NJ Lawmakers Push Big Changes To Gov. Murphy's COVID Management

NEW JERSEY — Lawmakers advanced legislation on Thursday that would compel Gov. Phil Murphy to make a big change to his management of the coronavirus.

Lawmakers from Murphy's own party are pushing the bill that would direct the Murphy administration to develop and implement a county-based mitigation plan that would allow more businesses to operate during a pandemic.

The Senate Commerce Committee, by a 5-0 vote, advanced the legislation on Thursday that was sponsored by two Democrats, Sen. Vin Gopal and Senate President Steve Sweeney.

“While New Jersey has been hit hard by the pandemic, each part of the state has been affected differently and at different times,” said Gopal, D-Monmouth. “This has made it especially difficult considering closures and re-openings since closures are determined on a statewide level, counties that may have few COVID-19 cases are being hit with the same restrictions as those areas being inundated with cases.

"By giving control to our county leaders, New Jersey counties can implement plans that are best suited for them at any given time.”

Gopal and Sweeney have attracted the state's leading business advocacy group as supporters.

“The entire economy and all of our tax revenue would not have to suffer as much with this scalpel approach instead of a blunter statewide edict, while public health will still be appropriately protected where necessary,” said Christopher Emigholz, vice president of government affairs for the New Jersey Business & Industry Association.

Emigholz provided testimony to the Senate Commerce Committee prior to its vote on Thursday.

The Murphy administration declined to comment on the legislation on Thursday, but the governor has defended his statewide approach to managing the coronavirus outbreak.

Last fall, Murphy nixed demands that New Jersey reopen businesses in the same way he's reopening schools, saying that education is not practiced in a "one-size-fits all" statewide fashion and "not every family is configured or looks the same and has the same degree of freedom as others."

Murphy, who lives in Monmouth County, said a regional approach wouldn't work if indoor dining was expanded in Bergen County and not in his home county. "I could drive up to Bergen County and have dinner," Murphy said. Read more: Gov. Murphy Nixes NJ Regional Reopen, Gym, Indoor Dining Restart

Under the lawmakers' proposal, the regional plan would be developed by using empirical data over a seven-day rolling average and establish three categories of risk that would be organized by the following colors:

• Red, which would indicate that there is an active outbreak and is the highest level of risk.
• Yellow, which would indicate that the risk of an outbreak is moderate.
• Green, which would indicate that the risk of an outbreak is low.

Once these categories are established, the governor would assign one of the categories to each of the state’s 21 counties and 565 municipalities, with additional consideration given to a county containing a jail, university or another large congregate facility.

The governor would then restrict business activity within a county based on the category. For an affected county with a population density greater than 1,500 persons per square mile, the governor could restrict business activity countywide or by the municipality.

If an affected county has a population density beneath 1,500 people per square mile, the governor could restrict business activity by the municipality.

Municipalities within an affected county may further restrict business activity if the town has reason to believe that, based on empirical data, they should be subject to restrictions beyond those mandated, according to the legislation.

“Our goal is that by enacting this bill, New Jersey counties can regain autonomy in making decisions that best benefit their community,” said Sweeney. “By implementing a color-coded reopening system for New Jersey based on local conditions and data, we will be able to effectively keep the economy open in correlation to how the virus is spreading in a specific area.”

Citing specific regional reopening approaches currently applied in New York and Pennsylvania, Emigholz said the intent of bill, S-3093, is to move New Jersey away from its one-size-fits-all model to benefit areas of the state less impacted by COVID-19.

The NJBIA has been advocating for a regional approach to safe reopenings since the summer, when the coronavirus curve had flattened but statewide restrictions remained.

Emigholz also said the bill would bring transparency, predictability and hope to New Jersey businesses through more data.

“To run a business, you need a plan, and it is hard to plan under the constant threat of unpredictable and unilateral restrictions from state government,” Emigholz said.

“This improved data usage available to all could eliminate a repeat of what happened last July 4th weekend, when a last-minute reversal forced many restaurants to waste resources for a planned reopening that never happened.”

The NJBIA also is going to court to limit Murphy's power since he vetoed a bill giving restaurants and bars more freedom amid the COVID-19 crisis. Read more: Gov. Murphy Defends NJ Dining Veto Amid Lawsuit Over COVID Powers

Murphy noted this week that the coronavirus numbers are much higher than they were during the summer, and daily fatality reports have exceeded 100 for the first time since spring. New Jersey also has had more than 6,000 new cases on some days, breaking the state's single-day mark.

Murphy on Tuesday also extended New Jersey's public health emergency amid the coronavirus crisis for the 10th time as the state continues to report its highest daily case numbers ever and fatalities surpassed the 20,000 mark.

The numbers have remained high even as New Jersey is scrambling to get the vaccine to more people. Read more: Gov. Murphy Extends NJ COVID Emergency, Addresses Vaccine Concern

"Given where we are currently, we must remain in a proper footing to continue responding to the challenges posed by the pandemic," he said.

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