General – Page 3 – Project Development/Infrastructure/P3

November 4, 2020 by Brad A. Molotsky

NJ Announces Styrofoam Container, Paper and Single-Use Plastic Bag Ban

Earlier today, November 4, 2020, Gov. Phil Murphy signed a bill that bans Styrofoam containers, and paper and single-use plastic bags over the upcoming years.

Starting in May 2022, businesses such as restaurants, convenience stores, food trucks, movie theaters and grocery stores occupying at least 2,500 square feet are prohibited from giving out polystyrene containers and plastic and paper bags.

And beginning in November 2021, straws can only be given to customers who request them.

Exemptions apply to bags used for wrapping raw meat; Styrofoam butcher trays; bags used for loose produce; those that hold fish and insects from pet stores; and bags for prescription drugs, newspapers and dry-cleaning.

Per the NJBIA, the bill also aims to encourage carryout reusable bags, be it those made of polypropylene, PET nonwoven fabric, nylon, cloth, hemp products, or other machine-washable fabric.

The New Jersey Department of Environmental Protection can grant a one-year waiver to the Styrofoam ban if a business has no “feasible and commercially available alternative,” or if it makes less than $500,000 in yearly gross income.

The measure also allocates $500,000 to the NJDEP for a program to provide free, reusable bags throughout the state. And, to see the state create a Plastics Advisory Council within the NJDEP to gauge the effectiveness of the new restrictions.

Duane Morris has a robust group of transactional and environmental lawyers available to help organizations plan, respond to and address this fast-moving situation. If you have any questions about this post or if we can be of assistance, please contact Brad A. Molotsky, Lori Mills, Seth Cooley, Phil Cha, Lindsay Ann Brown or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe.

November 2, 2020November 2, 2020 by Brad A. Molotsky

COVID-19: NJ revises COVID Guidance for Public Gatherings – Self Service Food, Indoor Malls, Athletic Events and Private Tutoring Facilities

On October 31, 2020, Gov. Phil Murphy and the head of the New Jersey State Police modified certain restrictions on businesses and public gatherings in New Jersey. The modifications are set forth in Administrative Order 2020-22 (the “AO”).

Key topics include the prohibition of self service food such as buffets and salad bars ; the allowance of indoor shopping mall vending machine and stroller rentals but prohibiting valet and play areas; the loosing of how we count maximum gatherings for athletic competition; and the allowance of private tutoring facilities to reopen for students and clients.

1. Self-service Food: Self service food such as buffets and salad bars are prohibited at retail businesses, like grocery stores, under the AO. Note that self-service drinks are still permitted, but only if they are routinely and effectively cleaned and sanitized.

2. Indoor Shopping Malls:

Vending machines and stroller rentals are now permitted to be operated at malls as long as they are sanitized, but playgrounds and valet parking must remain closed.
Valet Parking and communal play areas are NOT permitted at indoor malls

3. Athletic events (including those for professional sports and collegiate athletic competitions) are still subject to Executive Orders 161 and 183 but, the AO confirms that athletes, coaches, referees, trainers and other individuals necessary to the performance of a competitive sporting event are NOT included in the number of individuals for gathering limits purposes.

For indoor athletic competitions, the amount of people permitted in such venues is capped at 150 people or 25% of the room’s capacity, whichever is lower.

Masks are required to be worn by spectators and non-athletes at both indoor and outdoor venues (except if under 2 years of age, where it is impracticable for an individual to wear a masks (such as when eating or drinking) or when doing so would violate Federal or State law.

4. Private Tutoring Facilities: Private tutoring facilities may reopen for students and other clients.

For a copy of the Administrative Order No. 2020-22 – please see https://d31hzlhk6di2h5.cloudfront.net/20201031/63/af/39/ad/30c4bf2e846cbe2de8b48b61/AO_2020-22.pdf

Duane Morris has created a COVID-19 Strategy Team to help organizations plan, respond to and address this fast-moving situation. Contact your Duane Morris attorney for more information. Prior Alerts on the topic are available on the team’s webpage.

If you have any questions about this post, please contact Brad A. Molotsky, Elizabeth Mincer, Paul Josephson, Matthew LoBello or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe.

October 28, 2020October 28, 2020 by Brad A. Molotsky

COVID-19: NJ announces COVID centric private employer work safety rules effective November 6, 2020

Pursuant to a new executive order, the Murphy administration is setting up statewide COVID-19 safety standards for private sector employers, and a means to enforce those rules.

Under the order Gov. Phil Murphy signed earlier today, 10-28-2020, which goes into effect at 6:00 a.m. on Nov. 6th, the state has set up will set up a compliance regime with a collection of mandatory COVID-19 reopening protocols, and the means to go after non-compliant employers.

Per NJBIZ, at a minimum, workers have to undergo health screenings at the start of every shift, while everyone present at the workplace has to remain socially distanced. Employees must be made aware if they’ve been exposed to COVID-19 at the workplace.

Employees have to wear a mask, provided at the expense of the business owner, who would also supply sanitizing materials to customers and workers at their own expense. High-touch areas must be routinely cleaned and disinfected, while employees must be provided hand-washing breaks throughout the day.

The Murphy administration included similar rules for large-scale business re-openings, like sanitization, face mask usage, 6-foot physical distancing, staggered shifts to avoid overcrowding, protocols for quarantining COVID-positive workers, and how to screen potentially infected employees.

But without a state-level system of private sector enforcement, it has been reported that many workers continued to feel at risk.

To date, federal Occupational Safety and Health Administration (OSHA) has only put out voluntary guidance for individual states, rather than strict mandates.

Under the Executive Order, the New Jersey Department of Health and the New Jersey Department of Labor and Workforce Development will be required to create a system to investigate a lack of compliance and pursue enforcement actions.

The rules are expected to include a system where employees can submit complaints.

State health and labor officials will be authorized to perform workplace inspections, issue subpoenas and interview both workers and their employers.

The two departments would jointly create a system to aid business owners in complying with the rules. Moreover, the labor department would create worksite notices and materials for both workers and business owners.

Duane Morris has created a COVID-19 Strategy Team to help organizations plan, respond to and address this fast-moving situation. Contact your Duane Morris attorney for more information. Prior Alerts on the topic are available on the team’s webpage.

If you have any questions about this post, please contact Brad A. Molotsky, Caroline Austin, Danielle Dyer, Elizabeth Mincer, Kathy O’Malley, Matthew LoBello or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe.

October 18, 2020 by Brad A. Molotsky

COVID-19: NJ updates its Moratorium on Residential Utilities and their ability to pursue Non-Payment

Last week, NJ updated its guidance on COVID-19 related charges for most utilities in Executive Order 190.

Water, Gas, and Electricity:

No household may have its electricity, gas service, or water service shut off for nonpayment. This moratorium on utility shutoffs is extended to at least March 15, 2021 and applies to all residential gas, electric and water utilities, both public and private.

If there is any customer whose service has been disconnected since March 16, 2020, their service must be reconnected.

In addition, utilities will not be charging late fees nor fees to reconnect services that have been disconnected.

Although utility service shutoffs are still suspended, customers are still encouraged to set up payment plans with their utilities so they can begin paying their bills, if they are able, over a period of time.

According to NJ State published information on line, if you are struggling to pay your utility bills, contact your utility company about assistance programs and payment plans, or visit BPU’s “Assistance Programs” page for information about programs that can help.

Note: For any questions about your service, first contact your utility company. A list of public gas and electricity utility company phone numbers is available here.

If you are unable to resolve an issue with your utility company, you should contact BPU’s Customer Assistance team by filling out this online form, or by calling (800) 624-0241 and leaving a voicemail.

Phone and Internet:

No cable or telecommunications provider that provides residential internet and voice services to New Jersey residents shall terminate these services due to nonpayment before November 15.

After November 15, cable and telecommunications providers are required to enroll customers with an already existing account in an interest free payment plan of at least 12 equal monthly installments, including the balance already due, prior to disconnecting the customers service.

For households with school-age children who need Internet connectivity for remote-learning, Internet shutoffs will not be permitted through March 15, 2021. If a household experiences a change of circumstances where school age children will be using their home Internet service for school, the cable and telecommunications company will be required to reconnect that Internet service.

Source: Executive Order No. 190

Duane Morris has created a COVID-19 Strategy Team to help organizations plan, respond to and address this fast-moving situation. Contact your Duane Morris attorney for more information. Prior Alerts on the topic are available on the team’s webpage.

If you have any questions about this post, please contact Brad A. Molotsky, Elizabeth Mincer, Paul Josephson, Matthew LoBello or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe.

October 18, 2020 by Brad A. Molotsky

COVID-19: NJ announces updated COVID era Sports rules and regulations

As of last week, NJ organized sports activities can resume.

As of October 12, no-contact practices, contact practices, and competitions for sports defined as “Low Risk”, “Medium Risk”, and “High Risk” are permitted in both outdoor and indoor settings. Low-risk, non-contact sports include golf and tennis. Medium- and high-risk sports include baseball, softball, soccer, basketball, football hockey, judo, boxing, karate, wrestling, rugby, and group dance.

All indoor practices and competitions are limited to 25% of the room capacity or 25 people, whichever is fewer. However, if the number of individuals who are necessary for practice or competition, such as players, coaches, and referees, exceeds 25, the practice or competition may proceed if no unnecessary individuals such as spectators are present.

Even if this exception applies, the number of individuals at the practice or competition cannot exceed 25% of the capacity of the room, and such limit cannot exceed 150 persons.

Outdoor competitions or tournaments must abide by the limit on outdoor gatherings, which is currently limited to 500 people.

Facilities and participants must also abide by a number of health and safety protocols outlined in the Department of Health’s “Guidance for Sports Activities,” such as screenings for athletes, coaches, and staff; limitations on equipment sharing; and requirements for disinfecting and sanitizing surfaces and equipment.

Staff, parents, guardians, and visitors are required to wear face coverings at practices and games. Athletes are encouraged to wear masks during downtime, but not during physical activity.

The Department of Health’s guidance also includes further details on which sports are defined in which category, how to create a sports program preparation plan, how to prepare a facility for sports practices, how to conduct sports practices, and how to prepare for games and tournaments.

Fall School Sports Season

Sports under the jurisdiction of the New Jersey State Interscholastic Athletic Association (NJSIAA) or the National Collegiate Athletic Association (NCAA) must also abide by those associations’ rules.

The final determination on the fall high school sports seasons will be made by the NJSIAA, and school districts will make the ultimate decision on whether teams will resume competition.

Under the NJSIAA’s current plan, competition may start September 28 for girls tennis and on October 1 for all other sports except football, which will kick off its season on October 2.

Regular seasons will conclude on October 23 for girl’s tennis, November 7 for football, and November 12 for all other fall sports. Limited postseason play will run from October 24 through October 31 for girls tennis, and November 13 through November 22 for all other sports.

Schools that do not participate in the postseason may continue to play until November 22, with the exception being Thanksgiving football games. These are permissible after November 22, at each school’s discretion. No other fall sports competition will be allowed after November 22.

For additional information and updates, refer to theNJSIAA’s COVID-19 alert page.

NOTE: A student-athlete’s ability to participate with their team will not be altered in any way – regardless of whether they participate in remote-learning or in-person instruction.

A new law waives the requirement to complete an annual pre-participation physical examination for any student-athlete enrolled in grade six to 12 who either completed a physical examination during the 2019-2020 school year or completed a physical examination that allowed the student to participate on a school-sponsored interscholastic or intramural athletic team or squad during the 2019-2020 school year.

A student-athlete who has not completed a physical examination within 365 days prior to the first day of official practice in the athletic season is permitted to participate on a school-sponsored athletic team provided they complete the physical examination before the end of the athletic season.

Professional Sports

Professional sports teams which train or play in New Jersey can practice and engage in games or matches, if their leagues resume competition.

The State has been in constant discussions with these teams about the protocols they will have in place to protect the health and safety of the players, coaches, and team personnel – including facilities where proper sanitation and hygiene practices can be readily maintained.

Source: Executive Order No. 148; Executive Order No. 149, Guidance for Sports Activities; Executive Order No. 161; Executive Order No. 163; https://nj.gov/governor/news/news/562020/approved/20200812b.shtml; Executive Order No. 187

October 13, 2020 by Brad A. Molotsky

COVID-19: NJ announces $112M of grant funds for small businesses, restaurants and families under the CARES Act

Earlier today, October 13, 2020, Gov. Phil Murphy announced plans to distribute $112 Million of the state’s CARES Act money via grants to small businesses and struggling families.

$70 million will be distributed by the state’s Economic Development Authority Small Business Emergency Assistance Grant Program:

$35 million to the food service industry (places defined as “food services and drinking places”);

$15 million to microbusinesses (those with five employees or fewer);

$20 million to replenish the EDA’s existing Small Business Emergency Grant program;

Other grants include:

$10 million to add to the EDA’s PPE program, which helps small business owners purchase PPE;

$15 million to support renters in the Department of Community Affairs Rental Assistance Program;

$5 million to food banks and other hunger relief efforts to help families battling food insecurity;

$12 million for the Department of Human Services’ new Housing Assistance Program, which provide rental or mortgage assistance payments on behalf of eligible households that have suffered a financial hardship.

The source of funds is the $2.4 Billion the state received in money from the CARES Act.

By way of background, the Small Business Emergency Assistance Grant Program provides grants to small businesses impacted by the pandemic. To date, over 19,000 small businesses have benefited from the program. Phase 3 of the Grant Program expands eligibility to any business with 50 or fewer full-time equivalent employees and increases the amount of funding businesses can receive.

Duane Morris has created a COVID-19 Strategy Team to help organizations plan, respond to and address this fast-moving situation. Contact your Duane Morris attorney for more information. Prior Alerts on the topic are available on the team’s webpage.

If you have any questions about this post, please contact Brad A. Molotsky, Elizabeth Mincer, Matthew LoBello or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe.

September 29, 2020 by Brad A. Molotsky

COVID-19: NJ HMFA provides Small Landlord Emergency Grant availability for COVID-19 Impact – Round 2 Funding

Earlier this morning on 9-29-20, the New Jersey Housing Mortgage and Finance Agency (NJHMFA) announced the expansion and reopening of its Small Landlord Emergency Grant (SLEG) Program to assist vulnerable renters across NJ by covering their missed rent from April through July 2020.

The program will reopen today, Monday, September 28th, at noon and will run until Tuesday, October 13th at 4:00 p.m.

NJHMFA developed the SLEG Program to reimburse small landlords for missed or reduced rent payments between April 2020 and July 2020 due to COVID-19. Landlords approved for a grant must forgive any back rent or late fees incurred by their tenants.

“Since April, New Jersey landlords have filed 30,000 eviction cases in Landlord-Tenant court. Although Governor Murphy has enacted an eviction moratorium to protect residents from being locked out of their homes for nonpayment of rent, this alarming number demonstrates that many New Jerseyans are struggling to pay rent,” said Charles A. Richman, Executive Director of New Jersey Housing and Mortgage Finance Agency. “Our goal with the SLEG Program is to mitigate hardship for as many landlords and tenants as possible in the current economic crisis. To this end, we have made some small but significant adjustments to the program to increase both eligibility and accessibility. Not only will we reach more renters in need, but we have also removed some of the barriers for landlords to apply.”

To be eligible for the 2nd round of the SLEG Program:

1. Applicants must own a residential property in New Jersey with 3 to 30 rental units;

2. Applicants must be registered with the New Jersey Department of Community Affairs’ (DCA) Bureau of Housing Inspection;

3. The property must not be a seasonal or vacation rental property;

4. The property must have at least one non-vacant rental unit impacted by COVID-19 between April and July 2020;

5. The property must have low-to-moderate income rent levels.

$15 million in CARES Act funding has been allocated to fund the first and second rounds of the SLEG Program.

All completed eligible applications will be randomly sorted by computer to give each applicant an equal chance of being funded. Grant funding will be allocated on a case-by-case basis, based on the number of COVID-impacted units and the amount of missed rent. A list of all successful landlord applicants will be posted to the NJHMFA website, and letters will be sent to all tenants of awarded landlords.

There are a range of tools available on NJHMFA’s website to assist property owners in preparing their applications. These include an application checklist, an annotated application with sample answers, and a Frequently Asked Questions list.

September 18, 2020September 18, 2020 by Brad A. Molotsky

NJ enacts broad sweeping Environmental Justice Bill – S232 – ESG Focused

On September 18, Governor Murphy signed into law S232 / A2212 (Singleton / Weinberg / Ruiz / McKeon / Vainieri Huttle / Timberlake), which requires the New Jersey Department of Environmental Protection (NJDEP) to consider the cumulative impacts of locating new power plants or major manufacturing facilities in certain lower-income areas.

Per the press release announcing the Bill signing, S2322 is intended to tackle the complex issue of assuring a healthy environment in certain urban communities.

The Bill requires the NJDEP to evaluate the environmental and public health impacts of certain facilities on overburdened communities when reviewing certain permit applications. New Jersey is the first state in the nation to require mandatory permit denials if an environmental justice analysis determines a new facility will have a disproportionately negative impact on overburdened communities.

The bill defines an overburdened community as any community where 35% of the households qualify as low-income according to the U.S. Census, 40% of households are minority, or 40%of households have limited English proficiency. There are approximately 310 municipalities with populations totaling approximately 4,489,000 that have overburdened communities within their municipalities.

The Bill requires the DEP to evaluate the environmental and public health impacts of the following facilities on overburdened communities when reviewing the following permit applications:

Major sources of air pollution (i.e., gas fired power plants and cogeneration facilities);
Resource recovery facilities or incinerators; sludge processing facilities;
Sewage treatment plants with a capacity of more than 50 Million gallons per day;
Transfer stations or solid waste facilities;
Recycling facilities that receive at least 100 tons of recyclable material per day;
Scrap metal facilities;
Landfills; and
Medical waste incinerators, except those attendant to hospitals and universities.

“For decades, residents living in overburdened communities have had their lives routinely and inconveniently interrupted by the toxic facilities located in their neighborhoods,” said Senator Troy Singleton. “Their daily routines have been intertwined with the unpleasant smells of industry, unsightly smoke from pollution, and untimely visits to the emergency room for asthma and other respiratory ailments. Now, after years of having no say, these communities will finally have a voice in the siting of these industries. After years of waiting for action, this long overdue law will bring them the environmental justice that they deserve.”

“As a statewide and regional hub of industry, commerce, innovation and energy, the impact of the legacy of environmental contamination is real and present in New Jersey. This historic legislation is a model to show the rest of the Country how to ensure that communities are protected and how by utilizing both activism and leadership simultaneously, you can truly change the status quo,” said Mayor Ras J. Baraka, City of Newark. “I applaud the leadership of our State policymakers for making this law come to fruition, and we give our thanks to Governor Murphy for making environmental justice central to his administration.”

To read the text of the Governor’s press release – click here https://t.e2ma.net/message/z8iqpd/rq338ni

Duane Morris has an Environmental Team to help organizations and individuals plan, respond to and address their environmental contracting, due diligence, compliance and permitting issues. Contact your Duane Morris attorney for more information. Prior Alerts on the topic are available on the team’s webpage.

If you have any questions about this post, please contact Brad A. Molotsky, Lori Mills, Seth Cooley, Lindsay Ann Brown or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe.

September 11, 2020 by Brad A. Molotsky

COVID-19: The IRS adds additional forms that can be signed electronically on or before 12-31-2020 in connection with the Pandemic

On August 28, the IRS announced that it would temporarily allow the use of digital signatures on certain forms that cannot be filed electronically. As of September 11, 2020, they added several more forms to that list.

According to the NJ Business and Industry Association, the IRS made this decision to help protect the health of taxpayers and tax professionals during the COVID-19 pandemic. The permission to file electronically is intended to reduce in-person contact and lessen the risk to taxpayers and tax professionals, allowing both groups to work remotely to timely file forms.

The IRS added the following forms to the list of those being accepted digitally:

Form 706, U.S. Estate (and Generation-Skipping Transfer) Tax Return;
Form 706-NA, U.S. Estate (and Generation-Skipping Transfer) Tax Return;
Form 709, U.S. Gift (and Generation-Skipping Transfer) Tax Return;
Form 1120-ND, Return for Nuclear Decommissioning Funds and Certain Related Persons;
Form 3520, Annual Return To Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts; and
Form 3520-A, Annual Information Return of Foreign Trust With a U.S. Owner.
The forms are available at IRS.gov and through tax professional’s software products. These forms cannot be e-filed and generally are printed and mailed.

Per the BIA, the below list was announced August 28, and all of these forms can be submitted with digital signatures if mailed by or on December 31, 2020:

Form 3115, Application for Change in Accounting Method;
Form 8832, Entity Classification Election;
Form 8802, Application for U.S. Residency Certification;
Form 1066, U.S. Income Tax Return for Real Estate Mortgage Investment Conduit;
Form 1120-RIC, U.S. Income Tax Return For Regulated Investment Companies;
Form 1120-C, U.S. Income Tax Return for Cooperative Associations;
Form 1120-REIT, U.S. Income Tax Return for Real Estate Investment Trusts;
Form 1120-L, U.S. Life Insurance Company Income Tax Return;
Form 1120-PC, U.S. Property and Casualty Insurance Company Income Tax Return; and
Form 8453 series, Form 8878 series, and Form 8879 series regarding IRS e-file Signature Authorization Forms.

If you have any questions about this post, please contact Michael Gillen (Head of TAG Group), Brad A. Molotsky, Elizabeth Mincer or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe.

September 8, 2020 by Brad A. Molotsky

COVID-19: PA to allow 50% indoor dining capability effective 9-21-2020

Earlier today on September 8, 2020, Gov. Tom Wolf announced that restaurants in Pennsylvania will be allowed to increase their indoor seating capacity to 50%, effective Sept. 21.

The 25% indoor restriction has been in place since July, 2020.

According to the Philadelphia Business Journal, it is not clear whether Philadelphia County will make the increase to 50% capacity considering it just beginning to reopen indoor dining at 25% on Tuesday following a nearly a six-month closure.

To qualify to be able to open at 50% occupancy, restaurants will be required to self-certify that they comply with all public safety guidelines. The self-certification process is an on line process and will appear in a special database available online. There will also be special branded material, including window clings and other signs, that show certification.

If you have any questions about this post, please contact Brad A. Molotsky, Elizabeth Mincer or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe.