This concurrent resolution asserts that the rules and regulations adopted by the New Jersey Department of Environmental Protection (DEP) to implement the "Advanced Clean Trucks" program are inconsistent with the legislative intent. The resolution references Article V, Section IV, paragraph 6 of the New Jersey Constitution, which allows the Legislature to review administrative agency rules and determine their alignment with legislative intent. The DEP's rules, published in the December 20, 2021 New Jersey Register, mandate that manufacturers of medium- and heavy-duty vehicles sell a specified percentage of zero-emission trucks by 2035. However, the resolution highlights that these rules incorporate elements from California's "Advanced Clean Trucks" program, which is distinct from the previously authorized second phase of California's low emission vehicle program.

The resolution emphasizes that the DEP lacked the legislative authorization to adopt the "Advanced Clean Trucks" program, as the existing statute only permits the implementation of the second phase of the low emission vehicle program. Furthermore, the DEP Commissioner failed to provide the required notice to the Legislature regarding these substantive changes, preventing informed legislative decision-making. As a result, the resolution declares the DEP's rules inconsistent with legislative intent and allows the DEP 30 days to amend or withdraw the proposed regulations. If the DEP does not comply, the Legislature may take further action to invalidate the rules.