State Issues
SHBP Plan Design Committee Meets & Labor Launches Campaign
On Wednesday, the State Health Benefits Plan (SHBP) Plan Design Committee (PDC) held its regularly scheduled meeting. Agenda items included a review of 2023 Dental CDT codes and the bi-annual Optum Rx formulary review.
Committee members representing organized labor asked management what relief was being offered for local governments that are going to see a 2023 health benefits rate increase of more than 22% effective January 1, 2023. Management suggested that a special enrollment period may be possible and promised to provide updated information to the PDC this week.
Earlier in the week, most of the public sector unions launched a campaign for public sector employees to take action against the proposed SHBP cost increases. AffordableNJ.org includes information on regularly scheduled Thursday rallies, how to contact your legislators, and an explainer on what the union representatives of the PDC have proposed to achieve long-term health care premium savings.
We suggest that in addition to reaching out to the Administration and your legislative representatives for relief to the 22% increase on local employer SHBP, municipalities remind their public employees also impacted by the increase that open enrollment ends on Monday, October 31.
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.
Bill Expanding Workers Compensation Stalled
Thursday, the full Assembly was poised to consider A-2886, which provides employment protection for paid first responders diagnosed with post-traumatic stress disorder under certain conditions. Ultimately, however, the Assembly did not consider A-2886, and we understand that there may be additional amendments forthcoming.
The League was joined by the Municipal Excess Liability Joint Insurance Fund (MEL/JIF) in expressing opposition to the bill. As currently drafted, the legislation would open public employers and the Worker’s Compensation system to lawsuits by current and former employees that include not only remedies available in common law tort actions but also civil fines and attorney fees for the plaintiff. Further, it makes this private cause of action the “sole remedy” for a violation of this act. This goes directly against the “grand compromise” established in the creation of Workers Compensation. A-2866 would throw out the century-old compromise by allowing for civil action by the employee, upending the Workers Compensation system as we know it.
Taken alone, A-2886 poses a significant cost increase for municipalities that are currently paying the highest workers compensation rates in the nation. Municipalities, and ultimately the taxpayers, can ill afford any additional financial burden. Municipalities are already facing the difficult task of crafting a budget in a time of record inflation, health benefit increases of 22%, pension cost of 17% (PERS) and 36.51% (PFRS), solid waste cost rising at double the previous year, cybersecurity insurance increasing, general liability insurance increasing due to erosion of Title 59 by the courts, lack of summary judgements in favor of public entities, and the recently adopted laws.
Contact: Lori Buckelew, Deputy Executive Director & Director of Government Affairs, lbuckelew@njlm.org, 609-695-3481, x112.
Assembly Advances Legislation to Allow Police to be Present at Certain Polling Places
On Thursday, the Assembly favorably reported S-2912 which permits police officers to be present at senior residential centers or schools that are used as polling places. The legislation also requires school districts to establish election day security plans.
This legislation provides a carve out to S-3595, now P.L. 2021 459, which passed the legislature last session and was signed into law by Governor Murphy.
The League supports this commonsense measure that permits police in polling places. Since it was amended in the Assembly Oversight, Reform and Federal Relations Committee it needs to return to the Senate for concurrence before it is sent to the Governor for consideration.
Contact: Paul Penna, Senior Legislative Analyst, ppenna@njlm.org, 609-695-3481, x110.
OSC Municipal Sick and Vacation Leave Corrective Action
If you were one of the municipalities that had their sick and vacation time policy reviewed by the Office of the State Comptroller (OSC) earlier this year and asked to make corrective action by September, we ask you to share your response with the League by emailing Paul Penna, Senior Legislative Analyst at ppenna@njlm.org.
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.
DLGS Announces Municipal Budget Appropriations for Fire Districts
On October 19 the Division of Local Government Services (DLGS) released Local Finance Notice 2022-19 (LFN). The notice reports that municipalities may appropriate funds for use by their volunteer fire companies or boards of fire commissioners in accordance with N.J.S.A 40A:14-34. Every two years, the Director must adjust the statutory limits for inflation. A COLA adjustment of 3.5% has been applied for the CY 2023/SFY2024 yielding a maximum annual contribution of $161,526, with an additional $50,000 annually for each additional volunteer fire company/district in municipalities with three or more companies or boards.
Pursuant to N.J.S.A 40A:14-34, a volunteer fire company or board of fire commissioners must use at least 50% of the municipality’s annual appropriation for the purchase of fire equipment, materials, and supplies. The company or board must also provide the municipal governing body an annual accounting of the use of all funds so appropriated.
Contact: Andrew LaFevre, Legislative Analyst, alafevre@njlm.org, 609-695-3481, x116.
Best Practice Inventory Due November 10
As a reminder, the 56-question 2022 Best Practice Inventory is due November 10, however, the appeals deadline is November 3. Given that final state aid payment is scheduled for December 1, the Division is encouraging municipalities to submit their inventory as soon as possible. For more information on the process and requirements please review Local Finance Notices 2022-17.
In addition, please remember to share your submitted State Health Benefits Program Practices Survey form with Paul Penna, Senior Legislative Analyst, at ppenna@njlm.org as they will assist in our discussions on the increases to the State Health Benefits.
Contact: Lori Buckelew, Deputy Executive Director & Director of Government Affairs, lbuckelew@njlm.org, 609-695-3481, x112.
NJDEP Releases Copy of Inland Flood Protection Rules
The New Jersey Department of Environmental Protection (NJDEP) has released a courtesy copy of the proposed Inland Flood Protection Rules. These rules are scheduled to be published in the December 5 register, triggering a 60-day comment period that will run through February 3, 2023. A virtual public hearing will be held at 1 p.m. on January 11, 2023.
While the NJDEP hosted a number of public outreach sessions over the last week, speaking about the rule in generalities, this is the first time a copy of the rule proposal has been made available to the public.
The proposed rule would update New Jersey’s existing flood hazard and stormwater regulations by replacing current precipitation estimates with modern data that attempts to account for observed and projected increases in rainfall. The updated standards would apply to certain new and substantially reconstructed development in inland riverine areas that are subject to flooding, but they do not prohibit development in these flood hazard areas.
Under the two primary components of the rule:
- The elevation of habitable first floors would be two feet higher than currently indicated on NJDEP state flood maps and three feet higher than indicated on FEMA maps.
- Applicants for certain permits would use NJDEP’s New Jersey-specific precipitation data when calculating peak flow rates of streams and rivers for permits under the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13, as well as when proposed development triggers compliance with DEP’s Stormwater Management rules, N.J.A.C. 7:8.
The League is currently reviewing the rule language and we anticipate having more information available shortly.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.
New Jersey COVID-19 Pandemic Task Force on Racial and Health Disparities Announces Public Meetings
New Jersey Coronavirus Disease (COVID-19) Pandemic Task Force on Racial and Health Disparities announced three public hearings where participants can share personal stories and your community's experiences with theCOVID-19 pandemic. These comments will assist the Task Force work towards understanding the impact of COVID-19 and eliminating health disparities in New Jersey. The meetings will take place:
Rutgers -Camden Campus
Wednesday, November 2, 4:30 p.m. – 8:00 p.m.
Campus Center Multipurpose Room, 326 Penn St., Camden, NJ
Rutgers – Newark Campus
Wednesday, November 9, 4:30 p.m. – 8:00 p.m.
Lecture Hall B552, 185 South Orange Ave, Newark, NJ
Virtual Public Hearing
Tuesday, December 6, 4:30 p.m. – 8:00 p.m.
Advanced registration is suggested for the hearings, along with parking registration for the in-person hearings.
The purpose of the Task Force is to evaluate how and why the COVID-19 Pandemic has disproportionately affected minority and marginalized communities in New Jersey, solicit and receive testimonies from members of the State’s minority and marginalized communities, based on their experiences during the COVID-19 Pandemic, and generate recommendations on how to eliminate these racial and health disparities. These hearings will assist the task force accomplish their goals.
Contact: Paul Penna, Senior Legislative Analyst, ppenna@njlm.org, 609-695-3481, x110.
Share on Facebook
Share on Twitter
Share via Email
