Bill > S923

Introduced Session

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.

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Kristin Corrado (R)*,  Kevin O'Toole (R)*, 

Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee (on 02/04/2016)