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 of the state. 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, which require medium- and heavy-duty vehicle manufacturers to sell a specified percentage of zero-emission trucks by 2035, are based on California's "Advanced Clean Trucks" program. However, the resolution argues that the Legislature has not authorized the DEP to adopt these rules, as previous legislation only permitted the implementation of the second phase of California's low emission vehicle program.
The resolution concludes by declaring the DEP's rules inconsistent with legislative intent and mandates that copies be sent to the Governor and the DEP Commissioner. Following this transmittal, the DEP has 30 days to amend or withdraw the proposed rules. If the DEP does not comply, the Legislature retains the authority to invalidate the rules through another concurrent resolution. This process ensures that the Legislature can make informed decisions regarding the adoption of subsequent phases of California's low emission vehicle program.