State Issues
NJDEP Outreach Session for Tier B Municipalities Being Reassigned to Tier A Under MS4 Permit Program
On Wednesday the New Jersey Department of Environmental Protection (NJDEP) hosted an outreach session for all Tier B municipalities being reassigned to Tier A under the MS4 permit program. As you should be aware the NJDEP has begun efforts to effectively end Tier B designation under the MS4 permit program by reassigning all municipalities as Tier A. For more on this please see the League’s recent blog.
The outreach session provided an overview of what municipalities should expect with the reassignment, along with information on changes the NJDEP will be making to requirements, and mandates under the Tier A permit.
The League is continuing to review the NJDEP’s action to reassign all municipalities to Tier A, as well as the proposed changes to the Tier A permit requirements. For those submitting comments to the NJDEP regarding these changes, we ask that you please share these comments with Frank Marshall, League Associate General Counsel, at fmarshall@njlm.org. As a reminder, the deadline to submit comments to the NJDEP is Wednesday, September 20.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.
SHBP Plan Design Committee Prescription Coverage Meeting
For the second time this month, the State Health Benefits Program (SHBP) Plan Design Committee met and the members received a presentation by OptumRX about the state employee prescription drug program for 2023.
The presentation focused on the formula used to contain costs and ensure prescription coverage. Based on AON’s Rate Renewal Report, prescription insurance for local government employees will see a 3.7% increase for active employees, a 5.7% decrease for early retirees, and a 7.8% increase for early retirees.
At this time, the State Health Benefits Committee is scheduled to meet on September 14 while the Plan Design Committee is scheduled to meet again on September 28. The Plan Design Committee discussed meeting prior to their next scheduled meeting during the week of September 6, however, no specific date and time was announced. It is critical that the Plan Design Committee meet to discuss options to mitigate the proposed 21.6% increase for active local governments, 13% for local government early retirees, and the 0.7% increase for local government retirees.
As of this writing, the SHBP has not rescheduled the Rate Renewal Meeting that was canceled on July 25.
In addition, at the request of several municipalities, we have prepared a sample resolution opposing the proposed increases to the State Health Benefits Program and calling for the SHBC membership to include representatives from both local and county governments.
We encourage you to review the presentation and reach out to the Governor’s office and your legislators to share your concerns about this large increase and its effects on municipal budgets.
Contacts:
- Lori Buckelew, Deputy Executive Director & Director of Government Affairs, lbuckelew@njlm.org, 609-695-3481, x112.
- Paul Penna, Senior Legislative Analyst, ppenna@njlm.org, 609-695-3481, x110.
NJ Attorney General Issues Protocols Regarding Pregnant Law Enforcement Officers
Acting Attorney General, Matt Platkin has issued Protocols Regarding Pregnant Officers, laying out procedures applying various federal and state laws concerning treatment of pregnant employees to the law enforcement context. The protocols offer guidance on things such as accommodations for pregnant officers, uniform modifications, full and modified duty, taking leave, and returning to work amongst others.
We suggest you review these new Protocols with your manager, chief of police, and labor attorney.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.
Division of Civil Rights Updates Required Employment, Housing, and Places of Public Accommodation Posters
The Division on Civil Rights (DCR) recently amended and adopted regulations concerning the “Display of Official Posters for the Division on Civil Rights”. As a reminder under this regulation employers, housing providers, and places of public accommodations are required to prominently display posters created by the DCR in visible places to those who would be affected by violations of the New Jersey Law Against Discrimination and Family Leave Act. The required posters are available for download and printing on DCR’s website and must be printed on at least letter size paper and contain text that is fully legible and large enough to be easily read. We suggest that you review the amended regulations and requirements with your municipal manager and labor attorney.
Contact: Lori Buckelew, Deputy Executive Director & Director of Government Affairs, lbuckelew@njlm.org, 609-695-3481, x112.
Special Master Issues Long-Anticipate Report on Viability of Drug Recognition Experts
Last week, a special master appointed by the New Jersey Supreme Court issued a report determining that the methodology used by drug recognition experts (DREs) to ascertain whether someone is under the influence of drugs is scientifically valid and should be admissible in court. The special master’s report is part of an ongoing case, State of New Jersey v. Olenowksi, challenging the use of a DRE’s testimony in a DWI conviction.
The special master’s report will factor heavily in the Supreme Court’s decision on the future use of DREs. This will have a significant impact on the use of DREs in motor vehicle stops on those suspected of driving will under the influence of drugs, and even more so now with the legalization of adult-use cannabis. The report and the Court’s pending decision is also expected to play an important role in how the State Cannabis Regulatory Commission develops their own standards for workplace impairment recognition experts.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.
Department of Community Affairs to Hold Public Hearings on Hurricane IDA Recovery Plan
The New Jersey Department of Community Affairs (DCA) announced a 30-day public comment period for the Hurricane Ida Recovery Plan. The plan proposes to utilize $228 million in federal Community Development Block Grant Disaster Recovery (CDBGDR) funds to assist households and communities with infrastructure recovery, planning, and other needs that resulted from the effects of Hurricane Ida.
DCA’s public comment period will run through September 16, 2022. People may submit comments by email to DisasterRecoveryandMitigation@dca.nj.gov or by mail to Division of Disaster Recovery and Mitigation, NJ Department of Community Affairs, 101 South Broad Street, P.O. Box 823, Trenton, NJ 08625-0823.
DCA will also take public comments on the following dates:
Thursday, September 8, 2022, from 6:00 p.m. to 8:00 p.m. at the Manville High School Auditorium, 1100 Brooks Boulevard, Manville, NJ
Monday, September 12, 2022, from 6:00 p.m. to 8:00 p.m. at the New Jersey Institute of Technology (NJIT) Campus Center Ballroom, Second Floor 150 Bleeker Street, Newark, NJ
Contact: Andrew LaFevre, Legislative Analyst, alafevre@njlm.org, 609-695-3481, x116.
State Announces Participation in Endo Nationwide Opioid Settlement
This week, Acting Attorney General Matt Platkin announced that New Jersey reached an agreement in principle with opioid maker Endo International and its lenders that would provide up to $450 million to participating states and local governments, ban promotion of Endo’s opioids, and require Endo to turn documents related to its role in the opioid crisis for publication in a public online archive. This agreement is with a coalition of state attorneys general.
The agreement resolves allegations that Endo boosted opioid sales by using deceptive marketing that downplayed the risk of addiction and overstated the benefits. States have alleged that Endo falsely promoted the benefits of its opioid pain medication Opana ER’s (oxymorphone hydrochloride).
Contact: Paul Penna, Senior Legislative Analyst, ppenna@njlm.org, 609-695-3481, x110.
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