CODE RED ALERTS
On June 20th, the Senate Health, Senior Citizens, and Human Services Committee amended and favorably reported S-2346 (Turner D-15/McNight D-31), which would establish a three-year pilot program in the State Office of Emergency Management (OEM) under which participating counties must formulate plans to issue a Code Red alert under certain circumstances.
In general, this legislation would require OEM to select 10 willing counties to participate in the pilot program, where the county’s OEM coordinator would develop consistent Code Red alert plans throughout the county along with municipal emergency management coordinators in towns with a documented homeless population of at least 10 people. These plans would provide for communication and outreach, cooling centers, and transportation during the implementation of a Code Red alert. The legislation would authorize designated a volunteer organization to carry out the plan. Although the organization would operate independently, it would receive cooperation and logistical support from municipal coordinators. The bill would further require each municipality, social service agency, and non-profit organization to report the location of its cooling centers to the Department of Environmental Protection (DEP) and Heat Hub NJ for inclusion on its website.
Additionally, the measure would require a county emergency management coordinator to declare a Code Red alert when the National Weather Service declares a heat advisory for that county’s region or reports an Air Quality Index of 151 or higher. Importantly, the bill would provide “Good Samaritan” protection from civil liability to the State and local governments and their employees, as well as to volunteer organizations and their members who, during implementation of a Code Red alert plan, provide emergency cooling centers to at-risk individuals. The legislation would appropriate $5.0 million from the General Fund to OEM, which would issue grants in the amount of $500,000 to the governing body of each county selected to participate in the pilot program. NJAC is in the process of reviewing the amendments is generally supportive of the changes as the Association has long requested amendments to the bill that would establish a voluntary pilot program along with an appropriation to support those in need in a resourceful, manageable, and meaningful manner. The Committee second referenced S-2346 to the Senate Budget and Appropriations for consideration and the companion version A-2258 (Lopez D-19/McCoy D-14) is currently in the Assembly Housing Committee.
JUVENILE DEFENDANT WAIVERS
On June 28th, the Senate Judiciary Committee favorably reported S-357 (Diegnan D-18/Polistina R-2), which concerns the rights of juvenile defendants who elect to be tried as adults.
In summary, this legislation would provide that a juvenile defendant who voluntarily elects to move their case from the Family Part to the Criminal Part of the Superior Court in order to be tried as adults would be granted certain procedural rights. Although such a case would proceed as if it originated in the Criminal Part and would be subject to applicable adult sentencing provisions, which includes a presumption that a convicted juvenile serves any custodial sentence imposed in a State juvenile facility operated by the Juvenile Justice Commission (JJC) until reaching 21 years of age, the bill would provide that a confined juvenile who has reached 18 years of age and whose continued presence in the juvenile facility threatens the safety of others could be transferred to a State adult correctional facility. The bill would permit a juvenile who has reached or exceeds 21 years of age to serve a sentence in the State juvenile facility at the discretion of the JJC and with the consent of the juvenile.
The legislation further provides that is at any point during the proceedings of the case, with the consent of the juvenile and prosecutor, the court could remand the case to the Family Part to continue as a juvenile adjudication if it appears that the interests of the public and the best interests of the juvenile require access to programs and procedures uniquely available through the juvenile adjudication process, and the interests of the public are no longer served by the juvenile’s original voluntary waiver to the Criminal Part. Additionally, the bill would require the court to approve the juvenile’s voluntary waiver, which it could do only after conducting a hearing. At the hearing, the court would inform the juvenile of the differences in the maximum sentencing or disposition between adults and juveniles for the offenses charged, and the differences “in the consequences of magnitude” between proceeding under the “New Jersey Code of Juvenile Justice” and the “New Jersey Code of Criminal Justice.” A determination to approve the voluntary waiver would also require that the juvenile’s action be found to be “knowingly, willingly, and voluntarily” made. NJAC generally supports this legislation as it would provide some relief to the challenges counties are facing with juveniles in detention, some of which include the safety of juveniles, the lack of statewide juvenile detention facilities and adequate staffing, lengthy court proceedings. S-357 is on second reading in the Senate, but a companion version does not exist in the General Assembly at this time.
WORKERS’ COMPENSATION FEES
On June 28th, both houses passed and sent to the Governor S-2822/A-3986 (Lagana D-38)(Verrelli D-15), which would increase the cap on fees paid to petitioner attorneys in workers’ compensation claims from 20% to 25%.
Given that county governments across the State employ over 30,000 public sector employees and must insure for workers’ compensation claims, NJAC is concerned that this legislation would increase monies awarded to petitioner attorneys at the expense of workers and local governing bodies as employers. As the Committee is well aware, under current law, a workers’ compensation judge may award reasonable attorney fees up to 20% with the employer responsible for paying 60% of that amount and the injured worker paying the balance of 40% deducted from the final settlement. As outlined in the chart below, this legislation would not only increase the amount local governing bodies pay in attorney fees, but would reduce the total amount of the award granted to workers.
| MATTER | 20% ATTORNEY FEES | 25% ATTORNEY FEES |
| Typical Award | $30,000.00 | $30,000.00 |
| Attorney Fees | $6,000.00 | $7,500.00 |
| Employer Responsibility | 60% = $3,600.00 | 60% = $4,500.00 |
| Worker Responsibility | 40% = $2,400.00 | 40% = 3,000.00 |
| Total Worker Award | $27,600.00 | $27,000.00 |
In addition to enhancing attorney fees, this legislation could increase insurance premiums and nullify the steps county governments have taken to effectively manage workers’ compensation claims. As local governing bodies continue to struggle with navigating annual increases in the cost of goods and services, this legislation would make it even more difficult to control operating expenses while delivering essential services. It’s unclear whether Governor Murphy will sign the measure into law. Typically, the Governor has 45 days to act on a bill; however, when the Legislature is on temporary adjournment, the Governor has until the first day subsequent upon which the bill’s house of origin reconvenes.
COUNTY HOSPITAL OPTION FEE
On June 28th, both houses passed and sent to the Governor S-2552/A-3364 (Conaway D- 7/Speight D-29), which would clarify the cap on fees imposed under the “County Option Hospital Fee Program Act.”
In summary, this bill would amend the “County Option Hospital Fee Program Act,” to remove the requirement that the fee implemented under the program be subject to a cap as determined by the Commissioner of Human Services. The bill would instead require that the fee is subject to review and approval by the Commissioner of which would not impact the Commissioner’s authority to annually review and approve county option programs. The bill would also specify that the fee would not exceed the aggregate amount specified under federal law minus one percent of total net patient revenues. The Committee amended the bill to provide that neither the State nor a participating county would be liable for any amount of local-healthcare-related fee imposed on a hospital pursuant to this act that the hospital fails to pay or does not pay in a timely manner to the assessing county. The Committee further amended the bill to provide that with the exception of the period of time during which a participating county or Medicaid Managed Care Organization is in possession of payments prior to disbursement, neither a participating county nor Medicaid Managed Care Organization would be liable for any amount related to an approved expenditure plan determined to be impermissible by a federal agency. Governor Murphy is expected to sign the bill into law.
PARATRANSIT SERVICES
Also on June 28th, both house unanimously passed S-360/A-2607 (Diegnan D-18/Mukherji D- 32)(Karabinchak D-18/Calabrese D-36), which would permit taxicabs, limousines, and transportation network companies (TNCs) to provide paratransit services in the State for a period of two years.
In summary, this legislation would require that within 60 days of the termination of the two-year period in which the provision of paratransit services is permitted by taxicabs, limousines, and TNCs, each paratransit provider that provides paratransit service by means of a taxicab, limousine, or TNC prepare and submit a report to the Department of Transportation (DOT) containing the following information: information on the number of paratransit service rides provided during the two-year period; information on any vehicle safety, labor, environmental, or any other applicable violations that occurred during the provision of paratransit services; and information pertaining to each motor vehicle accident that occurred during the provision of paratransit services and any related injuries or insurance claims that resulted from each motor vehicle accident. NJAC supports this legislation as it could help county governments provide critical community and paratransit services to senior citizens, individuals with disabilities, and others with mobility needs. Although the types of transportation services provided to those in need may vary from county-to-county, this legislation could make additional rides available for medical appointments for hemodialysis, chemotherapy, and radiation; physical and mental therapies; employment and educational training opportunities; veteran services; recreational activities; meals on wheels; visitation of loved ones in nursing homes and hospitals; and more. Governor Murphy is expected to sign the measure into law.
GAS POWERED LEAF BLOWERS
On June 20th the Senate Environment and Energy Committee favorably reported S-217 (Smith D- 17), which would prohibit the sale and use of certain gas-powered leaf blowers.
In general, this legislation would prohibit within the State in two years, the sale or distribution of gas-powered leaf blowers with two-stroke engines. The bill would also prohibit within the State in four years, the use or operation of gas-powered leaf blowers with two-stroke engines. Additionally, the measure would prohibit within the State in four years, the use or operation of gas-powered leaf blowers with four-stroke engines in any residential areas and would limit the permitted use of gas-powered leaf blowers with four-stroke engines in non-residential areas to March 15th – May 15th and October 15th – December 15th. Any commercial entity that violates the bill would receive a warning for a first offense and subject to a civil penalty of not less than $500 nor more than $1,000 for each subsequent offense. Other persons would receive a warning for a first offense and would be subject to a civil penalty of $25 for each subsequent offense. In the case of a continuing violation, each day during which the violation continues would constitute an additional, separate, and distinct offense.
The bill would exempt gas-powered blowers designed and utilized for the application of pest management products, and would prohibit municipalities and counties from adopting ordinances restricting the use of such blowers. The bill would also provide that municipalities may adopt ordinances regulating the sale or operation of gas-powered leaf blowers, provided that they are at least as stringent as the bill’s provisions. The measure would also incentivize the sale of, and replacement of gas-powered leaf blowers with, electric leaf blowers by providing a tax credit against the corporation business tax to compensate a taxpayer for certain costs incurred in the purchase of an electric leaf blower for up to six years. The amount of the tax credit provided by the bill may not exceed 50% of the full cost of purchasing the electric leaf blower, including the cost of any batteries or charging equipment that may be required. To qualify for the tax credit, a taxpayer would be required to apply to the Commissioner of the Department of Environmental Protection (DEP) for a certification that provides: that the electric leaf blower purchased by the taxpayer is eligible for the tax credit and the amount of the tax credit. S-217 is in the Senate Budget and Appropriations Committee awaiting consideration and the companion version A- 4666 (Hall D-28/Tucker D-28) is in the Assembly Environment, Natural Resource, and Solid Waste Committee.
SOLID WASTE MANAGEMENT PLANS
On June 20th, the Senate Environment and Energy Committee favorably reported and second referenced to the Senate Budget and Appropriations Committee for consideration S-2426 (Smith D-17), which would require each solid waste management district in the State to develop, as part of its district’s solid waste management plan, a strategy to reduce food waste in the district.
In general, this bill would require each solid waste management district to develop and implement a strategy for reducing, by the year 2035, the amount of food waste generated annually in the district by at least 50 percent of the amount which was generated in 2022. The strategy would be adopted as an amendment to each district’s solid waste management plan, or through an administrative action, and would be subject to the approval of the Department of Environmental Protection (DEP). The bill would require the DEP to develop, and publish on its Internet website, a list of measures solid waste management districts can take in order to achieve the food waste reduction requirement established in the bill. These measures would include actions to prevent food waste and increase the donation of surplus edible food, the source separation and recycling of food waste, the composting and anaerobic digestion of food waste and other food waste diversion methods that also reduce methane emissions, and public awareness campaigns. Earlier this year, the Assembly Environment, Natural Resources, and Solid Waste Committee, second referenced the companion version A-2090 (Kennedy D- 22/Stanely D-18) to the Assembly State and Local Government Committee for consideration.
TRANSPARENCY IN COMPENSATION
On June 28th, the Senate unanimously passed S-2310 (Moriarty D-4/Turner D-15), which would require transparency concerning compensation with employment listings and promotional opportunities.
In summary, this legislation would require employers to make reasonable efforts to announce, post, or otherwise make known opportunities for promotion that are advertised internally along with externally on internet-based advertisements, postings, printed flyers, or other similar advertisements to all current employees in the affected department or departments of the employer’s business prior to making a promotion decision. The bill would also require employers to disclose in each posting for new jobs and transfer opportunities that are advertised by the employer either externally or internally the hourly wage or salary, or a range of the hourly wage or salary, and a general description of benefits and other compensation programs for which the employee would be eligible. The measure would empower the Commissioner of the Department of Labor and Workforce Development (DOLWD) to enforce the provisions of the bill in a summary proceeding with employers who violate the law subject to a civil penalty in an amount not to exceed $300 for the first violation and $600 for each subsequent violation. The companion version A-4151 (Danielsen D-17/Quijano D-20) is on second reading in the General Assembly.
WATER, SEWERAGE, & STORM WATER FEES
On June 17th the Senate Community and Urban Affairs Committee favorably reported S-286 (Stack D-33/Singleton D-7), which would permit certain local units and authorities to reduce water, sewerage, and stormwater fees under certain circumstances.
In general, this bill would provide that a local unit or authority that operates a water, sewerage, or stormwater management system may reduce the fees or other charges it collects from a person residing in its district or service area, provided that certain requirements are met pursuant to the bill. A local unit or authority that establishes a reduction under the bill is required to adopt procedures for determining a ratepayer’s eligibility for a reduction. The bill would also require a local unit or authority to advertise the availability of the reduction in the bills submitted to residents in the district or service area, or in special periodical mailings to residents in the district or service area. The bill would further require an applicant seeking a reduction to provide information and documentation concerning the applicant’s identity, income, household, and ownership or tenancy.
The bill would provide that a local unit or authority may not offer rate reductions to low-income residents unless the local unit or authority has a sufficient amount of funds available to set-aside and offset the projected loss in revenues attributable to providing for low-income reductions under the bill. The bill imposes deadlines for local units and authorities to accept applications for reductions under the bill. However, the bill would allow a local unit or authority to deviate from the statutory application deadlines if the local unit or authority seeks and obtains approval from the Director of the Division of Local Government Services (DLGS) to fund reductions established under the bill from a specific fund. The bill requires the director to approve a local unit’s or authority’s application if the local unit or authority can demonstrate that, based on a rate study conducted under the bill, the reduction will not result in an unreasonable increase in average residential rates, rents, fees, and charges or the authority having insufficient funds to maintain the integrity of its system infrastructure.
Additionally, the measure would allow certain local units and authorities to enter into agreements with delinquent ratepayers for them to make full payment of their delinquent balance, plus interest and penalties, in equal monthly installments, over a period not to exceed five years in duration. The bill also authorizes certain local units and authorities to modify such agreements to allow for: temporary reductions in monthly installments; increases in the duration of agreements (not to exceed five years from the date of the original agreement); or both, for residential customers who can demonstrate that their financial circumstances have changed significantly because of factors beyond their control. S-286 is on second reading in the Senate with no companion version in the General Assembly at this time.
EMT TRAINING
On June 28th, both houses passed and sent to the Governor S-2435/A-3537 (Greenstein D- 14/Mukherji D-32)(Stanley D-18/McCoy D-14), which would revise the requirements to receive reimbursement from the “Emergency Medical Technician Training Fund.”
This legislation would provide that any agency, organization, or entity may be eligible for reimbursement from the Fund for the unreimbursed costs of training and certifying a volunteer EMT, regardless of whether the ambulance, first aid and rescue squad employing or utilizing the services of the volunteer EMT charges for the provision of basic life support services. The priority for reimbursement from the fund would be initial EMT training and certification classes and EMT refresher recertification classes. The bill would require that all reimbursements from the fund be promptly paid upon receipt of a qualifying application for reimbursement. Payment is to be made to the agency, organization, or entity that provided training to the volunteer EMT. The bill provides that the head of the ambulance, first aid and rescue squad employing or utilizing the services of an EMT, who received initial EMT training that was reimbursed by the fund, will determine the EMT to be a volunteer in good standing provided that the EMT works at least one service call per month during the initial three-year certification period as a volunteer EMT. Governor Murphy is expected to sign the measure into law.
PFRS CREDIT PURCHASE
On June 28th, both houses unanimously passed and sent to the Governor A-2884/S-2070 (Verrelli D-15/Karabinchak D-18)(Gopal D-11/Polistina R-2), which would permit a member of the Police and Firemen’s Retirement System (PFRS) to purchase credit for service as a class two special law enforcement officer with a public employer in this State, rendered prior to becoming a member.
In general, this legislation would allow the member to purchase credit for all or a portion of the service, including time taken during such public employment to complete a basic police training course required for that employment. The member would be required to pay both the member’s and employer’s share of the cost for the purchase. The process and cost for the purchase would be the same as the current process and cost for purchase of service in federal employment or with the United States military except as otherwise provided. Additionally, purchase of credit for service as a class two special law enforcement officer would be permitted only if the break between service as such an officer and the date of their enrollment in the PFRS is less than 365 days. Members of the retirement system who are enrolled on the effective date of this bill would have only one year from that effective date to apply for such a purchase. Governor Murphy is expected to sign the measure into law.
UPCOMING NJAC EVENTS: Don’t miss NJAC’s virtual workshop “Avoiding Wage & Hour Pitfalls & Compensatory Time in Jersey” set for 10:00 a.m. on Wednesday 7/10 with registration details online at www.njac.org.
The top 10 best places to demolish a nice Italian hot dog this July 4th weekend in memoriam of the devasting news that Joey Chestnut is prohibited from defending his title at this year’s Nathan’s hot dog eating contest after striking a deal, of all things, with the plant-based food company Impossible Foods.
- Jimmy Buff’s in West Orange
- Dickey Dee’s in Newark
- Rutt’s Hut in Clifton
- Destination Dogs in New Brunswick
- Hot Dog Johnny’s in Buttzville
- Toby’s Cup in Phillipsburg – hopefully to reopen soon!
- Texas Wieners in Plainfield
- Russ Ayres in Bordentown
- Max’s Hotdogs now Max’s Bar & Grill in Long Branch
- Galloping Hill Inn in Union
“A perfect summer day is when the sun is shining, the breeze is blowing, the birds are singing, and the lawn mower is broken.” – James Dent