This concurrent resolution asserts that the rules and regulations adopted by the New Jersey Department of Environmental Protection (DEP) for the "Advanced Clean Trucks" program are inconsistent with the legislative intent as outlined in existing law. The resolution references Article V, Section IV, paragraph 6 of the New Jersey Constitution, which allows the Legislature to review administrative agency rules to ensure they align with legislative intent. The DEP's rules, adopted on December 20, 2021, mandate that manufacturers of medium- and heavy-duty vehicles sell a specified percentage of zero-emission trucks by 2035, incorporating elements from California's "Advanced Clean Trucks" program. However, the resolution argues that the DEP's authority is limited to implementing only the second phase of California's low emission vehicle program, as established by P.L.2003, c.266, and that no legislative authorization has been provided for the adoption of the "Advanced Clean Trucks" program.

As a result, the resolution 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 to the Governor and the DEP Commissioner. If the DEP fails to comply, the Legislature retains the option to invalidate the rules through another concurrent resolution. This process ensures that the Legislature has the opportunity to make informed decisions regarding the adoption of subsequent phases of California's low emission vehicle program and maintains oversight over significant regulatory changes.