New Jersey Administrative Code
Title - EXECUTIVE ORDERS
Title 55 - CHRIS CHRISTIE
Section - Executive Order No. 166 (2020)

Current through Register Vol. 56, No. 6, March 18, 2024

Governor Philip D. Murphy

Executive Order No. 166 (2020)

An Order Creating Greater Oversight and Accountability for Federal COVID-19 Resources

Issued: July 17, 2020.

Effective: July 17, 2020.

WHEREAS, in light of the dangers posed by Coronavirus Disease 2019 ("COVID-19"), I issued Executive Order No. 103 on March 9, 2020, the facts and circumstances of which are adopted by reference herein, which declared both a Public Health Emergency and State of Emergency; and

WHEREAS, to further protect the health, safety, and welfare of New Jersey residents by, among other things, reducing the rate of community spread of COVID-19, I issued Executive Order No. 104 on March 16, 2020, the facts and circumstances of which are also adopted by reference herein, which established statewide social mitigation strategies for combatting COVID-19, which have been strengthened and expanded upon in subsequent Executive Orders, including Executive Order Nos. 105-133, Nos. 135-138, and Nos. 140-165 (2020), the facts and circumstances of which are adopted by reference herein; and

WHEREAS, on March 13, 2020, the President of the United States declared a national emergency pursuant to his constitutional and statutory powers, including those granted by Sections 201 and 301 of the National Emergencies Act, 50 U.S.C. § 1601, et seq., and consistent with Section 1135 of the Social Security Act, as amended, 42 U.S.C. § 1320b-5; and

WHEREAS, also on March 13, 2020, the President determined that the COVID-19 pandemic was of sufficient severity and magnitude to warrant a nationwide emergency declaration under Section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ("Stafford Act"), 42 U.S.C. § 5121-5207, which remains in effect today; and

WHEREAS, on March 25, 2020, the President determined that the COVID-19 pandemic in New Jersey was of sufficient severity and magnitude to warrant a major disaster declaration under Section 401 of the Stafford Act, 42 U.S.C. § 5121-5207, which remains in effect today; and

WHEREAS, the Federal Government has established various sources of federal funding for state and local governments, businesses, non-profit organizations, and members of the public to support pandemic response [page=1588] and economic recovery, with state and local governments serving as intermediaries for the distribution of some of those funds; and

WHEREAS, New Jersey state and local governments, as well as non-government sources, are likely to make additional funding available to support pandemic response and economic recovery; and

WHEREAS, efficient and effective audit and oversight functions combined with robust transparency procedures foster government accountability, while increasing public trust and confidence that every public dollar is spent toward impactful recovery and resilience projects and programs; and

WHEREAS, New Jersey residents expect that government agencies will maintain adequate controls over financial management, contracting, financial reporting, and the delivery of government programs and activities with due regard to efficiency, effectiveness, and economy; and

WHEREAS, the distribution of emergency and relief funds to local government units, businesses, non-profit organizations, and the general public is a priority of my Administration, and the waste, fraud, or abuse of those funds would frustrate that purpose; and

WHEREAS, the Legislature established an independent Office of the State Comptroller ("State Comptroller") to report directly to the Governor and to promote accountability and oversight for the expenditure of public funds; and

WHEREAS, the provisions of this Order regarding the State Comptroller have been developed in consultation with and with the concurrence of the State Comptroller; and

WHEREAS, in addition to the COVID-19 pandemic, various hazards over the last decade, such as hurricanes, winter storms, floods, and other natural disasters, have caused severe physical damages and 3 economic impacts in New Jersey that have resulted in significant distributions of federal funds to residents and private entities, as well as to local, county, and State government facilities and operations; and

WHEREAS, the Governor's Office of Recovery & Rebuilding was created during the prior Administration pursuant to Executive Order No. 125 (2013) to coordinate the State's multi-billion dollar rebuilding effort following Superstorm Sandy, which caused unprecedented damages to the State's people, economy, infrastructure, and resources, and that Office continues to oversee various State-led and federally funded recovery, rebuilding, and resilience projects; and

WHEREAS, the Constitution and statutes of the State of New Jersey, particularly the provisions of N.J.S.A. 26:13-1et seq., N.J.S.A. App. A: 9-33 et seq., N.J.S.A. 38A:3-6.1, and N.J.S.A. 38A:2-4 and all amendments and supplements thereto, confer upon the Governor of the State of New Jersey certain emergency powers, which I have invoked;

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 ORDER and DIRECT: