Bill Text: NJ S2252 | 2024-2025 | Regular Session | Introduced
Bill Title: Directs DEP to adopt rules and regulations to implement California's current low emissions vehicle program, with certain exceptions regarding zero emmission vehicles.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-09 - Introduced in the Senate, Referred to Senate Environment and Energy Committee [S2252 Detail]
Download: New_Jersey-2024-S2252-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Senator JOHN J. BURZICHELLI
District 3 (Cumberland, Gloucester and Salem)
SYNOPSIS
Directs DEP to adopt rules and regulations to implement California's current low emissions vehicle program, with certain exceptions regarding zero emission vehicles.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning emissions from motor vehicles 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.):
"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;
"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);
"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;
"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 second phase of 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 second phase of the California Low Emission Vehicle program in the State beginning on January 1, 2009.
d. No later than one year after the date of enactment of P.L. , c. (pending before the Legislature as this bill), the commissioner shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to implement the California Low Emission Vehicle program as that program exists on the date of enactment of P.L. , c. (pending before the Legislature as this bill), except that the rules and regulations shall not include any zero emission vehicle requirement that exceeds the zero emission vehicle requirement in effect in the State as of November 1, 2023. The department may provide for incentives and other market mechanisms to increase the number of zero emission vehicles driven in the State in the rules and regulations adopted pursuant to this subsection.
(cf: P.L.2003, c.266, s.3)
3. This act shall take effect immediately.
STATEMENT
This bill would direct the Department of Environmental Protection (DEP) to adopt rules and regulations, within one year after the bill's enactment, to implement the current low emissions vehicle program in California, the latest amendments to which are colloquially known as the "Advanced Clean Cars II" program, with the exception that the bill would prohibit the DEP from adopting any rules or regulations to increase the zero emission vehicle requirement (i.e., the percentage or number of zero emission vehicles that are required to be delivered by a manufacturer for sale or lease for the applicable model year), beyond the level in effect in the State as of November 1, 2023. The bill would authorize the DEP to include, in the rules and regulations, incentives and other market mechanisms to increase the number of zero emission vehicles driven in the State.
The bill would also clarify that "California Low Emission Vehicle program," as used in sections 1 through 7 of P.L.2003, c.266 (C.2C:2C-8.15 et seq.), refers to the California low emission vehicle program as a whole, and not merely to the second phase of that program. The second phase was adopted by the California Air Resources Board in 1999.
