The Mandate Saga
New Jersey, Connecticut, and Florida are just a few of the states where municipalities are actively organizing to turn the tide back on state mandates. Mandates usually begin with the passage of a law, followed by a government agency issuing regulations to enforce that law, and end with judicial decrees setting a range of requirements for local government to implement in order to adhere to that law. There is never a public vote with regards to mandates, that is referred to as a referendum of which there are very few placed on a ballot.
New Jersey is famed for its mandates. The vaccine mandate for kindergarten and pre-k children is the only one in America. Parents groups are continually protesting the law, which went into effect this past January, and just recently conducted a demonstration in south NJ. Opponents of the mandate argue that NJ mandates more vaccines than any other state, has the highest rate of autism and houses the most pharmaceutical companies out of any other state. The question being raised as to whether campaign contributions or children’s health are the real impetus for the state mandate.
This past summer the state issued a mandate with regards to septic systems. As of this point, there are no fines or penalties for non-conformance, but many municipalities assume such details will follow. The septic mandate requires municipalities to establish the necessary resources and processes need to inspect homeowners septic systems every three years. While municipal officials will be required to maintain the required documentation, but it will fall upon individual homeowners to pay for the septic inspection every 3 years, pumping every 3 years, and remedy any deficiencies detailed in the report. Some towns that have sought to implement the mandate have met stiff resistance from homeowners who disdain more government fees and fear uncovering a problem that may cost tens of thousands of dollars to fix.
Oakland faces a relatively unique situation with regards to the septic mandate as they consider opting into the Highlands Master Plan. West Milford, in a similar situation, created an ordinance to protect the municipality against the “unknowns” of the Highlands Act. The concern there is that the Highlands Council may choose to tight restrictions on septic systems and create an additional financial burden on local residents. In Maryland and Florida, similar septic mandates are raising calls for the government to help residents comply with the proposed regulations. The situation in these areas has arisen from requirements that new septic be more technologically advanced with systems that cost substantially more than conventional septics.
Ms. Smith Goes to Trenton
Unfunded mandates have been a national issue for decades. In 1993, mayors across America organized the National Unfunded Mandates Day to protest the federal government’s increasing reliance on having local government fund federal projects. Recently, The New Jersey League of Municipalities as been inspired by the efforts of one borough administrator, Marianne Smith of Hardyston Township. Building on what is described as one of the most comprehensive documents detailing how much each mandate is costing a municipality, the NJLM is asking member communities to contribute to her list.
Ms. Smith’s compilation is not complete. (view PDF of mandate list) The NJML would like input from other municipalities, especially with respect to compliance costs on: binding arbitration, state permitting delays, training and certification requirements, local public contracts mandates relating to improvements and renovations of municipal buildings.
