Updates from the Governor's Office
|Executive Order||Executive Order/Administrative Order/Executive Directive||Effective Date|
|State parks and golf courses re-open||EO 133||May 2, 2020|
|Drive thru/Drive in events||EO 142||May 18, 2020|
|Non-essential construction resume; allows curbside pick up from non-essential businesses||EO 142||May 18, 2020|
|Beaches, boardwalks, lakes and lakeshores re-open||EO 143||May 22, 2020|
|Elective surgeries and invasive procedures resume||EO 145||May 27, 2020|
|Charter fishing services, for-hire vessel activities, watercraft businesses re-open||EO 146||May 17, 2020|
|Outdoor activities at recreation businesses including archery ranges, batting cages, golf driving ranges, horseback riding, shooting ranges, tennis clubs and community gardens||EO 147||May 22, 2020|
|Increased outdoor gathering limits in various settings; re-opens recreational campgrounds||EO 148||May 22, 2020|
|Horse racing continues with no spectators||AO 2020-14||June 1, 2020|
|Daycare re-opens (non-emergent)||EO 149||June 15, 2020|
|Outdoor non-contact sports permitted||EO 149||June 22, 2020|
|Youth day camps open||EO 149||July 6, 2020|
|In-person school programs run by school districts, charter schools, and renaissance schools||EO 149||July 6, 2020|
|Outdoor graduations up to 500 people||AO 2020-12||July 6, 2020|
|Outdoor dining re-opens||EO 150||June 15, 2020|
|Stay At Home Order Lifted||ED 20-2014||June 9, 2020|
|Indoor gathering increases to 25% of building capacity or 50; Outdoor gathering limit increases to 100||EO 153||June 22, 2020|
|Hair salons and hair braiding shops, barber shops, nail salons, electrology facilities, day and medical spas, tanning salons and tattoo parlors re-open; non-essential retail re-opens||Stage 2||June 22, 2020|
|Outdoor gathering limit increases to 250||Stage 2||June 22, 2020|
|Outdoor gathering limit increases to 500||Stage 2||July 3, 2020|
Governor Signs Executive Order Permitting Outdoor Dining & In-Person Non-Essential Retail
On Wednesday, June 3 Governor Murphy signed Executive Order 150 permitting outdoor dining and in-person non-essential retail effective Monday, June 15 at 6:00 a.m.
In-person service at outdoor areas for restaurants, cafeterias, dining establishments, and food courts, as well as picnic areas and pavilions open to the public, will be permitted starting Monday, June 15 at 6:00 a.m. The Division of Alcoholic Beverage Control has created a COVID-19 Expansion Permit to address establishments with liquor licenses. Please note that the take-out options are still permitted.
The order details the requirements that outdoor dining facilities must follow. The requirements include limiting capacity; satisfying the Department of Health standards, which includes obtaining all municipal approvals and permits before offering outdoor dining; ensuring group seatings are six feet apart in all directions; prohibiting patrons from entering the indoor premise except for walking through or use of the restroom, and requiring face covering while doing such; prohibiting smoking in the outdoor areas designated for food and drink service; and compliance with applicable local, State and federal regulations.
The order also permits municipalities to use their existing authority to permit food or beverage establishments to expand their footprint to outdoor areas, both within their property and in municipally-governed areas such as sidewalks, streets or parks. Municipalities that make outdoor shared spaces, such as sidewalks , streets or parks available for use by a food or beverage establishment, should equitably divided these spaces among food or beverage establishments that can feasibly use it. Please note if a municipality seeks to close off a State or county road they must obtain approval of the state or county as appropriate.
In-person Non-Essential Retail
The order permits brick-and-mortar premises of non-essential retail businesses that were closed to the public by Executive Order No. 107 can reopen to the public. Such businesses will be required to adopt the requirements outlined in Executive Order 122, paragraph 1. This includes limiting capacity to 50% of maximum capacity, installing physical barriers between customers and cashiers, and requiring workers and customers to wear face coverings, among other requirements.
Executive Order 149: Executive Order allowing the resumption of child care services, youth day camps, and organized sports.
On Friday, May 22nd, the Governor signed an Executive Order allowing for outdoor gatherings to be expanded from 10 to 25. Indoor gatherings will remain at 10. This order will also allow for the openings of public and private campgrounds immediately. The order does not pertain to outdoor dining or graduations. On this, the Governor indicated to have guidance early next week.
In the past week (5/18-5/22), the Governor signed the following Executive Orders as a result of the pandemic:
Executive Order 144: Executive Order to Protect Public Health by Mailing Every Registered Voter a VBM Ballot or Application Ahead of the Primary Election
Executive Order 145: Executive Order Allowing Elective Surgeries and Invasive Procedures to Resume on May 26
Executive Order 146: Executive Order to Reopen Charter Fishing and Watercraft Rental Businesses
Executive Order 147: Executive Order which authorizes certain outdoor activities at recreational businesses such as archery ranges, batting cages, golf driving ranges, horseback riding, shooting, ranges, tennis clubs, community gardens.
Executive Order 148 Governor Murphy Signs Executive Order Increasing Capacity Limit on Outdoor Gatherings
In the past week (5/11-5/15), the Governor signed the following Executive Orders as a result of the pandemic:
Executive Order 140, which creates and names the Restart and Recovery Advisory Committee.
Executive Order 141, mandating that all local, county, and regional health departments use the CommCare platform to support their contact tracing efforts.
Executive Order 142, Permitting Resumption of Non-Essential Construction, Curbside Pickup at Non-Essential Retail Businesses, and Gatherings in Cars. On Wednesday, Governor Murphy issued Executive Order 142, which pulls back some of the restrictions previously placed on nonessential retail businesses, construction projects, and social events. EO 142 permits the resumption of nonessential construction, curbside pickup at nonessential retail businesses, and car gatherings for the purpose of drive-through and drive-in events. The construction and nonessential retail provisions will take effect at 6:00 a.m. on Monday, May 18, 2020, while the car gathering provisions took effect immediately. While business and construction projects previously shutter can resume, they are subject to strict social distancing and mitigations guidelines and requirements. For more information on Executive Order 142 please see the League recent blog post.
Executive Order 143 permitting the reopening of all public and private beaches, boardwalks, lakes and lakeshores effective 6:00 a.m. on May 22, 2020 with certain parameters. While bathrooms, showering and changing areas can be open certain facilities and equipment, such as water fountains, picnic areas, playgrounds, amusement parks and arcades, pavilions, and water/splash parks will remain closed until further notice. For more information on Executive Order 143 please see the League recent blog post (insert link)
The Governor also announced expanded testing and contact tracing. The state will be able to administer 20,000 tests per day by the end of the month with the goal of 25,000 tests per day by the end of June. Currently there are 135 public and private testing sites operating in the State. The state is using mobile testing units. In addition to Rite Aid offering testing at 11 locations the Governor will announce CVS have swab and send testing at 50 locations by the end of month.
In light of the current pandemic, we remind you of NJ Mental Health Cares; the state’s behavioral health information and referral service offers assistance to people dealing with anxiety and stress related to the COVID-19 outbreak. Residents can call 1-866-202-HELP (4357) for free, confidential support. NJ Mental Health Cares will be answered from 8 a.m. to 8 p.m. seven days a week by live trained specialists.
According to the New Jersey Department of Labor, that have been over 930,000 new unemployment claims filed since the start of the state of emergency. There are now almost 622,000 collecting unemployment.
Governor Murphy Signs Executive Order Permitting Resumption of Non-Essential Construction, Curbside Pickup at Non-Essential Retail Businesses, and Gatherings in Cars
As part of New Jersey’s Road Back, Governor Phil Murphy today 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.
“I’ve been clear that data will determine dates, and what we are seeing gives us confidence that we can begin the careful restart of our economy,” said Governor Murphy. “Over the past eight weeks, New Jerseyans have taken our stay-at-home order seriously and have created the conditions that make this next phase possible. The steps we are taking allow for important standards of social distancing to continue with the return of safe, responsible business operations.”
Non-Essential Construction: The Order permits non-essential construction projects to resume effective at 6:00 a.m. on Monday, May 18. All construction projects must abide by the social distancing, safety, and sanitization requirements that are described in detail in the Governor’s Executive Order.
Curbside Pickup at Non-Essential Retail Businesses: The Order also permits non-essential retail businesses to allow curbside pickup of goods, beginning at 6:00 a.m. on Monday, May 18, but businesses must continue to have their in-store operations closed to customers. Businesses who choose to offer curbside pickup must abide by the requirements in the Order, which include but are not limited to the following:
- In-store operations should be limited to those employees who are responsible for the operations required for curbside pickup;
- Customer transactions should be handled in advance by phone, email, facsimile or other means that avoid person-to-person contact;
- Customers shall notify the retailer by text message, email, or phone once they arrive, or make best efforts to schedule their arrival time in advance. The customer should be asked to remain in their vehicle, if arriving by car, until store staff delivers the purchase;
- Designated employees should bring goods outside of the retail establishment and place goods directly in a customer’s vehicle when possible, avoiding person-to-person contact; and
- Such businesses must follow social distancing and mitigation practices outlined in previous orders, including requiring workers to wear cloth face coverings when in contact with other workers or customers and gloves when in contact with goods or customers.
Car Gatherings: The Order states that car gatherings do not violate the Governor’s ban on gatherings under Executive Order No. 107. Examples of such car gatherings include but are not limited to drive-in movies, religious services, or drive-through farms or safaris. Car gatherings will be subject to the restrictions in the Order, which include but are not limited to the following:
- Attendees must remain in their same car throughout the gathering, unless 1) an occupant needs to get out of the vehicle for their health or safety or 2) an occupant needs to use the restroom;
- The vehicle must remain closed at all times unless 1) there is six feet of distance between other vehicles or individuals or 2) an officer, public official or guard requires the vehicle to open. There is a further exception allowing the opening of the vehicle if necessary for health or safety;
- Individuals organizing the gathering who are not in vehicles must follow social distancing and wear cloth face coverings; and
- To the degree that a gathering requires pre-payment, or seeks donations of any kind, contactless options for pre-payment or donation, such as online or by telephone, must be offered wherever feasible.
Retail businesses operating in shopping malls are permitted to operate by curbside pickup, in accordance with the other requirements of this paragraph, but staff must bring the goods to customers at the exterior of the mall. The indoor portions of shopping malls must remain closed, as required by the Governor’s previous orders.
A copy of Executive Order No. 142 can be found here.
Executive Order 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 136, extending Statutory Deadlines for Various Environmental Laws.
Executive Order 137, Executive Order to Recognize New Fiscal Realities Due to COVID-19 Pandemic
Executive Order 138 continuing the public health emergency. Public health emergencies are for 30 days increments, so EO 138 was necessary to continue the current public health emergency.
Governor Murphy announced his plan for economic recovery through public health. Click the image below to view larger or to print.
Governor Murphy Signs Executive Order to Cease All Non-Essential Construction Projects and Imposes Additional Mitigation Requirements on Essential Retail Businesses and Industries to Limit the Spread of COVID-19
Governor Phil Murphy today 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 Signs Executive Order Closing State and County Parks to Further Social Distancing
On April 7, Governor Phil Murphy today 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. Middletown Township parks are currently open.
For a copy of Executive Order No. 118, click here.
Then on Wednesday April 8 Governor Murphy issued three new Executive Orders aimed at addressing the fallout out from the COVID-19 outbreak and efforts to “flatten the curve.” These three Executive Orders include:
Executive Order No. 120 which postpones the June 2, 2020 primary election to July 7, 2020 and makes changes to certain primary election related deadlines;
Executive Order No. 121 which allows greater weight limits for vehicles carrying COVID-19 relief supplies on certain State and Interstate roads; and
Executive Order No. 122 which eases all non-essential construction projects and imposes additional mitigation requirements on essential retail businesses and industries to limit the spread of COVID-19.
On Tuesday, April 7, Governor Murphy issued four new Executive Orders:
Executive Order 116, which regards school districts that hold May elections, extending the deadline for municipal review of a defeated school district budget, and certification of the tax levy to the county board of taxation. The Order also: extends the terms of office for current school board members; adjusts the terms of office for members elected on May 12; and adjusts the time frames concerning notification of non-tenured teaching staff about continued employment for the next school year, and employee acceptance of an offer of continuing employment.
Executive Order 117, which waives testing requirements for Eighth and 12th Grade students, waives graduation assessment requirements for those scheduled to graduate this year, and waives evaluation requirements for non-tenured teaching staff, for this school year.
Executive Order 118, which mandates the closure of all State and county parks. Decisions regarding the use of Municipal Parks remain under local control, so long as they remain in compliance with all other State public health restrictions.
Executive Order 119, which extends the Governor’s original declaration of the existence of a Public Health Emergency, throughout the State.
Governments to Impose Additional Restrictions on Hotels, Motels, Guest Houses, and Private Residences
Over the weekend, the Governor issued Administrative Order 2020-08, which authorizes local governments to impose additional restrictions on hotels, motels, guest houses, and private residences for certain guests or seasonal tenants.
On March 31, Governor Murphy and State Police Colonel Patrick Callahan enacted Administrative Order 2020-06 amending which businesses are permitted to operate and clarifying ways in which some businesses may operate in accordance with Executive Order No. 107 as follows:
- Individual appointments to view real estate with realtors by individuals or families shall be considered essential retail business. Open houses are still considered impermissible gatherings.
- Car dealers may continue to conduct online sales or remote sales that are consistent with current law. In the event of such a sale, the car may be delivered to the purchaser or the purchaser can pick up the car curbside or in the dealership service lane.
- In accordance with the guidance released by the federal Department of Homeland Security, effective Tuesday, March 31, 2020, at 8:00 a.m., firearms retailers are permitted to operate – by appointment only and during limited hours – to conduct business which, under law, must be done in person. The NICS background check system will be up and running to process firearms purchases.
- Golf courses are considered recreational and entertainment business that must close to the public and to members associated with private golf clubs.
In addition, the Governor also announced that the Division of Alcoholic Beverage Control (“ABC”) will be issuing guidance to allow microbreweries/brewpubs to provide home delivery to their customers. Home delivery had been prevented because of a ruling issued last May – ABC decided to relax that ruling today and allow for home delivery.
President Trump Issues Mayor Disaster Declaration in Response to COVID-19 Epidemic
President Trump issued a Major Disaster Declaration for the State of New Jersey. Below is a press release issued by Governor Murphy which indicates the benefits such a declaration has in receiving additional federal help.
Also below is a press release from the Governor announcing new initiatives by the NJ Economic Development Authority to support businesses impacted by COVID-19.
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 today 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.
“Our new reality calls for aggressive action to reduce the burden on our health care system and protect our frontline medical responders,” said Governor Murphy. “Given the dramatic shortfall in personal protective equipment we face, it’s imperative that we work with our partners in health care to strategically preserve supplies and equipment for emergency purposes only.”
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.
For a copy of Executive Order No. 109, please click HERE.
Executive Order No. 108
This Order clearly invalidates all county and municipal restrictions imposed in response to COVID-19 that conflict in any way with the provisions of Executive Order No. 107, which now encompasses all the emergency restrictions on individuals and businesses that have been put in place. It also says that no county or municipality may adopt or enforce any such restriction going forward. Examples of such restrictions, now impermissible, include the following:
• Any additions to or deletions from the list of retail businesses deemed essential;
• Any limit on any business’s scope of service or hours of operation;
• Any density or social distancing requirements; or
• Any general restrictions on freedom of movement, including curfews.
For a copy of Executive Order No. 108, please click HERE.
Executive Order 107: Statewide Stay at Home Order, Closure of All Non-Essential Retail Businesses
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 today 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;
• Gas stations;
• Convenience 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;
• Pet stores;
• Liquor stores;
• Car dealerships, but only for auto maintenance and repair, and auto mechanics;
• Printing and office supply shops;
• Mail and delivery stores.
Executive Order 105: Governor Signs Executive Order on Elections
On Thursday, March 19, Governor Murphy signed Executive Order 105 regarding upcoming elections against the backdrop of the State of Emergency in place because of the COVID19 pandemic. To summarize:
- All March and April elections will be moved to Tuesday, May 12. Petitions may still be filed in person if complete but going forward the petition process will be moved online. An online petition form will be set up online and the March 30 deadline will remain in place. The May elections will be conducted through Vote-By-Mail with VBM ballots automatically sent to all voters. More details are at Elections.NJ.Gov
- The June primary is not impacted, except for the petition process.
- The Governor also announced the closure of personal care businesses at 8:00 PM tonight, such as barbershops, hair salons, nail salons, tattoo parlors and massage parlors.
Executive Order 104: Updates from New Jersey Governor Phil Murphy
On Monday, March 16, Governor Murphy signed Executive Order No. 104, implementing aggressive social distancing measures to mitigate further spread of COVID-19 in New Jersey.
Governor Murphy’s directives include:
- All non-essential travel is “strongly discouraged” between the hours of 8 p.m. and 5 a.m. for the foreseeable future and while this is not a curfew, everyone in New Jersey is urged to do their part to prevent spreading the illness;
- 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.