This concurrent resolution asserts that the rules and regulations adopted by the New Jersey Department of Environmental Protection (DEP) on December 20, 2021, to implement the "Advanced Clean Trucks" program are inconsistent with the legislative intent. The resolution highlights that the DEP's authority, as established by P.L.2003, c.266, is limited to the second phase of California's low emission vehicle program, and no legislative action has been taken to authorize the DEP to adopt rules for the subsequent "Advanced Clean Trucks" program. Furthermore, the DEP failed to provide the required notice to the Legislature regarding these proposed changes, preventing informed legislative decision-making.

As a result, the Legislature declares the DEP's rules and regulations inconsistent with its intent and mandates that the DEP has 30 days to amend or withdraw these rules following the resolution's transmittal. If the DEP does not comply, the Legislature retains the authority to invalidate the rules and regulations through another concurrent resolution. Copies of this resolution will be sent to the Governor and the Commissioner of Environmental Protection to ensure proper communication of the Legislature's findings.