Bill > ACR174

This concurrent resolution declares that the New Jersey Department of Environmental Protection's (DEP) recently adopted rules implementing the "Advanced Clean Cars II" (ACC II) program are inconsistent with legislative intent. The resolution stems from the fact that in 2003, the Legislature had authorized DEP to implement only the second phase of California's low emission vehicle (LEV II) program, and the new ACC II rules represent a more stringent subsequent phase that was not explicitly authorized by legislative action. Specifically, the DEP adopted these rules without providing mandatory written notice to legislative committees as required by previous statute, which would have allowed lawmakers to make an informed decision about authorizing the program's adoption. The resolution gives the DEP 30 days to amend or withdraw the rules, after which the Legislature may use its constitutional authority to invalidate the regulations entirely if the department does not comply. This action represents a check on administrative rulemaking to ensure it aligns with the original legislative purpose and maintains legislative oversight of regulatory processes.

Transportation and Infrastructure

https://www.njleg.state.nj.us/bill-search/2024/ACR174