January 8, 2010 - Tracking Legislation and Other Items Important to the NJ Business Community
ECONOMIC DEVELOPMENT
Assembly Housing and Local Government Committee Extending the Requirements of Wastewater Management Planning Agencies – A-4345 (Green/D-22; Scalera/D-36): Committee passed with amendments. Provides for additional time for the implementation of the Water Quality Management Planning (WQMP) rules. The amended bill would extend until April 7, 2011 the period of time allowed for wastewater management planning agencies to prepare and submit a wastewater management plan or a wastewater management update to the state Department of Environmental Planning. In addition, the bill establishes a specific requirement for notice and public hearing whenever a plan proposes to remove property from a sewer service area. The bill also removes a requirement that would have allowed the State Planning Commission to evaluate, study and review the accuracy, validity, feasibility, and practicability of sewer service area mapping, data, models, or any other information provided by the DEP to wastewater management planning agencies. Increasing transparency, certainty and predictability in planning activities by local government and business is critical to ensuring economic growth in our state. Contact: Jim Leonard
Assembly Housing and Local Government Committee A-4345 Vote: Green, Jerry (Chair) – Yes; Jasey, Mila (Vice Chair) – Yes; Cruz-Perez – Not Voting; Scalera, Fredrick – Yes; Carroll, Michael Patrick - Not Voting; Vandervalk, Charlotte - Abstain
Assembly Housing and Local Government Committee Extending the Permit Extension Act of 2008 – A-4347 (Greenwald/D-6; Malon/R-30): Committee passed. Extends state, county and municipal permits issued after Jan. 1, 2007 until Dec. 31, 2012. In these existing economic conditions businesses in some cases are forced to delay scheduled projects that have already been approved, which results in some of these permit approvals expiring before the projects are completed. Given that the permit application process is extremely time consuming and expensive, it makes sense to allow additional time for stalled projects to be completed. Businesses may not have the time and money to start the application process over and may abandon these projects or take them to other states. Contact: Mary Ellen Peppard
Assembly Housing and Local Government Committee A-4347 Vote: Green, Jerry (Chair) – Yes; Jasey, Mila (Vice Chair) – Yes; Cruz-Perez – Not Voting; Scalera, Fredrick – Yes; Carroll, Michael Patrick - Not Voting; Vandervalk, Charlotte - Yes
Senate Community and Urban Affairs Committee Land Use/Time of Application – S-58 (Rice/D-28): Committee passed. This legislation states that development regulations which are in effect on the date of submission of a development application, shall govern the review of this application and any decision made with regard to this application. Current law allows zoning and land use regulations to be changed during the application process, adding instability to the development process. The State Chamber supports this legislation because it makes economic development efforts more predictable. Reforming the process to provide developers with consistent rules could also serve to bolster our business attraction and retention efforts and make New Jersey more competitive with our neighboring states. Contact: Jim Leonard
Senate Community and Urban Affairs Committee S-58 Vote: Rice, Ronald L. (Chair) – Yes; Connors, Christopher J. – Abstain; Haines, Philip E. – Yes; Redd, Dana L. – Not Voting; Van Drew, Jeff – Yes
EDUCATION
Assembly Appropriations Committee Inter-district Public School Choice Program – A-3472 (Jasey/D-27; Voss/D-38): Committee passed. Creates a permanent inter-district public school choice program. A five-year inter-district public school choice pilot program was established in 2000 and expired on June 30, 2005. As under the original choice program, the permanent program would allow students to enroll across district lines in designated schools within a district. The permanent program doesn’t limit the number of districts that can participate in the choice program. Contact: Jim Leonard
Assembly Appropriations Committee A-3472 Vote: Pou, Nellie (Chair) – Yes; Vainieri Huttle, Valerie (Vice Chair) – Yes; Barnes, Peter J., III – Yes; Conaway, Herb, Jr. – Yes; Greenwald, Louis D. – Yes; Ramos, Ruben J., Jr. – Yes; Stender, Linda – Yes; Wisniewski, John S. – Yes; Addiego, Dawn Marie – Yes; DiMaio, John – Yes; Merkt, Richard A. – Yes; Thompson, Samuel D. – Yes
ENERGY
Assembly Appropriations Committee Solar, Wind and Biomass Energy Generation on Farms – A-2859/S-1538 (Chivukula/D-17; Fisher/D-3; Wagner/D-38; McKeon/D-27; Smith/D-17; Bateman/R-16): Committee passed. Allows the owner of a preserved farm to install and operate solar, wind or biomass energy generation facilities for the purpose of generating power or heat. This legislation provides New Jersey farmers with the ability to integrate renewable energy into their agricultural operations and allow excess energy to be sold to the grid under limited terms. Contact: Michael Egenton
Assembly Appropriations Committee A-2859/S-1538 Vote: Pou, Nellie (Chair) – Yes; Vainieri Huttle, Valerie (Vice Chair) – Yes; Barnes, Peter J., III – Yes; Conaway, Herb, Jr. – Yes; Greenwald, Louis D. – Yes; Ramos, Ruben J., Jr. – Yes; Stender, Linda – Yes; Wisniewski, John S. – Yes; Addiego, Dawn Marie – Yes; DiMaio, John – Yes; Merkt, Richard A. – Yes; Thompson, Samuel D. – Yes
Promoting NJ-Based Solar and Wind Energy Businesses – A-3616 (Lampitt/D-6; DeAngelo/D-14; Greenstein/D-14): Assembly passed 58-16. Grants a preference to New Jersey businesses in the awarding of any government contracts for solar panels, wind turbines, or other related solar or wind energy devices in support of “green” businesses and jobs in the state. Additionally, the bill provides support to projects that aim to use a majority of parts manufactured or produced in the state for the assembly of a final product. The State Chamber supports incentives for businesses as a way to encourage and promote alternative sources of energy. Contact: Michael Egenton
ENVIRONMENT
Assembly Environment and Solid Waste Committee Solar and Wind Energy Commission – A-3218 (McKeon/D-27; Rudder/R-8; Lampitt/D-6; Vainieri Huttle/D-37): Committee passed with amendments and Assembly passed 67-9. Creates a Solar and Wind Energy Commission that would research the feasibility, financial implications and the projected energy and financial savings to the state regarding solar and wind energy installation on state property. The amendments add two additional members to the Commission, one of whom is to represent the renewable energy industry and the other to represent an electric public utility. Additionally, the amendments require the final report be issued to the Governor and both houses of the Legislature within one year after its organization. The State Chamber believes that state government should lead by example and properly investigate opportunities to install renewable energy systems. Contact: Michael Egenton
Assembly Environment and Solid Waste Committee A-3218 Vote: McKeon, John F. (Chairman) – Yes; Gusciora, Reed (Vice Chairman) – Yes; Barnes, Peter J., III – Yes; Milam, Matthew W. – Yes; Vainieri Huttle, Valerie – Yes; Rooney, John E. - Abstain
Assembly Environment and Solid Waste Committee Clarifying Public Notification – A-3852 (Scalera/D-36): Committee passed with amendments. This bill modifies the public notification rule regarding the remediation of a site that has been contaminated. The committee amendments would clarify the DEP’s regulatory responsibility with regard to public notification. Specifically it requires the person responsible for conducting a remediation of a contaminated site to provide written notification to any local property owners and tenants who reside within 200 feet of any “area of concern”. Under the law, an “area of concern” is defined as any location where contaminants are or were known or suspected to have been discharged, generated, or manufactured. Contact: Michael Egenton
Assembly Environment and Solid Waste Committee A-3852 Vote: McKeon, John F. (Chairman) – Yes; Gusciora, Reed (Vice Chairman) – Abstain; Barnes, Peter J., III – Yes; Milam, Matthew W. – Yes; Vainieri Huttle, Valerie – Yes; Rooney, John E. - No
GOVERNMENT REFORM
Senate State Government Committee Transparency in Government Act – S-445 (Pennacchio/R-26; Codey/D-27): Committee passed with amendments. Provides by July 1, 2011 for the creation of a single, searchable internet website that retains and displays data and information on the state’s annual revenues, expenditures, and total bonded indebtedness. The bill also creates a Public Finance Transparency Committee (within the Department of the Treasury) to assist in the creation of this website. Contact: Jim Leonard
Senate State Government Committee S-445 Vote: Scutari, Nicholas P. (Chairman) – Yes; Beck, Jennifer – Yes; Codey, Richard J. – Yes; O'Toole, Kevin J. – Yes; Whelan, Jim - Yes Moving Nonpartisan Elections – A-351 (Diegnan/D-18; Barnes/D-18; Pou/D-35; Moriarty/D-4): Assembly passed 49-25, sent to Governor.
Currently regular nonpartisan municipal elections are held on the second Tuesday in May. This bill would allow any municipality that holds regular municipal elections to choose, by ordinance, to hold regular municipal elections in November when other elections are held. Contact: Jim Leonard Assembly State
Government Committee Establishes a State Authorities Review Commission – A-401 (Handlin/R-13; Vandervalk/R-39; DeCroce/R-26): Committee passed and Assembly passed 74-1. Establishes a permanent State Authorities Review Commission to periodically review the operation of State authorities. Contact: Jim Leonard
Assembly State Government Committee A-401 Vote: Quigley, Joan M. (Chair) – Yes; Schaer, Gary S. (Vice Chair) – Yes; Casagrande, Caroline – Yes; Conners, Jack – Yes; Webber, Jay – Yes
Assembly State Government Committee Performance Review Audit of the State Health Benefits Program – A-2479 (O’Scanlon/R-12): Committee passed. Requires the State Auditor to conduct a performance review audit of the State Health Benefits Program (SHBP), administered by the State Health Benefits Commission, at least every three years and to annually conduct a limited audit for the purpose of ensuring that only persons who, by law, are eligible for coverage are receiving benefits. The purpose of these audits is to ensure the integrity of SHBP and to help eliminate unnecessary State expenditures. Contact: Jim Leonard
Assembly State Government Committee A-2479 Vote: Quigley, Joan M. (Chair) – Yes; Schaer, Gary S. (Vice Chair) – No; Casagrande, Caroline – Yes; Conners, Jack – Yes; Webber, Jay – Yes
HEALTH
Assembly Financial Institutions and Insurance Committee Mandating Managed Care Plans Pay Certain Health Care Claims – S-114 (Weinberg/D-37; Vainieri Huttle/D-37; Handlin/R-13; Munoz/R-21): Committee passed with amendments and Assembly passed 63-6. Provides that a carrier which issues a managed care plan with an out-of-network benefit shall remit payment for the reimbursement directly to the health care provider in the form of a check payable to the health care provider, or in the alternative, to the health care provider and the covered person, as joint payees, with a signature line for each of the payees. This bill will undermine the ability of carriers to offer direct payment to providers as an incentive to agree to network reimbursement rates. Many employees rely strictly on “in network” health care providers in order to keep their out-of-pocket costs at a minimum. Removing one of the incentives for providers to join a network will do nothing to lower costs and could lead to less participation by providers in networks. Contact: Jim Leonard
Assembly Financial Institutions and Insurance Committee A-132 Vote: Schaer, Gary S. (Chairman) – Yes; Spencer, L. Grace (Vice Chairman) – Yes; Chiusano, Gary R. – Yes; Conners, Jack – Yes; Coyle, Denise M. – Yes; McKeon, John F. – Yes; Wisniewski, John S. - Yes
Assembly Appropriations Committee Incentives For Nursing Faculty – A-2549 (Lampitt/D-6; Giblin/D-34; Vainieri Huttle/D-37): Committee passed and Assembly passed 63-9. This measure proposes a loan forgiveness program that will allow recent graduates of approved masters or doctoral programs who have been hired to be faculty in accredited nursing schools in New Jersey to have a portion of their loans forgiven. The exact amount of the loan forgiveness program will be determined within the regulations. This program will serve as a marketing tool for NJ’s schools of nursing to recruit potential faculty hires to pursue a career as a nurse faculty member at their institution. Contact: Jim Leonard
Assembly Appropriations Committee A-2549 Vote: Pou, Nellie (Chair) – Yes; Vainieri Huttle, Valerie (Vice Chair) – Yes; Barnes, Peter J., III – Yes; Conaway, Herb, Jr. – Yes; Greenwald, Louis D. – Yes; Ramos, Ruben J., Jr. – Yes; Stender, Linda – Yes; Wisniewski, John S. – Yes; Addiego, Dawn Marie – Abstain; DiMaio, John – No; Merkt, Richard A. – No; Thompson, Samuel D. – Yes
LABOR
Assembly Labor Committee Mandating a Registered Apprenticeship Program – A-4305 (DeAngelo/D-14): Committee passed. Requires any contractor or subcontractor bidding on any public work to participate in a registered apprenticeship program for each separate trade involved on the job, mandating the use of a union-only workforce. The State Chamber believes apprenticeship requirements do not protect the interests of taxpayers – it will limit competition by discouraging or even prohibiting a great deal of contractors from bidding on public projects. This bill will drive up costs by subjecting contractors to union hiring and work rules. Contact: Jim Leonard
Assembly Labor Committee A-4305 Vote: Egan, Joseph V. (Chairman) – Yes; Evans, Elease (Vice Chair) – Yes; Dancer, Ronald S. – Abstain; DeAngelo, Wayne P. – Yes; Oliver, Sheila Y. – Yes; Peterson, Erik – No; Quijano, Annette – Yes; Scalera, Frederick – Yes; Webber, Jay – No
Senate Budget and Appropriations Committee Mandating Prevailing Wage for Certain Non-Rental Multi-Family Housing Projects – S-3096 (Sweeney/D-3): Committee passed. Extends prevailing wage requirements for construction and rehabilitation work performed under the New Jersey Housing and Mortgage Finance Agency (HMFA) loans to non-rental multi-family housing projects. The State Chamber opposes mandates that expand prevailing wage requirements because of the increased financial burden such mandates have on the employer community and taxpayers. These artificially inflated wages increase labor costs without a corresponding increase in productivity. Contact: Jim Leonard
Senate Budget and Appropriations Committee S-3096 Vote: Buono, Barbara (Chairwoman) – Yes; Sarlo, Paul A. (Vice Chairman) – Yes; Bucco, Anthony R. - No; Cunningham, Sandra B. – Yes; Doherty, Michael J. – No; Haines, Philip E. – Yes; Lesniak, Raymond J. – Yes; O'Toole, Kevin J. – No; Oroho, Steven V. – No; Pennacchio, Joseph – No; Ruiz, M. Teresa – Yes; Stack, Brian P. – Yes; Sweeney, Stephen M. – Yes; Turner, Shirley K. – Not Voting; Vitale, Joseph F. - Yes
Thumbs up and down indicates the chamber’s support or opposition to issues. Call the State Chamber Government Relations department at (609) 989-7888 with questions, comments or to receive extra copies. For an electronic version visit our web site at www.njchamber.com.
