SENATE, No. 3117

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED NOVEMBER 5, 2020

 


 

Sponsored by:

Senator  DAWN MARIE ADDIEGO

District 8 (Atlantic, Burlington and Camden)

Senator  NELLIE POU

District 35 (Bergen and Passaic)

 

Co-Sponsored by:

Senators Gopal and Singleton

 

 

 

 

SYNOPSIS

     Requires that State establish and manage stockpile of personal protective equipment and encourage manufacturing of personal protective equipment in State.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning the establishment and management of a State stockpile of personal protective equipment and supplementing Title 26 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  Notwithstanding any other provision of law to the contrary, the Director of the State Office of Emergency Management, in consultation with the Commissioner of the Department of Health, shall promulgate rules and regulations necessary to acquire, stockpile, and distribute personal protective equipment to mitigate the effects of exposure to chemical or biological agents, including novel coronaviruses.  The State stockpile shall be sufficient to enable health care workers, health care facilities, and emergency responders to operate and provide services in a safe manner for a period of 90 days during a state of emergency or public health emergency declared by the Governor.

     The rules and regulations shall include provisions concerning: (1) the monitoring and inspection procedures for stockpiled personal protective equipment; (2) the maintenance and management of a central database for the monitoring of stockpiled personal protective equipment; (3) the distribution and replacement of stockpiled personal protective equipment; (4) the maintenance and retention of records of information from monitoring activities; (5) the submission to the Department of Health and Office of Emergency Management of monitoring reports; (6) any collaboration protocols with neighboring states to ensure an adequate State stockpile of equipment; and (7) any other related information as the Commissioner of Health may require.

     b.    The Division of Purchase and Property in the Department of the Treasury shall work cooperatively with manufacturers in the State to explore opportunities to manufacture personal protective equipment for the State stockpile of equipment, pursuant to the provisions of subsection a. of this section.

     c.     As used in this section, “personal protective equipment” means protective clothing, helmets, goggles, face masks, respirators, or other garments or equipment designed to protect the wearer from injury or the spread of infection or illness.

     d.    The rules and regulations established pursuant to this section shall be effective immediately upon filing with the Office of Administrative Law for a period not to exceed 18 months, and may, thereafter, be amended, adopted or readopted in accordance with the provisions of the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.).

 

     2.    This act shall take effect immediately.

STATEMENT

 

     This bill requires that the State establish and manage a stockpile of personal protective equipment (PPE) and encourage the manufacturing of PPE in the State.

     The coronavirus disease 2019 (COVID-19) pandemic has caused several issues, including access to PPE during the state of emergency and public health emergency declared by the Governor.  New Jersey’s supply of PPE and the subsequent bidding for PPE supplies among the 50 states and federal government led to increasingly difficult decisions for hospitals and emergency care facilities across the State.  In some instances, healthcare professionals in areas hardest hit by COVID-19 were forced to re-use PPE supplies, such as protective masks.  This created a dangerous environment for the healthcare professionals and citizens of the State.

     This bill requires the State to establish a stockpile of PPE.  The Office of Emergency Management (OEM), in consultation with the Department of Health (DOH) would promulgate rules and regulations necessary to acquire, stockpile, and distribute personal protective equipment to mitigate the effects of exposure to chemical or biological agents, including novel coronaviruses.  The rules and regulations would include provisions concerning: (1) the monitoring and inspection procedures for stockpiled personal protective equipment; (2) the maintenance and management of a central database for the monitoring of stockpiled personal protective equipment; (3) the distribution and replacement of stockpiled personal protective equipment; (4) the maintenance and retention of records of information from monitoring activities; (5) the submission to the Department of Health and Office of Emergency Management of monitoring reports; (6) any collaboration protocols with neighboring states to ensure an adequate State stockpile of equipment; and (7) any other related information as the Commissioner of Health may require.  The stockpile would be sufficient enough for health care workers, health care facilities, and emergency responders to operate and provide services in a safe manner for a period of 90 days during a state of emergency or public health emergency declared by the Governor.

     This bill also requires the State to encourage the manufacturing of PPE in the State.  DOH would explore opportunities with manufacturing companies in the State to adequately manufacture and stockpile the necessary PPE.