May 7, 2009 - Tracking Legislation Important to the New Jersey Business Community

Governor Signs LSRP Bill and Issues Executive Order – A-2962 (McKeon/D-27; Cryan/D-20; Barnes/D-18; Coutinho/D-29; Pou/D-35; Smith/D-17): Governor signed May 7 and issued a separate Executive Order which is under review by the Chamber's legal counsel. We will let you know how Executive Order 140 impacts the legislation once the legal review is finalized. Establishes a Licensed Site Remediation Professional (LSRP) program for site remediation within the state Department of Environmental Protection (DEP). This legislation borrows aspects of a Massachusetts program to allow certified professionals to proceed through the investigation and remediation of selected sites with DEP oversight where most appropriate. The State Chamber, working collaboratively with other stakeholders, was successful in advocating changes that would provide better liability protections for LSRPs and more flexibility in the site remediation process. Contact: Michael Egenton

ECONOMIC DEVELOPMENT

Assembly Commerce and Economic Development Committee
Expanding the Urban Transit Hub Credit – S-2379 (Cunningham/D-31; Ruiz/D-29): Committee passed. Expands the eligibility and clarifies certain provisions of the Urban Transit Hub Tax Credit Program, which provides tax credits of up to 100 percent of qualified capital investments made in an urban transit hub. The bill, as amended, lowers the capital investment threshold from $75 million to $50 million, revises forfeiture requirements, permits owners to meet employment requirements by aggregating employments of tenants, allows unused credits to be sold, clarifies that S-corporations and LLCs are eligible for the credit, and caps the value of all credits at $1.5 billion. Additional changes expand the credit to Secaucus, Harrison, South Amboy, Woodbridge and Bayonne. Contact: Mary Ellen Peppard

Senate Community and Urban Affairs Committee
Expanding the Neighborhood Revitalization State Tax Credit Act – A-2623 (McKeon/D-27; Jasey/D-27; Evans/D-35): Committee passed. Revises the Neighborhood Revitalization State Tax Credit Act by extending program eligibility to areas that are adjacent and participating in the Neighborhood Revitalization Tax Credit Program. The Neighborhood Revitalization Tax Credit Program is designed to foster the revitalization of areas of New Jersey’s distressed cities. The adjacent area must share similar socioeconomic characteristics with the eligible neighborhood, as determined by the Commissioner of Community Affairs. Contact: Mary Ellen Peppard

ENVIRONMENT

Senate Environment Committee
Mandated Public Access – S-1921 (Ciesla/R-10; Van Drew/D-1): Committee held. Mandates public access to tidal waterfront areas and requires certain facilities to pay for off-site public access. The bill in its original form, which the State Chamber supported, would have prohibited the NJ Department of Environmental Protection from requiring public access to areas adjacent to critical infrastructure such as energy facilities, ports, chemical plants, refineries, and military installations. The amended bill however now provides statutory authority to DEP to force companies to pay for off-site public access. The sponsors have agreed to work with a coalition of stakeholders to further amend the legislation.   Contact: Michael Egenton

GOVERNMENT REFORM 

Senate Community and Urban Affairs Committee
Tax Assessment Shared Services – S-2356 (Sweeney/D-3): Committee passed. Establishes a pilot program in Gloucester County to transfer the municipal property tax assessment function to a county tax assessor. Gloucester County is an appropriate county for this pilot program because its area and population density generally falls within the middle of the 21 counties. The bill would require the Local Unit Alignment, Reorganization, and Consolidation Commission to study this pilot program and to issue a report no later than Feb. 1 of the sixth year of the pilot program. Reviewing government service delivery and supporting shared service efforts are primary goals of the Platform for Progress Government Reform Coalition. Contact: Jim Leonard

HEALTH

Assembly Health and Senior Services Committee
Hospital Medical Errors – S-2471 (Vitale/D-19; Sweeney/D-3; Weinberg/D-37) and A-3633 (Conaway/D-7; Vas/D-19): Committee passed. Directs the Department of Health and Senior Services (DHSS) to include hospital-specific data in the NJ Hospital Performance Report. In addition, since the conditions identified in the 14 patient safety indicators are generally preventable, the bill seeks to prohibit hospitals and physicians from charging for certain medical errors. The State Chamber is seeking amendments that would change the bill so hospitals are not punished for errors that happen beyond their control. Contact: Jim Leonard


TELECOMMUNICATIONS

Assembly Telecommunications and Utilities Committee
Expanded Government Access Channels – A-3717 (Chivukula/D-17): Committee passed. Amends the Cable Television Act to expand the commitments required from cable television companies that submit applications for a system-wide franchise. The bill requires CATV companies that apply for a system-wide franchise to commit to delivering expanded public, educational and governmental (PEG) access channel service, greater video production facilities and video equipment than what is currently called for in the lay, and to pay $50,000 to each municipality. The chamber is concerned about the impact this bill would have on economic development and job creation activity currently under way by those who have system-wide franchise agreements in place. Contact: Contact: Jim Leonard

Trenton Watch is a publication of the New Jersey Chamber of Commerce. Thumbs up and down indicates the chamber’s support or opposition to issues. Questions? Call the State Chamber Government Relations Department at (609) 989-7888. Comments are always welcome.