New Jersey EO 100: Protecting Against Climate Threats (PACT); land use regulations and permitting
New Jersey Governor Murphy’s Executive Order No. 100, also known as PACT, is designed to help New Jersey both mitigate greenhouse gases, and adapt to climate change. The order directs the New Jersey Department of Environmental Protection (DEP) to make regulatory reforms for permitting development or construction at risk of the impacts of climate change. New projects will be required to take into account how climate change could impact the project, and the project's related GHG emissions. The rules would also apply to the construction of state-funded projects. New regulations are to be drafted by DEP and adopted by January 2022.
As stated in the order, the PACT regulations will:
- Establish a greenhouse gas monitoring and reporting program to identify all significant sources of statewide greenhouse gas emissions, including carbon dioxide and short-lived climate pollutants, and monitor progress towards the limits set forth in the Global Warming Response Act in accordance with N.J.S.A. 26:2C-41.
- Establish criteria that shall govern and reduce emissions of carbon dioxide and, where necessary, short-lived climate pollutants, including but not limited to, black carbon, hydrofluorocarbons, and methane.
- Integrate climate change considerations, such as sea level rise, into its regulatory and permitting programs, including but not limited to, land use permitting, water supply, stormwater and wastewater permitting and planning, air quality, and solid waste and site remediation permitting.
A study from Rutgers University in 2019 found that the sea level in New Jersey was rising more than two times faster than the global average. (Since 1911, the sea level rose 1.5 feet, compared with the global mean of 0.6 feet.) The EO also cites a 2019 study from the Rhodium Group that found an estimated $60 billion worth of homes and buildings facing increased risk of flooding from hurricanes and sea level rise on the New Jersey coast; and that the estimated annual potential loss from hurricane-related wind and flooding has increased to between $670 million and $1.3 billion.
Publication Date: January 27, 2020
- State of New Jersey
- Executive order