Current through Register Vol. 56, No. 24, December 18, 2024
Governor Philip D. Murphy
Executive Order No. 89 (2019)
An Order Establishing the Statewide Climate Change
Resilience Strategy
Issued: October 29, 2019.
Effective: October 29, 2019.
WHEREAS, the scientific community has reached an overwhelming
consensus that due to increasing atmospheric levels of carbon dioxide and other
greenhouse gases from human activities, the Earth is warming, and temperature
increases are contributing to an increase in the frequency and intensity of
severe weather events, precipitation, and wind damage, as well as rising sea
levels; and
WHEREAS, New Jersey is especially vulnerable to the impacts of
sea level rise, increased flooding and other aspects of climate change, with
potentially disastrous consequences for public health and safety; and
WHEREAS, minority and low-income communities are
disproportionately affected by climate change, including by the health effects
of higher temperatures and increased air pollution and by the displacement of
coastal and low-lying neighborhoods from sea level rise and flooding;
and
WHEREAS, the severity of future impacts of climate change on
our State will directly depend on the willingness and ability of communities,
businesses, industries, and government entities to integrate climate change
considerations into planning and decisionmaking, and to become more resilient
and adapt to the effects of climate change; and
WHEREAS, studies show that each dollar spent to mitigate
hazards, including those associated with climate change impacts, results in a
six-fold decrease in spending on recovery; and
WHEREAS, it is the policy of this State that Executive Branch
departments and agencies shall take proactive and coordinated efforts, where
appropriate, to protect public health and safety and to promote and protect the
physical, economic, and social vitality and resilience of New Jersey's
communities from the current and anticipated impacts of climate change;
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:
1.
State of New Jersey Chief
Resilience Officer. The Commissioner of the Department of
Environmental Protection ("DEP") shall appoint a Chief Resilience Officer of
the State of New Jersey to lead development and implementation of the Statewide
Climate Change Resilience Strategy. The Chief Resilience Officer shall direct
and be supported by the Climate and Flood Resilience Program established herein
and shall be an employee of the State.
2.
Climate and Flood Resilience
Program. There is hereby established the Climate and Flood
Resilience Program within the DEP. The Climate and Flood Resilience Program,
under the direction of the Chief Resilience Officer, shall:
a. Develop a Scientific Report on Climate
Change based on existing data and the best available science regarding the
current and anticipated environmental effects of climate change in New Jersey,
including but not limited to increased temperatures, sea level rise, increased
frequency or severity of rainfall, storms and flooding, increased forest fires,
and increased frequency and severity of droughts, anticipated by scientists at
least through 2050;
b. Deliver the
Scientific Report on Climate Change to the Governor within 180 days of the
effective date of this Order and update and supplement the report as necessary,
but at least every two (2) years to reflect the latest available climate change
science;
c. Develop, with the
support of the Interagency Council on Climate Resilience, described fully
herein, the Statewide Climate Change Resilience Strategy, also described fully
herein;
d. Provide strategic
direction and support to the Interagency Council on Climate Resilience and
other cross-departmental climate change resilience initiatives, including
facilitating stakeholder engagement and input into recommendations;
e. Coordinate DEP's policies, programs, and
activities to plan for and address the current and anticipated impacts of
climate change;
f. Compile and
periodically update a directory of federal and State governmental grants and
financing programs available to assist Executive Branch departments and
agencies, counties, and municipalities to plan for, mitigate, and respond to
the impacts of climate change; and
g. Provide technical guidance and support to
counties and municipalities in their efforts to plan for and address the
current and anticipated impacts of climate change in accordance with the
Statewide Climate Change Resilience Strategy.
3. Interagency Council on Climate Resilience.
An Interagency Council on Climate Resilience (the "Interagency Council") is
hereby established to coordinate the efforts of Executive Branch departments
and agencies to develop and implement the Statewide Climate Change Resilience
Strategy. The Interagency Council shall develop consistent statewide policies
and actions and establish both short- and long-term action plans by which
Executive Branch departments and agencies will work both individually and
collectively to accomplish the goals of this Order.
a. The Commissioners or other agency heads of
the following Executive Branch departments and agencies, or their designees,
shall serve as members of the Interagency Council:
i. Department of Agriculture;
ii. Department of Banking and
Insurance;
iii. Department of
Community Affairs;
iv. Department
of Environmental Protection;
vi.
Department of Human Services;
vii.
Department of Law and Public Safety;
viii. Department of State;
ix. Department of Transportation;
x. Department of the Treasury;
xi. Board of Public Utilities;
xii. Economic Development
Authority;
xiii. New Jersey
Infrastructure Bank;
xv. New Jersey
Turnpike Authority; and
xvi. New
Jersey Office of Emergency Management.
b. The Governor may, as determined to be
appropriate, appoint additional members to the Interagency Council, who shall
serve at the pleasure of the Governor.
c. The Governor shall designate a Chair of
the Interagency Council. The Chief Resilience Officer shall also be a member
and serve as the Council's Vice-Chair.
d. The Chair, Vice-Chair, and the members of
the Interagency Council shall not be compensated in addition to the
compensation received, if any, as an employee or officer of the
State.
e. The Chair shall convene
an initial meeting of the Interagency Council within 45 days of the Governor's
appointment of the Chair. Subsequent meetings of the Interagency Council shall
be held as necessary at the call of the Chair, but not less frequently than
twice annually.
f. The Chief
Resilience Officer shall be prepared to provide an initial, preliminary
presentation on the best available science and preliminary recommendations and
guidance to the Interagency Council at its first meeting to further the
development of the Statewide Climate Change Resilience Strategy.
g. The Interagency Council is authorized to
establish appropriate rules of procedure for its meetings, sub-committees,
sharing of information, and development of work product, as consistent with
State law.
h. The Interagency
Council may establish, as necessary, subcommittees to execute tasks within this
Order or other climate-related activities of the State that warrant interagency
coordination.
i. The Interagency
Council shall be purely advisory in nature, and shall periodically report to
the Governor, outlining specific recommendations as directed in this
Order.
4. Statewide
Climate Change Resilience Strategy. By September 1, 2020, the Chief Resilience
Officer, with the support of the Interagency Council, shall deliver to the
Governor a Statewide Climate Change Resilience Strategy to promote the
long-term mitigation, adaptation, and resilience of New Jersey's economy,
communities, infrastructure, and natural resources throughout the State in a
manner consistent with the Scientific Report on Climate Change.
a. Recommendations. The Statewide Climate
Change Resilience Strategy shall include recommendations for actions the State
should take to mitigate and adapt to the effects of climate change, including
but not limited to the following measures:
i.
Identify methods that can be used to strengthen the resilience of New Jersey's
communities, infrastructure, economic sectors, and natural resources to climate
change impacts;
ii. Provide
guidance and strategies for Executive Branch departments and agencies,
municipalities, and regional planning agencies to implement resiliency
measures, including through changes to plans, by-laws, regulations, policies,
or land use standards;
iii. Promote
long-term water and energy resource security;
iv. Reduce the risk of wildfires in State
forests;
v. Reduce the risks to the
health of New Jersey residents that may accompany climate change, such as
increased vulnerability to extreme temperatures or increased incidence of
mosquito-borne or other diseases;
vi. Support sustainable and resilient
economic development;
vii. Identify
financing mechanisms, strategies, and opportunities for coordination to support
climate resilience measures, mitigation, and adaptation; and
viii. Any other measures the Chief Resilience
Officer determines necessary to prepare for, mitigate, and adapt to the impacts
of climate change.
b.
Coastal Resilience Plan. The Statewide Climate Change Resilience Strategy shall
include a Coastal Resilience Plan that recommends a specific long-term strategy
for climate change resilience and adaptation in the coastal areas of the State,
i.e., tidal and non-tidal waters, waterfronts, and inland areas along the
coast. The Coastal Resilience Plan shall include, at a minimum:
i. An assessment of the vulnerabilities of
communities located within the coastal areas to climate change effects such as
rising sea levels, increased flooding, and tidal and storm surge flooding
anticipated by the year 2050, including physical, economic, and social
vulnerabilities;
ii. A description
of the investments that the State, along with the federal government, local
governments, and other organizations, have already made or committed to make in
building the resilience of coastal communities, including hard and nature-based
resistance structures, planning guidance and assistance, and other resilience
and adaptation measures;
iii.
Recommended methodologies for decision-making for further investment of State
or federal funds in constructing additional hard or nature-based resilience
structures to prevent or mitigate impacts of climate change, or in adopting
other resilience or adaptation strategies;
iv. Recommendations for further actions to be
taken by the State to assist coastal communities in planning for, mitigating,
and adapting to the anticipated impacts of climate change; and
v. Recommendations for financing strategies
to fund the recommended resilience and adaptation measures.
c. The Statewide Climate Change
Resilience Strategy shall be updated as necessary and shall be reviewed at
least every two (2) years by the Chief Resilience Officer, with the support of
the Interagency Council, to ensure consistency with the Scientific Report on
Climate Change and with evolving scientific information.
5. Authority to Request Information or
Assistance. The Chief Resilience Officer and the Interagency Council shall be
authorized to call upon any State Agency to supply it with information or other
assistance as the Chief Resilience Officer and the Interagency Council
determines to be necessary to discharge their duties under this Order. Each
Executive Branch department and agency is hereby required, to the extent not
inconsistent with law and consistent with budgetary constraints, to cooperate
fully with the Chief Resilience Officer and the Interagency Council within the
limits of its statutory authority and to furnish them with such assistance on
as timely a basis as is necessary to accomplish the purpose of this
Order.
6. Coordination with
Academic or Research Institutions. The Chief Resilience Officer and the
Interagency Council shall consult with, and may seek the assistance of,
scientific experts at State universities, academic or research institutions,
and other expert organizations, for the purpose of developing the Scientific
Report on Climate Change and the Statewide Climate Change Resilience Strategy
prepared pursuant to paragraphs two (2) and four (4) of this Order.
7. State Development and Redevelopment Plan.
The State Planning Commission, based upon the Scientific Report on Climate
Change and the Statewide Climate Change Resilience Strategy, shall incorporate
climate change considerations, such as increasing temperatures, rising sea
levels, increased flooding, and increased vulnerability to droughts and forest
fires, as a mandatory requirement for State Development and Redevelopment Plan
endorsement of the development and redevelopment plans of local units of
government. The State Planning Commission shall, consistent with the
Administrative Procedure Act and as necessary or appropriate, amend its
regulations to incorporate these climate change considerations.
8. For purposes of this Order, "Executive
Branch departments and agencies" shall mean any of the principal departments in
the Executive Branch of State government and any agency, authority, board,
bureau, commission, division, institution, office, or other instrumentality
within or created by any such department, and any independent State authority,
commission, instrumentality, or agency over which the Governor exercises
executive authority, as determined by the Attorney General.
9. Nothing in this Order shall be construed
to confer any legal rights upon entities whose activities are regulated by
State entities, nothing shall be construed to create a private right of action
on behalf of any such regulated entities, and nothing shall be used as a basis
for legal challenges to rules, approvals, permits, licenses, or other actions
or inaction by a State entity. Nothing in this Order shall be construed to
supersede any federal, state, or local law.
10. This Order shall take effect
immediately.
