Bill Text: NJ S201 | 2026-2027 | Regular Session | Introduced
Bill Title: Requires DEP to adopt rules and regulations establishing alternative provisions by which vehicle manufacturers may comply with Low Emission Vehicle program.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced) 2026-01-13 - Introduced in the Senate, Referred to Senate Environment and Energy Committee [S201 Detail]
Download: New_Jersey-2026-S201-Introduced.html
STATE OF NEW JERSEY
222nd LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Senator PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
SYNOPSIS
Requires DEP to adopt rules and regulations establishing alternative provisions by which vehicle manufacturers may comply with Low Emission Vehicle program.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the State's Low Emission Vehicle program and amending P.L.2003, c.266.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.2003, c.266 (C.26:2C-8.16) is amended to read as follows:
2. As used in sections 1 through 7 of P.L.2003, c.266 [(C.2C:2C-8.15 et seq.)] (C.26:2C-8.15 through C.26:2C-8.21):
"Advanced technology partial zero emission vehicle" means a vehicle certified as an advanced technology partial zero emission vehicle pursuant to the California Air Resources Board vehicle standards for the applicable model year;
"California Low Emission Vehicle program" means the second phase of the low emission vehicle program being implemented in the State of California, pursuant to the provisions of the Federal Clean Air Act and the California Code of Regulations;
"Commissioner" means the Commissioner of Environmental Protection;
"Department" means the Department of Environmental Protection;
"Federal Clean Air Act" means the federal "Clean Air Act," 42 U.S.C. s.7401 et seq., and any subsequent amendments or supplements to that act;
"Light-duty truck" means (1) a motor vehicle that: (a) has model year of at least the year 2000; (b) is certified to the standards in section 1961(a)(1) of Title 13 of the California Code of Regulations; and (c) is rated at 8,500 pounds gross vehicle weight or less; and (2) any other motor vehicle rated at 6,000 pounds gross vehicle weight or less, which is designed primarily for purposes of transportation of property or is a derivative of such a vehicle, or is available with special features enabling off-street or off-highway operation and use;
"Low Emission Vehicle Review Commission" means the commission established by subsection a. of section 5 of P.L.2003, c.266 (C.26:2C-8.19);
"New vehicle" means any vehicle with 7,500 miles or fewer on its odometer;
"Partial zero emission vehicle" means a vehicle certified as a partial zero emission vehicle pursuant to the California Air Resources Board vehicle standards for the applicable model year;
"Passenger vehicle" means any motor vehicle that is designed primarily for the transportation of individuals and has a design capacity of 12 individuals or fewer;
"State implementation plan" means the State implementation plan for national ambient air quality standards adopted for New Jersey pursuant to the federal Clean Air Act;
"Zero emission vehicle" means a vehicle certified as a zero emission vehicle pursuant to the California Air Resources Board zero emission vehicle standards for the applicable model year, but shall not include an advanced technology partial zero emission vehicle or a partial zero emission vehicle; and
"Zero emission vehicle requirement" means the percentage or number of those vehicles certified as zero emission vehicles pursuant to the California Air Resources Board vehicle standards and required to be delivered by a manufacturer for sale or lease for the applicable model year, and any additional percentages or numbers of advanced technology partial zero emission vehicles or partial zero emission vehicles that may be delivered by a manufacturer for sale or lease to satisfy the zero emission vehicle requirement established by the California Air Resources Board in lieu of vehicles that meet the pure zero emission vehicle standard.
(cf: P.L.2003, c.266, s.2)
2. Section 3 of P.L.2003, c.266 (C.26:2C-8.17) is amended to read as follows:
3. a. Notwithstanding any provision of a State implementation plan submitted by the Department of Environmental Protection to the United States Environmental Protection Agency pursuant to the requirements of the federal "Clean Air Act Amendments of 1990," 42 U.S.C. s.7403 et seq., to the contrary, the department shall implement the California Low Emission Vehicle program in the State beginning on January 1, 2009, except as provided pursuant to sections 6 and 7 of P.L.2003, c.266 (C.26:2C-8.20 and C.26:2C-8.21).
b. 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 this section, shall 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 as designated respectively by the President of the Senate and the Speaker of the General Assembly.
c. The commissioner shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations necessary to implement the California Low Emission Vehicle program in the State beginning on January 1, 2009.
d. (1) No later than one year after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the department shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1) to establish an Interim Alternative ZEV Compliance Program, providing that for model years 2027 through 2031, manufacturers of new vehicles who elect to comply with the Interim Alternative ZEV Compliance Program shall be deemed in compliance with any provisions of the Low Emission Vehicle program established pursuant to subsection c. of this section regulating the production and delivery for sale in New Jersey of zero-emission passenger vehicles or light-duty trucks, including the provisions of N.J.A.C.7:27-29.6.
(2) A manufacturer of new vehicles who elects to comply with the Interim Alternative ZEV Compliance Program shall offer its New Jersey dealers a portfolio of vehicles comprised of the required share of zero-emission vehicles for each year under the Low Emission Vehicle program established pursuant to subsection c. of this section, up to its ability to manufacture the vehicles actually ordered by New Jersey consumers, without any requirement or mandate that a dealer or consumer purchase any specific vehicle.
(3) A manufacturer of new vehicles may elect to comply with the Interim Alternative ZEV Compliance Program for a model year by notifying the department of its intent no later than October 1 of the calendar year preceding the model year.
(4) Notwithstanding the provisions of this section or any other law, rule, or regulation to the contrary, a manufacturer of new vehicles who complies with the Interim Alternative ZEV Compliance Program shall have an adequate and complete defense against any claim for a civil penalty, civil administrative penalty, criminal penalty, injunction, debarment or suspension from eligibility for State contracts, or any other remedy arising from noncompliance with the zero-emission vehicle sales quotas established in the New Jersey Low Emission Vehicle program established pursuant to subsection c. of this section.
(cf: P.L.2003, c.266, s.3)
3. This act shall take effect immediately.
STATEMENT
This bill would require the Department of Environmental Protection (DEP) to adopt rules and regulations, within one year of the bill's enactment, to establish an Interim Alternative ZEV Compliance Program, which would establish alternative provisions by which vehicle manufacturers may comply with the State's Low Emission Vehicle program.
Specifically, the bill would provide that in model years 2027 through 2031, manufacturers of new vehicles who elect to comply with the Interim Alternative ZEV Compliance Program shall be deemed in compliance with any provisions of the Low Emission Vehicle program regulating the production and delivery for sale in New Jersey of zero-emission passenger vehicles or light-duty trucks, including the provisions of N.J.A.C.7:27-29.6. Under the bill, a manufacturer of new vehicles who elects to comply with the Interim Alternative ZEV Compliance Program would be authorized to offer its New Jersey dealers a portfolio of vehicles comprised of the required share of zero-emission vehicles for each year under the Low Emission Vehicle program, up to its ability to manufacture the vehicles actually ordered by New Jersey consumers, without any requirement or mandate that a dealer or consumer purchase any specific vehicle.
