Bill Text: NJ SCR82 | 2026-2027 | Regular Session | Introduced
Bill Title: Determines that DEP rules and regulations to implement "Advanced Clean Trucks" program are inconsistent with legislative intent.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced) 2026-02-05 - Introduced in the Senate, Referred to Senate Environment and Energy Committee [SCR82 Detail]
Download: New_Jersey-2026-SCR82-Introduced.html
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.
