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, and emphasizes that the ACC II program represents a subsequent phase that requires further legislative approval. The resolution highlights that the DEP did not provide the necessary written notice to the Legislature regarding these changes, thereby preventing informed legislative decision-making.

As a result, the Legislature formally declares the DEP's ACC II rules and regulations inconsistent with its intent and mandates that the DEP has 30 days to amend or withdraw these rules following the resolution's transmittal. If the DEP fails to 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.