S1076

An Act concerning the adoption of new rules that exceed federal standards and supplementing P.L.1968, c.410 (C.52:14B-1 et seq.).

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

1. a. A State agency shall not file with the Office of Administrative Law a notice of proposal or notice of adoption for any new rule that would exceed standards or requirements set forth by the federal government unless specifically authorized by State law.

b. The Office of Administrative Law shall not accept for filing a notice of proposal or notice of adoption which adopts a new rule that contains any standards or requirements which exceed standards or requirements set forth by the federal government unless the notice contains:

(1) a copy of the specific State law allowing the adoption of rules or standards that exceed federal standards or requirements;

(2) written justification for the exceedance of the federal standards or requirements; and

(3) a copy of the supporting documentation or analysis used by the State agency to justify the stricter standards or requirements.

c. A State agency filing a notice of proposal or notice of adoption pursuant to this section shall also satisfy the requirements set forth in section 2 of P.L.1995, c.65 (C.52:14B-23).

d. The provisions of this section shall not apply to:

(1) any rule in effect, or to the readoption of any rule in effect, on the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill);

(2) any rule authorized pursuant to subsection (c) of section 4 of P.L.1968, c.410 (C.52:14B-4);

(3) any notice of proposal or notice of adoption filed by a State agency the substance of which is an issue where the federal government has not adopted specific standards or requirements; or

(4) any notice of proposal or notice of adoption filed by the Department of Labor and Workforce Development.

2. a. Within 45 days after the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), each State agency shall provide notice in writing to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the chairs of the appropriate State legislative committees dealing with the subject matter of the State agency, and the chairs of the Assembly Regulatory Oversight Committee and the Senate Legislative Oversight Committee, or their successors, of each existing rule that contains any standards or requirements which exceed standards or requirements set forth by the federal government and for which the State agency does not have explicit authorization in State law.

b. The notice required pursuant to this section shall contain:

(1) the New Jersey Administrative Code citation for the rule;

(2) the statutory authority under which the agency adopted the rule;

(3) an explanation of how the rule exceeds the standards or requirements set forth by the federal government;

(4) justification for the exceedance of the federal standards or requirements, which may include an explanation of a New Jersey specific public policy goal that is met by the agency’s rule; and

(5) an explanation of the potential consequences if the agency is required to adopt the standards or requirements set forth by the federal government.

3. This act shall take effect immediately.

STATEMENT

This bill would prohibit a State agency from filing with the Office of Administrative Law a notice of proposal or notice of adoption for any new rule that would exceed federal standards or requirements unless specifically authorized by State law.

The bill further provides that the Office of Administrative Law shall not accept for filing a notice of proposal or notice of adoption which adopts a new rule that contains any standards or requirements exceeding standards or requirements set forth by the federal government unless the notice contains: a copy of the specific State law allowing the adoption of rules or standards that exceed federal standards or requirements; written justification for the exceedance; and a copy of the supporting documentation or analysis used by the State agency to justify the stricter standards or requirements.

The bill also requires a State agency that files a notice of proposal or notice of adoption containing any standards or requirements exceeding those set forth by the federal government to satisfy the requirements set forth in section 2 of P.L.1995, c.65 (C.52:14B-23), which requires a federal standards statement.

The bill would not apply to: (1) any rule in effect, or the readoption of any rule in effect, on the date the bill is enacted into law; (2) any rule authorized pursuant to subsection (c) of section 4 of P.L.1968, c.410 (C.52:14B-4) (i.e., the section of the “Administrative Procedure Act” that sets forth a procedure for a State agency to adopt rules when it finds that an imminent peril to the public health, safety, or welfare exists); (3) any rule-making by a State agency where the federal government has not adopted specific standards or requirements on the issue; and (4) any rule-making by the Department of Labor and Workforce Development.