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What’s next for OPRA? NJ Legislature has not resurfaced ‘reform’ bill on public records

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What’s next for OPRA? NJ Legislature has not resurfaced ‘reform’ bill on public records



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After being fast-tracked two months ago, a bill that would gut access to public records hasn’t returned to the calendar in either chamber of the New Jersey Legislature.

Introduced in early March, the bill — sponsored by state Sen. Paul Sarlo, D-Bergen, — cleared his budget committee one week later, but not before dozens of advocates spoke out against the bill and what it would do.

It was then pulled from the agenda for the Assembly Appropriations Committee just minutes before it was set to start.

Where is the bill now?

Many expected the bill to turn back up, especially after state Senate President Nicholas Scutari said in March he thought that by mid-April the Legislature will take up the bill, with “mostly clarification amendments.”

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The state Senate president also said the Legislature is “going to try” to make the amendments available for viewing before they are heard in committee.

“Those amendments are being worked on as we speak, and they’re bicameral and bipartisan, so both sides of the aisle and both houses are coming up with things that are going to satisfy both, and I think you’re going to see the bill overwhelmingly pass,” Scutari said.

That bipartisan support shows in the addition of Republican sponsors in both chambers — state Sen. Anthony Bucco in the upper chamber and Assemblywoman Victoria Flynn in the lower chamber.

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Sarlo had said in an interview at the end of March that he’s “made it clear. If we don’t get this done by the first week of April, I gave it a great shot and we’ll probably table it for another 20 years.”

The proposed legislation didn’t show up in either chamber in April — but attention hasn’t waned for advocates. OPRA was at the forefront of an event at Rider University on Tuesday and was a topic at a Garden State Initiative forum on Wednesday. Neither Sarlo nor lower chamber sponsor Assemblyman Joe Danielsen appeared at either event.

Organizers of the Rider event said that Sarlo had been invited but declined due to scheduling conflicts on Tuesday.

Bucco and Flynn were present during the Garden State Initiative event in New Brunswick Wednesday.

Requests for comment about the status of the bill and possible amendments to Sarlo and Danielsen went unanswered.

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Bucco said in a statement he joined as a sponsor on the bill because he believes “our state’s current OPRA law allows New Jerseyans to play a significant role in our democratic process and that government transparency is of the utmost importance” but that “there have been bad actors who aim to benefit financially from bad-faith OPRA requests that exploit the system.”

He went on to say that there are there are people posting videos of young women on social media and “private businesses attempting to gain potential consumer information” which leads to an “unnecessary burden on municipal and state staff” and that it’s his “goal to prevent such exploitation without limiting legitimate access to public records by the press or others.”

Bucco also said that he wants to “ensure requestors who win OPRA lawsuits get reasonably compensated when government agencies unreasonably deny legitimate access to documents.”

NJ open records law could be gutted: Here’s what NorthJersey.com has unearthed using OPRA

What would the bill do?

In its current form the bill, creates exemptions for access to email and call logs, dog license information, email addresses and even digital calendars. Requests for email would need to include a “specific subject matter” and “discrete and limited time period” as well as a specific person, instead of a title or government department.

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The bill would also ban the release of metadata, which is the information about when an electronic file was created and who created it.

Requests that an agency thinks could lead to “harassment” could be denied, and an official OPRA request form would need to be used. One of the most noted changes would be to the policy regarding attorney’s fees in the event of a lawsuit.

Requesters who win OPRA lawsuits “may” be entitled to legal fees if the public agency is found to have knowingly violated the law or unreasonably denied access.

The legislation was first enacted in 2002 and requires local, county and state government entities to provide the public with access to government records in New Jersey.

Gov. Phil Murphy would not comment on the specifics of pending legislation during a regular “Ask Governor Murphy” segment on WNYC in March but did say he thought OPRA needed to be tweaked, given the way that technology has changed in the years since it was implemented, and that he’s heard anecdotally about concerns regarding commercial use of the process.

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“We are all in on transparency,” he said. “I would think if you get something that would address some of the things I just mentioned in a fair way that doesn’t undermine transparency, that’s something that I’m open-minded to … I haven’t seen anyone with nefarious behavior here. I think there are people who are legitimately trying to address some issues with the system, but we are all in on transparency most importantly. Period. Full stop.”

Katie Sobko covers the New Jersey Statehouse. Email: sobko@northjersey.com



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NJ nonprofit 'For the Love of Birds New Jersey' providing foster homes for neglected birds

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NJ nonprofit 'For the Love of Birds New Jersey' providing foster homes for neglected birds


ByTom Kretschmer

Friday, May 17, 2024 10:04PM

NJ nonprofit providing foster homes for neglected birds

A nonprofit based in New Jersey is providing foster homes for neglected or unwanted companion birds.

HOWELL TWP., New Jersey (WPVI) — A nonprofit based in New Jersey is providing foster homes for neglected or unwanted companion birds.

It’s all made possible thanks to their dedicated volunteers and network of foster homes.

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Action News photojournalist Tom Kretschmer shows us what “For the Love of Birds New Jersey” is all about.

Copyright © 2024 WPVI-TV. All Rights Reserved.



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New Jersey Chief Justice Decries Appellate Appointment Proposal

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New Jersey Chief Justice Decries Appellate Appointment Proposal


A proposal to strip New Jersey’s highest judge of the power to fill the appellate court benches would “delay justice and harm the public,” Chief Justice Stuart Rabner said in prepared remarks Friday.

The chief came out publicly against New Jersey Senate Democrats’ plan for a constitutional amendment that would give the governor appointment power over roughly 30 judges on the state appellate court, citing the potential for the same political-dealmaking delays that bog down lower-court appointments as his main concern.

“On the trial court level, for the decade from 2014 to 2023, judicial vacancies ranged from about 10 to …



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Newton hunts for lead pipes in town water system. What homeowners need to know

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Newton hunts for lead pipes in town water system. What homeowners need to know


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NEWTON — The town may soon deploy swordfish to search its water lines for lead pipes, as it seeks to remove the hazardous metal from its more-than-century-old water system.

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“Swordfish” is the brand name of a device that looks similar to a plumber’s snake used to clear drain clogs. A swordfish, however, has a probing wire tipped with an electrical device that, when it touches the insides of a pipe, can tell whether it is made of lead, copper, galvanized steel or plastic.

High lead levels in drinking water can cause a range of health problems, including lasting damage to brain development in children. Gov. Phil Murphy signed a law in 2021 that requires community water systems in New Jersey to identify all lead service lines, notify the public about their presence and then replace those pipes by 2031.

Newton’s water system owns the water lines that split off its water mains up to the connection to individual property owner service lines. It is those final connecting lines that need to be tested throughout the town, potentially via Swordfish.

Towns, homeowners split responsibility for lead abatement

Those service lines are the responsibility of the individual property owners and could cost from $8,000 to $12,000 per line for replacement, town officials said at Monday’s council meeting, though there is some state money available to defer the costs.

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It’s up to the town to identify those lead pipes, however, and officials said Monday that the Swordfish technology could make that process more efficient and less disruptive.

The council has scheduled a public hearing for its May 29 meeting on an ordinance to spend $90,000 for two of the devices. Without them, crews most often need to dig a hole in a lawn or through a sidewalk or road, to get to the connecting lines.

With the Swordfish, the operator can “fish” a wire through a connector box or main and reach a service line. The contacts are engaged and a readout identifies the material in the service pipe. A sample of the inside of the pipe is also taken by the probe and tested.

Hundreds of service lines must be tested

At Monday’s meeting, Town Manager Tom Russo and Town Engineer Dave Simmons briefed the council on their progress and the need for the Swordfish technology. According to figures from manufacturer Electroscan Inc., a single Swordfish unit costs $78,000, plus training. However, two units cost just $90,000 for the pair.

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Already, Newtown has identified about 1,000 town-owned service lines, but there are more than 1,700 more to be checked, Russo and Simmons said.

More: EPA announces new drinking water standards. How could NJ water systems be impacted?

Of the 1,000 service lines already investigated, all but 253 contained lead. Some of the branch lines need to be checked as well for the presence of lead piping and 62 of those have been “verified” as lead-free on both sides of the connection.

Water department supervisor Ken Jackel said the average cost to dig an inspection hole is $350 and the town has been using three employees each from the water and sewer department, augmented by DPW employees to do the inspection work now.

Digging up properties

“We have run out of the ‘low-hanging fruit’, said Simmons. “Now, we need to do the field inspections.”

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A Swordfish can be operated by 1 to 2 person teams.

In addition to the cost in manpower and time of digging inspection holes, there is the post-inspection issue of replacing landscaping or structures which must be moved to get access to the service line connection. In the more urban section of town, notably along Spring Street, digging also requires jackhammers and refilling the inspection hole with dirt, asphalt or concrete.

There are additional costs as well in areas where the town needs to obtain permits from the state or Sussex County to do work on their highways to access service lines for visual inspection.

Jackel noted that in most locations, crews can access the service line through the property owner’s water meter connection, eliminating the need to dig a hole in a lawn or sidewalk. In some areas, access to service lines can be made at curb-side waterline connection boxes.

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The Swordfish apparatus has not been formally approved by New Jersey, but is approved in the states of New York and Pennsylvania. He also noted that the City of Baltimore is using the technology.

There is no prohibition against use of the device in New Jersey, Jackel said, adding, “It’s up to us.”

With the Swordfish units, the department estimated the crews could test 10-20 customers per day. Russo said he would like to get all the testing and inspection done within the next 18 months.

Newton water system dates back to 1895

Newton’s water system dates to 1895 and begins at Morris Lake in Sparta. There is a treatment plant at the dam which creates the reservoir.

The water main follows Sparta Glen Brook then moves underground along Sparta Road. There is only a couple of customers before the main line enters the town and branches out through 10-inch cast iron mains, feeding the branches which then feed individual service lines make connections to users.

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After the presentation, the council voted to approve an ordinance which will go to first reading at the May 29 meeting. If approved at that meeting, a public hearing is likely to be scheduled for the June 10 council meeting after which the council could approve the purchase of units.

Email: bscruton@njherald.com Twitter/X: @brucescrutonNJH

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