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

SCR86

SENATE CONCURRENT RESOLUTION No. 86

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 Cars II" 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 that 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 head of the agency; and

Whereas,

On December 18, 2023 the New Jersey Department of Environmental Protection
(DEP) adopted rules and regulations in the December 18, 2023 New Jersey
Register, 55 N.J.R. 2481(b), which incorporate, by reference, California�s "Advanced
Clean Cars II" (ACC II) program, requiring manufacturers of passenger cars
and light-duty trucks to meet an annual zero-emission vehicle and exhaust
emission requirements; and

Whereas,

In 2003, P.L.2003, c.266 (C.26:2C-8.15 et al.) was enacted, which directed the
DEP to adopt rules and regulations to implement the second phase of
California�s low emission vehicle (LEV II) program beginning in 2009; and

Whereas,

�The ACC II program, adopted by the California Air Resources Board in 2022,
represents a subsequent phase beyond LEV II, introducing more stringent
zero-emission vehicle requirements, and the Legislature has not enacted any law
authorizing 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 LEV II program, the language of the
statute, in P.L.2003, c.266, only authorizes implementation of the LEV II
program and requires further legislative action before the DEP may implement
subsequent phases of the program; and

Whereas,

Pursuant to subsection b. of section 3 of P.L.2003, c.266 (C.26:2C-8.17), the
Commissioner of Environmental Protection is required to provide written notice
and a summary of any proposed major substantive change to the California LEV II
program to the Senate Environment and Energy Committee and the Assembly
Environment and Solid Waste Committee, or their successor committees, within 30
days; and

Whereas,

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

Whereas,

The Commissioner of Environmental Protection 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 Cars
II" 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 the State; 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 18, 2023 New Jersey Register, 55 N.J.R. 2481(b),
which would implement the �Advanced Clean Cars II� program, are inconsistent
with the intent of the Legislature as expressed in P.L.2003, c.266
(C.26:2C-8.15 et al.).

���� 2.��� Copies of this
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 rules and regulations adopted by the
Department of Environmental Protection (DEP) in the December 18, 2023 New
Jersey Register, 55 N.J.R. 2481(b), are inconsistent with the intent of the
Legislature.� The DEP 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. �