New Jersey A 3019: Reduces expiration date for rules from seven years to five years and requires legislative approval for readoption of rules after five years.

Bill Text

A3019 

ASSEMBLY, No. 3019 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman ERIK PETERSON

District 23 (Hunterdon, Somerset and Warren)

SYNOPSIS

���� Reduces expiration date for rules from seven years to 
five years and requires legislative approval for readoption of rules after five 
years.

CURRENT VERSION OF TEXT 

���� Introduced Pending Technical Review by Legislative 
Counsel.

�� 

An Act concerning State agency rule-making and amending 
P.L.2001, c.5.

���� Be It 
Enacted by the Senate and General Assembly of 
the State of New Jersey:

���� 1.� Section 10 of P.L.2001, 
c.5 (C.52:14B-5.1) is amended to read as follows:

���� 10.� a.� (Deleted by 
amendment, P.L.2011, c.45)

���� b.� (1) Every rule 
adopted on or after the effective date of P.L.2001, c.5 (C.52:14B-4.1a et al.) and 
prior to the effective date of P.L.��� , c.��� (C.��� ) (pending before the 
Legislature as this bill) shall expire seven years following the effective 
date of the rule unless a sooner expiration date has been established for the 
rule.� The expiration date shall be included in the adoption notice of the rule 
in the New Jersey Register and noted in the New Jersey Administrative Code.

���� (2)� (a) Every rule adopted 
on or after the effective date of 
P.L. , c. (C. ) 
(pending before the Legislature as this bill) shall expire five years following 
the effective date of the rule, unless a sooner expiration date has been 
established for the rule or a concurrent resolution authorizing the readoption 
of the rule for another five year period is approved by both Houses of the 
Legislature.� If the Legislature does not approve a concurrent resolution 
authorizing the readoption of the expiring rule, the agency shall not readopt 
the rule or issue a notice of proposal for the rule until five years have 
elapsed from the date of expiration.

���� (b) A State agency shall 
not file with the Office of Administrative Law a notice of proposal or notice 
of adoption for any existing rule which is expiring, or has expired, without 
including the concurrent resolution passed by both Houses of the Legislature 
pursuant to subparagraph (a) of paragraph (2) of this subsection.

���� (c)� The Office of 
Administrative Law shall not accept for filing a notice of proposal or notice 
of adoption for any existing rule which is expiring, or has expired, unless the 
notice contains a copy of the concurrent resolution passed by both Houses of 
the Legislature pursuant to subparagraph (a) of paragraph (2) of this subsection. 

���� c.� (1) Notwithstanding any 
other provision of P.L.1968, c.410 (C.52:14B-1 et seq.), or rule adopted 
pursuant thereto, to the contrary, in the case of a proposed readoption without 
changes to the existing rule, or a proposed readoption with technical changes 
as approved by the Office of Administrative Law, an agency may continue in 
effect an expiring rule for a [seven-year] five-year 
period by filing a public notice with the Office of Administrative Law for 
publication in the New Jersey Register at least 30 days prior to the expiration 
date of the rule.� The notice pursuant to this paragraph shall include the 
citation for the rule, a general description of the rule, the specific legal 
authority under which the rule is authorized, [and] the new 
expiration date of the rule , and a copy of the concurrent resolution passed 
by both Houses of the Legislature pursuant to subparagraph (a) of paragraph (2) 
of subsection b. of this section .� The notice pursuant to this paragraph 
shall be effective upon filing with the Office of Administrative Law.

���� Upon the receipt of a public 
notice pursuant to this paragraph, the Office of Administrative Law shall 
publish the notice in the New Jersey Register.� The new expiration date of the 
rule shall be noted in the New Jersey Administrative Code.

���� As used in this paragraph, 
"technical changes" means changes to: correct spelling, grammar and 
punctuation; correct codification; update contact information; or correct 
cross-references.

���� (2) In the case of a proposed 
readoption of an expiring rule with substantive changes, an agency may continue 
the expiring rule for a [seven-year] five-year 
period by duly proposing the readoption with substantive changes and readopting 
the rule prior to its expiration , provided that the Legislature has passed 
a concurrent resolution pursuant to subparagraph (a) of paragraph (2) of 
subsection b. of this section .� Upon the filing of a notice of proposed 
readoption with substantive changes, the expiration date of the rule shall be 
extended for 180 days, if such notice is filed prior to the expiration of the 
rule.

���� As used in this paragraph, 
"substantive changes" means any changes that are not technical 
changes as defined in paragraph (1) of this subsection.

���� d.� (1) [The Governor 
may, upon the request of an agency head, and prior to