Senate leaders seek repeal of DEP climate threat land use rules

Michele Siekerka President & CEO
Michele Siekerka President & CEO
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New Jersey Senate President Nick Scutari has introduced a bipartisan resolution to repeal the Department of Environmental Protection’s “Protecting Against Climate Threats” rules. These regulations were finalized hours before Governor Phil Murphy left office on January 20. The rules require, among other provisions, that new homes in expanded flood zones be built four feet above FEMA standards.

Scutari, along with Senators John Burzichelli and Mike Testa, argues that the rules are inconsistent with legislative intent. In a statement to POLITICO, Scutari said: “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.”

The New Jersey Business and Industry Association (NJBIA), which represents private-sector employers throughout New Jersey and is recognized as the nation’s largest statewide employer association according to its official website, supports the resolution. NJBIA also filed legal action this week together with the New Jersey Builders Association.

Ray Cantor, NJBIA Deputy Chief Government Affairs Officer, stated: “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. 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.”

NJBIA advances competitive excellence and financial success for its members while providing essential information and services according to its official website. The organization facilitates partnerships among businesses, government entities, and academic institutions in New Jersey as stated online.

If passed, the resolution would give DEP 30 days from transmittal to amend or withdraw these rules. If not addressed within that period, lawmakers could pass another concurrent resolution to invalidate all or part of them under constitutional authority.

Michele Siekerka serves as president and chief executive officer of NJBIA according to their website.



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