BOANJ

Building Officials Association of New Jersey

An organization devoted to protecting the health, welfare, and safety of the public
by promoting professionalism, education, and ethic

Legislative News

A-4128, which the League opposes and would allow for modifications to land use approvals because of changed economics, without the normal review of development applications. Fundamentally this legislation usurps, undermines, and overturns local zoning by effectively rescinding all applicable zoning of the property, and provides no adequate public safeguards.
More on this bill is available at: http://www.njslom.com/letters/2011-0801-land-use.html


A-898/S-1141, which permits the Board of Fire Commissioners to approve the insertion of any special item of revenue in fire district budget when such item made available by any public or private funding source was unknown at the time of budget adoption.  The laws governing Fire Districts has not been substantially revised since 1940.  This bill is the first step to bring the Fire District budget process in line with existing laws for municipalities and counties. Currently, if a fire district receives a grant after their budget adoption they must hold the grant funds until the next budget year. As a result, fire districts have lost opportunities to receive grant funding. The League supports A-898/S-1141.


A-3990/S-317, which seeks to require contracting units to credit contractors with interest earned on certain retained payments that are released to the contractor upon completion of project.  In view of the economic stresses public entities presently face on a daily basis, it is unreasonable to require municipalities to return the interest earned on the retainage fee to the contractor. This would be a needless burden to the taxpayers.  The small amount of interest should continue to accrue to municipalities to offset the costs, such as staffing, accounting and auditing, incurred to manage this program.  Moreover, there is no relationship between the municipality and sub-contractors. The relationship is between the municipality and the general contractor. The municipality pays the general contractor directly, generally after completion of specific phases of the work. The general contractor in turn, is responsible for paying its sub-contractors. It is, therefore, the general contractor who should be expected to bear the gains and losses associated with the sub-contractor. The League opposes A-3990/S-317.


A-3992 would exempt wind turbine projects that meet certain criteria from "…regulatory review other than limited minor site plan approval." This legislation would define any such qualifying projects as a permitted use under local zoning. Further, any such project would be exempt from any public notice or hearing requirement.
 
Projects would need to meet the follow standards for this special exemption:

1. No more than 1 turbine for every 33 contiguous acres of farmland;
2. 750 foot setback requirement from any residence or property line;
3. Must not exceed 55 decibels noise level at the property line; and
4. Meets uniform construction code requirements and all interconnection requirements as set forth by the Board of Public Utilities.

The League supports green energy production, as demonstrated through our efforts in supporting Mayors for a Green Future and Sustainable Jersey. However, as worthy as these goals are, these uses should be subject to appropriate regulation and local review.

The League opposes A-3992 for the following reasons:

• The legislation is an unnecessary intrusion on local zoning discretion;
• This legislation undermines the legislative and regulatory intent of the farmland preservation program. Public dollars were used to permanently preserve farmland, and this bill would open such land to large scale wind energy generation projects;
• Exempting such projects from notice and hearing requirements excludes public notice and participation in the process. Effectively, the review of such a project would be limited to a minor site plan review of the criteria specified in the legislation. There is no reason why such projects should not be open the same notice and public hearing requirements as any other project.

A-4114, which allows all municipalities to sell and lease unneeded public property for "urban" farming and gardening purposes. Currently cities of the first, second, third or fourth classes are permitted to lease a tract of land of less than five (5) acres to a non-profit corporation or association to cultivate and sell fresh fruits and vegetables.  A-4114 simply expands this authority to all municipalities. The League supports A-4114 as another land use tool for municipalities to use when addressing use for vacant land.

A3278 This bill would require the installation of a fire suppression system in new single and two family homes during the home's construction.  This requirement would be instituted by a municipal ordinance.  In order to ensure compliance with an ordinance requiring the installation of a fire suppression system in new single and two family homes, this bill would condition the issuance of a certificate of occupancy upon the installation of the system.  All fire suppression systems required by such ordinances would have to conform to the requirements promulgated by the Commissioner of Community Affairs.     The Commissioner of Community Affairs is responsible for the State Uniform Construction Code, which includes the residential building subcode.  Including provisions incorporating fire suppression systems in one- and two-family homes will provide protection for the State's residents and firefighters
   
S2888 This bill amends P.L.2008, c.90 (C.54:4-3.113a et seq.), which exempts certain renewable energy systems from real property taxation.  This bill would establish a uniform property tax exemption rate for “commercial renewable energy systems,” defined in the bill as a system producing renewable energy onsite for uses other than to provide the electrical, heating, cooling, or general energy needs of an onsite residential, commercial, industrial, or mixed use building.     Under the bill, property that has been certified by a local enforcing agency as a commercial renewable energy system would be exempt from property taxation, and would instead be subject to a uniform tax rate.  The owner of real property on which a certified commercial renewable energy system is located would have an assessed value equal to the assessed valuation of the real property without the commercial renewable energy system included, with the additional tax due for the commercial renewable energy system calculated as follows:  $7,000 for each 1,000 kilowatts of direct current capacity, or its equivalent, for the first year of commercial operation of the system, increasing by one percent in each subsequent year of commercial operation and until decommissioning of the system.     This bill also requires the Commissioner of Community Affairs, in consultation with the Board of Public Utilities, to adopt standards with respect to the technical sufficiency of commercial renewable energy systems for purposes of qualification for the exemption.  

 Sisters &  Brothers:
The State Legislature is After Our Retirement Security Again
They rammed through cuts in June, but they're still not satisfied.  Now they're after supplemental sick leave payments for retiring workers, a modest retirement benefit some civilian public workers receive after a career of service. 
The problem is not career employees-it's politically-connected managers who have no cap on the amount of sick leave they can cash out.  Some get six-figure payouts.
But that's not stopping some of the Trenton crowd-both Democrats and Republicans-from coming after our sick leave benefits. 
Some proposals completely eliminate the value of unused sick leave.  Others want to cut the amount civilian workers can accumulate in half and apply it for post-retiree medical benefits-if you don't need post-retirement medical from your employer, you get nothing.
On top of that, some legislators want to fine or even fire workers who don't get a doctor's note to take more than five sick days.
Call your legislators NOW
888-875-6558
You will be prompted to enter your five-digit zip code to find your legislators.
When you speak to the legislator or staff, tell them:
It's time for legislators to stop attacking the retirement security of rank-and-file public workers.  Sick leave payments for workers like me are a modest retirement benefit after a career of service.  Fix the system so managers and political cronies can't receive six-figure payouts without attacking my retirement security again.  Vote "NO" on Assembly Bill 4345 or any proposal like it.
Inaction now will cost you a lot of $$$. Thanks for your help.
Paul A. Pologruto, Treasurer
CWA Local 1032 

A4345  This bill imposes limits on the payment of supplemental compensation for unused accumulated sick leave to, and the accumulation of vacation leave by, any current or future State, local government, or board of education employee.  Under this bill, unused sick leave payments will not be permitted upon retirement in any amount for any sick leave time accumulated after the bill’s effective date.  Supplemental compensation for any time earned prior to that date is payable as under current law.  For unused sick leave over 60 days earned and accumulated after the effective date, an employer will apply an actuarial value placed on that leave and the employer will appropriate that value, in monthly installments, to offset any cost of post-retirement health care charged to the employee.  The portion the employer pays will not exceed $7,500 in the aggregate.   In addition, the bill imposes limits on the carry-forward of vacation leave that is not used in a given year by any current or future employee of the State, a local government, or board of education.  Also, the payment for unused accumulated sick leave and vacation leave will be suspended if the officer or employee is indicted for certain crimes that involve or touch the office or employment.  The payments will be forfeited if the officer or employee is convicted.  The bill requires the Attorney General to develop guidelines or establish procedures to provide the appropriate governmental agency or public employer with notice of any indictment or conviction of a current or former officer or employee.  The bill prohibits the use of six or more consecutive days of accumulated sick leave in the twelve months prior to retirement, without medical necessity verified in writing by a physician, by a current or future public officer or employee.  The employer may require the officer or employee to submit to an examination by a physician selected by the employer to verify the medical necessity.  There are penalties for violations of this provision.  For the first violation, the employer will treat the time taken as unpaid leave and impose a minimum disciplinary penalty of a fine in an amount equal to one and one-half times the daily rate of compensation for each day of violation.  For the second violation, in addition to treating the time as unpaid leave, the employer will impose a minimum disciplinary penalty of a fine in an amount equal to three times the daily rate of compensation for each day of violation.  For the third violation, in addition to treating the time taken as unpaid leave, the employer will have good cause to terminate the employee.  The minimum penalties set forth for the first and second violations may be increased at the discretion of the employer, based upon the prior record of the employee.  The time converted to unpaid leave will also be deducted from the number of unused accumulated sick leave days credited on the effective date of retirement.Certain provisions of the bill would apply after the expiration of a collective negotiations agreement or individual contract of employment with a relevant provision in effect on the bill’s effective date.Finally, this bill provides that a local government agency cannot employ any person in a full-time or part-time position while that person is on paid leave from a full-time or part-time position with a local government agency of another county or municipality.
The bill will take effect the third month after enactment.