TRENTON — The state Assembly will not vote today on a controversial bill that would bar state agencies from making new rules stricter than federal standards. Although the legislation still appears on today’s list of bills the Assembly plans to take up in its afternoon session, its sponsor, Assemblyman John Burzichelli (D-Gloucester) said it’s being held because he may...
State Assemblyman John Burzichelli sponsored a bill that would bar state agencies from implementing new rules stricter than federal standards. TRENTON — The state Assembly will not vote today on a controversial bill that would bar state agencies from making new rules stricter than federal standards.
Although the legislation still appears on today’s list of bills the Assembly plans to take up in its afternoon session, its sponsor, Assemblyman John Burzichelli (D-Gloucester) said it’s being held because he may need to revise one section.
Environmentalists have lobbied hard against the bill, calling it a blatant giveaway to polluting industries. David Pringle, political director of the New Jersey Environmental Federation, said federal standards are supposed to be a floor that states can exceed if they choose.
“It’s clear that the drive behind this legislation is to make it harder to have strong, appropriate public health and environmental standards,” said Pringle. “It sends the wrong message. The federal government plays the lowest common denominator.”
The bill codifies and strengthens an executive order signed by Gov. Chris Christie in his first full day in office last year. The order instructed agencies not to enact rules stricter than federal standards unless “necessary in order to achieve a New Jersey specific public policy goal.” The legislation would go a step further, barring agencies from exceeding federal standards unless it is to cope with an emergency dealing with public health, safety, or welfare.
The legislation would not roll back existing rules, but Pringle said New Jersey’s status as a highly industrialized, very densely populated state makes it necessary to go above and beyond many federal government standards – especially on environmental issues.
“People deny it, but the bill speaks for itself,” he said. “The primary motive behind this bill is weaker standards and/or to appease the worst polluters who are financing campaigns.”
Burzichelli said he is pulling the bill to make sure that agencies can enact emergency rules for a long enough period of time that they will not expire while the Legislature is on recess.
“I want to make certain that they have enough of a window to be effective,” he said.
But Burzichelli has no plans to change any of the broad swaths of the bill that have drawn criticism.
“This is prospective, so every rule in place stays there,” he said. “If you have a proposal for a rule that exceeds a federal standard that’s in the best interest of New Jersey, you bring it to the Legislature as opposed to a bureaucrat sitting somewhere in a room.”