On September 12 Governor Murphy took action on various pieces of legislation that were sent to him at the end of June. The following bills of municipal interest were signed into law:
- S-2435/A-3537: Revises certain requirements concerning eligibility for reimbursement from "Emergency Medical Technician Training Fund."
This new law, which takes effect on April 1, 2025, provides that an individual may be eligible for reimbursement from the Emergency Medical Technician Training Fund for the unreimbursed costs of training and certifying a volunteer EMT and outlines the process for reimbursement. The legislation was unanimously passed in both the Assembly and Senate. The League supported this legislation because it addresses the ongoing issue of expansion and retention for Emergency Medical Technicians by removing a financial barrier to volunteerism.
Contact: Andrew LaFevre, Legislative Analyst, alafevre@njlm.org, 609-695-3481, x116.
- S-3235/A-4461: Regulates production and sale of certain intoxicating hemp products.
This new law immediately prohibits the sale or distribution of intoxicating hemp products to those under the age of 21. And beginning October 12, limits sales to those above the legal age by retailers licensed by the Cannabis Regulatory Commission (CRC) and allows liquor stores to sell intoxicating hemp drinks upon receiving approval from the CRC. Prior to the newly signed law, the sale of intoxicating hemp products and drinks was unregulated.
The new law expands the availability of the optional local cannabis transfer and user tax, allowing municipalities to adopt an ordinance imposing a transfer tax on the sale of intoxicating hemp drinks sold by liquor stores.
Sales of intoxicating hemp products are prohibited until the CRC establishes regulations. The CRC must adopt rules within one year before sales can begin. Once the CRC adopts rules, liquor stores will be able to apply to the CRC to sell the products. The approval process for liquor stores would be separate from the usual cannabis licensure process.
In signing the bill, the Governor included a statement highlighting that the bill regulates the sale of intoxicating hemp products sold, but expressed his concern with the late amendments that “open the door to the sale and distribution of intoxicating hemp beverages” by liquor stores due to the challenges the amendments created.
Prohibiting the sale or distribution of hemp product or cannabis item not derived from naturally occurring biologically active chemical constituents took effect on September 12, 2024. The remainder of the new law will take effect on October 12, 2024.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.
- S-3368/A-4623: Concerns law protecting residential tenants from lead-based paint hazards.
The new law amends P.L.2021, c.182, which requires all municipalities to perform inspections of certain rental properties for lead-based paint hazards by clarifying that municipalities have the option to hire a lead evaluation contract to conduct inspections, or enter into a shared service agreement, rather than having inspections performed by a construction code official.
The law also extends the validity of lead-safe certification from two years to three so that the certification period will run together with the lead inspection timeframes. In addition, the legislation would empower the State Department of Health to identify other data appropriate for distinguishing whether an inspection must include a dust-wipe sampling or may be accomplished through visual inspection.
The law took effect on September 12, 2024, but the authorization for municipalities to enter into a contract or shared service agreement for lead-based paint inspection services is retroactive to agreements enter into on or after July 22, 2022.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.
- A-4534/S-3439: Revises definition of qualified assistance fund expenses under UEZ program to include costs of transportation infrastructure projects and related debt service.
The new law clarifies the type of transportation related projects an Urban Enterprise Zone (UEZ) municipality may fund from zone assistance funds. The definition of “qualified assistance fund expense” is expanded to include the improvement of public infrastructure in a commercial or transportation corridor and transportation infrastructure located within an UEZ, including, but not limited to, payment of debt service related to the financing of a transportation project and the pledge of funds credited to assistance funds toward the repayment of any loan issued by State Transportation Infrastructure Bank or any government agency for transportation infrastructure projects.
The League supported this measure, which takes effect on September 12, 2024, as it expands economic development in UEZ communities.
Contact: Lori Buckelew, Deputy Executive Director & Director of Government Affairs, lbuckelew@njlm.org, 609-695-3481, x112.
- S-2188/A-1970: Requires DEP, DOH, owners or operators of certain public community water systems, and owners or operators of certain buildings or facilities to take certain actions to prevent and control cases of Legionnaires' disease.
This new law requires owners and operators of public community water systems that have more than 100 service connections and are fully or partially served by water or groundwater under the influence of surface water, and any public water system designated by the DEP to maintain a certain minimum detectable disinfectant residual of free chlorine or monochloramine, as applicable.
It also requires owners and operators of certain buildings and facilities, such as health care and correctional facilities among others, to develop within 24 months a water management program to minimize the growth of Legionella bacteria.
This new law took effect September 12, 2024.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.