Prohibits DEP and other State agencies from adopting certain rules and regulations without Legislative approval.

A4971

ASSEMBLY, No. 4971

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MAY 7, 2026

Sponsored by:

Assemblyman� ANTWAN L. MCCLELLAN

District 1 (Atlantic, Cape May and Cumberland)

SYNOPSIS

���� Prohibits DEP and other State agencies from adopting
certain rules and regulations without Legislative approval.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning rules and regulations of State agencies and
amending P.L.2007, c.112.

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

���� 1.��� Section 5 of P.L.2007,
c.112 (C.26:2C-41) is amended to read as follows:

���� 5.��� a.� No later than 18
months after the effective date of P.L.2019, c.197, the department shall adopt,
pursuant to the "Administrative Procedure Act," P.L.1968, c.410
(C.52:14B-1 et seq.), rules and regulations establishing a greenhouse gas emissions
monitoring and reporting program to monitor and report Statewide greenhouse gas
emissions.

���� b.� The rules and regulations
adopted pursuant to subsection a. of this section shall identify all
significant sources of Statewide greenhouse gas emissions including short-lived
climate pollutants, and shall provide for, but need not be limited to, the following:

���� (1)�� monitoring and reporting
of existing emissions and changes in emissions over time from the sources
identified by the department;

���� (2)�� reporting the levels of
those emissions and changes in those emissions levels annually, commencing 18
months after the effective date of P.L.2019, c.197; and

���� (3)�� monitoring progress
toward the 2020 limit and the 2050 limit and any interim limits.

���� c.� Pursuant to the rules and
regulations adopted pursuant to subsection a. of this section, the department
shall require reporting of the greenhouse gas emissions:

���� (1)�� associated with fossil
fuels used in the State, as reported by entities that are manufacturers and
distributors of fossil fuels, which may include, but need not be limited to,
oil refineries, oil storage facilities, natural gas pipelines, and fuel wholesale
and retail distributors;

���� (2)�� from any entity
generating electricity in the State and from any entity that generates
electricity outside the State that is delivered for end use in the State.� With
respect to electricity generated outside the State and imported into the State,
the department shall determine the emissions from that generation by
subtracting the kilowatt-hours of electricity generated in the State from the
kilowatt-hours of electricity consumed in the State, and multiplying the
difference by a default emissions rate determined by the department;

���� (3)�� from any gas public
utility as defined in section 3 of P.L.1999, c.23 (C.48:3-51); and

���� (4)�� from any additional
entities that are significant emitters of greenhouse gases, as determined by
the department, and as appropriate to enable the department to monitor
compliance with progress toward the 2020 limit and the 2050 limit.

���� d.� No later than 18 months
after the department prepares and transmits the report as required pursuant to
subsection c. of section 6 of P.L.2007, c.112 (C.26:2C-42), the department
shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968,
c.410 (C.52:14B-1 et seq.), rules and regulations establishing interim
benchmarks necessary to achieve the 2050 limit, and measures necessary to
achieve the 2050 limit and the established interim benchmarks.

����
e.� Neither the department
nor any other State agency is authorized to adopt rules and regulations in
response to climate change that exceed the scope of the rules and regulations
authorized pursuant to this section. �The provisions of this subsection shall
apply to, but need not be limited to, rules and regulations that are based on
climate change projections or predictions, including those relating to the
State flood hazard area, pursuant to the �Flood Hazard Area Control Act,�
P.L.1962, c.19, (C.58:16A-50 et seq.) and permitting requirements for coastal
developments established in the �Coastal Area Facility Review Act,� P.L.1973,
c.185, (C.13:19-1 et seq.).

(cf: P.L.2019, c.197, s.3)

���� 2. �This act shall take effect
immediately.

STATEMENT

���� This bill prohibits the
Department of Environmental Protection (department) and other State agencies
from adopting rules or regulations concerning climate change when those rules
and regulations exceed the scope of the �Global Warming Response Act,� P.L.2007,
c.112 (C.26:2C-37 et al.). �The �Global Warming Response Act� authorizes the department
to adopt rules and regulations to identify, monitor, and report on levels of
greenhouse gas emissions and short-lived climate pollutants in the State.

���� The provisions of the bill apply
to, but are not limited to, rules and regulations that are based on climate
change projections or predictions, including those relating to the State flood
hazard area and permitting requirements for coastal developments, which affect
energy development, construction, transportation, and manufacturing.

���� The bill is in response to
Executive Order 100, which gave sweeping new powers to the Department of
Environmental Protection to impose aggressive climate regulations through the
�Protecting against Climate Threats� initiative. �The rules bypassed the
Legislature and opened the door to higher costs, delayed permits, and rigid
mandates that harmed New Jersey�s economy and energy reliability.� Restoring
the Legislature�s role in setting energy and environmental policy will restore State
government checks and balances, reduce unnecessary regulatory burdens on residents
and businesses, and prevent future governors and unelected administrators from
conducting business in secret. �