Sponsored by:
Assemblywoman MAUREEN ROWAN
District 2 (Atlantic)
Assemblyman ALEXANDER "AVI" SCHNALL
District 30 (Monmouth and Ocean)
Assemblyman CODY D. MILLER
District 4 (Atlantic, Camden and Gloucester)
SYNOPSIS
Requires State agencies to file notice of intent for proposed rules with certain economic impacts.
CURRENT VERSION OF TEXT
As introduced.
An Act requiring State agencies to file a notice of intent for certain proposed rules 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. Whenever an agency intends to propose a major rule, the agency shall file a notice of intent with respect to the proposed rule-making proceeding with the Office of Administrative Law in accordance with subsection e. of section 4 of P.L.1968, c.410 (C.52:14B-4). Such notice shall be provided prior to initiating any formal notice of action required pursuant to subsection a. of section 4 of P.L.1968, c.410 (C.52:14B-4).
b. In all other respects, the proposal of a major rule shall comply with the provisions of P.L.1968, c.410 (C.52:14B-1 et seq.).
c. As used in this section, a “major rule” means and includes any rule that: (1) can reasonably be estimated to have an initial or annual compliance cost in excess of $10 million based upon the regulatory flexibility analysis conducted pursuant to section 4 of P.L.1986, c.169 (C.52:14B-19), the agriculture industry impact statement required pursuant to section 7 of P.L.1998, c.48 (C.4:1C-10.3), the housing affordability impact analysis and the smart growth development impact analysis required pursuant to section 31 of P.L.2008, c.46 (C.52:14B-4.1b), the required jobs impact statement, or any other analysis or statement required by law, or any combination thereof; or (2) is reasonably likely to disrupt or significantly affect local government operations.
2. This act shall take effect 30 days following the date of enactment.
STATEMENT
This bill requires that State agencies to file a notice of intent prior to initiating the formal rule-making process for major rules. Such filings are used for the purpose of eliciting the views of interested parties on an action prior to the filing of a formal rule proposal.
The bill defines a “major rule” as any rule that: can reasonably be estimated to have an initial or annual compliance cost in excess of $10 million based upon a regulatory flexibility analysis, agriculture industry impact statement, housing affordability impact analysis or smart growth development impact analysis, jobs impact statement, or any other analysis or statement required by law, or any combination thereof; or is reasonably likely to disrupt or significantly affect local government operations.