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

Current through Register Vol. 56, No. 14, July 15, 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:
1. The Establishment of the Governor's Disaster Recovery Office. There shall be established a Governor's Disaster Recovery Office ("GDRO") within the Governor's Office, reporting to the Governor's Chief of Staff. The GDRO shall be led by an Executive Director, who shall work fulltime on the State's COVID-19 recovery, as well as any past or future disaster recovery or resilience efforts, and shall have experience in disaster recovery, public transparency, risk management, fraud prevention, and federal compliance. The GDRO shall be responsible for the following activities:
a. Coordinating the work of "COVID-19 Accountability Officers", as described in Paragraph 2(a) of this Order, to ensure cross-agency collaboration, compliance, and transparency;
b. Developing a transparency website within ninety (90) days of the date of this Order to track the State's eligible and planned uses of any funds disbursed by the federal or State government to help New Jersey residents, businesses, non-profit organizations, government agencies, and other entities respond to or recover from the COVID-19 pandemic ("COVID-19 Recovery Programs"), including any funds awarded to the State pursuant to the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. 116-136 ("COVID-19 Recovery Funds");
c. Coordinating and consulting with all relevant stakeholders regarding the disbursement of COVID-19 Recovery Funds and the administration of COVID-19 Recovery Programs, including:
i. State Executive Branch agencies;
ii. The Office of Diversity and Inclusion, within the Department of Treasury;
iii. Federal government agencies, including the Federal Emergency Management Agency, the U.S. Department of Health & Human Services, the U.S. Small Business Administration, the U.S. Department of Labor, the U.S. Department of the Treasury, the U.S. Department of Housing & Urban Development, the U.S. Army Corps of Engineers, and the U.S. Department of Education;
iv. Local and county government units; and
v. Non-governmental stakeholders, including the Governor's Restart and Recovery Commission as described in Executive Order No. 131 (2020), residents, the business community, and non-profit organizations engaged in COVID-19 disaster recovery activities;
d. Publishing an annual report summarizing the State's use of federal funds in response to COVID-19; and
e. Assuming the responsibilities of the Governor's Office of Recovery & Rebuilding, which will no longer exist.