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EO-2: Governor Christie directs government to implement and adhere to common sense principles concerning regulatory burdens

EO-2: Governor Christie directs government to implement and adhere to common sense principles concerning regulatory burdens

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Orders and Directs all agencies, boards, commissions, departments and authorities over which the Governor has the power to veto minutes to implement and adhere to Common Sense Principles concerning regulatory burdens
Orders and Directs all agencies, boards, commissions, departments and authorities over which the Governor has the power to veto minutes to implement and adhere to Common Sense Principles concerning regulatory burdens

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Published by: Governor Chris Christie on Aug 03, 2011
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08/04/2011

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EXECUTIVE ORDER NO. 2W
HEREAS
, New Jersey enjoys enormously valuable assets thathave historically been the source of growth, income andopportunity for the State’s residents and businesses; andW
HEREAS
,
 
New Jersey’s enviable location and access via roads,rail, air and ports, educational resources, talent base andlegacy of business leadership and invention have been andcontinue to be the essential ingredients of prosperity; andW
HEREAS
, New Jersey’s ability to leverage these assets toproduce growth and opportunity is being challenged bychronically high costs and regulatory burdens that have resultedin New Jersey’s consistently low rankings nationally onregulatory burdens, costs-of-doing business and similar sucheconomic measures making New Jersey the worst business climatein the nation; andW
HEREAS
,
 
although regulations for conducting business in NewJersey exist to promote the health, safety, and economicvitality of our citizens, these goals can only be achieved whenthe process by which those regulations are promulgated istransparent and accessible to persons outside of government, andwhen those regulations are crafted in such a manner so that theyare understandable, consistent and predictable; andW
HEREAS
, New Jersey is committed to fostering the health,safety and economic welfare of its citizens by creating anenvironment that is an attractive venue for entities doing, orseeking to do, business in the State, by immediately settingcourse to evaluate the policies, practices, organizationalstructures and resources that advance or impair the State’scompetitiveness, including immediate, intermediate and long-term actions that will ensure that its regulations create anatmosphere in which businesses and individuals affected by those
 
 
2
 
regulations are treated as partners in identifying and achievingregulatory goals; andW
HEREAS
,
 
I am now establishing “Common Sense Principles” forState rules and regulations that will give this State theopportunity to energize and encourage a competitive economy tobenefit businesses and ordinary citizens;NOW, THEREFORE, I, CHRIS CHRISTIE, Governor of the State ofNew Jersey, by virtue of the authority vested in me by theConstitution and by the Statutes in this State, do hereby, ORDERAND DIRECT all agencies, boards, commissions, departments andauthorities over which the Governor has the power to vetominutes (collectively “State agencies”) to implement and adhereto the following Common Sense Principles:1. For immediate relief from regulatory burdens, Stateagencies shall:a. Engage in the “advance notice of rules” bysoliciting the advice and views of knowledgeable persons fromoutside of New Jersey State government, including the privatesector and academia, in advance of any rulemaking to providevaluable insights on the proposed rules, and to preventunworkable, overly-proscriptive or ill-advised rules from beingadopted.b. Adopt the “time of decision” rule defined as therequirement that any permit or approval shall be governed by theadministrative rules, regulations and standards in effect at thetime an application is filed, so that all decisions relating tothat project are subject to the regulations in effect at thetime of application, except where otherwise specificallyprovided in State or federal law.
 
 
3
 
c. Adopt rules for “waivers” which recognize thatrules can be conflicting or unduly burdensome and shall adoptregulations that allow for waivers from the strict compliancewith agency regulations and such waivers shall not beinconsistent with the core missions of the agency. Each Stateagency shall prepare and publish on its website a policydescribing the circumstances in which such waivers will begranted.d. Employ the use of cost/benefit analyses, as wellas scientific and economic research from other jurisdictions,including but not limited to the federal government whenconducting an economic impact analysis on a proposed rule.e. Detail and justify every instance where aproposed rule exceeds the requirements of federal law orregulation. State agencies shall, when promulgating proposedrules, not exceed the requirements of federal law except whenrequired by State statute or in such circumstances whereexceeding the requirements of federal law or regulation isnecessary in order to achieve a New Jersey specific publicpolicy goal.f. Take action to cultivate an approach toregulations that values performance-based outcomes andcompliance, over the punitive imposition of penalties fortechnical violations that do not result in negative impacts tothe public health, safety or environment.2. For intermediate relief from regulatory burdens, Stateagencies shall:a. In the first 90 days of this administration andin coordination with the Red Tape Review Group’s efforts,identify those regulations and processes that impede responsible

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