NJ Ends COVID Public Health Emergency: Here's What It Means

NEW JERSEY – Gov. Phil Murphy signed a bill into law on Friday that ends the public health emergency but also codifies some executive orders, allowing the Murphy administration to retain some powers that he didn't have before the COVID crisis hit New Jersey in March 2020.

The bill would not currently change the actions Murphy has taken in recent weeks, such as lifting the order to wear masks and reopening businesses. But it could give him the ability to reimpose some of those rules if Murphy felt steps were needed to protect public health once again (see the list of powers below).

The fact that Murphy will retain some of his powers – such as rules regarding masking and vaccines – has drawn controversy and inspired a crowd outside the Statehouse in Trenton to chant and call for the lawmakers to reject it.

Republican lawmakers were critical of the legislation that passed along partisan lines on Thursday, saying it will give Murphy too much power when he doesn't need it anymore.

"Governor Murphy could continue forcing our children to wear masks when the next school year starts in the fall. He recently said that’s a possibility. Well, it shouldn’t be," said Sen. Steven Oroho. "Other restrictions that could continue under this bill would cause real harm to real people.

"People who own rental properties, for example, would have to wait until next year to seek relief for tenants who haven’t paid rent."

The Senate passed the legislation by a 21-16 vote while the Assembly approved it by 44-28 vote.

The legislation, which was negotiated with legislative leadership and sponsored by Senate President Steve Sweeney and Assembly Speaker Craig Coughlin, allows for the termination of the public health emergency while also allowing the administration to retain the tools necessary to manage the ongoing threat posed by the pandemic, lawmakers said.

Specifically, the Murphy administration is authorized to issue orders, directives, and waivers under the authority in the "Emergency Health Powers Act" that are related to:

• Vaccination efforts
• Testing
• Health resource and personnel allocation
• Data collection, retention, sharing, and access
• Coordination of local health departments
• Implementation of any Centers for Disease Control and Prevention recommendations to prevent the transmission of COVID-19.

This authority lasts until Jan. 11, 2022, and can be extended for 90 days with the passage of a concurrent resolution by the state Legislature.

“Today’s lifting of the COVID-19 Public Health Emergency is a clear and decisive step on the path toward normalcy,” said Murphy. “The past 15 months have been a challenge, and I thank every New Jerseyan who stayed home, masked up, took precautions to keep this virus in check, and got vaccinated for allowing us to get to this point. I also thank the Senate president and the speaker for working with us to responsibly end the public health emergency and meet the challenges ahead.”

The legislation keeps the following 14 executive orders in place until January 1, 2022, though they can be modified or rescinded prior to that date by the governor. They include:

• Any tenant, homeowner or any other person shall not be removed from a residential property as the result of an eviction or foreclosure proceeding.
• Health care facilities designated by the New Jersey Office of Emergency Management shall report data concerning their capacity and supplies on a daily basis.
• The Department of Community Affairs is authorized to reactivate, on a temporary basis the license of any healthcare professional previously licensed to practice in New Jersey who retired from active practice within the last five years.
• All property and casualty insurance companies, life insurance companies, insurance premium finance companies, health insurance companies, health maintenance organizations, health service corporations and other entities issuing health or dental benefits plans in this state shall not cancel during the emergency grace period any policy or contract as a result of nonpayment .
• Any pending deadline for production and certification of a permitting record shall be extended by the number of days of the Public Health Emergency plus an additional 90 days.
• Restaurants, cafeterias, dining establishments, and food courts, with or without a liquor license, bars, and all other holders of a liquor license with retail consumption privileges, are permitted to offer in-person service at outdoor areas, provided that the establishment complies with the following requirements, including social-distancing rules.
• All individuals, regardless of age, shall be enrolled in the state immunization registration system prior to or concurrent with receipt of a COVID-19 vaccination in New Jersey.
• No gas or electric public or municipal utility or privately or publicly owned water system shall discontinue any gas, electric, or water service to New Jersey residents,.
• Coronavirus financial assistance made available shall be exempt from any attachment, levy, execution, or garnishment.
• Youth summer camps, including residential and overnight camps, are permitted to operate provided that they comply with the 2021 COVID-19 Youth Summer Camp Standards and other applicable statutes, regulations, and executive orders.
• Individuals in indoor public spaces are not required to wear masks, regardless of their ability to maintain 6 feet of distance from other individuals or groups. In accordance with CDC recommendations, individuals who are not fully vaccinated should continue to wear masks in indoor public spaces.

Further, any administrative orders, directives, or waivers that relied on the existence of the public health emergency, including Department of Health orders that govern vaccinations and testing, are extended until January 11, 2022, officials said.

The governor is authorized to seek a further 90-day extension of such orders, directives, or waivers, which can be granted by a concurrent resolution passed by the Legislature.

The legislation also states the previous seven-day requirement for Open Public Records Act (OPRA) responses will be restored for records unrelated to the COVID-19 response.

Additionally, civil and criminal immunity given to health care professionals and facilities, including long-term care facilities, and existing waivers of regulations involving staffing ratios, overtime, shifts, and vacation time will expire on Sept. 1, 2021.

Civil immunity for health care professionals shall continue beyond Sept. 1, 2021 only for individuals specifically engaged in vaccinations or testing related to COVID-19.

With reporting from Russ Crespolini