A4971

An Act concerning rules and regulations of State agencies and amending P.L.2007, c.112.

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

1. Section 5 of P.L.2007, c.112 (C.26:2C-41) is amended to read as follows:

5. a. No later than 18 months after the effective date of P.L.2019, c.197, the department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations establishing a greenhouse gas emissions monitoring and reporting program to monitor and report Statewide greenhouse gas emissions.

b. The rules and regulations adopted pursuant to subsection a. of this section shall identify all significant sources of Statewide greenhouse gas emissions including short-lived climate pollutants, and shall provide for, but need not be limited to, the following:

(1) monitoring and reporting of existing emissions and changes in emissions over time from the sources identified by the department;

(2) reporting the levels of those emissions and changes in those emissions levels annually, commencing 18 months after the effective date of P.L.2019, c.197; and

(3) monitoring progress toward the 2020 limit and the 2050 limit and any interim limits.

c. Pursuant to the rules and regulations adopted pursuant to subsection a. of this section, the department shall require reporting of the greenhouse gas emissions:

(1) associated with fossil fuels used in the State, as reported by entities that are manufacturers and distributors of fossil fuels, which may include, but need not be limited to, oil refineries, oil storage facilities, natural gas pipelines, and fuel wholesale and retail distributors;

(2) from any entity generating electricity in the State and from any entity that generates electricity outside the State that is delivered for end use in the State. With respect to electricity generated outside the State and imported into the State, the department shall determine the emissions from that generation by subtracting the kilowatt-hours of electricity generated in the State from the kilowatt-hours of electricity consumed in the State, and multiplying the difference by a default emissions rate determined by the department;

(3) from any gas public utility as defined in section 3 of P.L.1999, c.23 (C.48:3-51); and

(4) from any additional entities that are significant emitters of greenhouse gases, as determined by the department, and as appropriate to enable the department to monitor compliance with progress toward the 2020 limit and the 2050 limit.

d. No later than 18 months after the department prepares and transmits the report as required pursuant to subsection c. of section 6 of P.L.2007, c.112 (C.26:2C-42), the department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations establishing interim benchmarks necessary to achieve the 2050 limit, and measures necessary to achieve the 2050 limit and the established interim benchmarks.

e. Neither the department nor any other State agency is authorized to adopt rules and regulations in response to climate change that exceed the scope of the rules and regulations authorized pursuant to this section. The provisions of this subsection shall apply to, but need not be limited to, rules and regulations that are based on climate change projections or predictions, including those relating to the State flood hazard area, pursuant to the “Flood Hazard Area Control Act,” P.L.1962, c.19, (C.58:16A-50 et seq.) and permitting requirements for coastal developments established in the “Coastal Area Facility Review Act,” P.L.1973, c.185, (C.13:19-1 et seq.).

(cf: P.L.2019, c.197, s.3)

2. This act shall take effect immediately.

STATEMENT

This bill prohibits the Department of Environmental Protection (department) and other State agencies from adopting rules or regulations concerning climate change when those rules and regulations exceed the scope of the “Global Warming Response Act,” P.L.2007, c.112 (C.26:2C-37 et al.). The “Global Warming Response Act” authorizes the department to adopt rules and regulations to identify, monitor, and report on levels of greenhouse gas emissions and short-lived climate pollutants in the State.

The provisions of the bill apply to, but are not limited to, rules and regulations that are based on climate change projections or predictions, including those relating to the State flood hazard area and permitting requirements for coastal developments, which affect energy development, construction, transportation, and manufacturing.

The bill is in response to Executive Order 100, which gave sweeping new powers to the Department of Environmental Protection to impose aggressive climate regulations through the “Protecting against Climate Threats” initiative. The rules bypassed the Legislature and opened the door to higher costs, delayed permits, and rigid mandates that harmed New Jersey’s economy and energy reliability. Restoring the Legislature’s role in setting energy and environmental policy will restore State government checks and balances, reduce unnecessary regulatory burdens on residents and businesses, and prevent future governors and unelected administrators from conducting business in secret.