New EOs Address Environmental Law Timeframes and State Surplus

Governor Murphy signed Executive Orders 136 and 137 on May 5, 2020. Executive Order 136 extends the statutory deadline for various environment laws, including deadlines for public notice, review, or final action on applications for, or renewals of permits, registrations, plans, petitions, licenses, rates, and other approvals under certain statutes administered by the state Department of Environmental Protection. For details, please read EO-136.

Executive Order 137 repeals Executive Order 73 signed in 2019. Executive Order 73 directed the Director of the Division of Budget and Accounting in the Department of the Treasury to identify and place into reserve items of appropriation in an amount sufficient to ensure that the State budget remains in balance while maintaining a responsible anticipated Fiscal Year 2020 closing undesignated fund balance of at least $875 million, in addition to making a $401 million deposit into the Surplus Revenue Fund (commonly referred to as the “Rainy Day Fund”) attributable to Fiscal Year 2019. Executive Order 137 also authorizes and directs The State Treasurer to continue, update, and expand, as necessary, their ongoing actions and activities in response to the COVID-19 pandemic. For details, please read EO-137.