Bill Text: NJ ACR87 | 2026-2027 | Regular Session | Introduced
Bill Title: Determines that DEP rules and regulations to implement "Advanced Clean Cars II" program are inconsistent with legislative intent.
Sponsorship: Partisan Bill (Republican 6)
Status: (Introduced) 2026-01-13 - Introduced, Referred to Assembly Transportation and Independent Authorities Committee [ACR87 Detail]
Download: New_Jersey-2026-ACR87-Introduced.html
ASSEMBLY CONCURRENT RESOLUTION No. 87
STATE OF NEW JERSEY
222nd LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman BRIAN E. RUMPF
District 9 (Ocean)
Assemblyman GREGORY E. MYHRE
District 9 (Ocean)
Co-Sponsored by:
Assemblyman Scharfenberger and Assemblywoman Fantasia
SYNOPSIS
Determines that DEP rules and regulations to implement "Advanced Clean Cars II" program are inconsistent with legislative intent.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
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 General Assembly of the State of New Jersey (the Senate 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.
