WHEREAS, the federal government frequently regulates areas that are also subject to State regulation; and

WHEREAS, differing State and federal policy goals and unique State prerogatives frequently result in different levels of regulation, different standards and different requirements being imposed by federal and State programs covering the same subject matter; and

WHEREAS, New Jersey must simultaneously move toward reducing redundant and unnecessary regulation that dulls the State's competitive advantage while being ever vigilant in the protection of the public's health, safety and welfare; and

WHEREAS, New Jersey's administrative agencies should consider applicable federal standards when adopting, readopting or amending regulations with analogous federal counterparts; and

WHEREAS, New Jersey's administrative agencies should analyze whether analogous federal standards sufficiently protect the health, safety and welfare of New Jersey citizens; and

WHEREAS, as part of the formal rule-making process, the public should be advised of the agencies' conclusions about whether analogous federal standards sufficiently protect the health, safety and welfare of New Jersey citizens.

NOW, THEREFORE, I, CHRISTINE TODD WHITMAN, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the Statutes of this State, do hereby ORDER and DIRECT:

1. On or after the effective date of this Order, each administrative agency that adopts, readopts or amends any rule or regulation described in section 2 of this Order shall, in addition to all requirements imposed by existing law and regulation, include as part of the initial publication and all subsequent publications of such rule or regulation, a statement as to whether the rule or regulation in question contains any standards or requirements which exceed the standards or requirements imposed by federal law. Such cost-benefit analysis that supports the agency's decision to impose the standards or requirements and also supports the fact that the State standard or requirement to be imposed is achievable under current technology, notwithstanding the federal government's determination that lesser standards or requirements are appropriate.

2. This Order shall apply to any rule or regulation that is adopted, readopted or amended under the authority of or in order to implement, comply with or participate in any program established under federal law or under a State statute that incorporates or refers to federal law, federal standards or federal requirements.

3. The head of a State agency, upon submission by the agency of the required explanation or analysis of the rule or regulation subject to the provisions of this Order, shall certify in writing that the submission of the State agency permits the public to understand accurately and plainly the purposes and expected consequences of the adoption, readoption or amendment of the rule or regulation.

4. This Order shall take effect sixty (60) days from the date hereof.

GIVEN, under my hand and seal
this 2nd day of November in the
Year of Our Lord, One Thousand
Nine Hundred and Ninety-Four and
of the Independence of the United
States, the Two Hundred and Eighteenth.

(s) Christine Todd Whitman
GOVERNOR

Attest:

(s)Peter Verniero
Chief Counsel to the Governor