New Jersey-2024-A2578-Introduced

An Act concerning State agency rule-making and amending P.L.2001, c.5.

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

1. Section 10 of P.L.2001, c.5 (C.52:14B-5.1) is amended to read as follows:

10. a. (Deleted by amendment, P.L.2011, c.45)

b. (1) Every rule adopted on or after the effective date of P.L.2001, c.5 (C.52:14B-4.1a et al.) and prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) shall expire seven years following the effective date of the rule unless a sooner expiration date has been established for the rule. The expiration date shall be included in the adoption notice of the rule in the New Jersey Register and noted in the New Jersey Administrative Code.

(2) (a) Every rule adopted on or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) shall expire five years following the effective date of the rule, unless a sooner expiration date has been established for the rule or a concurrent resolution authorizing the readoption of the rule for another five year period is approved by both Houses of the Legislature. If the Legislature does not approve a concurrent resolution authorizing the readoption of the expiring rule, the agency shall not readopt the rule or issue a notice of proposal for the rule until five years have elapsed from the date of expiration.

(b) A State agency shall not file with the Office of Administrative Law a notice of proposal or notice of adoption for any existing rule which is expiring, or has expired, without including the concurrent resolution passed by both Houses of the Legislature pursuant to subparagraph (a) of paragraph (2) of this subsection.

(c) The Office of Administrative Law shall not accept for filing a notice of proposal or notice of adoption for any existing rule which is expiring, or has expired, unless the notice contains a copy of the concurrent resolution passed by both Houses of the Legislature pursuant to subparagraph (a) of paragraph (2) of this subsection.

c. (1) Notwithstanding any other provision of P.L.1968, c.410 (C.52:14B-1 et seq.), or rule adopted pursuant thereto, to the contrary, in the case of a proposed readoption without changes to the existing rule, or a proposed readoption with technical changes as approved by the Office of Administrative Law, an agency may continue in effect an expiring rule for a [seven-year] five-year period by filing a public notice with the Office of Administrative Law for publication in the New Jersey Register at least 30 days prior to the expiration date of the rule. The notice pursuant to this paragraph shall include the citation for the rule, a general description of the rule, the specific legal authority under which the rule is authorized, [and] the new expiration date of the rule , and a copy of the concurrent resolution passed by both Houses of the Legislature pursuant to subparagraph (a) of paragraph (2) of subsection b. of this section . The notice pursuant to this paragraph shall be effective upon filing with the Office of Administrative Law.

Upon the receipt of a public notice pursuant to this paragraph, the Office of Administrative Law shall publish the notice in the New Jersey Register. The new expiration date of the rule shall be noted in the New Jersey Administrative Code.

As used in this paragraph, "technical changes" means changes to: correct spelling, grammar and punctuation; correct codification; update contact information; or correct cross-references.

(2) In the case of a proposed readoption of an expiring rule with substantive changes, an agency may continue the expiring rule for a [seven-year] five-year period by duly proposing the readoption with substantive changes and readopting the rule prior to its expiration , provided that the Legislature has passed a concurrent resolution pursuant to subparagraph (a) of paragraph (2) of subsection b. of this section . Upon the filing of a notice of proposed readoption with substantive changes, the expiration date of the rule shall be extended for 180 days, if such notice is filed prior to the expiration of the rule.

As used in this paragraph, "substantive changes" means any changes that are not technical changes as defined in paragraph (1) of this subsection.

d. (1) [The Governor may, upon the request of an agency head, and prior to the expiration date of the rule, continue in effect an expiring rule for a period to be specified by the Governor.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

(2) The Governor may, upon the request of an agency head within five days after the [expiration of a rule] passage of a concurrent resolution by both Houses of the Legislature pursuant to paragraph (2) of subsection b. of this section , restore the effectiveness of an expired rule as of its expiration date, for a period to be specified by the Governor, in order to effect the readoption of the rule in accordance with subsection c. of this section.

e. This section shall not apply to any rule repealing a rule or any rule prescribed by federal law or whose expiration would

violate any other federal or State law, in which case the federal or State law shall be cited in the publication of the rule.

(cf: P.L.2011, c.45, s.1)

2. This act shall take effect immediately.

STATEMENT

This bill would amend the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), which establishes the procedures that executive branch agencies are required to follow when exercising their authority to adopt, amend, and repeal rules and regulations. Under current law, rule chapters expire seven years following the effective date of the rules, and may be readopted, amended, and repealed by the applicable agency in accordance with the process set forth in the law.

Under this bill, the expiration date of rule chapters would be reduced from seven years to five years, and the applicable agency would require legislative approval in order to readopt the rules thereafter. This legislative approval would be in the form of the passage of a concurrent resolution.

Under the bill, if the Legislature does not act to pass a concurrent resolution, the rules would expire and the agency would be prohibited from readopting the rules for a period of five years.

Under the bill, the change in the chapter expiration date from seven years to five years and the requirement for legislative approval for readoption thereafter would apply to all rules adopted on or after the date of enactment of the bill into law.

The bill provides that the Governor may, upon the request of an agency head, within five days after the passage of a concurrent resolution by both Houses of the Legislature, restore the effectiveness of an expired rule as of its expiration date, for a period to be specified by the Governor, in order to effect the readoption of the rule.