Building on his vision to develop a Statewide Climate Change Resiliency Strategy launched last year by signing Executive Order 89, on January 27, 2020, Governor Murphy signed Executive Order 100 (EO 100), which the Governor’s office described in a press release as directing the “most sweeping set of climate change reforms in the nation.” The EO labels the reforms as the “Protecting Against Climate Threats” regulations, or “PACT.”
EO 100 references the State’s Global Warming Response Act (“GWRA”), N.J.S.A. 26:2C-37, et seq., and the updated Energy Master Plan, which outlines seven “key strategies and includes an implementation plan that lays out next steps and timelines.” The seven key strategies are: 1) reducing energy consumption and emissions from the transportation sector; 2) accelerating deployment of renewable energy and distributed energy resources; 3) maximizing energy efficiency and conservation, and reducing peak demand; 4) reducing energy consumption and emissions from the building sector; 5) decarbonizing and modernizing New Jersey’s energy systems; 6) supporting community energy planning and action in underserved communities; and, 7) expanding the clean energy innovation economy.
It is in furtherance of these “key strategies” that EO 100 directs DEP to draft and implement “the sweeping suite of climate change regulations.” Most prominently, these regulations will include the establishment of a greenhouse gas monitoring and reporting program, and of new regulations aimed at reducing carbon dioxide emissions and “short-lived climate pollutants.” Additionally, the reforms will include changes to New Jersey’s environmental land use regulations “to incorporate climate change considerations into permitting decisions.” The latter specifically has already been met with both great support and controversy.
The ever-changing landscape of climate change resiliency and related rules and regulations will undoubtedly continue to develop. It is important that businesses, including developers and all others with land use concerns, remain abreast of these considerations.