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January 10, 2012

Re:      Governor Conditionally Vetoed (CV) Legislation

Dear Mayor:

Yesterday, Governor Christie conditionally vetoed 15 bills, a number of which impact municipalities.    In some cases, the legislative sponsors accepted the Governor’s recommendations, amended the bills and returned them to the Governor.   In these cases, it is safe to assume that the bills returned to the Governor with his recommendations will be signed into law.

In other cases, the sponsors did not accept the Governor’s recommendations, which mean that these bills will not proceed, will not become law and will likely be reintroduced for consideration in the new Legislative Session, which convened today.   

The following bills were conditionally vetoed by the Governor:

  • S-2989/A-3949, which exempts certain collocations of wireless equipment from site plan approval and was opposed by the League,  proposed to exempt the collocation from any site plan review, even if it proposed increasing the height of the tower by 10% and increased the footprint of the mechanical equipment compound by up to 2,500 sq. feetWe are pleased to report that the Governor’s conditional veto will “…retain the site plan review process when a proposed collocation creates the need for a variance…” The legislative sponsors accepted the Governor’s recommendations, amended the bill and returned it to the Governor his for consideration.   For more on this bill, please see our December 19 Legislative Alert.  Questions can be directed to Mike Cerra at mcerra@njslom.com or (609) 695-3481 x120.
  • S-441/A-3625, which provided that a shared services agreement must include a provision limiting any annual fee increase to no more than two percent of the total amount paid pursuant to the agreement.   The bill also allowed an increase in a shared services agreement to exceed the two percent cap only if the increase had been approved by the voters of each local unit that is a party to the agreement. The Governor’s Conditional Veto would delete these requirements. Instead, the Governor recommends new language that would require the Division of Local Government Services in the Department of Community Affairs to issue guidance on the adoption of shared service agreements, which guidance would recommend appropriate considerations regarding future cost increases. The Governor also recommends the inclusion of an unrelated provision that aims to limit the issuance of bonds to cover the costs of tax appeals. The bill was returned to the Legislature but not acted upon, which means it will not become law and will likely be reintroduced in one form or another in the new legislature.  For more on this bill, please contact Jon Moran at jmoran@njslom.com or (609) -695-3481 x121.
  • S-1406/A-2502, which the League supports, establishes the “New Jersey Property Assessment Clean Energy (NJ PACE) Municipal Financing Program.” The Governor recommendations eliminate the new subsidy mechanism from the Economic Development Authority (EDA) but continues to authorize a municipality, subject to the approval of the Division of Local Government Services, “…to establish a program to finance and purchase renewable energy systems and energy efficiency improvements by property owners, including the authority to impose a clean energy special assessment on participating property owners.”   The legislative sponsors accepted the Governor’s recommendations, amended the bill and returned it to the Governor his for consideration. For more on this bill, please see our December 19 Legislative Alert.    Questions can be directed to Mike Cerra at mcerra@njslom.com or (609) 695-3481 x120.
  • S-2422, which the League supports, modifies the provisions of municipal ordinances required bond or security from landlords.   The Governor’s recommendations provides, “…that it will apply to any premises where are two or more convictions for disorderly conduct or any other criminal offense, within a twenty-four month period.”   Further, the CV recommends, “…that the hearing officer may, but is not required to, consider past complaints against the residents of rental premises, when determining whether to impose a bond requirement.”    The legislative sponsor accepted the Governor’s recommendations, amended the bill and returned it to the Governor for his consideration. For more on this bill, please contact Mike Cerra at mcerra@njslom.com or (609) 695-3481 x120.
  • A-2095/S-818, which proposed to revise requirements for emergency medical services delivery.   Due to the costs of these new requirements the Governor deleted them, in their entirety. Instead, the Governor recommended that any new requirements await six months so that a study be conducted by the Commissioner of the Department of Health and Senior Services. The bill was returned to the Legislature but not acted upon, which means it will not become law and will likely be reintroduced in one form or another in the new legislature.   For more on this bill, please contact Jon Moran at jmoran@njslom.com or (609) -695-3481 x121.
  • A-3992/S-2887, which proposed streamlined review of wind turbines on farmlands.  The League opposed this legislation, so we welcomed the Governor’s recommendation to remove preserved farmland from the bill entirely and to maintain local review and control of applications for non-preserved farmland.  The bill was returned to the Legislature but not acted upon, which means it will not become law and will likely be reintroduced in one form or another in the new legislature.  For more on this bill, please see our November 22 Legislative Alert or contact Mike Cerra at mcerra@njslom.com or 609-695-3481 x120.  

Very truly yours,

 

William G. Dressel, Jr.
Executive Director

 

 

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