The resolution asserts that the New Jersey Department of Environmental Protection's (DEP) recently adopted rules and regulations for the "Advanced Clean Cars II" (ACC II) program are inconsistent with the legislative intent as outlined in existing law. Specifically, the resolution references P.L.2003, c.266, which authorized the DEP to implement only the second phase of California's low emission vehicle program, LEV II, and did not grant authority for subsequent phases like ACC II. The Legislature contends that the DEP failed to provide the required notice to legislative committees regarding these major changes, thereby preventing the Legislature from making an informed decision on whether to authorize the ACC II program.

As a result, the resolution formally declares the DEP's rules and regulations inconsistent with legislative intent and requires the DEP to amend or withdraw these rules 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 the Legislature's position.