Bill > SCR135

This concurrent resolution challenges the New Jersey Department of Environmental Protection's (DEP) adoption of the "Advanced Clean Cars II" (ACC II) program, asserting that the new regulations are inconsistent with legislative intent. The resolution highlights that while the original 2003 law authorized the DEP to implement the second phase of California's Low Emission Vehicle (LEV II) program, the ACC II program represents a more stringent subsequent phase that was not explicitly authorized by the Legislature. The resolution notes that the DEP Commissioner did not provide the required written notice to legislative committees about the major substantive changes, which would have allowed lawmakers to make an informed decision about the program's adoption. As a result, the resolution gives the DEP 30 days to amend or withdraw the rules, or the Legislature may use its constitutional authority to invalidate the regulations in whole or in part. The ACC II program would require vehicle manufacturers to meet more aggressive zero-emission vehicle and exhaust emission requirements, which the resolution argues goes beyond the original legislative authorization.

Agriculture and Natural Resources

https://www.njleg.state.nj.us/bill-search/2024/SCR135