Environment
Department of Environmental Protection Allows Construction of Power Plant in Newark Community – On July 18, the NJ Department of Environmental Protection (DEP) released a decision allowing the construction of a controversial backup power plant in the Ironbound community of Newark. The DEP decided that a law preventing polluting projects in overburdened communities should not prevent the construction of a gas-powered generator at a wastewater treatment plant. The Passaic Valley Sewerage Commission has argued for decades that a backup generator is necessary to allow the facility to continue operations during power outages caused by severe weather, particularly to prevent the diversion of sewage into waterways. After decades of opposition, community advocates and politicians expressed frustration with the decision and skepticism that the power source would be used only as a backup. The DEP may now issue draft permits for the project, which will be subject to public comment before they are finalized.
Health
Bill to Prevent Spread of Legionnaires Disease Awaits Gov. Murphy’s Signature – S2188, approved by both legislative houses on June 28, calls on the Department of Environmental Protection (DEP) to draft regulations to prevent the development and spread of the bacteria Legionella through the state’s water system. Legionella causes Legionnaires disease, a lung infection with a high mortality rate, particularly for those with underlying health conditions. The legislation would also require the state Department of Health to codify its investigation protocol for cases of the disease and asks the DEP and DOH to collaborate to develop a public awareness campaign and a more robust public notification system to prevent the spread. The legislation awaits Gov. Murphy’s signature.
No Movement on Proposal to Charge Medicaid for Violence Prevention Services – The state legislature left for summer recess without acting on S1407/A4021, a proposal allowing organizations to bill Medicaid for community violence prevention services such as peer support, counseling, and crisis intervention. Programs offering these services seek to address gun violence as a public health issue. However, organizations often rely on short-term grants and donations, making it difficult to sustain these programs long-term. Sponsors of the bill seek to address this by enabling providers to bill Medicaid for violence prevention services. Though the proposal has the support of state Democratic leaders, the bills remain pending in committees in both houses, though the Senate Health, Human Services, and Senior Citizens Committee advanced the legislation in March.
Housing
Jersey City Resident Sues RealPage over Rent Hikes – A resident of Jersey City, Kevin Weller, joined other aggrieved tenants in a class action lawsuit filed in April 2023 against RealPage, which uses an algorithm to recommend rental prices and vacancy rates to landlords. Plaintiffs alleged the company and a group of multifamily building landlords used the software to conspire to propel skyrocketing rental rates. The company is also currently under investigation by the U.S. Department of Justice for potentially violating antitrust laws.
Public Administration
Appellate Decision Bars Residents from Suing Public Water Suppliers over Contaminated Water – In a July 19 decision, an NJ appellate panel unified decades of divergent case law to affirm that residents cannot sue public water suppliers when utilities provide contaminated water for them to distribute. The judges ruled that under the County and Municipal Water Supply Act, water suppliers do not enter into contracts with residents; therefore, they should not be subject to lawsuits over utility-provided contaminated water.