Before the end of the Legislative term, Governor Murphy took action on various bills. Below is a list of bills of municipal interest.
League-Supported Bills
P.L. 2023, c. 211 permits Type II school districts without boards of school estimates that are not SDA districts to issue bonds to finance costs relating to repairs to school facilities and other furnishing and equipment that were damaged without voter approval. The law defines school facility as “any structure, building, or facility used wholly or in part for educational purposes by a school district and facilities that physically support such structures, buildings, and facilities, such as district wastewater treatment facilities, power generating facilities, and steam generating facilities, but shall exclude other facilities.”
Any bond issuance under this new law requires a resolution of the board of education with a 2/3 majority vote.
The new law, which the League supported, took effect on January 8, 2024.
Contact: Lori Buckelew, Deputy Executive Director & Director of Government Affairs, lbuckelew@njlm.org, 609-695-3481, x112.
P.L. 2023, c. 206 addresses a separate course for tax collection in municipalities that operate on the state fiscal year budget cycle instead of a calendar year budget cycle. The Director of Local Government Services is permitted to establish a course on state fiscal year tax collection and give an exam on the same. The course and examination must include lien enforcement; tax collecting, tax billing, and reporting; and any other material the Director deems necessary.
After the effective date of the law, a person cannot serve as a tax collector in a municipality operating under a state fiscal year unless they possess a certification of completion for the state fiscal year tax collection course and a state fiscal year endorsement on their tax collector certification. The state fiscal year endorsement is granted upon the successful completion of the state fiscal year tax collection course and payment of $25 application fee.
Municipalities operating under the state fiscal year may appoint a person as tax collector without the endorsement if the person is a certified tax collector and successfully passed the State fiscal year section of the certified tax collector exam prior to the effective date of this law.
In addition, the law changes the course provider for the Municipal Tax Collection I, II, and III courses from only Rutgers to courses from the Division of Local Government Services, or any institute of higher education with the Division’s approval.
The League supported this measure as it will assist in expanding the number of certified tax collectors for state fiscal year municipalities.
The new law takes effect on July 1, 2024. However, the Division of Local Government Services may take anticipatory administrative action in advance of the effective date.
Contact: Lori Buckelew, Deputy Executive Director & Director of Government Affairs, lbuckelew@njlm.org, 609-695-3481, x112.
P.L. 2023, c.214 puts in place additional procedures for inspecting, evaluating, and maintaining the structural integrity of certain residential buildings. The new law requires condominiums and cooperatives, and their plans, to be inspected and reviewed by a structural inspector during the building’s pre-construction, construction, and post-construction phases.
Under the new law, a certificate of occupancy is not to be issued until the structural inspector’s report confirms that the construction of the primary load-bearing system of the building conforms with the approved construction plans. Further, a certificate of occupancy is not to be issued if the construction permit applicant does not state at the time of application, or prior to the first occupancy creating a condominium or cooperative, that the building is to be a condominium or cooperative until the required inspections have occurred.
Similarly, a certificate of occupancy cannot be issued until any necessary repairs, renovations, alterations, or modifications to the structural components of a covered building are made pursuant to the inspector’s report.
Certain timelines for inspections are dependent on when a certificate of occupancy was issued. Any additional costs to the enforcing agency incurred as a result of any required inspections are to be recovered through a fee associated with the construction application.
The League supports this legislation as it creates a set of safety parameters on construction and buildings to help prevent catastrophic events like the tragedy in Surfside, Florida, where a 12-story condominium building collapsed, killing 98 people.
The law took effect on January 8.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.
P.L.2023, c.220 makes amendments to P.L.2021, c.171 concerning electric vehicle supply equipment and “Make-Ready” parking spaces. It clarifies that parking spaces equipped with electric vehicle supply equipment already installed or contracted to be installed count toward the total number of electric vehicle supply equipment required for installations. The new law also clarifies that the percentage of required Make-Ready parking spaces is based on the total number of new off-street parking set as part of any variance.
The new law also requires that during site plan review, the local land use board reviews the locations where the Make-Ready equipment or electric vehicle supply equipment we be installed.
The League initially opposed the measure when introduced because it provided a provision that would exempt developers of multi-family dwellings restricted entirely to occupancy for low- and moderate-income housing from having to install Make-Ready parking spaces or charging equipment. With electric vehicles set to become the standard means of personal transportation within our state, we cannot exclude those in need of low- and moderate-income from the infrastructure necessary for their use. Amendments, however, removed this provision.
The law took effect on January 8.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.
P.L.2023, c.228, expands the purpose for which civil assets forfeiture funds may be used by law enforcement agencies.
Currently, forfeiture proceeds are required to be designated for the exclusive use of the law enforcement agency that contributed to the surveillance, investigation, arrest, or prosecution resulting in the forfeiture and are required to be used solely for law enforcement purposes. This law expands the definition of “law enforcement purpose” to include promoting community outreach; providing diversity training for law enforcement officers; and establishing and implementing minority selection and recruitment programs.
The law, which the League supported, took effect on January 8.
Contact: Andrew LaFevre, Legislative Analyst, alafevre@njlm.org, 609-695-3481, x116.
P.L.2023, c.205 permits the governing body of municipalities with populations of 30,000 or less to serve as the local board of health. This legislation increases options available to municipalities when filling vital volunteer posts with qualified and willing citizens is not possible. The law also validates the actions and proceedings taken by municipal boards of health made up of governing body members before the adoption of the law. The League supported this legislation as it will give municipalities the flexibility to meet the important statutory requirement to have a board of health to protect the health, safety, and welfare of residents.
The new law took effect on January 8.
Contact: Paul Penna, Senior Legislative Analyst, ppenna@njlm.org, 609-695-3481, x110.
P.L. 2023, c.237, updates regulation of home improvement and home elevation contractors and contractors’ businesses. This law repeals the current law on the regulation of home improvement and home elevation contractors and establishes the New Jersey State Board of Home Improvement and Home Elevation Contractors as the regulating body of these contractors.?The nine-member board composition includes a licensed construction code official.
The Board's powers and duties include creating educational requirements for home improvement or home elevation contractors; issuing and renewing licenses for home improvement contractors and home elevation contractors; adopting a code of ethics and standards for licensed home improvement contractors and home elevation contractors; and issue limited specialty licenses for home improvement contracting specialties including but not limited to drywall installation, painting, roofing, carpeting, and flooring.
The League supports the amended version of this law and appreciates the sponsor listening to our input and incorporating our concerns into the bill.
The act took effect on January 8, but sections 9 through 13 remain inoperative until such time as provided in section 5, and sections 7, 8, and 14 through 20 shall be effective on the first day of the twenty-fifth month next following enactment.? The director and the board may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.
Contact: Paul Penna, Senior Legislative Analyst, ppenna@njlm.org, 609-695-3481, x110.
Bills Conditionally Vetoed by Governor Murphy
Governor Phil Murphy conditionally vetoed A-5610/S-3954 which would allow law enforcement to fine underage drinkers. As passed in the legislature, the bill would have allowed police to issue $50 fines to underage people caught with alcohol. It also raised the bar for police to be charged with deprivation of civil rights if they initiate a stop or search of an underage person without probable cause or arrest a suspect.
Under current law, police can only issue written warnings for underage people caught with alcohol or cannabis in plain sight. For minors, law enforcement is also required to notify parents. On second offenses, police can refer those under 21 caught with cannabis or alcohol to public or private organizations for counseling, and on a third offense those organizations could reach out to the teens. But police are not permitted to search underage people just because they see them in possession of prohibited substances.
The Governor in his conditional veto message agreed with the changes provided in the bill to raise the bar for law enforcement officers to be charged with deprivation of civil rights but disagreed with the imposition of any fine to those underage people caught with alcohol or cannabis. The Governor's recommendations included the removal of the provisions imposing a fine.
Both the Senate and Assembly moved quickly on the last day of the legislative session to concur with the Governor’s recommendation. The bill with the Governor’s recommendations is now back on the Governor’s desk where he is expected to sign the measure into law.
The League supports this legislation as it will assist law enforcement in carrying out their functions without fear of being found guilty of deprivation of civil rights, something that has had a chilling effect on law enforcement.
Contact: Andrew LaFevre, Legislative Analyst, alafevre@njlm.org, 609-695-3481, x116.
League Opposed Bills
P.L.2023, c.227 provides that any farmstand or location on a farm, or location used by a farm or other agricultural operation, to sell firewood obtained from property other than the seller’s land would not be considered a lumber yard under municipal land use regulations or for other regulatory purposes.
The law also prohibits the sale of firewood from outside of the state unless it has been heat-treated and certified as heat-treated and pest-free by the state of origin.
The League opposed this measure as it creates too broad an exception that can be taken advantage of by bad actors to expand beyond traditional farm operations, allowing them to act more like a lumber yard. This kind of activity is beyond the scope of what was intended when providing protections under the Right to Farm Act.
The law took effect on January 8.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.
P.L.2023, c.248, expands the Electronic Permit Processing Review System to specify that the Electronic Permit System is also required to offer an applicant the ability to submit electronic signatures for all materials necessary for the permit application review, including all construction permits, plans, and specifications, and for the scheduling of inspections. It also requires the construction department to accept an electronic reproduction of stamps, seals, certifications, and notarizations.
The League opposed this legislation as many municipalities already utilize a similar system and requiring DCA to implement duplicative. This new law took effect on January 8.
Contact: Paul Penna, Senior Legislative Analyst, ppenna@njlm.org, 609-695-3481, x110.
No Position From League
P.L. 2023, c. 252 adjusts the bid threshold amounts for certain public research universities and permits certain contracts for school districts, municipalities, and counties to be awarded by a qualified purchasing agent. Of municipal interest, the new law permits a qualified purchasing agent to award contracts over $17,500 but below the municipality's bid threshold.
The new law takes effect on April 7, 2024.
Contact: Lori Buckelew, Deputy Executive Director & Director of Government Affairs, lbuckelew@njlm.org, 609-695-3481, x112.
P.L. 2023, c. 217 revises the definition of women’s business enterprise and minority business enterprise. The definition of “women business enterprise” has been changed to require that the business is controlled by one or more women who own it and of which at least 51% of the legal beneficial ownership is held by women. The definition of “minority” has been changed to remove Spanish or Portuguese culture from Hispanic and requires that the business is controlled by one or more minorities who own it and of which at least 51% of the legal beneficial ownership is held by minorities.
P.L. 2023, c. 217 took effect on January 8, 2024.
Contact: Lori Buckelew, Deputy Executive Director & Director of Government Affairs, lbuckelew@njlm.org, 609-695-3481, x112.
P.L. 2023, c. 245 revises the method for appraisals of farmland to be acquired for farmland preservation purposes. Specifically, this law establishes a new process to determine the value of farmland and development easements on farmland to be acquired using funds from the Preserve New Jersey Farmland Preservation Fund, Garden State Farmland Preservation Trust fund, or any other state funds provided for Farmland Preservation.
The new law took effect on January 8, 2024.
Contact: Lori Buckelew, Deputy Executive Director & Director of Government Affairs, lbuckelew@njlm.org, 609-695-3481, x112.
P.L.2023, c.243 prohibits, beginning two years from January 8, 2024, the sale, manufacture, distribution, and use of any class B firefighting foam containing intentionally added perfluoroalkyl and polyfluoroalkyl substances, commonly known as PFAS, within the state. Class B firefighting foam is defined to mean foam designed to prevent or extinguish a fire in flammable liquids, combustible liquids, petroleum greases, tars, oils, oil-based paints, solvents, lacquers, alcohols, and flammable gases.
The law’s prohibition would not apply to the sale, manufacture, distribution, or use of class B firefighting foam for which the inclusion of PFAS is required by federal law or regulation, including, but not limited to, 14 C.F.R. s.139.317. If a federal requirement to include PFAS in class B firefighting foam is revoked, the prohibition would apply one year after the requirement is revoked.
Anyone who violates the sale prohibition would be committing an unlawful practice under the State's Consumer Fraud Act and would be subject to a fine of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. In addition, a violation can result in cease-and-desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured.
The law also appropriates $250,000 to the New Jersey Department of Environmental Protection (NJDEP) to establish a program to collect and dispose of the now-prohibited Class B firefighting foam from fire departments within the state. The program established within the NJDEP also includes a grant program that allows a municipality that voluntarily participates in the NJDEP’s disposal efforts to qualify for funding to cover the costs to replace the Class B firefighting foam.
To be eligible for a grant, a municipality must demonstrate that the costs of the replacement firefighting foam exceed 5% of the annual operating expenses of the municipality's fire department, for municipalities having a population in excess of 40,000 persons and a population density in excess of 3,000 persons per square mile, or 2.5% of annual operating expenses of the municipality's fire department for all other municipalities.
The law took effect on January 8.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.
P.L. 2023, c.229 provides reciprocity for out-of-state Emergency Medical Technician certification with the completion of a criminal background check. A person with a current EMT certification in good standing from another state may obtain an EMT certification from the Commissioner of Health to provide basic life support. The Commission has 30 days to make a decision.
All certified EMTs will have to undergo a criminal history background check as a recertification condition. A follow-up criminal background check will now be required at least once every three years as a condition of recertification. The Department of Health may require that the EMT bear the costs of the criminal history record background check.
The new law took effect on January 8.
Contact: Paul Penna, Senior Legislative Analyst, ppenna@njlm.org, 609-695-3481, x110.
P.L.2023, c.250, eliminates the position of constable and removes statutory references to constable. The salary provisions of a municipal employment contract for a constable which was entered into prior to the effective date will remain in effect and the person will be compensated in accordance with the provisions of the contract until the expiration date.?Any provisions of the contract which grant powers and impose duties associated with the position of constable are deemed null and void.
The law took effect on January 8.
Contact: Andrew LaFevre, Legislative Analyst, alafevre@njlm.org, 609-695-3481, x116.
P.L.2023, c.225 provides that a health care provider that is managing a medical home, pursuant to a contract with a public employer for its employees and their dependents who are covered by the employer’s health benefits program or plan may:
- Provide a credit to the public employer toward the cost of the contract awarded to the health care provider to manage a medical home model for health care services for the public employees and their dependents; and
- Refer covered employees and their dependents who receive services through the medical home model to other providers with whom the health care provider has a contractual relationship.
The new law took effect on January 8 and applies retroactively to July 1, 2022.
Contact: Paul Penna, Senior Legislative Analyst, ppenna@njlm.org, 609-695-3481, x110.
P.L.2023, c.235 requires domestic violence orders to be issued in other languages in addition to English. The Administrative Office of the Courts will prepare standard templates in English, Spanish, and up to ten other high-demand languages spoken in New Jersey.
The templates created will be available for law enforcement, Municipal Court judges, and Superior Court Judges and staff.
This law takes effect on May 7, 2024.
Contact: Paul Penna, Senior Legislative Analyst, ppenna@njlm.org, 609-695-3481, x110.
P.L.2023, c.222, the Electric and Hybrid Vehicle Battery Management Act, establishes a framework for the proper end-of-life management of electric vehicle batteries. Three years after the effective date, the disposal of EV batteries and their subcomponents as solid waste is prohibited. The Department of Environmental Protection (DEP) is required to develop and promulgate rules and training materials for proper disposal. This law gives the DEP the authority to enter recycling centers to ensure compliance.
This law took effect on January 8.
Contact: Andrew LaFevre, Legislative Analyst, alafevre@njlm.org, 609-695-3481, x116.
Governor's Conditionally Vetoed Bills
On Monday, Governor Murphy conditionally vetoed ACS for A-4821 and A-4823/S-3283, which would require the New Jersey Department of Environmental Protection (DEP) and the Drinking Water Quality Institute (DWQI) to establish a definition of “microplastics” and testing methodologies for microplastics in drinking water.
The bill would further require the DEP, within three years, to adopt rules establishing microplastics testing and reporting requirements for drinking water systems and institute criteria for laboratory certification. In addition, the bill would require the DEP and the Board of Public Utilities (BPU) to complete a study within two years of the feasibility and benefits of using microplastics removal technologies in drinking water and wastewater systems, and to submit a report to the Governor and Legislature with the results of the study.
The study would include pilot microplastics removal projects and stakeholder engagement; and the report would include recommendations for legislative and executive actions and the development of a strategic plan to deploy, approve, and incentivize microplastics removal technologies.
Following the submission of the report, the DEP and the BPU would be required to undertake a public education campaign to inform water system owners and the public about the importance of microplastics removal, available technologies, the goals and primary elements of the strategic plan, and available incentives. The agencies would also be required to issue permits for removal projects and, within the limits of appropriate funding, to establish incentive programs to promote the use of removal technologies.
The Governor’s conditional veto recommends that instead of requiring DEP to establish testing methodologies and sampling requirements, the bill be amended to require DEP to develop a definition of microplastics in drinking water as part of the study and, following submission of the report, to require DEP to work with DWQI to undertake the further studies necessary to inform future regulatory development if the study shows that microplastics in drinking water pose a health risk.
In addition, the Governor’s conditional veto recommends that the final report not be required to include a strategic deployment plan, procedures for approving proposals, or financial incentives to promote adoption.
In light of the ending legislative session, the Legislature moved quickly to concur with the Governor’s recommendations. The bill is now back on the Governor’s desk where it is expected he will sign it into law.
Contact: Andrew LaFevre, Legislative Analyst, alafevre@njlm.org, 609-695-3481, x116.