April 22, 2022

I. State Issues
II. Federal Issues
III. Also of Interest

Municipal Clerks: Please forward to your Mayor, Governing Body and Department Heads.

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I. State Issues

a. Cannabis Use by Off-Duty Law Enforcement

Acting Attorney General Matt Platkin sent a memo to law enforcement chief executives regarding compliance with P.L. 2021, c. 16, the Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act. In the memo Acting Attorney General Platkin highlighted that New Jersey’s cannabis law prohibits law enforcement agencies from taking adverse actions against any officers because they do or do not use cannabis off-duty. He further clarified that this, however, “in no way insulates employees from adverse consequences from their employers for the possession or consumption of unregulated marijuana.”

If there is reasonable suspicion of cannabis use during the performance of their duties or signs of intoxication related to cannabis use following a work-related accident, the officer may be required to undergo a drug test. The law requires that the drug test must include scientifically reliable objective testing methods and procedures, such as testing of blood, urine, or saliva, and a physical evaluation in order to determine the officer’s state of impairment. (N.J.S.A. 24:6I-52(a)(1) –(a)(2)(b)).

In addition, the law permits the random drug test as part of pre-employment screening or regular screening of employees “to determine use during an employee’s prescribed work hours[,]”. The results of a drug test may be used to determine the appropriate employment action concerning the officer, including, but not limited to dismissal, suspension, demotion, or other disciplinary action. A revised Law Enforcement Drug Testing Policy reflects the new law.

In light of this memo Senator Sarlo and Assemblyman Greenwald have announced that they will introduce legislation to amend the law so police are not permitted to use cannabis off-duty. Assembly Speaker Coughlin noted legislation would be introduced in the Assembly regarding the use of cannabis for off-duty law enforcement. Governor Murphy indicated he is “open to such a change” but Senate President Scutari has expressed his opposition to barring off-duty law enforcement officers from using recreational cannabis.

Contact: Lori Buckelew, Deputy Executive Director & Director of Government Affairs, lbuckelew@njlm.org, 609-695-3481, x112.

b. FY 2023 Budget Hearings Continue

Budget hearings continued this week with the Senate Budget and Appropriations meeting on Thursday, April 21. A number of individuals testified including some who reaffirmed the League's requests to restore funding to Open Space In Lieu of Taxes. Governor Murphy’s proposed budget reduced funding for the PILOT program, and we continue to ask that it be restored to its FY 2022 Budget appropriation of $10 million.

Next week the Assembly Budget Committee will host several different departmental hearings. For the full legislative calendar, please visit New Jersey’s legislative website.

Contact: Andrew LaFevre, Legislative Analyst, alafevre@njlm.org, 609-695-3481, x116.

c. DEP Announces Two New Grant Opportunities

As earth week kicked off, the New Jersey Department of Environmental Protection launched a $10 million public lakes grant program to help improve water quality, and a $15 million investment though Blue and Green Carbon Grants to help enhance New Jersey’s natural infrastructure. These grants allow for an investment into real change in our communities. The League recommends reviewing each grant’s to see what ways they can help benefit your municipality.

The NJDEP will hold a public information session from 10 a.m. to 11 a.m. on May 19. To learn more about the Natural Climate Solutions Grant Program and to register for the information session, please visit DEPs website.

Contact: Andrew LaFevre, Legislative Analyst, alafevre@njlm.org, 609-695-3481, x116.

d. Reminder: 2022 Financial Disclosure Statements Due April 30

As a reminder, 2022 Financial Disclosure Statements must be filed with the Division of Local Government Service on or before April 30. In its guidance, Local Finance Notice 2022-06, the Division noted that the Local Finance Board anticipates that at its June 8 meeting, it will find any person who has not filed the 2022 Financial Disclosure Statement to be in violation of the filing requirement.

For assistance with the filing of the annual Financial Disclosure Statement, please visit the Local Finance Board resource page

Contact: Lori Buckelew, Deputy Executive Director & Director of Government Affairs, lbuckelew@njlm.org, 609-695-3481, x112.

II. Federal Issues

a. SCOTUS Issues Decision of Municipal Interest

The Supreme Court of the United States (SCOTUS) has released its decision in City of Austin, Texas v. Reagan National Advertising of Austin, LLC, Et al. This case examined the City of Austin’s sign ordinance, which regulates “off-premises” signs (those that advertise a business located elsewhere) more strictly than “on-premises” signs.

In a 6-3 decision, SCOTUS ruled in favor of the city, finding the distinction between off-premises and on-premises signs to be facially content-neutral, making the ordinances likely to stand up to judicial scrutiny.

For more information on this ruling, please see the League’s recent blog post.

Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.

b. Rural Bipartisan Infrastructure Law Guidebook

The White House released a new resource to help identify and apply for funding from the Bipartisan Infrastructure Law (BIL), the Bipartisan Infrastructure Law Rural Playbook. The League has created a spreadsheet to help communities navigate available funding opportunities.

For more information, please read the League’s recent blog post.

Contact: Paul Penna, Senior Legislative Analyst, ppenna@njlm.org, 609-695-3481, x110.

c. Reminder: ARPA Project and Expenditure Reports Due April 30

As a reminder, municipalities must complete their American Rescue Plan (ARPA) State and Local Fiscal Recovery Funds (SLFRF) Project and Expenditure reports by April 30. This initial report covers the period of March 3, 2021 to March 31, 2022. The US Department of Treasury has created a Project and Expenditure Report User Guide for State and Local Fiscal Recovery Funds with information on using the Treasury’s portal to submit the required SLFRF Project and Expenditure reports for the April 30, 2022 submission deadline.

Treasury recently posted two instructional videos to guide municipalities that are having trouble filing.

U.S. Treasury Webinar: State and Local Fiscal Recovery Funds - Project and Expenditure Reports

U.S. Treasury Webinar: State & Local Fiscal Recovery Funds - Project and Expenditure Report Pt. I

U.S. Treasury is hosting a live demonstration of a Project & Expenditure Report submission on Monday, April 25 at 2:00 p.m. Please register in advance.

The demonstration will include an example of a revenue loss submission. This event is geared toward units of government with smaller allocations with an emphasis on those electing the standard allowance. That includes Non-entitlement Units (NEUs) and some counties.

Any questions about the portal should be directed to SLFRP@treasury.gov. For login-related questions, such as determining roles, email COVIDReliefITSupport@treasury.gov or call 844-529-9527 for further assistance.

Contact: Paul Penna, Senior Legislative Analyst, ppenna@njlm.org, 609-695-3481, x110.

III. Also of Interest

a. Lunch and Learn Cybersecurity Briefing with New Jersey’s Cybersecurity & Communications Integration Cell

On Wednesday, April 27 at noon, the League is hosting a free Lunch and Learn briefing with Krista Valenzuela, Senior Cyber Threat Intelligence Analyst, New Jersey Cybersecurity & Communications Integration Cell, to discuss cybersecurity best practices and what municipalities should do to prevent a cyber incident.

New Jersey Cybersecurity & Communications Integration Cell, part of New Jersey’s Office of Homeland Security and Preparedness, is a one-stop shop for cybersecurity information sharing, provides a wide array of cybersecurity services, including the development and distribution of cyber alerts and advisories, cyber tips and best practices for effectively managing cyber risk. Other services include threat briefings, risk assessments, incident response support, and training.

Please register in advance to participate. Once registered, a link to the briefing will be sent to you the morning of April 27.

Contact: Paul Penna, Senior Legislative Analyst, ppenna@njlm.org, 609-695-3481, x110.

b. Lunch and Learn Briefing with US DOT

On Tuesday, May 3 at noon, the League is hosting a free Lunch and Learn briefing with Charles Small, Deputy Assistant Secretary, Intergovernmental Affairs Office of the Secretary, U.S. Department of Transportation, to discuss municipal funding in the Bipartisan Infrastructure Law (BIL) and the new federal Commercial Drivers’ License rules.

Please register in advance to participate. Once registered, a link to the briefing will be sent to you the morning of May 3.

Contact: Paul Penna, Senior Legislative Analyst, ppenna@njlm.org, 609-695-3481, x110.