Updates from Governor Murphy
An updated list of Executive Orders can be found here
This page last updated: 5/29/2020
Executive Order 147: Governor Murphy signed Executive Order No. 147, allowing certain outdoor activities at recreational businesses, including archery ranges, batting cages, golf driving ranges, horseback riding, shooting ranges, and tennis clubs as well as community gardens to open with required social distancing measures in place. The Order takes effect on Friday, May 22 at 6:00 a.m.
Outdoor Recreational Businesses: To limit physical interactions, the Order requires outdoor recreational businesses that reopen to limit capacity to 10 people at one time and implement reasonable restrictions that include:
- Using electronic or telephone reservation and payment systems;
- Prohibiting impermissible gatherings;
- Installing physical barriers between employees and customers;
- Limiting the use of equipment to one person;
- Implementing social distancing measures in commonly used areas, including demarcation and signage;
- Infection control and hygiene practices;
- Providing sanitization materials to employees;
- Frequent sanitization of high-touch areas; and
- Limiting occupancy of restrooms.
Community Gardens: Governor Murphy’s Executive Order permits community gardens to reopen so long as they comply with the same restrictions implemented at parks under Executive Order No. 133.
All-Terrain Vehicle and Dirt Bike Rental Businesses: The Order allows all-terrain vehicle and dirt bike rental businesses to reopen to the public for “curb-side” pickup. Such businesses must comply with the same restrictions required for non-essential retail businesses.
Golf Courses: The Order relaxes four of the restrictions on golf courses, allowing them to expand tee-times to four players, allow the use of forecaddies, offer club and equipment rentals, and reopen restrooms with disinfecting and hygiene protocols in place.
The Order also recommends, but does not order, that people wear a face covering while in public settings at outdoor recreational businesses and community gardens when social distancing measures are difficult to maintain.
The order further clarifies that amusements parks and arcades, and other places of public amusement located at these businesses remain closed, including places of public amusement that are located at a place otherwise authorized to be open by any executive order issued after March 21, 2020, such as a boardwalk.
Executive Order 146: Governor Murphy signed Executive Order No. 146, which allows charter fishing services and for-hire vessel activities, as well as watercraft rental businesses, to open with required social distancing measures. These businesses can open on Sunday, May 17 at 6 am.
Executive Order 145: As part of the state’s effort to preserve the capacity of the health care system to respond to COVID-19, Governor Murphy signed Executive Order No. 109, directing the suspension of all elective surgeries and invasive procedures performed on adults that are scheduled to take place after 5:00 p.m. on Friday, March 27. The Governor’s Executive Order applies to all medical and dental operations that can be delayed without undue risk to the current or future health of the patient, as determined by the patient’s physician or dentist. In addition to the suspension outlined above, Governor Murphy’s Executive Order also requires the following:
- Protecting the capacity of hospitals: Physicians and dentists, who are planning to perform surgery or invasive procedures in their offices, must consider the potential burden of post-surgery complications on local hospitals prior to performing any operation.
- Explicit exemption for family planning and termination of pregnancies: The order provides that it shall not be interpreted in any way to limit access to family planning services, including termination of pregnancies.
- Inventory of personal protective equipment to be taken: Any business, non-hospital health care facility, or institution of higher learning in possession of PPE, ventilators, respirators, or anesthesia machines not required for the provision of critical health care services shall undertake an inventory of these supplies and send that information to the State by 5:00 pm on Friday, March 27. The Office of Emergency Management shall establish a process for affected entities to submit this information.
The Order requires facilities to immediately notify patients whose operations have to be suspended.
Executive Order 144: In an effort to protect all New Jersey voters from the spread of COVID-19, Governor Murphy signed an executive order to create a modified vote-by-mail election for the July 7th Primary. The order requires that each county’s elections officials send vote-by-mail ballots to all registered Democratic and Republican voters and send VBM ballot applications to unaffiliated and inactive voters. All VBM ballots and VBM ballot applications will come with pre-paid postage.
The order also requires opening a minimum of at least one polling place in each municipality, and provided that there are enough poll workers, a minimum of 50 percent of polling places in each county to provide New Jersey voters who may need access to in-person voting opportunities. Polling locations will be required to follow public health standards including ensuring six feet of distance, requiring poll workers to wear face coverings and gloves, frequent sanitization of high-touch areas, and providing sanitization materials to all individuals at a polling place.
Executive Order 143: Governor Murphy signed Executive Order No. 143, allowing beaches, boardwalks, lakes, and lakeshores to remain open with social distancing measures in place. The Order takes effect on Friday, May 22. Under Governor Murphy’s Executive Order, the following shall remain closed on private and public beaches, boardwalks, lakes, and lakeshores: water fountains, picnic areas, playgrounds, pavilions, indoor recreational facilities, and other buildings and facilities, such as visitor centers. There is an exception allowing bathrooms, showering areas, and changing areas to stay open.
Executive Order 142: As part of New Jersey’s Road Back, Governor Murphy signed Executive Order No. 142, permitting the resumption of non-essential construction, curbside pickup at non-essential retail businesses, and car gatherings for the purpose of drive-through and drive-in events. The construction and non-essential retail provisions will take effect at 6:00 a.m. on Monday, May 18, while the car gatherings provision will take effect immediately.
Executive Order 141: Governor Murphy signed Executive Order No. 141 mandating that all local, county, and regional health departments use the CommCare platform to support their contact tracing efforts. The Commissioner of the Department of Health will determine appropriate timing for this requirement. This coordinated regional approach will ensure support, training, oversight, and an accurate and centralized statewide database. The state will bear the cost of this technology platform.
Executive Order 140: Governor Murphy announced the formation of a statewide council of leaders to advise on New Jersey’s restart and recovery from the COVID-19 pandemic. The Governor’s Restart and Recovery Advisory Council will work in conjunction with the commission named last week and will bring together leaders from various industry, community, and faith-based groups and institutions across New Jersey to advise state leadership on economic issues impacted by the pandemic. In addition to focusing on issues surrounding the short-term restarting of New Jersey’s economy, this council also will begin the task of positioning the economy and creating a framework for the long-term recovery. The council will be co-chaired by New Jersey Secretary of Higher Education, Dr. Zakiya Smith Ellis, New Jersey Economic Development Authority CEO Tim Sullivan, and Choose New Jersey President and CEO Jose Lozano. The council will have nine subcommittees, each of which will be chaired by a council co-chair.
Executive Order 138: Governor Murphy signed Executive Order No. 138 which extends the Public Health Emergency declared on March 9, 2020 through Executive Order No. 103 and extended on April 7 through Executive Order No. 119. Under the Emergency Health Powers Act, a declared public health emergency expires after 30 days unless renewed. Executive Order No. 138 extends all Executive Orders issued under the Governor’s authority under the Emergency Health Powers Act. It also extends all actions taken by any Executive Branch departments and agencies in response to the Public Health Emergency presented by the COVID-19 outbreak.
Executive Order 137: To further address the ongoing fiscal disruption and uncertainties caused by COVID-19, Governor Murphy signed Executive Order No. 137, rescinding Executive Order No. 73 (2019), which directed the Department of the Treasury to achieve a $1.276 billion surplus by the end of this current fiscal year.
Executive Order 136: Governor Murphy signed Executive Order No. 136, extending statutory deadlines required under environmental laws for the length of New Jersey’s public health emergency. The order, which suspends timeframes for certain permit decisions and reporting, will ensure greater opportunities for public engagement while enabling the New Jersey Department of Environmental Protection (DEP) to conduct thorough environmental reviews.
Executive Order 135: Governor Murphy signed Executive Order No. 135, suspending in-person requirements for receipt of a marriage license and marriage ceremonies, and for the receipt of working papers for minors.
Executive Order 133: Governor Murphy signed Executive Order No. 133, reopening state parks and golf courses, and restoring the authority of county governments to determine whether county parks will be open or closed. The order takes effect at sunrise on Saturday, May 2.
State Parks and Forests: The order allows State parks and forests to open to the public for passive recreation, including fishing, hunting, boating, canoeing, hiking, walking, running or jogging, biking, birding, and horseback riding. Picnic areas, playgrounds, exercise stations and equipment, chartered watercraft services and rentals, swimming, pavilions, restrooms, and other buildings and facilities, such as visitor centers, interpretive centers, and interior historical sites, shall remain closed at this time. To limit physical interaction, the State parks and forests must implement reasonable restrictions that include:
- Limiting parking to 50% of maximum capacity and prohibiting parking in undesignated areas;
- Prohibiting picnics;
- Requiring social distancing to be practiced except with immediate family members, caretakers, household members, or romantic partners; and
- Banning organized or contact activities or sports; and gatherings of any kind.
The order also recommends that people wear a cloth face covering while in public settings at the parks and forests where social distancing measures are difficult to maintain.
County Parks: The order opens county parks to the public, except any parks closed by the county prior to Executive Order No. 118 that required all county parks be closed (the county will now have the ability to reopen its parks if it chooses). This will treat county parks the same way as municipal parks – the locality gets to determine whether they are open or closed. County and municipal parks that remain open must abide by the restrictions placed on State parks in today's Order.
All recreational campgrounds and transient camp sites at campgrounds shall remain closed to the public. Residential campgrounds, including mobile home parks, condo sites, and existing/renewing 2020 yearly seasonal contract sites may remain open. Counties and municipalities can also place restrictions on the ability of residential campgrounds, including mobile home parks, to accept new transient guests or seasonal tenants, as defined by Administrative Order Nos. 2020-08 and 2020-09.
Golf Courses: The order also opens golf courses so long as they adopt minimum social distancing policies that include:
- Implementing electronic or telephone reservation and payment systems while still providing options for populations that do not have access to internet service or credit cards;
- Extending tee times to sixteen minutes apart;
- Limiting the use of golf carts to one person unless being shared by immediate family members, caretakers, household members, or romantic partners;
- Requiring frequent, and after each use, sanitization of high-touch areas such as restroom facilities, range buckets, golf carts, and push carts;
- Restricting the touching of golf holes and flags;
- Closing golf center buildings, pro shops, and other buildings and amenities;
- Removing bunker rakes and other furniture-like benches, water coolers, and ball washers from the course;
- Discontinuing club and equipment rentals;
- Prohibiting the use of caddies; and
- Limiting tee times to two players unless the foursome consists of immediate family, caretakers, household members or romantic partners.
The golf course may impose additional restrictions as necessary to limit person-to-person interactions. The order also recommends, but does not order, that employees, players, and other individuals on the golf course wear cloth face coverings while on the golf course. Additionally, the order clarifies that miniature golf courses and driving ranges must remain closed.
Executive Order 132: Governor Murphy signed Executive Order No. 132, allowing county and municipal clerks to accept initiative and referendum petitions electronically, and allowing signatures for these petitions to be collected electronically. Under Governor Murphy’s executive order, a generic template of the online form for electronic signature and submission requirements shall be created by the Secretary of State, in consultation with the Department of Law and Public Safety. This form shall be available for use by May 1, 2020. Following the availability of the online form, county clerks and municipal clerks shall require that signatures for initiative and referendum petitions be gathered electronically. Hand signatures obtained prior to the effective date of this Executive Order shall also be accepted.
Executive Order 131: Governor Murphy signed Executive Order No. 131 creating a commission charged with advising the administration on the timing and preparation for New Jersey’s recovery from the COVID-19 shutdown. The Governor’s Restart and Recovery Commission will be comprised of 21 members, all with a vast wealth of experience in health care, business, finance, academics, and economics and will be chaired by Princeton Professor and former University President Shirley Tilghman and Ken Frazier, Chief Executive Officer of Merck and Co., Inc.
The Commission will begin virtual meetings immediately as the administration tackles the work of restarting the state and putting New Jerseyans back to work. Among the Commission’s first tasks will be to advise the governor on the timing of the restart as it aligns with predetermined public health metrics.
Among the major issues to be addressed by the Commission will be immediate questions surrounding the safe restart of society. The Commission will also address both short-term and long-term economic issues as well as areas such as public health, workforce issues, and transportation. The Commission will develop strategies for how the State and Federal government can support the economic recovery of the private sector and identify critical needs for federal support and intervention. Members will advise the administration on potential investments that will speed the recovery and position New Jersey’s economy for long-term success. Where possible, the Commission will identify opportunities for various sectors to be rebuilt to be well-positioned for both the economy of today and the economy of the future, while promoting equity for disadvantaged communities.
The focus of the Commission will be both national and statewide and three members of the Commission, Jeh Johnson, a partner at the law firm of Paul, Weiss, Rifkind, Wharton & Garrison, LLP and former U.S. Secretary of Homeland Security, Robert Wood Johnson Foundation President Richard Besser, and Chief of Staff George Helmy also will serve on the regional task force empaneled earlier this month that will include representatives from seven northeast states.
This Commission will stay empaneled as long as necessary to inform the restart and recovery of our state’s economy.
Members of the Commission are:
- Dr. Shirley M. Tilghman (Co-Chair) - Professor of Molecular Biology & Public Policy and President Emeritus of Princeton University
- Kenneth Frazier (Co-Chair) - Chairman and Chief Executive Officer of Merck & Co., Inc.
- Dr. Ben Bernanke - Distinguished Fellow in Residence at the Brookings Institution and former Chairman of the Board of Governors of the Federal Reserve System
- Dr. Richard Besser - President and CEO of the Robert Wood Johnson Foundation and former Acting Director for the Centers for Disease Control and Prevention (CDC)
- Evelyn McGee Colbert - Founding Board Member and President of the Board of Montclair Film and Vice President of Spartina Productions
- Tony Coscia - Chairman of the Board of Directors of the National Railroad Passenger Corporation (Amtrak), Partner and Executive Committee member of Windels Marx Lane & Mittendorf, LLP law firm and Chairman of Suez North America Inc.
- Jessica Gonzalez - Founder & Chief Executive Officer of InCharged, VendX, and Lux-UVC
- Dr. Jonathan Holloway - Incoming President of Rutgers University and former Provost of Northwestern University
- Lisa P. Jackson - Vice President of Environment, Policy and Social Initiatives at Apple Inc., former Administrator of the U.S. Environmental Protection Agency, and former Commissioner of the New Jersey Department of Environmental Protection
- Jeh Johnson - Former U.S. Secretary of Homeland Security and Partner at the law firm Paul, Weiss, Rifkind, Wharton & Garrison, LLP
- Charles Lowrey - Chairman and Chief Executive Officer of Prudential Financial, Inc.
- Denise Morrison - Founder of Denise Morrison & Associates, LLC and a Senior Advisor for PSP Partners. Former President and Chief Executive Officer of The Campbell Soup Company.
- Dr. William Rodgers - Professor of Public Policy and Chief Economist at the Heldrich Center for Workforce Development at Rutgers University. Former Chief Economist at the U.S. Department of Labor
- Neera Tanden - President and CEO of the Center for American Progress and the CEO of the Center for American Progress Action Fund
- Reverend Dr. Regena Thomas - Director of the Human Rights and Community Relations Department of the American Federation of Teachers (AFT) and former New Jersey Secretary of State
- Richard Trumka - President of the AFL-CIO
- Lieutenant Governor Sheila Oliver* - Lt. Governor, State of New Jersey
- George Helmy* - Chief of Staff, Office of Governor Phil Murphy
- Judith Persichilli* - New Jersey Department of Health Commissioner
- Matt Platkin* - Chief Counsel, Office of Governor Phil Murphy
- Kathleen Frangione* - Chief Policy Advisor, Office of Governor Phil Murphy
Executive Order 130: Governor Murphy signed Executive Order No. 130, which allows municipalities to extend the grace period for property tax payments due on May 1st to June 1st. Such an extension would provide much-needed relief to homeowners struggling financially as a result of the COVID-19 pandemic.
Executivce Order 129: Governor Murphy signed Executive Order No. 129, which extends Retired Officer Carry Permits by a period of 90 days until after the ongoing Public Health Emergency ends. The order also creates a process for individuals seeking to obtain or renew a Carry Permit to demonstrate the ability to safely handle and use a handgun as required by existing law.
Executivce Order 128: To provide additional options to tenants who are struggling financially as result of COVID-19, Governor Phil Murphy today signed Executive Order No. 128, allowing tenants to direct their landlords to use their security deposits to offset rent or back rent.
Governor Murphy’s executive order waives provisions of statutory law that prohibit the use of security deposits for rental payments, enabling tenants to instruct landlords to use their security deposits to offset rent or back rent. Tenants will not be obligated to make any further security deposit relating to their current lease agreement but would still be responsible for any monies landlords expend that would have been reimbursable via the security deposit as outlined in the original contract (i.e. damage to the property). However, should the tenant and landlord extend or renew their lease, then the tenant would be obligated to replenish the security deposit in full either six months following the end of the Public Health Emergency established by Executive Order No. 103 (2020), or on the date on which the current lease agreement is extended or renewed, whichever is later.
The order will take effect immediately and will be in place until 60 days after the public health emergency is terminated.
Executive Order 127: Governor Murphy signed Executive Order No. 127, extending various deadlines associated with rulemaking for state agencies until 90 days following the end of the public health emergency. The order additionally allows for any rules or emergency rules that would expire during the current public health emergency to be extended until 90 days following the end of the public health emergency.
Executive Order 126: Governor Murphy signed Executive Order No. 126, prohibiting cable and telecommunications providers from terminating Internet and voice service due to nonpayment until 30 days after the current public health emergency has ended. The order also mandates that all service downgrades, service reductions, or late fees due to nonpayment are prohibited unless they are imposed in accordance with a policy approved by the New Jersey Board of Public Utilities. Additionally, any Internet or voice service that was disconnected after March 16 due to nonpayment must be reconnected. Governor Murphy’s executive order directs the following:
- No cable or telecommunications provider that provides residential internet and voice services to New Jersey residents shall terminate such internet and voice service due to nonpayment as long as this Order remains in effect.
- A cable or telecommunications provider that provides residential internet and voice services to New Jersey residents may downgrade or otherwise reduce the quality of residential internet or voice services provided due to nonpayment only if acting pursuant to a policy approved in writing by the Board of Public Utilities as long as this Order remains in effect.
- A cable or telecommunications provider that provides residential internet and voice services to New Jersey residents may collect 1) a fee or charge imposed for late or otherwise untimely payments that become due from the date of this Order for residential internet or 2) a fee or charge imposed for voice service reconnections, other than what is described below, only if acting pursuant to a policy approved in writing by the Board of Public Utilities as long as this Order remains in effect.
- Any cable or telecommunications provider that provides residential internet and voice services to New Jersey residents shall, upon request of the customer, and at no cost to the customer beyond any actual costs incurred by the provider in reconnecting the service, reconnect any residential internet or voice service that was discontinued due to nonpayment after March 16, 2020, including where the disconnection was for unpaid bills incurred prior to March 16, 2020.
The order will take effect immediately and remain in effect until 30 days following the end of the public health emergency.
Executive Order 125: Governor Murphy signed Executive Order No. 125, imposing additional mitigation requirements on NJ TRANSIT and all private carriers to limit the spread of COVID-19. The order also outlines specific policies on restaurants that have remained open for takeout orders.
Executive Order 124: Governor Murphy signed Executive Order No. 124, establishing a process by which the Department of Corrections may grant temporary reprieve to certain at-risk inmates during the public health emergency. The Governor’s Executive Order creates the Emergency Medical Review Committee to make recommendations on which inmates should be placed on temporary home confinement through the Commissioner’s statutory furlough authority. All recommendations to place an individual on home confinement will be made after thorough review and consideration of the conditions that an individual may face in the community.
Executive Order 123: Governor Murphy signed Executive Order No. 123, extending grace periods during which certain insurance companies, including health insurers, life insurers, and property and casualty insurers, will not be able to cancel policies for nonpayment of premiums. Governor Murphy’s Executive Order makes the following changes:
- Extends minimum grace periods: A minimum 60-day grace period will be required for health and dental insurance policies, and a minimum 90-day grace period will be required for life insurance, insurance premium-financing arrangements, and property and casualty insurance, which includes auto, homeowners, and renters insurance. Insurance companies will be required to notify policyholders of this emergency grace period and to waive certain late fees, interest, or other charges associated with delays in premium payments as directed by the Commissioner of Banking and Insurance. Insurers will also be required to provide each policyholder with an easily readable written description of the terms of the extended grace period. The extended grace periods will not apply to employer-funded health plans, which under federal law, are regulated exclusively by the federal government.
- Requires insurance companies to pay claims during the grace period: Insurance companies will be required to pay any claim incurred during the emergency grace period that would be covered under the policy. The Order further prohibits insurance companies from seeking recoupment of any claims paid during the emergency grace period based on non-payment of premiums.
- Ensures that unpaid premiums are made payable over a lengthy period: To ensure that policyholders are not required to make a lump sum payment on unpaid premiums at the end of the grace period, any unpaid premium will be amortized over the remainder of the policy term or a period of up to 12 months, as appropriate and as directed by the Commissioner of Banking and Insurance.
Executive Order 122: Governor Murphy signed Executive Order No. 122, ceasing all non-essential construction projects and imposing additional mitigation requirements on essential retail businesses and essential industries to limit the spread of COVID-19 in New Jersey. The order also outlines specific protections and policies for all essential retail, manufacturing, and warehousing businesses, as well as businesses engaged in essential construction projects. Governor Murphy’s executive order directs the following:
Essential retail businesses that are still permitted to operate under Executive Order No. 107 (2020) must adopt the following policies:
- Limit occupancy at 50 percent of the stated maximum store capacity, if applicable, at one time;
- Establish hours of operation, wherever possible, that permit access solely to high-risk individuals, as defined by the CDC;
- Install a physical barrier, such as a shield guard, between customers and cashiers/baggers wherever feasible or otherwise ensure six feet of distance between those individuals, except at the moment of payment and/or exchange of goods;
- Require infection control practices, such as regular hand washing, coughing and sneezing etiquette, and proper tissue usage and disposal;
- Provide employees break time for repeated handwashing throughout the workday;
- Arrange for contactless pay options, pickup, and/or delivery of goods wherever feasible. Such policies shall, wherever possible, consider populations that do not have access to internet service;
- Provide sanitization materials, such as hand sanitizer and sanitizing wipes, to staff and customers;
- Require frequent sanitization of high-touch areas like restrooms, credit card machines, keypads, counters and shopping carts;
- Place conspicuous signage at entrances and throughout the store, if applicable, alerting staff and customers to the required six feet of physical distance;
- Demarcate six feet of spacing in check-out lines to demonstrate appropriate spacing for social distancing;
- Require workers and customers to wear cloth face coverings while on the premises, except where doing so would inhibit that individual’s health or where the individual is under two years of age, and require workers to wear gloves when in contact with customers or goods. Businesses must provide, at their expense, such face coverings and gloves for their employees. If a customer refuses to wear a cloth face covering for non-medical reasons and if such covering cannot be provided to the individual by the business at the point of entry, then the business must decline entry to the individual, unless if the business is providing medication, medical supplies, or food, in which case the business policy should provide alternate methods of pickup and/or delivery of such goods. Nothing in the stated policy should prevent workers or customers from wearing a surgical-grade mask or other more protective face covering if the individual is already in possession of such equipment, or if the business is otherwise required to provide such worker with more protective equipment due to the nature of the work involved. Where an individual declines to wear a face covering on store premises due to a medical condition that inhibits such usage, neither the essential retail business nor its staff shall require the individual to produce medical documentation verifying the stated condition.
The physical operations of all non-essential construction projects shall cease at 8:00 p.m. on Friday, April 10. “Essential construction projects” include the following:
- Projects necessary for the delivery of health care services, including but not limited to hospitals, other health care facilities, and pharmaceutical manufacturing facilities.
- Transportation projects, including roads, bridges, and mass transit facilities or physical infrastructure, including work done at airports or seaports.
- Utility projects, including those necessary for energy and electricity production and transmission, and any decommissioning of facilities used for electricity generation.
- Residential projects that are exclusively designated as affordable housing.
- Projects involving pre-K-12 schools, including but not limited to projects in Schools Development Authority districts, and projects involving higher education facilities.
- Projects already underway involving individual single-family homes, or an individual apartment unit where an individual already resides, with a construction crew of 5 or fewer individuals. This includes additions to single-family homes such as solar panels.
- Projects already underway involving a residential unit for which a tenant or buyer has already entered into a legally binding agreement to occupy the unit by a certain date, and construction is necessary to ensure the unit’s availability by that date.
- Projects involving facilities at which any one or more of the following takes place: the manufacture, distribution, storage, or servicing of goods or products that are sold by online retail businesses or essential retail businesses, as defined by Executive Order No. 107 (2020) and subsequent Administrative Orders adopted pursuant to that Order.
- Projects involving data centers or facilities that are critical to a business’s ability to function.
- Projects necessary for the delivery of essential social services, including homeless shelters.
- Any project necessary to support law enforcement agencies or first responder units in their response to the COVID-19 emergency.
- Any project that is ordered or contracted for by Federal, State, county, or municipal government, or any project that must be completed to meet a deadline established by the Federal government.
- Any work on a non-essential construction project that is required to physically secure the site of the project, ensure the structural integrity of any buildings on the site, abate any hazards that would exist on the site if the construction were to remain in its current condition, remediate a site, or otherwise ensure that the site and any buildings therein are appropriately protected and safe during the suspension of the project.
- Any emergency repairs necessary to ensure the health and safety of residents.
Manufacturing businesses, warehousing businesses, and businesses engaged in essential construction projects must adopt policies that include, at minimum, the following requirements:
- Prohibit non-essential visitors from entering the worksite;
- Limit worksite meetings, inductions, and workgroups to groups of fewer than ten individuals;
- Require individuals to maintain six feet or more distance between them wherever possible;
- Stagger work start and stop times where practicable to limit the number of individuals entering and leaving the worksite concurrently;
- Stagger lunch breaks and work times where practicable to enable operations to safely continue while utilizing the least number of individuals possible at the site;
- Restrict the number of individuals who can access common areas, such as restrooms and breakrooms, concurrently;
- Require workers and visitors to wear cloth face coverings, in accordance with CDC recommendations, while on the premises, except where doing so would inhibit the individual’s health or the individual is under two years of age, and require workers to wear gloves while on the premises. Businesses must provide, at their expense, such face coverings and gloves for their employees. If a visitor refuses to wear a cloth face covering for non-medical reasons and if such covering cannot be provided to the individual by the business at the point of entry, then businesses must decline entry to the individual. Nothing in the stated policy should prevent workers or visitors from wearing a surgical-grade mask or other more protective face covering if the individual is already in possession of such equipment, or if the businesses is otherwise required to provide such worker with more protective equipment due to the nature of the work involved. Where an individual declines to wear a face covering on the premises due to a medical condition that inhibits such usage, neither the business nor its staff shall require the individual to produce medical documentation verifying the stated condition.
- Require infection control practices, such as regular hand washing, coughing and sneezing etiquette, and proper tissue usage and disposal;
- Limit sharing of tools, equipment, and machinery;
- Provide sanitization materials, such as hand sanitizer and sanitizing wipes, to workers and visitors; and
- Require frequent sanitization of high-touch areas like restrooms, breakrooms, equipment, and machinery.
All essential retail businesses, warehousing businesses, manufacturing businesses, and businesses performing essential construction projects must also adopt policies that include, at minimum, the following requirements:
- Immediately separate and send home workers who appear to have symptoms consistent with COVID-19 illness upon arrival at work or who become sick during the day; and
- Promptly notify workers of any known exposure to COVID-19 at the worksite, consistent with the confidentiality requirements of the Americans with Disabilities Act and any other applicable laws;
- Clean and disinfect the worksite in accordance with CDC guidelines when a worker at the site has been diagnosed with COVID-19 illness;
- Continue to follow guidelines and directives issued by the New Jersey Department of Health, the CDC and the Occupational Health and Safety Administration, as applicable, for maintaining a clean, safe and healthy work environment.
Where a business is authorized to maintain in-person operations, owners of buildings used for commercial, industrial or other enterprises, including but not limited to facilities for warehousing, manufacturing, commercial offices, airports, grocery stores, universities, colleges, government, hotels, and residential buildings with at least 50 units, shall adopt policies that, at minimum, implement the following cleaning protocols in areas where operations are conducted:
Clean and disinfect high-touch areas routinely in accordance with CDC guidelines, particularly in spaces that are accessible to staff, customers, tenants, or other individuals, and ensure cleaning procedures following a known or potential exposure in a facility are in compliance with CDC recommendations;
Otherwise maintain cleaning procedures in all other areas of the facility; and
Ensure that the facility has a sufficient number of workers to perform the above protocols effectively and in a manner that ensures the safety of occupants, visitors, and workers.
The order will take effect on Friday, April 10, at 8:00 p.m.
Executive Order 121: Governor Murphy signed Executive Order No. 121, allowing an increase in the maximum weight limit on certain interstate highways and toll roads from 80,000 pounds (40 tons) tons to 92,000 pounds (46 tons) for vehicles transporting COVID-19 relief supplies. The Order allows vehicles carrying COVID-19 relief supplies to obtain special permits issued by the Department of Transportation in order to operate on certain state highways and toll roads at a weight limit of up to 92,000 pounds. The increased weight tolerance only applies to interstate highways within New Jersey, the New Jersey Turnpike, the Garden State Parkway from Exit 105 Southbound, and the Atlantic City Expressway. It does not apply to I-78 Eastbound and Westbound bridges at Milepost 8.71 over Norfolk Southern Railroad in Hunterdon County, I-80 Ramp D (Landing Rd SB to I-80 EB) at Milepost 28.91 over Landing Road Northbound in Morris County, and north of Exit 105 on the Garden State Parkway.
The Order shall take effect at 9:00 p.m. on Wednesday, April 8.
Permits can be obtained at https://www.state.nj.us/transportation/freight/trucking/oversize.shtm
Executive Order 120: Governor Phil Murphy signed Executive Order No. 120, postponing primary elections on Tuesday, June 2nd to Tuesday, July 7th in response to the ongoing COVID-19 pandemic. This includes primaries for President, the U.S. Senate, the U.S. House of Representatives, the 25th District of the New Jersey Legislature, and county and municipal elections, as well as county committee elections. Last month, Governor Murphy issued Executive Order No. 105, which delayed certain elections set to take place in March and April until May 12th.
- The Order also states that all deadlines for meeting statutory requirements for a primary election that are currently scheduled to occur after April 11 will be calculated using the July 7, 2020 primary election date. This would not affect any deadlines that 1) have already passed, such as the filing deadline for candidate petitions for the primary election, or 2) will pass prior to April 11. The only exception is the deadline for change of party affiliation declaration forms to be filed, which is currently scheduled for April 8 and will move to May 13.
- Additionally, independent candidate petitions will be due by 4:00 p.m. on July 7, 2020, and the electronic signature and submission requirements that were set forth in Executive Order No. 105 for primary candidates will be extended to these independent candidate petitions.
- Election rules have been modified during prior emergencies, including by Governor Kean in 1982 during a severe winter storm and by the Christie Administration in 2012 in the aftermath of Superstorm Sandy.
Executive Order 119: Governor Murphy signed Executive Order No. 119, which extends the Public Health Emergency declared on March 9, 2020 through Executive Order No. 103. Under the Emergency Health Powers Act, a declared public health emergency expires after 30 days unless renewed. Executive Order No. 119 extends all Executive Orders issued under the Governor’s authority under the Emergency Health Powers Act. It also extends all actions taken by any Executive Branch departments and agencies in response to the Public Health Emergency presented by the COVID-19 outbreak.
Executive Order 118: Governor Phil Murphy announced Executive Order 118, closing all state parks and forests and county parks to further social distancing measures. Under Executive Order No. 108 (2020), municipalities still have the authority to keep municipal parks open or closed.
The order shall take effect on Tuesday, April 7, at 8:00 p.m.
Executive Order 117: Governor Murphy signed Executive Order No. 117, which waives 2019-2020 statutory school year assessment requirements for eighth grade students and twelfth grade students who have not yet met the graduation assessment requirement due to the ongoing COVID-19 pandemic.
- The executive order waives the graduation assessment requirement for twelfth grade students who have not yet met the assessment requirement and planned to submit a portfolio appeal. These students no longer have to submit such an appeal in order to graduate. Approximately 13,000 students were expected to submit portfolio appeals this year.
- The order also waives the statutory requirement that a statewide assessment be administered to all eighth-grade students to assess progress toward mastery of graduation proficiency standards. Additionally, the order prohibits the use of student growth data as an evaluation tool for educators and waives the statutory requirement of three observations and evaluations for all non-tenured teaching staff for the 2019-2020 school year.
- Executive Order No. 117 follows the federal government's waiver on March 24, 2020 of a federal requirement that New Jersey administer annual statewide assessments. After the federal waiver was granted, Governor Murphy announced that all statewide assessments in New Jersey would be cancelled for the 2020 spring testing window.
Executive Order 116: Governor Murphy signed Executive Order No. 116, extending certain statutory deadlines for school districts with elections in May, including 1) the governing body of the municipality presenting and certifying a tax levy to the county board of taxation and 2) districts giving notice to nontenured teaching staff members whether they will be employed for the following year. Governor Murphy previously signed Executive Order No. 105, which postponed school board elections scheduled for April 21, 2020 until May 12, 2020. Governor Murphy’s Executive Order makes the following changes:
- Extends deadline for certifying tax levy to county tax board: If a proposed school budget is rejected by the voters on May 12, the May 19 deadline for presenting and certifying the tax levy to the county board of taxation is extended by three weeks to June 9. This gives the municipal government the same amount of time that it would normally have to respond to the vote and make adjustments to the budget.
- Extends deadline for notifying nontenured staff: For districts with elections being moved from April 21 to May 12, their deadline to give notice to nontenured teaching staff members about their employment for the following year is extended by three weeks from May 15 to June 5. This will give districts time, following a budget vote on May 12, to plan for the following year and set employment levels accordingly. The deadline for nontenured teaching staff members to accept such an offer of employment will be changed from June 1 to June 22.
- Extends school board terms: School board members whose statutory terms were set to expire following the April election will have their terms extended until the election in May.
Executive Order 115: Governor Murphy signed Executive Order No. 115, allowing retirees to return to State and local government employment without impacting their retirement pensions and removing restrictions on law enforcement’s ability to temporarily supplement their ranks. Governor Murphy’s Executive Order also enrolls newly hired State employees in the State Health Benefits Plan (SHBP) immediately upon hire. The SHBP enrollment only applies to new State employees hired in connection with COVID-19 response efforts. The Governor’s Executive Order makes the following changes to the State’s personnel policies for the duration of the public health emergency:
- Retirees: Retirees may return to public employment in any capacity, including full-time, part-time or as SLEOs, provided:
- The retiree has retired before the date of the executive order;
- The retiree has completed at least a 30-day separation from their employment, dating from the date of retirement or the date of board approval, whichever is later; and
- The retiree’s return to employment is necessitated by the COVID-19 pandemic.
- Special Law Enforcement Officers (SLEOs): The 25% SLEO cap is suspended and a municipality may employ the number of SLEOs as are necessary in the judgement of the law enforcement agency to address public health and safety.
- New Hires: Any individual hired by a State or local entity in response to the COVID-19 pandemic may immediately enroll in SHBP.
Executive Order 114: Governor Phil Murphy ordered that the U.S. and New Jersey flags be flown at half-staff at all state buildings and facilities indefinitely starting Friday, April 3rd, in recognition and mourning of all those who have lost their lives and been affected by COVID-19.
Executive Order 113: Governor Phil Murphy signed Executive Order No. 113, authorizing the New Jersey State Director of Emergency Management to use the Governor's full authority under the Disaster Control Act to commandeer personal services and/or real or personal property. This includes medical supplies and equipment from private companies and institutions in order to help meet the continued need for ventilators and Personal Protective Equipment (PPE) in the State in hospitals, health care facilities, and emergency response agencies due to the ongoing outbreak of COVID-19.
Executive Order 112: Governor Phil Murphy signed Executive Order No. 112, authorizing the Division of Consumer Affairs to temporarily reactivate the licenses of recently retired health care professionals and grant temporary licenses to doctors licensed in foreign countries. The executive order also temporarily permits certain health care professionals to perform acts outside of their ordinary scope of practice and grants broad civil immunity to health care professionals and facilities providing services in support of New Jersey’s COVID-19 response efforts who are acting in good faith. The executive order supplements the State’s existing health care workforce by:
- Authorizing the Division of Consumer Affairs to temporarily reactivate the licensees of healthcare professionals previously licensed in the State within the last five years. This will enable doctors, nurses, and other healthcare professionals who have recently retired or have allowed their licenses to lapse to temporarily reactivate their license.
- Authorizing the Division of Consumer Affairs to grant temporary medical licenses to doctors who are licensed and in good standing in foreign countries.
- Temporarily waiving certain scope of practice restrictions on Advanced Practice Nurses (APNs) related to physician collaboration, including a rule requiring that an APN enter into a joint protocol with a collaborating physician and a rule requiring APNs to obtain authorization from a collaborating physician in order to dispense narcotic drugs.
- Temporarily waiving certain scope of practice restrictions on Physician Assistants (PAs) related to physician supervision, including a rule requiring PAs to obtain physician authorization prior to prescribing a controlled dangerous substance.
Executive Order 111: Governor Phil Murphy signed Executive Order No. 111, directing health care facilities to report daily data concerning their capacity and supplies to the New Jersey Office of Emergency Management (OEM). The health care facilities subject to this requirement shall include licensed acute care hospitals, long-term care facilities, hospital systems, and emergency field treatment medical facilities, with OEM having the ability to make additions or clarifications to this list. The data required to be submitted, such as bed capacity, ventilators, and PPE, shall be specified by OEM. This reporting will be required by 10 a.m. on a daily basis starting Sunday, March 29.
Executive Order 110: Governor Murphy Signs Executive Order Requiring Child Care Centers Close on April 1 Unless Serving Children of Essential Workers
Governor Phil Murphy signed Executive Order No. 110, directing all child care centers in New Jersey to certify by Friday, March 27, that they will solely serve as emergency child care centers for the children of essential workers. Child care centers that do not certify that they can and will exclusively care for these children of essential workers must close by Wednesday, April 1.
Among the directives, the Governor’s executive order directs:
The Commissioner of the Department of Children and Families, in consultation with the Commissioners of the Departments of Education, Human Services, and Health, shall implement a plan permitting access to emergency child care services for the children of “essential persons.”
In order to be designated as an Emergency Child Care Center, any person or organization, requesting permission to stay open or resume operations on or after April 1, 2020, shall submit the certification form to the Commissioner of Children and Families for approval by Friday, March 27, 2020. If the certification form demonstrates that it will provide child care services exclusively to “essential persons” during the school closure period, and that it will follow all applicable emergency child care standards, the Commissioner shall authorize it to remain open or resume operations as an emergency child care center.
Any child care centers, including those as defined in this executive order, that fail to timely certify shall be closed to the public as of Wednesday, April 1, 2020, and remain closed through the school closure period. Centers shall receive notice of the Commissioner of Children and Families’ certification decision by Monday, March 30, 2020.
Child care centers, for purposes of this order, include entities providing care on a regular basis for children aged 0-13, including licensed child care centers.
For purposes of this order, essential persons shall include, but not be limited to: 1) Health care workers, including staff working in health care facilities and in community-based services including home health and behavioral health; 2) law enforcement personnel, fire and emergency services personnel, and staff at correctional facilities; 3) individuals employed at emergency child care centers operating on or after April 1, 2020; 4) staff working for entities that provide essential social services, including, but not limited to, group home and shelter staff; 5) essential government employees who are unable to work from home, including child protection services workers, child welfare workers, foster care workers, unemployment compensation processing staff, and public health employees; and 6) certain critical workers, as defined by the Commissioner of DCF, at essential retail businesses, as defined in Executive Order No. 107 (2020) and subsequent Administrative Orders. The Commissioner of DCF shall have the authority to make changes to this list.
To access the form for Child Care Centers, click here.
Executive Order 109: Governor Murphy Suspends All Elective Surgeries, Invasive Procedures to Preserve Essential Equipment and Hospital Capacity
As part of the state’s effort to preserve the capacity of the health care system to respond to COVID-19, Governor Phil Murphy signed Executive Order No. 109, directing the suspension of all elective surgeries and invasive procedures performed on adults that are scheduled to take place after 5:00 p.m. on Friday, March 27.
The Governor’s Executive Order applies to all medical and dental operations that can be delayed without undue risk to the current or future health of the patient, as determined by the patient’s physician or dentist.
Executive Order 108: Governor Murphy invalidates any county or municipal restriction that in any way will or might conflict with any of the provisions of Executive Order No. 107
Invalidates any county or municipal restriction that in any way will or might conflict with any of the provisions of Executive Order No. 107. Municipalities or counties cannot:
Make any additions to or deletions from the list of essential retail businesses;
Impose any additional limitations on businesses beyond the Governor's Order;
Impose any additional density or social distancing requirements;
Impose any additional restrictions on freedom of movement.
The only exceptions are two categories over which municipalities or counties may impose any additional restrictions:
Online marketplaces for arranging or offering lodging and;
Municipal or county parks.
All additional county and municipality restrictions, subject to the provisions above, are not only invalidated, but, going forward, municipalities or counties may not enact or enforce any rule or ordinance which will or might conflict with any of the provisions of Executive Order No. 107.
Executive Order 107: Governor Murphy directs all residents to stay at home until further notice
To mitigate the impact of COVID-19 and protect the capacity of New Jersey’s health care system for the state’s most vulnerable, Governor Phil Murphy signed Executive Order No. 107, directing all residents to stay at home until further notice. The order provides for certain exceptions, such as obtaining essential goods or services, seeking medical attention, visiting family or close friends, reporting to work, or engaging in outdoor activities.
In effort to strengthen the existing social distancing measures in place, the order also prohibits all gatherings of individuals, such as parties, celebrations, or other social events, unless otherwise authorized by the Order. When in public, individuals must practice social distancing and stay at least six feet apart whenever possible, excluding immediate family members, caretakers, household members, or romantic partners.
Governor Murphy’s Executive Order further directs the closure of all non-essential retail businesses to the public, with the exceptions of:
Grocery stores, farmer's markets and farms that sell directly to customers, and other food stores, including retailers that offer a varied assortment of foods comparable to what exists at a grocery store;
Pharmacies and medical marijuana dispensaries;
Medical supply stores;
Ancillary stores within healthcare facilities;
Hardware and home improvement stores;
Banks and other financial institutions;
Laundromats and dry-cleaning services;
Stores that principally sell supplies for children under five years;
Car dealerships, but only for auto maintenance and repair, and auto mechanics;
Printing and office supply shops;
Mail and delivery stores.
Nothing in the Order shall limit 1) the provision of health care or medical services; 2) access to essential services for low-income residents, such as food banks; 3) the operations of the media; 4) law enforcement agencies, or 5) the operations of the federal government.
Additionally, the order mandates that all businesses or non-profits, wherever practicable, must accommodate their workforce for telework or work-from-home arrangements. To the extent a business or non-profit has employees that cannot perform their functions via telework or work-from-home arrangements, the business or non-profit should make best efforts to reduce staff on site to the minimal number necessary to ensure that essential operations can continue.
Examples of employees who need to be present at their work site in order to perform their job duties include, but are not limited to, law enforcement officers, fire fighters, other first responders, cashiers or store clerks, construction workers, utility workers, repair workers, warehouse workers, lab researchers, IT maintenance workers, janitorial and custodial staff, and certain administrative staff.
The Order continues existing bans on recreational and entertainment businesses, requirements that all restaurants operate by delivery and takeout only, and the directive that all pre-K, elementary, and secondary schools close and all institutions of higher education cease in-person instruction.
Executive Order 106: Governor Murphy Enacts Moratorium on Removals of Individuals Due to Evictions or Foreclosures
- The Governor signed A-3859 into law, which explicitly provides authority to the Governor to issue an executive order declaring a moratorium on removing individuals from their homes pursuant to an eviction or foreclosure proceeding.
- The Governor then immediately signed Executive Order No. 106, which imposes such a moratorium.
- This move will ensure that no renter or homeowner is removed from their residence while this Order is in effect. These actions come a day after the U.S. Department of Housing and Urban Development, Fannie Mae, and Freddie Mac would be suspending all foreclosures and evictions for at least 60 days.
Executive Order 105: Governor Murphy Announces Changes to Upcoming New Jersey Elections in Response to COVID-19
- Governor Murphy signed Executive Order No. 105, implementing changes to upcoming elections to further mitigate the spread of COVID-19 and ensure that voters can exercise their right to vote without risking their health and safety. The executive order temporarily changes certain election procedures and changes the date of upcoming elections in an effort to protect voters and ensure fairness to candidates during this unprecedented crisis.
The Order specifically requires the following, effective immediately:
Candidates filing petitions for the March 30th deadline shall be able to submit their petitions online, in addition to in person, and the Secretary of State shall create an online form that allows voters to submit their signatures on petitions electronically.
The March 21, 2020 special election in Fire District 1 for the Township of Old Bridge and the March 31, 2020 special elections in the Township of West Amwell and Atlantic City shall be postponed until May 12, 2020, to be held concurrently with the municipal non-partisan elections currently scheduled for that date.
The school board elections scheduled for April 21, 2020 shall also be postponed until May 12, 2020, to be held concurrently with the municipal non-partisan elections currently scheduled for that date.
All elections scheduled for May 12, 2020, both before and after this Order takes effect, shall be conducted solely via vote-by-mail ballots.
Executive Order 104: Governor Murphy Announces Aggressive Social Distancing Measures to Mitigate Further Spread of COVID-19 in New Jersey
- Governor Murphy signed Executive Order No. 104, implementing aggressive social distancing measures to mitigate further spread of COVID-19 in New Jersey. Among the directives, Governor Murphy’s Executive Order indefinitely closes all public and private preschool, elementary and secondary schools, and institutions of higher education, as well as closes all casinos, racetracks, gyms, movie theaters, and performing arts centers. The order also mandates that all non-essential retail, recreational, and entertainment businesses must cease daily operations from 8:00 p.m. to 5:00 a.m. All restaurant establishments, with or without a liquor license, are limited to offering only delivery and/or take out-services only, both during daytime hours and after 8 pm.
In order to slow the spread of COVID-19, Governor Murphy’s executive order directs:
All gatherings of persons in the State of New Jersey shall be limited to 50 persons or fewer, with limited exceptions;
All public, private, and parochial preschool programs, and elementary and secondary schools, including charter and renaissance schools, will be closed beginning on Wednesday, March 18, 2020, and remain closed as long as the Order remains in effect;
Institutions of higher education will cease all in-person instruction beginning on Wednesday, March 18, 2020, and shall cease such in-person instruction as long as the Order remains in effect;
The Commissioner of Education shall continue working with each public, private, and parochial school to ensure students are able to continue their education through appropriate home instruction;
The Secretary of Agriculture and the Commissioner of Education shall take all necessary actions to ensure all students eligible for free or reduced meals will continue to receive the services necessary to meet nutritional needs during closures;
All casinos, concert venues, nightclubs, racetracks, gyms, fitness centers and classes, movie theaters, and performing arts centers will be closed to the public beginning on Monday, March 16, 2020 at 8:00 p.m. and remain closed as long as this Order remains in effect;
All other non-essential retail, recreational, and entertainment businesses must cease daily operations from 8:00 p.m. until 5:00 a.m.; and
All restaurant establishments, with or without a liquor or limited brewery license, are limited to offering delivery and/or take out-services only.
The order will take effect immediately.
Executive Order 103: Governor Murphy declares a State of Emergency and a Public Health Emergency, effective immediately
As part of the state’s coordinated response to address the novel coronavirus outbreak, Governor Murphy declared a State of Emergency and a Public Health Emergency, effective immediately, to ramp up New Jersey’s efforts to contain the spread of COVID-19. Executive Order No. 103 declares a state of emergency and public health emergency across all 21 counties in New Jersey, allowing state agencies and departments to utilize state resources to assist affected communities responding to and recovering from COVID-19 cases.
The declaration tasks the State Director of Emergency Management and Superintendent of the New Jersey State Police, Colonel Patrick Callahan, in conjunction with New Jersey Department of Health Commissioner, Judith Persichilli, to oversee the implementation of the State Emergency Operations plan and generally direct the State’s emergency response.
Additionally, the declaration triggers other executive powers and safeguards, such as prohibiting excessive price increases pursuant to New Jersey’s Consumer Fraud Act and the ability to waive certain procurement procedures to expedite the delivery of goods and services necessary for coronavirus preparedness and response efforts.
Governor Murphy’s emergency declaration also empowers all State agencies, specifically the Departments of Banking and Insurance, Health, Human Services, and the Civil Service Commission to take all appropriate steps to address the public health hazard of COVID-19.
Executive Order 102: Governor Murphy Signs Executive Order Establishing Coronavirus Task Force
- Governor Phil Murphy signed Executive Order No. 102, establishing the Coronavirus Task Force to coordinate all State efforts to appropriately prepare for and respond to the public health hazard posed by the novel coronavirus (2019-nCoV). Governor Murphy also noted that Newark Liberty International Airport will serve as one of eleven major airports in the United States authorized to receive flights from China that require enhanced entry screening for coronavirus.