Committee ponders limits of state agencies' regulations

Mar 5, 2010 — The Philadelphia Inquirer

Adrienne Lu

Mar. 5, 2010 (McClatchy-Tribune Regional News delivered by Newstex) -- TRENTON -- State agencies would be prohibited from adopting stronger requirements than the federal government without explicit authorization by the Legislature under a measure considered by an Assembly committee yesterday.

If signed into law, such a measure would mean, for example, that the state Department of Environmental Protection could not adopt stricter standards for drinking water than those called for by the federal government without special legislative permission.

Environmental advocates denounced the proposal, saying it would strip agencies of the authority to adequately protect the state's residents and the environment.

"What a disaster this proposal would be for New Jersey's environment," said Dena Mottola Jaborska, executive director of Environment New Jersey. "A large percentage of actions this state has taken to protect New Jersey's air, land, and water would not have happened if this proposal were made law. It's like building a giant barrier against clean air, clean water, and open-space protections."

Others welcomed the proposal, including Hal Bozarth, executive director of the Chemistry Council of New Jersey. The manufacturing industry in New Jersey is being "strangled to death by regulations," he said.

Legislation has been drafted, according to sponsor John Burzichelli (D., Gloucester), but was not available to the public yesterday. A hearing was held before the Assembly Regulatory Oversight and Gaming Committee, of which Burzichelli is the chairman.

"There obviously are times when we should exceed the federal standard," Burzichelli said. "The academic question is: Who makes the call? Is it a bureaucrat, a commissioner, the Legislature?"

Environmental advocates fear the measure would result in more-lax regulations.

"New Jersey has always had stricter rules and regulations than most areas because we're not Kansas or Minnesota," said Jeff Tittel, director of the New Jersey Sierra Club. "We're the most densely populated state in the nation and therefore have more environmental problems than anywhere else."

New Jersey has stronger rules than the federal government concerning dumping of garbage or contaminated waste into coastal waters, Tittel said. And New Jersey permits less arsenic in drinking water than federal rules.

Jaborska said about two-thirds of the environmental protections New Jersey adopted over the last decade exceeded federal standards and would now face a higher hurdle.

Although sponsored by Burzichelli, a Democrat, the proposal echoes language in an executive order signed by Republican Gov. Christie on his first full day in office.

The order requires state agencies to "detail and justify every instance where a proposed rule exceeds the requirements of federal law or regulation," and says state agencies should not propose rules that exceed the requirements of federal law except when required by state statute or "in order to achieve a New Jersey-specific public policy goal."

While most of those who testified on the proposal yesterday were environmental advocates, the measure would reach across all agencies of government.

Peg Kinsell, director of public policy for the nonprofit Statewide Parent Advocacy Network, which supports parents of students with disabilities, said she was worried about education standards.

Federal guidelines are typically regarded as the minimum requirements in education, she said. She said she fears that this proposal would make it more difficult for New Jersey to set higher goals.

Contact staff writer Adrienne Lu at 609-989-8990 or alu@phillynews.com.

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