Bill Text: NJ A1819 | 2018-2019 | Regular Session | Introduced
Bill Title: Prohibits DEP from amending certain regulations to be less stringent than certain federal regulations.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2018-01-09 - Introduced, Referred to Assembly Environment and Solid Waste Committee [A1819 Detail]
Download: New_Jersey-2018-A1819-Introduced.html
STATE OF NEW JERSEY
218th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION
Sponsored by:
Assemblyman TIM EUSTACE
District 38 (Bergen and Passaic)
Assemblyman ANDREW ZWICKER
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
Assemblyman JOHN F. MCKEON
District 27 (Essex and Morris)
Co-Sponsored by:
Assemblywoman Jasey
SYNOPSIS
Prohibits DEP from amending certain regulations to be less stringent than certain federal regulations.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act prohibiting the weakening of certain environmental regulations and supplementing Title 13 of the Revised Statutes and 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. Unless specifically authorized by State law, the Commissioner of Environmental Protection shall not file with the Office of Administrative Law a notice of proposal or notice of adoption that would result in a change to an existing rule or regulation that would be less stringent than the applicable federal rule, requirement, or standard contained in federal law, or the applicable implementing federal rule, requirement, or standard, in effect on January 1, 2017.
b. As used in this section, "federal law" means: the "Clean Air Act," 42 U.S.C. s.7401 et seq.; the "Endangered Species Act of 1973," 16 U.S.C. s.1531 et al.; the "Safe Drinking Water Act," 42 U.S.C. s.300f et seq.; and the "Federal Water Pollution Control Act Amendments of 1972," 33 U.S.C. s.1251 et seq.
2. a. The Office of Administrative Law shall not accept for filing from the Commissioner of Environmental Protection a notice of proposal or notice of adoption that would result in a change to an existing rule or regulation that would be less stringent than the applicable federal rule, requirement, or standard contained in federal law, or the applicable implementing federal rule, requirement, or standard in effect on January 1, 2017, unless the notice contains a copy of the State law that specifically authorizes the adoption of the less stringent rule or regulation.
b. As used in this section, "federal law" means the same as the term is defined in section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
3. This act shall take effect immediately.
STATEMENT
This bill would prohibit the Commissioner of Environmental Protection from filing with the Office of Administrative Law (OAL) a notice of proposal or notice of adoption for any rule or regulation that would result in a change to an existing rule or regulation that would be less stringent than the applicable federal rule, requirement, or standard contained in federal law, or the applicable implementing federal rule, requirement, or standard, in effect on January 1, 2017. However, the bill provides an exception to this prohibition if State law specifically authorizes the adoption of the less stringent rule or regulation.
This bill also prohibits the OAL from accepting for filing a notice of proposal or notice of adoption submitted by the Commissioner of Environmental Protection that would be less stringent than the applicable federal rule, requirement, or standard in effect on January 1, 2017, unless the notice contains a copy of the State law that specifically authorizes the adoption of the less stringent rule or regulation.
As used in the bill, "federal law" means the "Clean Air Act," the "Endangered Species Act of 1973," the "Safe Drinking Water Act," and the "Federal Water Pollution Control Act Amendments of 1972."
