Governor Murphy signed Executive Order 127 that states any pending deadline for filing of a recommended report and decision pursuant to N.J.S.A. 52:14B-10(c); and any pending deadline for adopting, rejecting or modifying a recommended report and decision, shall be extended by the number of days of the Public Health Emergency declared in Executive Order No. 103 (2020) plus an additional 90 days.

“We are seriously concerned that Governor Murphy’s EO 127 sides with polluters and bad practices. It gives the DEP Carte Blanche to take care of developers and polluters at the expense of the public. The EO allows DEP to comply with new environmental rules and extends their decision-making comment period but it does not expand public comment like NY does for 60 days. Overall, this EO will hurt the environment because major projects and plans on a state and local level are still moving forward. The SRL pipeline, the NESE project, the NJ Turnpike & GSP Expansion and still pushing through despite the pandemic,” said Jeff Tittel, Director of the New Jersey Sierra Club. “Our concern is that EO 127 allows DEP to play too many games without enough public oversight or input.”

For purposes of this Executive Order, “pending deadline” refers to any deadline falling during the Public Health Emergency declared in Executive Order No. 103 (2020) or within 30 days after the last day of the Public Health Emergency declared in Executive Order No. 103 (2020). This extension shall not apply to cases proceeding as emergent under applicable rules.

The EO 127 still allows NJ Turnpike and Parkway Capital plan to move forward. This will have tremendous environmental impacts long term. This is one of the biggest projects in state history that will at least 454 lane miles, almost 1 million cars per hour on our roads and cause major air pollution and sprawl,” said Tittel. “Since there is no stay in place, under EO 127, the SRL pipeline can continue construction in Monmouth and Burlington County. They are risking public safety by blocking traffic which is especially difficult for emergency vehicles. The SRL pipeline is built in redundancy and is not essential or even needed.”

Governor Murphy’s EO will not apply to amendments to Water Quality Management Plans like the high density 333 unit housing development along the C-1 Musconetcong River in Hamilton, NJ.

“The public cannot get information or comment on plans, but the state can still move forward on them under the EO. We have serious concerns that plans like the Water Quality Management Plan do not apply under Governor Murphy’s EO. This means that the high-density housing development at the Haberman Hampton Tract can still move forward with its proposal for a sewer service area along a high quality C-1 stream. This project will pave over environmentally sensitive areas and pollute our drinking water,” said Tittel.

NJ Sierra Club raise concerns that EO 127 could create a new extension period under the “Permit Extension Act of 2008” that covers permits in existence during the period in which the COVID-19 public health emergency or state of emergency is in effect. Such approvals cannot be extended beyond six months after the conclusion of the extension period.

“We have concerns that Governor Murphy’s EO will extend controversial permits for builders and developers, just like the Permit Extension Act has done before. Any time there is an emergency, this permit extension becomes an excuse to take care of developers and builders. It could allow projects where permits or approvals have expired within the past two years to be brought back to life, even if those projects would cause environmental harm or damage to public health. Many of these projects were grandfathered through exemptions and now would come back to life. These projects will not only promote sprawl and overdevelopment in Highlands but will hurt water quality,” said Tittel.

Throughout New Jersey, there are currently dozens of projects in front of local planning boards that would have detrimental impacts on water quality, greenhouse gas emissions, and more if approved. For example, there is a massive Jaindl Land Co. warehouse that has been proposed on environmentally sensitive farmland in White Township, and a similar project in Franklin Township in Hunterdon County. The Sewell Tract in Cape May is a housing development on environmentally sensitive wetlands that is currently in front of the planning board and also in front of DEP.

“Towns are using coronavirus to push through major controversial projects. Governor Murphy’s EO does not apply to local projects. Which means development projects like the Jaindl Land Co. massive warehouse proposal in White Township and a similar project in Franklin Township are still moving forward. We are very concerned that these projects could be approved without public participation. If they are not dealt with by the planning board by a certain time, they are automatically approved unless the applicant agrees to it. We are also concerned that town councils could be approving zone changes, rezonings and overlay zones without proper public input or hearings,” said Tittel. “The planning board should not be allowed to move forward on these projects without public participation because of the major impacts they would have on communities and the environment.”

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.

“We believe there are some positives but are concerned that there are more negatives with Governor Murphy’s EO. One of the positives is that certain DEP permit timelines that are automatically given will be extended. Because of the health emergency, giving more time on the permit or rule will give the public a better chance to understand that permit or rule,” said Jeff Tittel, Director of the New Jersey Sierra Club. “During this health emergency, it is critical for the public to have a say in permits that directly affect their lives. We should automatically extend permits for those that that can have a direct impact on our water and our overall environment. We have to make sure that during this pandemic, that we are protecting public health as part of it. It’s too important for too many people.”