Wednesday, January 31, 2024

Uhohtec

Presented by Amazon: Matt Friedman's must-read briefing on the Garden State's important news of the day
Jan 31, 2024 View in browser
 
New Jersey Playbook

By Matt Friedman

Presented by

Amazon

Good Wednesday morning!

Holtec, the company that got one of the state’s biggest tax incentives in history to move to Camden, deals with radioactive materials. You could argue its reputation is radioactive as well.

Holtec has won two court fights against the state, which had sought to withhold payments of its $260 million tax credits for its Camden location. On Tuesday, the Attorney General’s Office yesterday announced the results of a barely disclosed criminal investigation against the company.

The office alleges that Holtec, which had already made a major investment in a company called EOS, went back and retroactively made it appear that it and a related company each invested, doubling the amount it was eligible to receive from $500,000 to $1 million.

Holtec admitted no wrongdoing and in a statement claimed the probe was “retaliatory,” but nevertheless agreed to pay $5 million and forgo its $1 million in Angel Investor Tax Credits.

But let’s take a step back. Yes, the courts have ruled in Holtec’s favor on the question of its bigger tax credits, saying that the state form’s question over whether it had been debarred from doing business with a state or federal agency was vague, and so Holtec didn’t give a false answer when it checked “no.”

But here’s what hasn’t been disputed: In 2007, a manager at a nuclear plant owned by the Tennessee Valley Authority pleaded guilty to failing to disclose $54,000 in income that had been directed to it by Holtec, according to the Philadelphia Inquirer. The company never admitted any wrongdoing and denied bribing the manager, but it was barred from doing business with the TVA for 60 days and agreed to pay a $2 million administrative fee. Holtec has also faced fines for its nuclear activities. In 2021, the Nuclear Regulatory Commission proposed a $150,000 fine for Holtec Decommissioning International for security issues inspectors found at the shut-down Oyster Creek nuclear power plant. Inspectors visited the site that year to make sure the company was protecting against the threat of "radiological sabotage." They found what they called apparent violations that were more than minor. Last November, the NRC also proposed fining Holtec for shipping radioactive material improperly.

Very few industries are as highly regulated as nuclear energy, so scrutiny is tight and even minor lapses have serious consequences. But these seem like less-than-ideal issues, to put it mildly, for a company dealing with such incredibly sensitive material.

With help from Ry Rivard

TIPS? FEEDBACK? Email me at mfriedman@politico.com

QUOTE OF THE DAY: “The state is very strict about the way groundhogs are used.” — Groundhog wrangler Russ Einbinder on why Milltown is canceling its third straight Groundhog Day since “Milltown Mel” passed away two years ago.

HAPPY BIRTHDAY — Craig Coughlin, Michael Kempner, Jeff Nash, Antonia Spano

WHERE’S MURPHY? —  No public schedule

 

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WHAT TRENTON MADE


THE POLITICAL TOLL — “NJ Turnpike tolls to rise 3% 'at a later date' — if hikes survive another Murphy veto,” by The Record’s Colleen Wilson: “In a move that will surprise virtually no one in the Garden State, the New Jersey Turnpike Authority has unanimously approved its 2024 budget — which is nearly a carbon copy of the proposed 2024 budget vetoed by Gov. Phil Murphy in October that included a 3% toll hike. Indeed, the spending plan passed Tuesday morning includes that 3% toll increase, which prompted Murphy to tweet on Oct. 26 that he needed more ‘justification’ for it and ‘more information for why the board is taking this step.’ … So what justification, additional information or improvement in fiscal climate changed Murphy's mind in the three months since that veto? Bailey Lawrence, a spokesman for Murphy, did not respond to questions about whether Murphy sat down with turnpike officials to discuss the budget and toll increases and did not explain what changed the governor's mind. ‘Governor Murphy will approve the New Jersey Turnpike Authority’s 2024 annual budget,’ Lawrence said. … Murphy's explanation for the veto never swayed political insiders, who chalked up the decision to political theater before an election.”

ODDS STACKED AGAINST IT — State Sen. Brian Stack has withdrawn his support for a bill to allow people with prior criminal convictions to serve on juries. Stack was the top sponsor of the bill in the Senate although he removed his name from it Monday; the decision carries some weight as he is also the chairman of the Senate Judiciary Committee, where the bill is currently referred to. He said last month that he had “some concerns” over the bill as it started to advance during the lame duck session. He did not immediately respond to a message seeking comment. — Daniel Han 

BAG BANS ARE BAD, SAYS BAG INDUSTRY THAT OBSCURED ITS FUNDING OF BAG REPORT  — “Report says plastic use has tripled under NJ bag ban, but does it tell the whole story?” by The Record’s Amanda Wallace: “A study that was co-published earlier this month by Environment America, the U.S. Public Interest Research Group Education Fund and Frontier Group found that well-designed plastic bag bans have been very effective in curbing plastic bag use and plastic pollution across the country. … The study found that the number of single-use plastic bags saved in New Jersey in 2022 was about 5.51 billion in total, or 594 bags per person, including from supermarkets and convenience stores. … Clean Ocean Action’s fall 2022 beach cleanups of the New Jersey coast, only a few months after the state ban went into effect, the group gathered 46% fewer single-use plastic bags than in April 2022. … Another study published this month by Freedonia Custom Research, a division of Marketresearch.com, began making headlines last week. The study says that although total bag volume declined in New Jersey by over 60% after the implementation of the ban in 2022, the shift to alternative bags resulted in a three-times increase in plastic consumption for bags. … The study was commissioned by the American Recyclable Plastic Bag Alliance, an organization that advocates against plastic bag bans and ‘represents the interests of U.S.-based manufacturers and recyclers of plastic bags,m’ its website says.”

 

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PINING FOR MORE FUNDING — “Pinelands Preservation Alliance says funding to parks, forests is at 'critical' low,” by The Asbury Park Press’ Amanda Oglesby: “The New Jersey Pinelands are facing multiple threats – from climate change, neglect and a lack of staff, according to a new report from the Pinelands Preservation Alliance, an organization that advocates on behalf of this more-than 1-million-acre evergreen forest. The Pinelands Preservation Alliance called on New Jersey Gov. Phil Murphy earlier this month to boost funding for resources within the Pinelands and released its 2024 State of the Pinelands Report. The organization said New Jersey's financial support of Pinelands parks had dropped to ‘critical’ levels. Jaclyn Rhoads, assistant executive director of the Pinelands Preservation Alliance, said Murphy failed to increase the budget of the Pinelands Commission last year, the state agency charged with protecting this ecologically sensitive region.”

HERE WE GO AGAIN — “Liberty State Park task force meeting scheduled for Tuesday abruptly postponed,” by The Jersey Journal’s Mark Koosau: “A meeting of the Liberty State Park Design Task Force scheduled for Tuesday night has been abruptly postponed, with the state Department of Environmental Protection (DEP) citing ‘significant public interest’ in the park’s revitalization as the reason for the postponement. The 23-member task force, which was created by lawmakers in 2022 to advise the DEP on the future of the park, was planning to meet for the second time at the CRRNJ Terminal since last November to discuss about the revitalization, which has been in progress since last October. The cancellation comes just four days after Senate President Nick Scutari and Assembly Craig Coughlin criticized the DEP over the direction of the park’s revitalization and urged to have the task force have more input on the park’s future.”

UNCON-VINCE-D — Now that the casino smoking ban has finally cleared committee in the Senate, Casino Employees Against Smoking Effects (C.E.A.S.E), an organization that may or may not have chosen its name to fit its acronym, is asking state Sen. Vince Polistina to drop his plans to introduce “compromise” legislation. Polistina had been a champion of the smoking ban but shortly after it stalled in lame duck announced he would introduce a new bill that included some things the casino industry has proposed, like enclosed rooms where smoking is permitted. The anti-smoking activists believe this is just a sop to the industry. “You can't say you support protecting our health in one breath and then say you want a so-called compromise. The thousands of CEASE members see right through that double talk,” the group wrote. “Gone are the days when we thought you were our champion, through thick and thin. When the going got tough, you abandoned us, refusing to fill in on the Senate Health Committee last month when the opportunity presented itself. But you still have the chance to do the right thing, which we would certainly welcome.”

Polistina told me that he still plans to finish drafting his legislation but will vote for the original smoking ban on the Senate floor if it gets there. “I think the dialogue is important, and I’m still going to plan on getting the draft done and circulating it so everybody can talk about it,” he said. “ My ultimate goal has always been to eliminate smoking ont he casino floor,a nd one way or another we’re going to get there.”

—“Opponents want N.J. to ditch $10.7B Turnpike extension plan, send money to NJ Transit” 

—“Federally mandated audit of NJ Medicaid costs 296,000 their coverage — thus far” 

—“NJ drug deaths down — 5 counties recorded a drop of at least 30%” 

 

CONGRESS OVERDRIVE: Since day one, POLITICO has been laser-focused on Capitol Hill, serving up the juiciest Congress coverage. Now, we’re upping our game to ensure you’re up to speed and in the know on every tasty morsel and newsy nugget from inside the Capitol Dome, around the clock. Wake up, read Playbook AM, get up to speed at midday with our Playbook PM halftime report, and fuel your nightly conversations with Inside Congress in the evening. Plus, never miss a beat with buzzy, real-time updates throughout the day via our Inside Congress Live feature. Learn more and subscribe here.

 
 
BIDEN TIME


—“Menendez, Bhalla each deride the other's ethics in heated social media back and forth” 

—“Meet the lonely Republicans willing to say it: Trump Is disqualified” 

—Steinberg: “Rep. Mikie Sherrill’s abstention on 'antizionism is antisemitism' resolution is a blunder” 

—“In Bergen County, over 100 Democrats back Tammy Murphy for Senate” 

—“Murphy team says first lady is target of sexism in Senate campaign” 

LOCAL


A SPILLER, BUT NOT OF BEANS — “Spiller pleads the Fifth, township seeks to keep transcript confidential,” by Montclair Local’s Liz George: “Montclair Mayor Sean Spiller invoked his Fifth Amendment privilege during his deposition as a witness in the Montclair CFO whistleblower lawsuit, because of a purported criminal investigation by the Attorney General’s Office. Now the Township is seeking to make the transcript of his deposition confidential. Spiller, who is represented by personal counsel, was advised to assert his Fifth Amendment privilege against self-incrimination by attorney Frank Arleo. … ‘Montclair taxpayers deserve to know what is going on in their own town. The efforts to hide the facts have failed so far. We hope they continue to fail,’ said [attorney Nancy Erika] Smith. ‘In 42 years, I have never had a defendant designate an entire transcript confidential before one question asked.’ … [Padma[ Rao, in her lawsuit, charges she was retaliated against after she questioned the eligibility of the mayor and council members for the state health insurance program. It is only one of the allegations in the whistleblower suit, which includes allegations of time records fraud in the Montclair Fire Dept. and a no-bid contract awarded to the O’Toole Scrivo law firm.’”

JACKSONIAN DEMOCRACY — “'I value my time:' Jackson council nearly quadruples its salaries,” by The Asbury Park Press’ Mike Davis: “Elected officials will see their paychecks nearly quadruple after the township council controversially voted to increase their salaries this week. The resolution will increase part-time salaries for four elected council members to $32,000, the first increase since 2006, when council salaries increased to the previous rate of $8,668. The council president seat, currently occupied by Jennifer Kuhn, will provide a $35,000 salary. The pay raise passed by a 3-to-2 vote along political lines. While municipal offices are nonpartisan, the council is split into factions supporting and opposed to Mayor Michael Reina.”

SUPREME COURT LIKELY TO TELL JACKSON TO BEAT IT — “Will NJ Supreme Court intervene in Paterson councilman's election fraud case?” by The Paterson Press’ Joe Malinconico: “Councilman Michael Jackson is asking the New Jersey Supreme Court to intervene in his legal battle with the Attorney General’s Office over the election fraud criminal charges pending against him. At issue is whether Jackson must surrender the passcode for his cellphone that state investigators seized from him last spring, a move the councilman has said was part of a probe into allegations that he tampered with witnesses involved in the original case. After Superior Court Judge Sohail Mohammed ordered Jackson to give up the passcode in November, the councilman filed an appeal. But the state Appellate Court declined to take the case. Now Jackson is petitioning New Jersey’s highest court to take the case. … Jackson repeatedly has said he does not want the Attorney General’s Office to know his passcode because he said investigators may plant something incriminating on his phone.”

 

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R.I.P. — “South Jersey soldier killed in drone attack. What we know about Sgt.William Rivers” 

—“Newark’s ‘$1 Homes’ program matches first 7 owners with fixer-uppers” 

—“Benson taps Verrelli to head Mercer Improvement Authority” 

—“Catholic burial after suicide? Sheriff Berdnik's funeral shows how church has evolved” 

—“Newark residents outraged over removal of teen novel as board changes policy for controversial books” 

—“Spotswood sues Middlesex County Prosecutor's Office, but lawsuit details are sealed” 

—“Atlantic City Council seeks restoration of planning, zoning functions to the city” 

—“Tinton Falls teacher used online name 'Hung Chris' to solicit sex from 14-year-old: cops” 

 

YOUR GUIDE TO EMPIRE STATE POLITICS: From the newsroom that doesn’t sleep, POLITICO's New York Playbook is the ultimate guide for power players navigating the intricate landscape of Empire State politics. Stay ahead of the curve with the latest and most important stories from Albany, New York City and around the state, with in-depth, original reporting to stay ahead of policy trends and political developments. Subscribe now to keep up with the daily hustle and bustle of NY politics. 

 
 
EVERYTHING ELSE


FLORIDA MAN-ALAPAN — “Jersey pride? Here's how one town in Florida was named for Manalapan,” by The Asbury Park Press’ Ilana Keller: “Did you know there's a Manalapan in Florida? It's no coincidence. Apparently when some New Jerseyans fled south for warmer climes, they took more than a penchant for pork roll with them. The Palm Beach Post says Manalapan, Florida, was ‘named by a group of settlers from Manalapan, NJ, who established a settlement on the north side of Boynton Inlet,’ according to a local historian.”

RICHARD KANKA — “‘Megan’s Law’ line blasted by Kanka family,” by TMZ: “Megan Thee Stallion's beef with Nicki Minaj has invoked a famous law aimed to protect people from sex predators -- and the father of the girl it's named after isn't happy about it. Richard Kanka -- whose daughter, Megan Kanka, was murdered in the '90s by a sex predator who, at the time, wasn't legally required to identify himself in his neighborhood, and who Megan's Law is inspired by -- is fuming over MTS casually dropping his daughter's name in ‘Hiss’ ... the diss track that kicked off this new feud between her and NM. He tells TMZ that Megan dragging his late daughter's name into the expletive-riddled song aimed at Nicki is as disrespectful as it gets, from his POV -- and he notes that MTS actually appearing to shed light on the law, which she does, doesn't change his sour feeling.”

R.I.P. — “'He was selfless': Hundreds mourn Joseph Zadroga, advocate for Ground Zero survivors” 

—“Series of cyber attacks risks sensitive data at N.J. schools, hospitals” 

 

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