New Jersey Administrative Code › Title - EXECUTIVE ORDERS › Title 55 - CHRIS CHRISTIE › Section - Executive Order No. 63 (2019)

Current through Register Vol. 56, No. 14, July 15, 2024
Governor Philip D. Murphy
Executive Order No. 63 (2019)
An Order Establishing New Regulatory Principles to Foster Economic Growth and Government Efficiency and Rescinding and Replacing Governor Christie's Executive Orders No. 1 (2010) and No. 2 (2010)
Issued: April 2, 2019.
Effective: June 1, 2019.
WHEREAS, regulatory oversight serves the critically important purpose of protecting and promoting the environment, health, safety, and welfare of New Jersey, its resources, its people, its businesses, and its economy; and
WHEREAS, through administrative rulemaking, agency oversight, and regulatory enforcement, State departments, agencies, and other entities can and should contribute to the overall high quality of life in the State; and
WHEREAS, well-framed regulations can fulfill statutory goals and mandates and carry out the government's ongoing mission of promoting the health, safety, and welfare of New Jersey, the protection of our land, air, and water, and the prosperity of our economy; and
WHEREAS, ill-considered or ineffective regulation can deter progress, unduly burden businesses, hamper innovation and economic growth, and lead to stagnation, inefficiency, and inequity, while an informed and progressive approach to regulatory affairs can help avoid these shortcomings; and
WHEREAS, as a general matter, an agency should not propose or adopt a regulation without first making a reasoned determination that its benefits justify its costs, with the recognition that some benefits and costs are difficult to quantify; and
WHEREAS, regulations should foster and support innovation in New Jersey's economy, not hinder it, and so should be written in user-friendly language as often as practicable; and
WHEREAS, it is incumbent upon State government to focus on developing innovative, job-creating strategies that attract new businesses to New Jersey while retaining and growing businesses presently located within the State; and
WHEREAS, attracting and strengthening businesses may be advanced in part through regulatory measures conceived and designed to promote such goals; and
WHEREAS, if New Jersey is to remain a leader in environmental protection, including by taking up the mantle relinquished by the federal government when necessary, agencies enacting rules must at times exceed federal standards, because federal standards act as national minimums, which may not be suitable for a state that is the most densely populated in the nation and has a long industrial past; and
WHEREAS, low-income communities are often subjected to further disadvantages by the lack of attention towards "Environmental Justice," which includes, at a minimum, ensuring that residents of all communities receive fair and equitable treatment in decision-making that affects their environment, communities, homes, and health, and incorporating such considerations into the regulatory process; and
WHEREAS, building an innovation-based economy will result in shifts among types of jobs, and so regulations should be conceived and designed with an eye toward supporting fair wages, maximizing training opportunities, and facilitating the ability of New Jersey residents to pursue career paths that lead directly from school to work with additional opportunities as further experience and knowledge is gained; and
WHEREAS, open government, meaning a government that consults with residents, affected individuals and entities, and community organizations that represent and espouse a broad range of expertise and [page=522] perspectives, is better able to craft policies and support regulations that foster the goals of predictability, clarity, and a high quality of life for the State's residents; and
WHEREAS, even as our administration promotes policy approaches that inform the development and broaden the impact of regulatory actions, we should also strive to identify ways to maximize regulatory efficiency by simplifying and streamlining the public's ease of access to the machinery of government and to enhance the ability of regulated communities to communicate and interact with the regulatory agencies that oversee their actions, professions, occupations, and endeavors; and
WHEREAS, the Administrative Procedure Act ("APA"), N.J.S.A. 52:14B-4(a)  and N.J.S.A. 52:14B-22, already requires a lengthy list of impact statements, among them socio-economic, regulatory flexibility, jobs impact, and, since 1995, a comparison with federal standards to "determine whether these federal standards sufficiently protect the health, safety and welfare of New Jersey citizens"; and
WHEREAS, Executive Order No. 1 (2010) froze and suspended all pending regulations for a period of ninety (90) days; and
WHEREAS, Executive Order No. 2 (2010) created the perception that going beyond federal standards is undesirable through its directive that agencies "shall . . . not exceed the requirements of federal law" unless required by state statute or where necessary to achieve a state-specific public policy goal; and
WHEREAS, the multiple provisions in Executive Order No. 2 (2010) presumptively setting federal standards as a maximum are not appropriate given New Jersey's longstanding authority and responsibility to protect the environment, health, safety, and welfare of its residents and communities, and are especially inappropriate at a time in which states are banding together to protect against the loss of federal regulatory protections crucial to the wellbeing of their residents;
NOW, THEREFORE, I, PHILIP D. MURPHY, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the Statutes of this State, do hereby ORDER and DIRECT that:
1. Executive Orders No. 1 (2010) and No. 2 (2010) are hereby rescinded.
2. Consistent with applicable law, State entities shall strive to pursue the creation of a regulatory environment designed to support innovation, remove bottlenecks, and streamline interaction with the government, while supporting strong environmental, health, safety, and labor standards, by focusing on the following overarching, common sense goals:
a. Where federal regulation is inadequate to protect the environment, health, safety, and welfare of New Jersey's residents and communities, New Jersey should develop its own regulatory framework where it has the legal authority to do so, and should seek to forge cooperative approaches with other states with similar interests where appropriate. Where federal regulation adequately protects the environment, health, safety, and welfare of New Jersey's residents and communities, New Jersey should operate under that framework in order to minimize confusion and complexity.
b. When the federal government repeals or rolls back prior protections for public health, welfare, safety, or the environment, State entities should evaluate actions New Jersey might take to restore those protections at the state level and, when appropriate and authorized by law, act to fill the void left at the federal level.
c. Governmental decisions should be based on the best available data, including scientific data if applicable. Where scientific evidence is an important element in developing or evaluating a rule, State entities should seek out and make productive use of scientific expertise available to them.
d. State entities should identify and use the best, most innovative, and least burdensome tools and approaches to achieve their regulatory goals.