Executive Order No. 244 (State of New Jersey, Governor Philip D. Murphy)
Summary
New Jersey Governor Philip D. Murphy signed Executive Order No. 244 'this 4th day of June, Two Thousand and Twenty-one', terminating the Public Health Emergency declared in Executive Order No. 103 on March 9, 2020, while the State of Emergency continues to exist for the management of the recovery. The order cites falling figures over the prior two months: hospitalized patients down from over 2,300 to under 500, positive tests from approximately 3,500 per day to several hundred, and spot positivity from 7-8 percent to under 2 percent. It reports approximately 9 million vaccine doses administered and over 4.2 million residents fully vaccinated. The order says Assembly Bill No. 5820, which Murphy had just signed, lets State agencies keep essential authorities after the Public Health Emergency ends. The order took effect immediately.
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Full text
EXECUTIVE ORDER NO. 244
WHEREAS, on March 9, 2020, through Executive Order No. 103,
the facts and circumstances of which are adopted by reference
herein, I declared both a Public Health Emergency and a State of
Emergency throughout the State due to the public health hazard
created by Coronavirus disease 2019 (“COVID-19”); and
WHEREAS, Executive Order No. 103 (2020) described both the
symptoms and dangers presented by COVID-19 and the likelihood of
community spread across the State, and it recognized the need to
use all available statewide authorities to prepare for and respond
to COVID-19 cases in New Jersey, to implement appropriate measures
to mitigate the spread of COVID-19, and to prepare in the event of
an increasing number of individuals requiring medical care or
hospitalization; and
WHEREAS, as COVID-19 continued to spread across New Jersey
and an increasing number of individuals required medical care or
hospitalization, I issued a series of Executive Orders pursuant to
my authority under the New Jersey Civilian Defense and Disaster
Control Act and the Emergency Health Powers Act (“EHPA”), to
protect the public health, safety, and welfare against the
emergency created by COVID-19, including Executive Order Nos. 104-
133, Nos. 135-138, Nos. 140-166, Nos. 168-173, No. 175, Nos. 177-
181, No. 183, Nos. 186-187, Nos. 189-198, No. 200, Nos. 203-204,
No. 207, and Nos. 210-211 (2020) and Nos. 214-216, Nos. 219-220,
Nos. 222-223, No. 225, Nos. 228-235, and Nos. 237-243 (2021), the
facts and circumstances of which are all adopted by reference
herein; and
WHEREAS, N.J.S.A. 26:13-3(b) establishes that a public health
emergency declared by the Governor shall automatically terminate
after 30 days, unless renewed for an additional 30 days through a
declaration of the Governor; and
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WHEREAS, on April 7, 2020, I issued Executive Order No. 119,
which declared that the Public Health Emergency declared in
Executive Order No. 103 (2020) continues to exist; and
WHEREAS, on May 6, 2020, I issued Executive Order No. 138,
which declared that the Public Health Emergency declared in
Executive Order No. 103 (2020) continues to exist; and
WHEREAS, on June 4, 2020, I issued Executive Order No. 151,
which declared that the Public Health Emergency declared in
Executive Order No. 103 (2020) continues to exist; and
WHEREAS, on July 2, 2020, I issued Executive Order No. 162,
which declared that the Public Health Emergency declared in
Executive Order No. 103 (2020) continues to exist; and
WHEREAS, on August 1, 2020, I issued Executive Order No. 171,
which declared that the Public Health Emergency declared in
Executive Order No. 103 (2020) continues to exist; and
WHEREAS, on August 27, 2020, I issued Executive Order No. 180,
which declared that the Public Health Emergency declared in
Executive Order No. 103 (2020) continues to exist; and
WHEREAS, on September 25, 2020, I issued Executive Order No.
186, which declared that the Public Health Emergency declared in
Executive Order No. 103 (2020) continues to exist; and
WHEREAS, on October 24, 2020, I issued Executive Order No.
191, which declared that the Public Health Emergency declared in
Executive Order No. 103 (2020) continues to exist; and
WHEREAS, on November 22, 2020, I issued Executive Order No.
200, which declared that the Public Health Emergency declared in
Executive Order No. 103 (2020) continues to exist; and
WHEREAS, on December 21, 2020, I issued Executive Order No.
210, which declared that the Public Health Emergency declared in
Executive Order No. 103 (2020) continues to exist; and
3
WHEREAS, on January 19, 2021, I issued Executive Order No.
215, which declared that the Public Health Emergency declared in
Executive Order No. 103 (2020) continues to exist; and
WHEREAS, on February 17, 2021, I issued Executive Order No.
222, which declared that the Public Health Emergency declared in
Executive Order No. 103 (2020) continues to exist; and
WHEREAS, on March 17, 2021, I issued Executive Order No. 231,
which declared that the Public Health Emergency declared in
Executive Order No. 103 (2020) continues to exist; and
WHEREAS, on April 15, 2021, I issued Executive Order No. 235,
which declared that the Public Health Emergency declared in
Executive Order No. 103 (2020) continues to exist; and
WHEREAS, on May 14, 2021, I issued Executive Order No. 240,
which declared that the Public Health Emergency declared in
Executive Order No. 103 (2020) continues to exist; and
WHEREAS, through Executive Order Nos. 119, 138, 151, 162,
171, 180, 186, 191, 200, and 210 (2020), and Nos. 215, 222, 231,
235, and 240 (2021), I declared that all Executive Orders and
Administrative Orders adopted in whole or in part in response to
the COVID-19 Public Health Emergency remained in full force and
effect; and
WHEREAS, due to the significant emergency measures the State
has taken in response to COVID-19, in the summer and fall of 2020
there was a decrease in the rate of reported new cases of COVID-19
in New Jersey, in the total number of individuals being admitted
to hospitals for COVID-19, and in the rate of reproduction for
COVID-19 infections in New Jersey; and
WHEREAS, given the progress the State had made based on these
emergency measures and after consultation with officials from the
Department of Health (“DOH”), I announced a multi-stage
New Jersey’s Road Back Plan (“Road Back Plan”) for the methodical
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and strategic reopening of businesses and activities based on
scientific data and metrics concerning the level of disease
transmission risk and essential classification; and
WHEREAS, in line with the Road Back Plan, the State had been
able to relax a number of restrictions, each time tailored to the
relative risk the activity presents, and additional restrictions on
outdoor and indoor businesses were lifted over the past several
months; and
WHEREAS, the fact that the spread of COVID-19 had been limited
by the State’s emergency measures did not previously suggest that
the Public Health Emergency had dissipated, because absent certain
mitigation measures, public health experts anticipated that the
spread of COVID-19 would again significantly increase; and
WHEREAS, in the past year, we have gained critical knowledge
regarding COVID-19, including a better understanding of the risks
associated with certain activities, the activities that are most
conducive to spread of the virus, and the safeguards that can be
implemented to mitigate those risks; and
WHEREAS, this information, together with expanded access to
testing, personal protective equipment, and other materials
necessary to protect individuals from spread of the virus, as well
as the ongoing COVID-19 Vaccination Plan (“Plan”) discussed below,
allowed the State to lift most restrictions, with exceptions for
certain settings of higher concern; and
WHEREAS, over the last two months, the number of hospitalized
patients has gone from over 2,300 to under 500, the number of
patients in intensive care has gone from over 450 to under 100,
and the number of ventilators in use has gone from over 230 to
under 65; and
5
WHEREAS, over the two months, the number of individuals
testing positive for COVID-19 has gone from approximately 3,500
per day to several hundred per day, and the weekday spot positivity
of COVID-19 tests has gone from 7-8 percent to under 2 percent;
and
WHEREAS, the rate of transmission in the State has remained
significantly below 1 for most of the last two months; and
WHEREAS, the COVID-19 Activity Level Report (“CALI Report”)
issued by the Communicable Disease Service in the New Jersey DOH
calculates COVID-19 activity levels throughout the State using the
case rate, percent of COVID-like illness, and percent positivity;
and
WHEREAS, the CALI Report for the week ending May 29, 2021,
presented an activity level of moderate throughout most of the
State, with the southeast region showing low activity level, down
from high as recently as mid-April; and
WHEREAS, as part of the State’s response to COVID-19, DOH has
created a comprehensive Plan to manage the receipt,
administration, and tracking of the vaccines developed to
inoculate the State’s residents and workforce against COVID-19;
and
WHEERAS, as part of that Plan, New Jersey set an initial goal
of fully vaccinating 70 percent of the eligible adult population
in New Jersey by June 30, equating to approximately 4.7 million
individuals; and
WHEREAS, the State has thus far administered approximately 9
million doses of COVID-19 vaccines, with over 4.9 million New
Jerseyans having received at least one dose of a vaccine and over
4.2 million having been fully vaccinated; and
6
WHEREAS, vaccine supply was previously constrained, but is
now sufficient to permit every eligible individual within the State
reasonable access; and
WHEREAS, the Centers for Disease Control and Prevention
(“CDC”) recently issued guidance regarding social distancing and
masking measures that reflects the low probability that fully
vaccinated individuals will transmit the virus and emphasizes the
significant protection against severe illness that the vaccine
provides individuals; and
WHEREAS, given the decisive decreases in key statistics, such
as the number of hospitalized patients in the State, the number of
daily positive COVID-19 cases, spot positivity, and the rate of
transmission, and the continuation of the State’s Plan, the State
has now lifted the vast majority of restrictions that were designed
to reduce transmission and spread of the virus; and
WHEREAS, despite the extensive progress made in combatting
COVID-19, there remains an ongoing threat necessitating that
certain actions taken pursuant to the powers granted under the
EHPA, including vaccine management, administration and tracking,
remain in place; and
WHEREAS, ongoing oversight of the State’s vaccination program
is particularly important as the rollout continues, as the State
prepares for additional groups of New Jerseyans to become eligible
for vaccination, and as the State prepares for the potential
necessity of booster doses in the future; and
WHEREAS, the CDC continues to highlight certain settings,
including schools and health care facilities, as places where
mitigation protocols are necessary; and
WHEREAS, the CDC also continues to release updated
recommendations regarding mitigation protocols that may require
the State to modify current policies and protocols; and
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WHEREAS, in light of that ongoing need, I have just signed
Assembly Bill No. 5820, which ensures that essential authorities,
including the power of State agencies to modify existing emergency
Orders and issue new Orders for certain purposes, can continue
after the termination of the Public Health Emergency declared in
Executive Order No. 103 (2020) to avoid disruption in New Jersey’s
emergency response; and
WHEREAS, neither the legislation nor this Order diminish the
existing authorities of State agencies, separate and apart from
any emergency powers; and
WHEREAS, the legislation also extends the effective period
for specified Executive Orders issued pursuant to Executive Order
No. 103 (2020) authorities, including but not limited to Orders
regarding statutory and regulatory deadline extensions that are
critical to wind down in a measured and thoughtful manner; and
WHEREAS, in light of this legislation becoming law, the Public
Health Emergency declared in Executive Order No. 103 (2020) can be
safely and responsibly lifted; and
WHEREAS, while the State has effectively curtailed the
immediate public health threat of the virus, the economic and
social impacts of the virus will require ongoing management and
oversight; and
WHEREAS, the State of Emergency declared in Executive Order
No. 103 (2020) pursuant to N.J.S.A. App.A.:9-33 et seq. must remain
in effect to allow for the continued management of New Jersey’s
recovery from and response to the COVID-19 pandemic;
NOW, THEREFORE, I, PHILIP D. MURPHY, Governor of the State of
New Jersey, by virtue of the authority vested in me by the
Constitution and by the Statutes of this State, do hereby DECLARE
and PROCLAIM:
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1. The Public Health Emergency declared in Executive Order
No. 103 (2020) pursuant to the EHPA, N.J.S.A. 26:13-1, et seq.,
is hereby terminated.
2. The State of Emergency declared in Executive Order No.
103 (2020) pursuant to N.J.S.A. App.A.:9-33 et seq. continues to
exist in the State of New Jersey.
3. This Order shall take effect immediately.
GIVEN, under my hand and seal this
4th day of June,
Two Thousand and Twenty-one,
and of the Independence of
the United States, the Two
Hundred and Forty-Fifth.
[seal]
/s/ Philip D. Murphy
Governor
Attest:
/s/ Parimal Garg
Chief Counsel to the Governor
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