The resolution asserts that the rules and regulations adopted by the New Jersey Department of Environmental Protection (DEP) on December 18, 2023, to implement the "Advanced Clean Cars II" (ACC II) program are inconsistent with the legislative intent as outlined in P.L.2003, c.266. This law specifically authorized the DEP to adopt rules for the second phase of California's low emission vehicle program, but did not grant authority for subsequent phases like the ACC II program, which imposes stricter zero-emission vehicle requirements. The resolution highlights that the DEP failed to provide the required notice to the Legislature regarding these major changes, preventing informed legislative decision-making.

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