State Issues
NJDEP Reassigning All Tier B Municipalities to Tier A Under MS4 Permit Program
The NJ Department of Environmental Protection (NJDEP) is moving to reassign all 101 municipalities currently designated Tier B to the Tier A designation under the Municipal Separate Storm Sewer System (MS4) permit program. Detailed justification for the reassignment is provided by the NJDEP in the notification sent to municipalities, but the general reasoning provided is the need for additional protections from pollutants discharged into impaired waterways.
The decision by the NJDEP to designate all municipalities Tier A should bring added attention to the recently proposed draft Tier A MS4 NJPDES Master General Permit, discussed in the League’s recent blog post.
The NJDEP will be hosting an outreach session for Tier B municipalities being reassigned to Tier A, on August 24 from 1:00 p.m. to 3:00 p.m. This outreach session will include a presentation on the Department’s evaluation of Tier B municipalities to determine their eligibility for the Tier A permit, as well as the reassignment process and the Department’s assistance during the transition to Tier A. There will also be a presentation on the draft Tier A permit, which will include the identification of the changes being proposed in the new Tier A permit. Those wishing to attend the must RSVP to stormwatermanager@dep.nj.gov with your name, email, and municipal affiliation. A follow-up email will be sent with a link to join the session.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.
Advisory Warehouse Siting Guidance Moves Closer to Adoption
The State Planning Commission (SPC) is moving closer to adopting warehouse siting guidance material, which was first shared in June. Please take note that the guidance, even after it is approved by the SPC is advisory only, not mandatory. The guidance material intends to offer municipalities and local officials insights and things to consider when updating their Master Plans and reviewing applications and requirements for the siting of warehouses. The goal of the guidance is to provide a balanced approach to warehouse siting that considers environmental and economic sustainability and public health.
The public comment period on the guidance closed on July 29 and the State Planning Commission originally scheduled consideration of the guidance for August 3, , but was tabled in order to consider additional comments. It is anticipated that the matter will be considered in September at the next State Planning Commission meeting.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.
Division Issues Guidance on Certification Renewals and New QPA Requirements
The Division of Local Government Services (DLGS) has issued Local Finance Notice 2022-15 providing a DLGS Certification Unit Update and guidance on the certification renewals for DLGS-issued certifications and new requirements for Qualified Purchasing Agents (QPA).
DLGS certification extensions and carryover credit regulations went into effect on August 1. DLGS licensed positions (e.g., Municipal Clerk, Chief Financial Officer, Tax Collector, Certified Public Works Manager, and QPA) certification renewal after May 15, 2020 have been extended by one year. Renewal cycles will revert back to the original two- and three-year statutory time periods after the expiration of the temporary extension. In addition, DLGS-licensed officials will be permitted to carry over CEU credits but the carryover cannot exceed 50% of the number of CEUs needed for renewal. Any carried over CEU credits will be applied to the same category in which the CEU credit(s) was earned.
If you hold a QPA certification the licensing requirements have changed. Beginning with renewals due by December 31, 2022 and forward QPAs will be required to earn a minimum of 25 CEU contact hours. Of the 25 CEU credits, five must be from the “procurement procedure” category. In addition, the Division has added another non-mandatory optional category of “public works compliance” for QPA certification categories.
Licensed officials with questions on the new requirements and certification extension should contact the DLGS’ Certification unit by emailing DLGS.Certification@dca.nj.gov.
Contact: Lori Buckelew, Deputy Executive Director & Director of Government Affairs, lbuckelew@njlm.org, 609-695-3481, x112.
NJDEP Extends Deadline for Technical Assistance Grants to September
Due to high demand, the New Jersey Department of Environmental Protection (NJDEP) has extended the deadline for counties, municipalities, and public utility authorities to submit expressions of interest for technical assistance grants. The new deadline for the technical assistance grants is Friday, September 23.
Under the program, $2 million in grants is being made available to municipalities, counties, and public utility authorities for feasibility study and technical assistance creating a stormwater utility. Grants are capped at $100,000 for municipal studies and $250,000 for regional studies. For more information, please see the NJDEP’s website.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.
Routine COVID-19 Testing Requirements for Schools, Child Care Settings, and State Contractors Lifted
This week, Governor Murphy signed Executive Order 302, lifting the State’s requirement that school districts, child care settings, and state contractors maintain a policy requiring unvaccinated workers undergo routine COVID-19 testing. While the state’s requirement has been lifted, individual school districts, child care settings, and state contractors are not prevented from maintaining their own vaccination or testing policy as they see fit.
School districts are still required to report vaccination and testing data to the Department of Health, and covered workers in congregate care, health care, and correctional facility settings are still required to be up-to-date on their COVID-19 vaccinations, as per prior executive orders.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.
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