Assembly Commerce and Economic Development Committee Statement to Assembly, Nos. 4803 and 4811 (2020)

Summary

An Assembly Commerce and Economic Development Committee statement to the Assembly Committee Substitute for Assembly, Nos. 4803 and 4811, State of New Jersey, dated October 21, 2020, reporting the substitute favorably. The substitute would require the New Jersey Office of Emergency Management to set up a process to evaluate and approve personal protective equipment (PPE) for public health emergencies, letting businesses not in the PPE business make it if approved. The State would create two PPE stockpiles, with, to the extent feasible, 50 percent made in New Jersey and at least 66 percent made in the United States. Non-profits would pay 75% of market price during public health emergencies.

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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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