The Senate and Assembly considered A-3919 (Calabrese)/S-2346 (Sarlo), creating a new extension period under the Permit Extension Act of 2008 that covers permits in existence during the COVID-19 public health emergency or state of emergency period. The NJSBA urged amendments that would provide definitive deadlines to applications under the Municipal Land Use Law (MLUL) relative to permit applications before planning and zoning boards.

The bill proposes to toll the term of permits and approvals during the COVID-19 emergency period to prevent the abandonment of approved projects, to preserve public and private resources, and to provide an avenue to quickly resume these projects when it is safe to restart business and government activity. Specifically, the bill would extend certain time frames by which planning and zoning boards have to grant or deny applications pursuant to the MLUL in order to provide adequate time to evaluate projects already in the pipeline.

If signed by the governor, the law would take effect immediately, and is retroactive to March 9, when Executive Order 103 was issued.

Bill would grant rebuttable presumption of COVID-19 exposure for essential workers

The Senate Labor Committee advanced a bill that would create a rebuttable presumption that COVID-19 contracted by healthcare workers, public safety workers, and other essential employees is work-related and fully compensable for the purpose of workers' compensation benefits and other employment benefits provided for work-related injuries and illnesses.

A-3999 (Giblin)/S-2380 (Sweeney) was introduced on May 4, and quickly advanced in the Senate. The Senate Labor Committee voted on a substitute bill, which expands the definition of "essential employee" to include public safety workers or first responders; those involved in providing medical and other healthcare services; those who perform functions that involve physical proximity to members of the public and who are essential to the public's health, safety and welfare; and any other employee deemed essential by the public authority declaring the state of emergency.

The NJSBA continues to monitor this bill.

This is a status report provided by the New Jersey State Bar Association on recently passed and pending legislation, regulations, gubernatorial nominations and/or appointments of interest to lawyers, as well as the involvement of the NJSBA as amicus in appellate court matters. To learn more, visit njsba.com.