Marketplace Update Plastic Bag Sanitization Bill ANCHOR Program: Don't Wait, Apply Today! State Guidelines on Legal Cannabis Offer Little Clarity, Creates Greater Confusion Update: NJ Economic Development Authority's Small Business Improvement Grant Info on Dues Renewals CARB Enhanced Vapor Recovery Upgrade & Deadline Marketplace Update Nationally the price of gas has been trending upward for a while due to refinery problems and supply shortages in the Midwest and West Coast. This has driven up the whole national average, even as prices in New Jersey had continued to decline. However, the price of oil has started going up again, and the average rack price jumped about 14¢ a gallon over the weekend and another 16¢ on Tuesday, sharply cutting into margins. The OPEC+ nations led by Saudi Arabia decided to cut production by 2 million barrels per day starting next month, twice what was expected. This is being seen as a sharp rebuke to President Biden, whose team was actively lobbying the Saudis not to make any cuts, fearing it may trigger not only higher gas prices but a serious recession. The fact that the Strategic Petroleum Reserve (SPR), which is still releasing barrels every day, is at its lowest level since 1984 also means the Administration is running out of options to combat high oil prices, both now and in the future. Plastic Bag Sanitization Bill You may have seen the complaints in the media about the influx of reusable bags ending up in patrons' homes since the change in the law that banned all single use plastic bags everywhere and banned paper bags at food stores larger than 2500 sq ft. Between forgetting them at home and having to repurchase at checkout, to ordering from delivery services and getting stacks of new reusable bags with every order, lots of these bags are ending up going unused and wasted. As a result, there is a lot of talk about amending the law. One of the ideas that was being mulled over was that every retailer (including c-stores) would be required to take a 5 cent deposit on every bag sold, and any customer could come into any store with any bag and be reimbursed 5 cents a bag. Stores would then be required to sanitize the bags and resell them. As you can imagine, this would be a logistical nightmare for small retailers, especially convenience stores. Thankfully, the bill that was introduced and discussed in the Senate Environment Committee this week does not include that idea. The changes only apply to grocery stores, which are defined as food stores over 2500 sq ft. So as a reminder, if your convenience store is under this size, you can continue to use paper bags. ANCHOR Program You may have gotten information in the mail on the Affordable New Jersey Communities for Homeowners and Renters (ANCHOR) program through the tax department. This was the Governor and Legislature's big idea for how to spend money as part of the record budget back in June. To receive the money, you must fill out this application before December 30th. It may seem like a while away, but to fill the application out online only takes a few minutes. ANCHOR eligibility is as follows: - Homeowners with incomes of $150,000 or less will receive $1,500.
- Homeowners with incomes more than $150,000 and up to $250,000 will receive $1,000.
- Renters with incomes of $150,000 or less will receive $450.
Even though the money is meant to cover the cost of high property taxes, it only applies to homes. They are not giving any money towards property taxes paid on businesses, even though half of all property taxes paid in New Jersey are on businesses these days. Get ahead and get started on your application now. Checks will be sent out in May. Legal Cannabis Last month, the New Jersey Cannabis Regulatory Committee (CRC), the state agency overseeing cannabis use, offered up interim workplace guidance concerning employees who may report to work while high on cannabis (marijuana). Business and employer groups have grown increasingly frustrated with the post-legalization landscape. The lack of direction from the CRC, combined with potential workplace- and employee-liability issues, have impacted hiring and retention strategies across the state. The new interim guidance focuses on using Workplace Impairment Recognition Experts (WIRE) and the "Reasonable Suspicion" Observation Report to determine if an employee is high while on the job. Such official guidance is important since it is now illegal to terminate employees solely because of a positive marijuana drug test. Unfortunately, this guidance offers little real-world clarity to employers, managers, and HR professionals. NJGCA recently attended a workshop discussing the new guidance in hopes of gaining some practical strategies to implement in the workplace. Attorneys working in the cannabis field and staffing professionals participated. After picking apart the guidance and offering up hypotheticals which frustrate any real-world situation, the ultimate consensus was that the September guidance fails short of offering employers any meaningful strategies. Rather, it seems that the current state of uncertainty will continue for the foreseeable future. Among the suggested "tools" offered by the CRC is for employers to utilize an observation report form issued by the agency. When used in tandem with a positive marijuana drug test, it may provide sufficient grounds for a firing. Another resource is a Workplace Impairment Recognition Expert (WIRE). In theory, a WIRE would be an outside third-party professional (or, alternatively, an in-house certified employee) trained to spot and identify employees who are impaired while on the job. Unfortunately, the CRC's direction that such an employee be "sufficiently trained and qualified" leaves no tangible criteria for implementing a working WIRE strategy. Though physical and behavioral impairments can be easily observed (swollen, red eyes; heavy breathing; confusion; rambling speech; sniffling nose; etc), these same observations can point to an employee experiencing a reaction to medication or merely suffering from seasonal allergies. Even the odor of marijuana, which was formerly a foundational indication of current use, is no longer enough. Rather, any lingering odors may only imply that an employee may have used cannabis outside work hours; and is not currently high. Taken together, this means that very well intentioned, safety-conscious employers and employees might run the risk of getting entangled in any workplace cannabis standards. The above in mind, one concrete takeaway from the workshop we attended was something you can employ on your own. That is, any employer concerned about employee cannabis-use (or related on-the-job substance abuse situations), should immediately adopt and implement an employee handbook, if they haven't already. Employers can use a well-drafted employee handbook to put their staff on notice for any potential employer action if he or she is high on the job. Not only does the law permit this, but even if the CRC offered meaningful guidance, memorializing such resources would almost assuredly be tied to an employee handbook. To update and/or review your existing employee handbook - or adopt an employee handbook for the first time - please consider reaching out to Steve Horowitz. An NJGCA Member Benefit Partner, Steve is a trusted employment law resource. Steve can be contacted by email at shorowitz@horowitzlawgroup.com or 973-789-8300. NJGCA will report more on this topic as new CRC guidance is developed or additional insights becomes available. Update: Small Business Improvement Grant The New Jersey Economic Development Authority (NJEDA) has announced an update on their Small Business Development Grant program. Since the program was launched earlier this year, nearly 500 small businesses have been awarded funds between $5,000 to $50,000. We reported on this opportunity earlier, but as a recap, NJEDA has set aside $15 million from the existing Main Street Recovery Finance Program for small business owners. Of that $15 million, $6 million is directed toward entities within the state's designated Opportunity Zones. As of this writing, $13 million has already been earmarked for small business applicants. With only $2 million in funding still available to qualifying small business owners, time is running out for entrepreneurs to apply. Applications will be accepted on a rolling basis until funds are consumed. Applicants awarded funds must stay in the facility and meeting wage requirements for up to four years after executing a grant agreement. The grant offers reimbursement for costs associated with making building improvements or purchasing new furniture, fixtures, and equipment. Interestingly, an eligible project could have been started in the past (it must have been commenced on, or after, March 9, 2020). Meaning, you could have begun your project at the start of COVID, completed the project within two years, and you'd still retrospectively qualify for a grant award. A list of eligibility factors is available on the NJEDA's website. To read the full funding criteria and apply for the Small Business Improvement Grant, please visit the grand homepage by CLICKING HERE. What's more, you can read the official FAQ on the NJEDA website by CLICKING HERE; or see the grant checklist by CLICKING HERE. Info on Dues Renewals Just a reminder, all members who are scheduled to renew their membership will receive an email with an electronic invoice and a link to pay for it. When you go to the site to pay you will have to retrieve your logon information as it has changed from last year. You'll receive an email with the new logon credentials. When you pay the invoice, a confirmation email will be generated. Also, when you click on the "continue" link in the email, you will see the actual invoice with details and an option to print it or download it to your computer. For all other members renewing throughout 2022, this is the new procedure for billing and payment. It is important to check your emails on or about the first of the month of your renewal. Reminder invoices will also be sent out on or about the first of the month. Any questions or concerns can be addressed by emailing accounting@njgca.org. CARB Enhanced Vapor Recovery Upgrade & Deadline We have been in contact with NJDEP officials concerning the forthcoming Enhanced Vapor Recovery ("EVR") upgrade mandate. This upgrade affects all locations with tanks installed prior to December 23, 2017. Any tanks installed on/after December 23, 2017 are unaffected; and should have had these enhancements made at the time of installation. Those affected facilities must upgrade to new, full EVR requirements by December 23, 2024. The upgraded system is a California Air Resources Board (CARB) Certified Phase 1 system, and includes enhanced rotatable fill adaptors, dust caps, spill buckets, hoses, and other requirements. Stations that do not upgrade their facility by December 23, 2024 may face fines or penalties for non-compliance. In following the same mindset that forewarned the implementation of the Stage II Vacuum Assist Vapor Recovery decommissioning (which ended on December 23, 2020), NJGCA highly recommends that all affected stations comply with the upcoming mandates ahead of the deadline. Those stations with tanks installed prior to December 23, 2017 should contact their compliance vendor to inquire about the updates and schedule their completion before the deadline. With both the end of Stage II and the credit card EMV upgrades, we saw a lot of people wait until the final few weeks before the deadline and they suffered for it with long waits and higher costs. If you have any questions, contact Nick at nick@njgca.org for more information. Be Well- Your Association Staff |
