Determines that DEP rules and regulations to implement "Advanced Clean Trucks" program are inconsistent with legislative intent.

SCR82

SENATE CONCURRENT RESOLUTION No. 82

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 5, 2026

Sponsored by:

Senator� CARMEN F. AMATO, JR.

District 9 (Ocean)

SYNOPSIS

���� Determines that DEP rules and regulations to
implement �Advanced Clean Trucks" program are inconsistent with
legislative intent.

CURRENT VERSION OF TEXT

���� As introduced.

��

A
Concurrent Resolution

concerning
legislative review of Department of Environmental Protection rules and
regulations pursuant to Article V, Section IV, paragraph 6 of the Constitution
of the State of New Jersey.

Whereas,

Article V, Section IV, paragraph 6 of the Constitution of the State of New
Jersey provides that the Legislature may review any rule or regulation of an
administrative agency to determine if the rule or regulation is consistent with
the intent of the Legislature and, upon a finding that the rule or regulation
is not consistent with legislative intent, may transmit such finding to the
Governor and the head of the agency; and

Whereas,

In the December 20, 2021 New Jersey Register, 53 N.J.R. 2148(a), the Department
of Environmental Protection (DEP) adopted rules and regulations that would,
among other things, require on-road medium- and heavy-duty vehicle
manufacturers to sell a certain percentage of zero emission trucks annually,
specifically 55 percent of Class 2b-3 vehicle sales, 75 percent of class 4-8
vehicle sales, and 40 percent of Class 7-8 truck tractor sales by 2035; and

Whereas,

The rules and regulations incorporate, by reference, rules and regulations
adopted in California, which are colloquially known as the "Advanced Clean
Trucks" program; and

Whereas,

In 2003, P.L.2003, c.266 (C.26:2C-8.16 et seq.) was enacted, which directed the
DEP to adopt rules and regulations to implement the second phase of
California's low emission vehicle program, beginning in 2009; and

Whereas,

The "Advanced Clean Trucks� program is distinct from the second phase of
California's low emission vehicle program and the Legislature has not enacted
any law to authorize the DEP to adopt rules and regulations to implement this
program; and

Whereas,

By specifying that the authority of the DEP only extended to the implementation
of the second phase of California's low emission vehicle program, the language
of the statute, in P.L.2003, c.266, only authorizes implementation of the
second phase of the low emission vehicle program and requires further
legislative action before the DEP may implement subsequent phases of the
program; and

Whereas,

Subsection b. of section 3 of P.L.2003, c.266 (C.26:2C-8.17) requires the
Commissioner of Environmental Protection, within 30 days after a proposed major
substantive change to the California Low Emission Vehicle program that, if
adopted, would necessitate a corresponding substantive change to the program in
New Jersey adopted pursuant to subsection a. of section 3 of P.L.2003, c.266
(C.26:2C-8.17), to provide written notice and a summary of the proposed
substantive change to the Senate Environment Committee and the Assembly
Environment and Solid Waste Committee, or their successors; and

Whereas,

This provision allows the Legislature to make an informed decision about
whether to authorize� subsequent phases of California's low emission vehicle
program, or whether to revert to the federal low emission vehicle program; and

Whereas,

The DEP Commissioner did not provide any such written notice to the Senate
Environment and Energy Committee or the Assembly Environment and Solid Waste
Committee regarding the "Advanced Clean Trucks" rules and
regulations, and the Legislature was not given the opportunity to make an
informed decision about whether or not to authorize the program's adoption in
New Jersey; now, therefore,

����
Be It
Resolved
by the Senate of the State of New
Jersey (the General Assembly concurring):

���� 1.� The Legislature declares
that the rules and regulations adopted by the Department of Environmental
Protection in the December 20, 2021 New Jersey Register, 53 N.J.R. 2148(a),
which would implement the "Advanced Clean Trucks" program in New Jersey
are inconsistent with legislative intent.

���� 2.� Copies of this concurrent
resolution, as filed with the Secretary of State, shall be transmitted by the
Clerk of the General Assembly or the Secretary of the Senate to the Governor
and the Commissioner of Environmental Protection.

���� 3.� Pursuant to Article V,
Section IV, paragraph 6 of the Constitution of the State of New Jersey, the
Department of Environmental Protection shall have 30 days following transmittal
of this resolution to amend or withdraw the proposed rules and regulations or
the Legislature may, by passage of another concurrent resolution, exercise its
authority under the Constitution to invalidate the rules and regulations in
whole or in part.

STATEMENT

���� This concurrent resolution
embodies the finding of the Legislature that the rule and regulations adopted
by the Department of Environmental Protection in the December 20, 2021 New
Jersey Register, 53 N.J.R. 2148(a), are not consistent with the intent of the
Legislature.� The Department of Environmental Protection would have 30 days
from the date of transmittal of this resolution to amend or withdraw the rules
and regulations or the Legislature may, by passage of another concurrent
resolution, exercise its authority under the Constitution to invalidate the
rules and regulations in whole or in part.�