This concurrent resolution asserts that the rules and regulations adopted by the New Jersey Department of Environmental Protection (DEP) on January 20, 2026, known as the "New Jersey Protecting Against Climate Change Resilient Environment and Landscapes" (NJPACT REAL), are inconsistent with the legislative intent of the state. The resolution highlights concerns that these rules significantly alter existing DEP regulations, particularly by expanding the Flood Hazard Area and imposing restrictions that could limit development rights for homeowners and property owners, potentially devaluing properties and increasing housing costs across New Jersey. The Legislature argues that the DEP has overstepped its constitutional authority by enacting what amounts to new laws without explicit legislative authorization.

The resolution calls for the DEP to amend or withdraw these rules within 30 days of the resolution's transmittal to the Governor and the Commissioner of Environmental Protection. If the DEP fails to do so, the Legislature reserves the right to invalidate the regulations through another concurrent resolution. The statement emphasizes the need for careful consideration of the economic and social impacts of such significant regulatory changes, asserting that the DEP's claims of statutory authority for these rules are inadequate and not reflective of the Legislature's intent regarding climate change legislation.