Committee Statement to Assembly, Nos. 4803 and 4811 - Assembly Commerce Committee (October 21, 2020)

Summary

A statement of the Assembly Commerce and Economic Development Committee to the Assembly on the Assembly Committee Substitute for Assembly Bill Nos. 4803 and 4811 of the State of New Jersey, dated October 21, 2020. The committee reports the substitute favorably. It would require the New Jersey Office of Emergency Management to establish a process to evaluate and approve personal protective equipment (PPE) for use during public health emergencies, and would require the State to create PPE stockpiles. To the extent feasible, 50 percent of each stockpile would be made in New Jersey and at least 66 percent made in the United States. The substitute would give limited protection against liability for injury or death to an entity or person using PPE approved through the process for approved purposes.

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ASSEMBLY COMMERCE AND ECONOMIC DEVELOPMENT
                COMMITTEE

                         STATEMENT TO

     ASSEMBLY COMMITTEE SUBSTITUTE FOR
            ASSEMBLY, Nos. 4803 and 4811

       STATE OF NEW JERSEY
                        DATED: OCTOBER 21, 2020

          The Assembly Commerce and Economic Development Committee
      reports favorably an Assembly Committee Substitute for Assembly
      Bill Nos. 4803 and 4811.
         This committee substitute would require the New Jersey Office
      of Emergency Management to establish a process to evaluate,
      provide feedback on, and approve personal protective equipment
      (PPE) for use during public health emergencies. The committee
      substitute would also require the State to create PPE stockpiles for
      the State.
         The approval process to be established under the committee
      substitute would allow businesses, that are not in the business of
      creating PPE, to create PPE during an emergency if those
      businesses are approved by the New Jersey Office of Emergency
      Management. During the COVID-19 pandemic, many businesses
      were not able to transition to creating PPE because the businesses
      were not approved by federal agencies. This issue exacerbated the
      shortage of PPE in the State.
         The committee substitute would provide an entity or person a
      limited protection against liability for injury or death that may be
      attributable to the entity’s or person’s use of PPE approved through
      the process established under the committee substitute if the entity
      or person used the PPE for approved purposes.
         The committee substitute would require the State to create two
      stockpiles of PPE. One stockpile would consist of federally
      approved PPE, and the other would consist of New Jersey Office of
      Emergency Management-approved PPE. To the extent feasible, 50
      percent of each stockpile would consist of PPE made in New Jersey,
      and at least 66 percent of each stockpile would consist of PPE made
      in the United States.
         During public health emergencies, the PPE in the stockpiles
      would be made available for free to the State and its political
      subdivisions. The remainder of the stockpiled PPE would be made
      available for purchase by private entities at market price, except
      that non-profits would pay 75% of market price during public health
      emergencies.


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