New Jersey-2024-A4580-Introduced

An Act concerning public health emergency supplies and services and supplementing Title 26 of the Revised Statutes.

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

1. As used in this act:

"Director" means the Director of the State Office of Emergency Management.

"Public health emergency" means a public health emergency declared pursuant to P.L.2005, c.222 (C.26:13-1 et seq.)

"State Office of Emergency Management" means the Office of Emergency Management in the Division of State Police in the Department of Law and Public Safety.

2. a. The Director of the Division of Purchase and Property in the Department of the Treasury, in consultation with the State Office of Emergency Management, shall award a contract or contracts for the procurement of personal protective equipment for the creation of a stockpile. The director may make awards to multiple bidders in accordance with section 1 of P.L.1986, c.26 (C.52:34-12.1). The State Office of Emergency Management shall have the duty of maintaining the stockpile and ensuring that the stockpile is adequately stocked to meet the State's personal protective equipment needs during a public health emergency.

b. During a public health emergency, the State Office of Emergency Management shall make the personal protective equipment in the stockpile available to the State and its political subdivisions, to public New Jersey schools, State hospitals, and State nursing homes without charging a fee. During a public health emergency, the Director of the Division of Purchase and Property, in consultation with the State Office of Emergency Management, shall make the remainder of the stockpiles available for purchase by other entities, both public and private, at market price. The State Office of Emergency Management, in consultation with the Department of Health, shall have discretion to establish orders of priority for which entities may gain first access to the stockpile.

3. The Director of the State Office of Emergency Management shall create, maintain, and update, an online portal, in the form of an Internet website, that allows entities to donate emergency supplies including, but not limited to, personal protective equipment, test kit components, linens, food, isolation and quarantine solutions, and laundry supplies, during a public health emergency in accordance with standards and requirements as determined by the office.

4. a. To the extent possible, the Director of the State Office of Emergency Management shall review and streamline the State's process for procuring critical supplies and services during a public health emergency.

b. In streamlining this procurement process, the director shall, at a minimum:

(1) designate a primary person or agency as the point-of-contact for procurement concerns during a public health emergency;

(2) to the extent possible, centralize the procurement process of critical supplies and services during a public health emergency;

(3) develop a plan to temporarily surge the State's procurement capacity during a public health emergency as necessary;

(4) establish protocols to reduce the administrative burden of procurement processes during a public health emergency;

(5) establish a standard procurement operating plan for public health emergencies that clearly outlines leadership structures, roles, and responsibilities;

(6) develop a comprehensive repository of emergency contracts for critical supplies and services that can be utilized during a public health emergency;

(7) revise standard procurement processes to enhance the State ability to contract vendors prior to a public health emergency; and

(8) to the extent possible, promote collaboration between the State Office of Emergency Management and the Division of Purchase and Property in the Department of the Treasury.

5. The State Office of Emergency Management may adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to effectuate the purposes of this section.

6. This act shall take effect immediately.

STATEMENT

This bill increases the State's access to public health emergency supplies and services.

The bill establishes a State stockpile for personal protective equipment. The Director of the Division of Purchase and Property in the Department of the Treasury, in consultation with the State Office of Emergency Management (OEM), will award a contract or contracts for the procurement of personal protective equipment for the creation of a stockpile. OME will have the duty of maintaining the stockpile and ensuring that the stockpile is adequately stocked to meet the State's personal protective equipment needs during a public health emergency.

During a public health emergency, OME will make the personal protective equipment in the stockpile available to the State and its political subdivisions, to public New Jersey schools, State hospitals, and State nursing homes without charging a fee. During a public health emergency, the Director of the Division of Purchase and Property in the Department of the Treasury, in consultation with the OME, will make the remainder of the stockpiles available for purchase by other entities at market price. OME, in consultation with the Department of Health, will have discretion to establish orders of priority for which entities may gain first access to the stockpile.

The bill requires the Director (director) of OEM to create, maintain, and update, an online portal, in the form of an Internet website, that allows entities to donate emergency supplies during a public health emergency in accordance with standards and requirements as determined by OEM.

The bill requires the director, to the extent possible, to review and streamline the State's process for procuring critical supplies and services during a public health emergency. In streamlining this procurement process, the director will, at a minimum: