Sponsored by:
Assemblyman PARKER SPACE
District 24 (Morris, Sussex and Warren)
Assemblywoman GAIL PHOEBUS
District 24 (Morris, Sussex and Warren)
SYNOPSIS
Prohibits for 10 years applicability of new State and local rules and regulations to certain manufacturing facilities.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the application of certain rules and regulations to manufacturing facilities 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. (1) Notwithstanding the provisions of any law, rule, regulation, or order to the contrary, except as provided in subsection c. of this section, unless required by federal law, a State agency or local unit shall not apply any new rule or regulation promulgated by a State agency or local unit, or any amendment to an existing rule or regulation promulgated thereto, for a period of 10 years, to a manufacturing facility in operation on the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), and for a period of 10 years to a manufacturing facility that commences operations after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).
(2) Notwithstanding the provisions of paragraph (1) of this subsection, a manufacturing facility may elect to waive its exemption during the 10-year exemption period for any or all rules or regulations, or any component of any rule or regulation, on a case-by-case basis.
b. The department shall issue a certificate of exemption to a manufacturing facility that meets the criteria for eligibility under rules and regulations developed by the department pursuant to subsection c. of this section.
c. The department shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to implement the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) which shall include, but not be limited to, the criteria for a manufacturing facility to be eligible for the certificate of exemption and the manner in which a manufacturing facility may apply for the certificate of exemption.
d. As used in this section, "department" means the Department of Labor and Workforce Development; "local unit" shall have the same meaning as provided in N.J.S.40A:5-2; and "State agency" shall have the same meaning as provided in section 2 of P.L.1968, c.410 (C.52:14B-2).
2. This act shall take effect immediately.
STATEMENT
This bill places a moratorium on the adoption of any new rules or regulations, or amendments to any existing rules or regulations, by any State agency or local entity, unless required by federal law, for a period of 10 years to a manufacturing facility. A manufacturing facility may elect to waive its exemption during the 10-year exemption period on a case-by-case basis. The Department of Labor and Workforce Development is to establish criteria for a manufacturing facility to be eligible for the certificate of exemption and the manner in which a manufacturing facility may apply for the certificate of exemption.