In January of this year, Gov. Murphy announced the state’s Energy Master Plan whose goal is to reach 100% clean energy by 2050 for New Jersey. To support the initiatives of the state’s Energy Master Plan, he also issued Executive Order No. 100. This executive order directs the Department of Environmental Protection (DEP) to adopt comprehensive regulatory reforms as part of the governor’s initiative. These regulations are entitled Protecting Against Climate Threats or PACT. The goal is to reduce emissions and adapt to climate change. According to the governor’s news release, this action makes New Jersey the first state to pursue “such a comprehensive and aggressive suite of climate change regulations.” A significant part of Executive Order No. 100 supports the strategies identified in the Energy Master Plan and directs the DEP to reduce carbon dioxide emissions and to adopt climate change regulations which “reform environmental land use regulations to incorporate climate change considerations into permitting decisions, which will allow better planning and building resilient communities by avoiding flood prone areas, reestablishing chronically inundated wetlands, revegetating riparian areas, and encouraging green building and green infrastructure.”

As a result, construction of buildings which requires DEP approval will have to consider for the first time the impact of climate change, as well as the effect of emissions, on global warming. These rules would also apply to state funded projects and projects funded with grants from DEP. The new DEP regulations will be required by January 2022.