Comparison Chart:
Cap 2.0 versus Previous 4% Limit

On July 13, Governor Christie signed a new 2-percent local property tax levy cap into law. The cap affects local school district, municipal and county budgets. It differs significantly from the previous 4-percent tax levy cap. This week, School Board Notes presents the following chart to help school board members note key differences between New Jersey’s new Cap 2.0 and the previous law.

  Previous 4% Cap New 2.0% Cap
PRIME MOVERS Senate and Assembly leadership Gov. Christie and Sen. President Sweeney
METHOD OF ENACTMENT
  • Signed into law by then-Gov. Jon Corzine in April 2007 as P.L.2007, c.62
  • Passed during Legislature’s Special Session Property Tax Reform (2006-2007)
  • Signed into law by Gov. Christie on July 13, 2010 as P.L.2010, c.44.
  • Differs from the governor’s original plan to implement a cap through a Constitutional amendment. As a result, future change could take place through legislation, including provisions in the annual state budget.
EFFECTIVE PERIOD
  • Would have expired after the 2011-2012 school budget year
  • If lawmakers had not adopted a new cap before then, the previous “S-1701 cap” would have returned.
    • S-1701 placed a 2.5% cap on increases in total school revenue (property tax, state funding, federal aid), enabling property tax levy increases to make up for flat or reduced state aid
  • To become effective 2010-2011
  • Permanent (no expiration)
ALLOWABLE PROPERTY
TAX INCREASE

4%

2%

BASIS Previous year’s school tax levy, adjusted for enrollment increases and debt service Previous year’s school tax levy, adjusted for enrollment increases and debt service
OTHER ADJUSTMENTS
  • Reduction in state aid
  • Health benefits cost increases
  • Pension cost increases
  • Health benefits cost increases
  • Pension cost Increases
  • Emergency situations (does not apply to school districts)
COMMISSIONER OF
EDUCATION WAIVERS
  • Inability to meet state core academic standards
  • New school start-up costs
  • Appropriation of non-recurring revenues
  • Cost increases above 4% for the following:
    • Energy
    • Capital outlay
    • Extraordinary special education costs
    • Tuition (sending-receiving, vocational)
    • Insurance premiums
  • Failure to meet NJQSAC
  • Student Health and Safety
Inability to meet state core academic standards as indicated in NJQSAC review.
SECOND QUESTIONS Supermajority (60%) of participating voters may approve question to spend above cap for specific purposes not related to the provision of a thorough and efficient education. Simple majority of participating voters may approve question to spend above cap for specific purposes not related to the provision of a thorough and efficient education.
CAP BANKING
(Application of “unused” portion of district’s current-year cap to future years’ tax levy increases.)
Not permitted Allowed