In addition to a legal action filed this week by NJBIA and New Jersey Builders Association, Senate President Nick Scutari is taking his own steps to stop controversial Land Use rules that were finalized just hours before Gov. Phil Murphy left office on Jan. 20.
Scutari has filed a bipartisan resolution to repeal the Department of Environmental Protection’s “Protecting Against Climate Threats,” rules stating that they are inconsistent with legislative intent.
Joining Scutari (D-22) in prime sponsorship of the bill are Sens. John Burzichelli (D-3) and Mike Testa (R-1).
In a statement to POLITICO, Scutari said the rules – which call for new homes in expanded flood zones to build 4 feet above FEMA standards, among hundreds of other costly and cumbersome provisions – undermine Gov. Mikie Sherrill’s efforts to make New Jersey more affordable.
"As Governor Sherrill has rightly indicated, some regulations have gone too far with impacts on business and, most significantly, impede affordability for the residents of New Jersey," Scutari said.
NJBIA Deputy Chief Government Affairs Officer Ray Cantor said the resolution will have the full-throated support of NJBIA, New Jersey’s entire business community, as well as the more than 130 mayors who wrote to oppose.
"For 20 months, we showed numerous examples of how the DEP under the Murphy administration was going well beyond its statutory authority with its proposal,” Cantor said. “The process of developing the rule was fundamentally flawed and its provisions were too numerous and complicated to be merged into one regulatory framework.
“The breadth of how many people will be impacted by this rule should have never been decided by one state agency without legislative input. We appreciate the Senate President’s very brave efforts here, as well as the growing list of legislative co-sponsors and supporters. It’s important for the state.”
The DEP would have 30 days from the date of transmittal of this resolution to amend or withdraw the rules and regulations or the Legislature may, by passage of another concurrent resolution, exercise its authority under the Constitution to invalidate the rules and regulations in whole or in part.
