This resolution expresses the New Jersey Legislature's determination that the Department of Environmental Protection's (DEP) recently adopted rules and regulations for the "Advanced Clean Cars II" (ACC II) program are inconsistent with legislative intent as outlined in existing law. The ACC II program, which was adopted by California in 2022, imposes stricter zero-emission vehicle requirements than those authorized by New Jersey's previous legislation, specifically P.L.2003, c.266, which only permitted the implementation of the second phase of California's low emission vehicle program. The Legislature contends that the DEP lacked the authority to adopt these new rules without further legislative action and did not provide the required notice to the relevant legislative committees.

As a result, the resolution formally declares the DEP's rules inconsistent with legislative intent and requires the DEP to amend or withdraw the proposed regulations within 30 days of the resolution's transmittal. If the DEP fails to do so, the Legislature retains the option to pass another concurrent resolution to invalidate the rules entirely or in part. Copies of the resolution will be sent to the Governor and the Commissioner of Environmental Protection to ensure proper communication of the Legislature's position.