NJ TRANSIT hearing today — PTC could cause more delays at first — GAS TAX likely to rise again

By Matt Friedman (mfriedman@politico.com; @mattfriedmannj)

So you’re a New Jersey Republican and you said little to nothing as New Jersey Transit deteriorated during the Christie administration, but now you see it as a potent issue against Democratic Gov. Phil Murphy … what do you do?

Story Continued Below

You base your complaints on the agency’s current communications incompetence, with riders not knowing their trains are canceled until shortly before they were due to arrive, and you ignore what got the agency into this situation in the first place.

“Commuters today don’t want to hear the history of the western world,” Assembly Minority Leader Jon Bramnick (R-Union) said at a press conference yesterday. “They want to hear the train’s coming this morning.”

Obviously Christie can’t be blamed for all of NJ Transit woes. But the extremely slow implementation of positive train control came under his watch, as did the engineer shortage. Those are the main factors in this year’s Summer of Hell. So while Republicans insist this isn’t a partisan issue for them, their past reticence begs to differ.

Expect to hear a lot more from New Jersey Republicans than in the past when New Jersey Transit officials answer questions at a legislative hearing today.

WHERE’S MURPHY? No public schedule

HAPPY BIRTHDAY — Former U.S. Rep. Dick Zimmer

QUOTE OF THE DAY: “Phil Murphy. How are ya?” — Some guy named Phil Murphy greeting guests at a Phil Murphy press conference

WHAT TRENTON MADE

MURPHY TO SEARCH FOR RAIL TUNNEL TO CANCEL INSTEAD — “NJ gas tax likely to increase because revenue is coming short of target,” by NJ Spotlights’ John Reitmeyer: “While a final ruling is going down to the wire in Trenton, it’s appearing more likely that New Jersey’s gas tax will increase by at least a few pennies later this year thanks to a 2016 law. The state’s top budget officials had until yesterday to get together to determine whether the gas tax, at its current rate, was producing enough revenue to stave off an upward adjustment. Treasurer Elizabeth Maher Muoio told NJ Spotlight in an interview that while those meetings occurred, a decision is still a couple of weeks away as some final revenue figures are still being analyzed.” Read the report

EDUCATION — State ordered to respond to school segregation lawsuit by end of August, by POLITICO’s Linh Tat: The Murphy administration has until the end of the month to respond to a lawsuit demanding the state do more to integrate its public schools, which a coalition of civil rights and faith-based organizations say are “among the most segregated in the country.” The suit, filed in May by the New Jersey Coalition for Diverse and Inclusive Schools, is an attempt to diversify classrooms through better integration of students based on race. The coalition is asking the court to strike down provisions in state statutes that require students in traditional public schools, with limited exceptions, to attend their neighborhood campuses, and that require charter schools to give enrollment preference to students in the host district. The suit —which the plaintiffs hope will change the faces in New Jersey‘s public schools, where some classrooms are all or almost all one race — comes at a time when New York City‘s school system, the nation’s largest, and others grapple with schools that are increasingly segregated by race. Last week, Superior Court Judge Mary C. Jacobson, sitting in Mercer County, ordered the state to file a response with the court by Aug. 31.Read the report

OF COURSE NOT — Murphy: Veto of agency minutes ‘has nothing to do with’ Sweeney, by POLITICO’s Ryan Hutchins: Gov. Phil Murphy said Wednesday his veto earlier this week of the minutes of a South Jersey board meeting was not meant as a jab at Senate President Steve Sweeney. Murphy on Monday rejected all resolutions authorized at the July 31 meeting of the South Jersey Port Corporation, an agency that operates marine shipping terminals across seven counties. It was the first time Murphy has exercised his power to block actions by a state board since he took office in January. Three people familiar with the issues that led to the veto told POLITICO that board members, ignoring the governor’s demand to cut ties with the agency’s general counsel, had invoked Sweeney’s name, saying the pick was his to make. Sweeney denied having any involvement. “The letter we submitted speaks for itself. It has nothing to do with the Senate president. Period, full stop,” Murphy, who has clashed with Sweeney over a number of policy issues, said at an unrelated press conference on Wednesday. Read the report

I WANT TO LEARN YOU (PTC) — “How positive train control could lengthen your NJ Transit commute,” by The Record’s Curtis Tate: “Though NJ Transit has almost caught up on training roughly 1,100 employees for positive train control, the collision-avoidance system has the potential to cause hiccups for riders. The heads of Metra in Chicago and SEPTA in Philadelphia, which have made more progress, said they’ve encountered a big learning curve among locomotive engineers who are used to having wide discretion in running their trains. Positive train control is far more strict, and it takes some time for even the most experienced employees to adjust. A wrong move could result in the train stopping in the middle of rush hour, or being unable to get a train moving at the beginning of the run.” Read the report

WELL, AT LEAST NJ POLICE DEPARTMENTS ARE THE EPITOME OF TRANSPARENCY — “Why the state Supreme Court ruling on police dashcam recordings matters,” by The Record’s Steve Janoski: “The state Supreme Court’s ruling that police do not need to release dashcam videos relating to criminal investigations — unless an officer uses deadly force — means local and state departments will likely be allowed to hide from the public what might be the only videos of potentially explosive incidents. The split ruling, issued Monday, declared the public has no right under state law to review such videos to determine for itself if a police officer acted appropriately during, say, a high-speed chase or a rough-and-tumble handcuffing. The court said the state’s open public records law does not apply to the recordings because no state law actually requires they be made. As such, the footage falls under the law’s exemption for criminal investigatory records, or records police create during an investigation.” Read the report

SAMMY HAGAR CAN DRIVE OVER 55 IF HE MAKES CAMPAIGN CONTRIBUTIONS TO THE RIGHT PEOPLE — “How are your speed limits set? In New Jersey, it’s a mix of law, engineering and politics,” by The Record’s Nicholas Pugliese: “How do speed limits in New Jersey get set anyway? It turns out that state law, engineers and — of course — politics all play a role in the process. And what happens when someone wants to change them is akin to the well-known phenomenon New Jerseyans refer to as NIMBY — Not In My Backyard. ‘The rule of thumb is it’s 25 mph in front of my house and 40 in front of yours,’ Doug Bartlett, a former manager of traffic engineering at the New Jersey Department of Transportation, said of the contradictions in how many residents view the issue. ‘They want you to go slow in the area where their kids are playing and they’re walking their dog, but once they get in their car … they’re interested in getting where they want to go.’” Read the report

NOTHING SAYS INNOVATION LIKE FEALTY TO PUBLIC SECTOR UNIONS — Murphy signs bill re-establishing innovation commission, by POLITICO’s Katherine Landergan: Gov. Phil Murphy on Wednesday signed into law a bill to re-establish a commission that promotes technology and innovation throughout New Jersey. “A stronger New Jersey is going to be built on the back of innovation,” Murphy said at a bill signing ceremony in North Brunswick. Enactment of the legislation, NJ S2329 (18R), will revitalize a commission that was defunded under the Christie administration. The New Jersey Commission on Science, Innovation and Technology will be tasked with promoting research and entrepreneurship in the fields of science and technology. Read the report

—“Christie’s confrontations: Making waves won’t put sand on the beaches | Mulshine” Read the column

TRUMP ERA

ICE ICE MAYBE — “Should New Jersey Democratic officials keep jailing immigrants for ICE?” by WNYC’s Matt Katz: “Democratic officials in North Jersey have long relied on a little noticed source of revenue to keep taxes under control and public workers employed: jailing immigrants. But now that President Trump has expanded the scope of Immigration and Customs Enforcement, sending more than 1,900 immigrants into county jails in Hudson, Essex and Bergen counties, an increasingly vocal movement is growing within the Democratic party to pull out of the immigration detention business. In Hudson County, about 630 men and 30 women arrested by ICE in New York City now make up the majority of all inmates at the county correctional facility. The $120 daily fee for each detained immigrant translates into enough revenue to save county taxpayers more than $11 million, officials said. If the contract was scrapped, they said about 100 corrections officers at the jail would lose their jobs. That’s the crux of why Anthony Vainieri, the Democratic chairman of the board of freeholders and the top county legislator in Hudson, wants to keep ICE’s money flowing. In an unscheduled vote last month, the freeholders renewed Hudson County’s deal with ICE, which could pull in $35 million annually for an indefinite time period. The vote was 5-2. “We’re going to be hurting our own” if the contract were to be cancelled, Vainieri said after a tour of the jail last week. ‘We’re going to be hurting our own staff, and we’re going to be hurting our own county families. That’s the bottom line.’ But many Democrats disagree.” Read the report

DEMS NEED MORE SALT —“Analysis: NJ suit over SALT deduction would help the state’s richest 1.5 percent the most,” by The Record’s Herb Jackson: “It may take more than a grain of salt to swallow this. In challenging the tax overhaul that President Donald Trump signed in December, a lawsuit filed by New Jersey calculated how much more residents will pay in federal income tax because of the new $10,000 cap on the deduction for state and local taxes, known as SALT. That total cost: $3.1 billion. A year. ‘What the Trump Administration enacted with the SALT deduction cap was nothing more than a tax hike on our working and middle-class families and seniors,’ Gov. Phil Murphy said in announcing the lawsuit. But data contained in the lawsuit tells a different story. If New Jersey wins, 60 percent of the tax benefits — almost $1.9 billion — would go the richest 1.5 percent of state residents, those who make more than $500,000. The 280 families with incomes over $10 million would get $118 million, or 4 percent of the total.” Read the report

WHAT ABOUT BOB? — From Bernie Becker and Aaron Lorenzo in POLITICO’s Morning Tax newsletter: “Chuck Rettig will probably become IRS commissioner at some point, but Senate Democrats might not let him pass without a fuss. Sen. Bob Menendez (D-N.J.) told Pro Tax on Wednesday that he would likely block a floor vote for both Rettig and Michael Desmond, President Donald Trump’s choice to be IRS chief counsel, unless his concerns over the tax law’s cap on state and local tax deductions were satisfied. `I’ll make a decision then, but unless I get better answers on the deductibility of state and local property taxes and provisions for charitable contributions, I’ll probably hold them,‘ Menendez, who has specifically warned that the IRS shouldn’t block blue state efforts to evade the SALT cap while allowing similar programs dealing with charter schools and other issues in red states, said.” Read the report

‘NOT ONE OF US’… HMM… WHAT ARE THEY TRYING TO SAY? — “2018 elections: Andy Kim comes under attack from GOP Super PAC in NJ battleground race,” by The Record’s Herb Jackson: “Democrat Andy Kim is attacked as a liberal ‘Washington insider’ and ‘not one of us’ in a television ad released Wednesday by the Congressional Leadership Fund, a super PAC aligned with House Republican leaders that has reserved $1.4 million in TV airtime for Kim’s race against Rep. Tom MacArthur. The ad comes a day after a Monmouth University poll showed Kim in a virtual tie with two-term Republican MacArthur in the 3rd District, which spans parts of Burlington and Ocean counties.” Read the report

ENERGY — “Move in Congress to weaken Clean Water Act could have big impact in New Jersey,” by NJ Spotlight’s Tom Johnson: “There is a move underway in Congress to revamp a key section of the federal Clean Water Act, a step that could undermine the ability of states to block energy and big infrastructure projects. The legislation, to be taken up by the Senate Environment and Public Works Committee today, would weaken Section 401 of the CWA, a provision that allows states to determine if such projects comply with water-quality standards. The tool has been used by states, including New York, which denied a permit to the 120-mile interstate Constitution pipeline over water-quality concerns. Many opponents of the PennEast pipeline in New Jersey are hoping the state Department of Environmental Protection will take similar action here.” Read the report

—“NJPBA backs MacArthur” Read the report

—“NFIB likely to endorse Webber” Read the report

—“Trump paid big price for dumping Christie from transition, president’s former top aide says” Read the report

LOCAL

THE PEOPLE’S REPUBLIC OF LAMBERTVILLE — “28-Year-Old newcomer took on political machine and 9-term mayor in primary, and won,” by The New York Times’ Nick Corasaniti: “The welcome mat at the entryway to the home of this town’s likely next mayor reads, ‘The Patriarchy.’ ‘So you have to step on it before you come into our home,’ said Julia Fahl, 28. “We had that custom-made,’’ added Kari Osmond, 31, Mrs. Fahl’s wife and campaign manager. It is a fitting symbol of what Mrs. Fahl managed to pull off in this bucolic city along the Delaware River that draws visitors for its blend of antique shops, eclectic galleries and trendy restaurants. Mrs. Fahl, who had never run for office, upset a 61-year-old incumbent in June, Dave DelVecchio, who had been in office since Mrs. Fahl was born and is known to residents simply as ‘Mayor Dave.’ Mrs. Fahl mounted the first challenge in Mr. DelVecchio’s 27 years as mayor, a contentious race that for 97 days after her announcement to run engrossed this heavily Democratic community. As a young, energetic female candidate campaigning on a message of change, Mrs. Fahl has drawn some comparisons to Alexandria Ocasio-Cortez, the upstart 28-year-old Democratic candidate in New York who also upset an entrenched incumbent with a grass-roots campaign.” Read the report

ORANGE — “Crime, controversy, and an FBI probe. ‘Fed up’ residents say mayor’s got to go,’ by NJ Advance Media’s Karen Yi: “A group of residents is seeking to recall Orange Mayor Dwayne Warren from office, NJ Advance Media has learned. The city clerk confirmed Tuesday that she had certified a notice of intent to recall the mayor and approved the petition language last week. Clerk Joyce Lanier said the recall committee must collect signatures for 25 percent of all voters registered for the last general election, or about 4,051 signatures … Orange spokesman Keith Royster said the administration was aware of the petition. ‘Mayor Warren has always been a leader who leads our city through unity and citizen input. In the spirit of collaboration, the Mayor asks any and all residents to join him in meeting the challenges we must face together, as one community,’ Royster said in an emailed statement. ‘Those few individuals who want to engage in political theatre choose to ignore the will of the people who voted in the 2016 municipal election.’ But organizers of the recall say Warren’s tenure in Orange has been marked by federal investigations, mismanagement of city coffers and a recent spike in crime.” Read the report

FRANKLIN TAXPAYERS ABOUT TO GET MCHOSED — “Breastfeeding mom told to ‘cover up’ takes first step toward $1 million suit against Franklin,” by The New Jersey Herald’s Bruce A. Scruton: “The attorney for a mother who was ordered to ‘cover up‘ while she breastfed her child on the Franklin Pond beach has filed a tort claim against the borough, the first step in what could be a formal lawsuit against the municipality. The letter from Jason J. Guiliano, who has an office in Jefferson, said the lawsuit would be for $1 million and would be filed against the borough; Borough Administrator Alison McHose; Donna Vreeland, a part-time borough employee; and Mayor Nicholas Giordano. ‘However, it is Mrs. (defendant Michelle) Ayala’s desire to resolve this claim with as little further [embarrassment] to the Borough of Franklin as necessary, and out of an abundance of good faith and fair dealing’ that the Notice of Claim was filed, Guiliano wrote.” Read the report

RENAME SCHOOL BOARDS ‘CONGRESS’ AND CANDIDATES WILL TRIP OVER EACH OTHER TO GET ON THE BALLOT — “Trend continues with lack of school candidates for 2018 election,” by The Press of Atlantic City’s Claire Lowe: “This November, Somers Point will have a write-in-only campaign for five open seats on its school board due to lack of candidates handing in nominating petitions, but its not the only local board facing a similar problem. In the Press of Atlantic City coverage area, there are 82 races with just 21 contested. In 17 of the area school board races, there aren’t enough candidates for the number of open seats. The lack of school board candidates has been a consistent trend over the years with New Jersey School Boards Association reporting on average, only one candidate running per open seat annually. Experts have said that the large number of districts in the state is a contributing factor as is the amount of time required and the lack of pay for the all-volunteer positions.” Read the report

EITHER WAY YOU’LL FEEL LIKE YOU’RE FLOATING — “Egg Harbor City boat factory could become marijuana facility,” by The Press of Atlantic City’s Charlie Pritchard: “A local boat-maker is looking to get into the marijuana industry. City Council last week approved a resolution authorizing the preparation of a redevelopment plan for the Egg Harbor City Boat Co. building at Philadelphia Ave. and Duerer Street. Council voted 7-1 to approve the resolution, with Councilwoman Carol Kienzle casting the lone negative vote.” Read the report

POLITICO EDITORS BE ADVISED — “Medical marijuana user’s boss can drug test him, court says,” by NJ ADvance Media’s Bill Gallo Jr.: “A New Jersey business does not have to waive its requirement for mandatory drug testing for a worker who uses medical marijuana, a federal court has ruled. Daniel Cotto Jr. of Bridgeton had sued Ardagh Glass citing the New Jersey Law Against Discrimination after the company wouldn’t allow him to return to his job unless he submitted to breathalyzer and urine screenings. Ardagh asked that Cotto’s suit be dismissed, an action which was granted by Judge Robert B. Kugler sitting in U.S. District Court in Camden. ‘New Jersey law does not require private employers to waive drug tests for users of medical marijuana,’ Kugler wrote. The judge also noted ‘unless expressly provided for by statue, most courts have concluded that the decriminalization of medical marijuana does not shield employees from adverse employment actions.’” Read the report

YOUR ANNUAL REMINDER THAT EAST NEWARK AND GUTTENBERG EXIST — “School district merger plan doesn’t get passing grade in East Newark,” by The Jersey Journal’s Sam Carlinger: “Guttenberg and East Newark would lose ‘home rule’ over their small school districts under a tax-cutting proposal made by a panel of politicians, economists and academics … East Newark school officials aren’t too keen on the plan. ‘Parents love East Newark School District because it’s small; they feel part of the educational family as opposed to an educational bureaucracy,’ said East Newark schools Superintendent Richard Corbett. ‘It’s what makes East Newark special and I’m afraid that parents would lose that sense of family and community if the district was merged.’ Guttenberg officials did not return calls for comment. East Newark students attend Harrison High School, while Guttenberg students go to North Bergen High School.” Read the report

MAY I HAVE A BADGE, TOO? — “Angry retired cop with badge and teen face off in viral video,” by NJ Advance Media’s Taylor Tiamoyo Harris: “A video of a heated encounter between a man who identified himself as a captain with the Passaic County Sheriff’s Department and a teenager is making its way around social media, and not garnering many positive comments … The video begins with the off-duty officer telling the teen, ‘Don’t be a punk.’ The man then says he is a captain with the Passaic County Sheriff’s Department and flashes his badge in the boy’s face. The officer and the teenager exchange words and close physical proximity before a woman guides the man away. A uniformed Fair Lawn police officer is seen on the video watching the encounter, then the officer tells the teens to leave the area once the off-duty captain leaves.” Read the report

TIRED OF TAKING THEIR SH$T — Newark Receives $5.6M Settlement from East Orange Over Sewage Dispute,” by TAPINTO Newark Staff: “Newark received a $5.6 million settlement from East Orange, ending a seven-year legal battle over wastewater that runs through pipes of the state’s largest municipality. The wastewater produced by East Orange residents has a natural, gravitational flow into Newark’s Wastewater Collection System. Under a 1919 Sewer Agreement between the two municipalities, East Orange had to pay Newark a certain percentage based on its flow of wastewater to a treatment facility at the Passaic Valley Sewage Commission. However, Brick City realized it was being underpaid about seven years ago, going against the 1919 agreement between the two municipalities, Newark claimed. The case was so complex that the Superior Court appointed a special master to help navigate the issue.” Read the report

TODAY IN HATE — “KKK fliers dropped on Red Bank streets,” by The Asbury Park Press’ Andrew Goudsward: “Two bags containing fliers promoting the Ku Klux Klan have been left on borough streets in the last week, Police Chief Darren McConnell said. Police were called one evening last week after a bag weighed down with candy with fliers appearing to promote the KKK was found on Leighton Avenue, McConnell said.” Read the report

I WONDER WHY THE CHURCH LOBBIED AGAINST LIFTING THE NJ STATUTE OF LIMITATIONS ON CHILD SEX ABUSE LAWSUITS —“’Predator priest’ had served in Glen Rock, Cliffside Park, Hackensack,” by Deena Yellin and Katie Sobko: “Four priests with ties to New Jersey, including one with a long tenure in North Jersey, were among the 300 abusive priests in Pennsylvania who were protected by the Catholic Church, as detailed in an explosive grand jury report that was released Tuesday. A former priest at Holy Trinity Church in Hackensack, the Rev. Augustine Giella, was one of the 300 “predator priests” named in the report. Giella, who died in 1992, also served at St. Catharine’s in Glen Rock, the Church of the Epiphany in Cliffside Park and Our Lady of Sorrows in Jersey City before he transferred to Pennsylvania. He was facing charges of aggravated sexual assault on a child and child pornography at the time of his death.” Read the report

—“Every Seaside Heights beach will be closed to swimmers Thursday for the first time in over 20 years” Read the report

—“N.J. town denies illegally blocking Orthodox group’s expansion” Read the report

—“CD3 race puts Burlington freeholder seats in play” Read the report

—“Jersey City library branch to be named after the late Earl Morgan” Read the report

EVERYTHING ELSE

RON RICE: ‘MOST OF THESE CRASHES INVOLVED DELOREANS. IT’S LEGAL POT SMOKERS FROM THE FUTURE.’ — “AAA report shows drugged driving deaths are on the rise in NJ,” by NJTV’s Leah Mishkin: “Driving under the influence of drugs has increased significantly over the last decade in New Jersey. In 2015 and 2016, more drivers killed tested positive for drugs than alcohol. That hasn’t happened since 2007, according to a AAA Northeast report. “In New Jersey in 2016, 103 fatally injured drivers tested positive for drugs, 92 for alcohol,” said AAA Northeast spokesperson Robert Sinclair Jr. He says the increase is due to several factors, including a spike in opioid use and more states legalizing marijuana..” Read the report

R.I.P. — “Dexter, the emotional support peacock, has died, says owner,” by The Record’s Kaitlyn Kanzler: “Dexter, the emotional support peacock that made headlines all over the country for being denied entry on to a flight at Newark Airport, has died. His owner, New York City-based performance artist and photographer, Ventiko, posted on Instagram that Dexter died on July 22 in her arms. ‘His passing was sudden and unexpected,’ Ventiko said in the post. ‘Attempts were made to save him, but his doctor confirmed that nothing could have been done to alter his fate.’” Read the report

“NJ’s first case of West Nile virus confirmed; more mosquitoes test positive,” by The Record’s Jai Agnish: “The first case of human West Nile virus has been confirmed in New Jersey, which is also seeing a sharp rise of mosquitoes that carry the infection. The rise of West Nile virus-carrying mosquitoes reported so far this summer will be exacerbated, experts anticipate, by the recent heavy rains and floods. The most recent surveillance report available from July 29 to Aug. 4, shows 284 mosquito pools in 20 counties tested positive for West Nile Virus. This is 48 percent higher than last year at this time.” Read the report

—“Man accused of stealing pension money from deceased police officer’s kids” Read the report

—Kelly: “Wrestler at center of Bergen Catholic sex abuse lawsuit speaks out for the first time” Read the column

FOR MORE political and policy news from New Jersey, check out Politico New Jersey’s home page: http://politi.co/1JiYTDg

SUBSCRIBE to the Playbook family: POLITICO Playbook: http://politi.co/1phAeAC … New York Playbook: http://politi.co/1ON8bqW … Florida Playbook: http://politi.co/1JDm23W … New Jersey Playbook: http://politi.co/1HLKltF … Massachusetts Playbook: http://politi.co/1Nhtq5v … Illinois Playbook: http://politi.co/1N7u5sb … California Playbook: http://politi.co/1N8zdJU and our friends at POLITICO Brussels Playbook: http://politi.co/1FZeLcw … All our policy and political tipsheets http://politi.co/1M75UbX