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ACR 150

Determines that DEP rules and regulations known as " New Jersey Protecting Against Climate Change - Resilient Environment and Landscapes" are inconsistent with legislative intent.

2024-2025 Regular Session Introduced by Dawn Fantasia and 8 co-sponsors

NJ Legislature asserts DEP's NJPACT–REAL climate rules conflict with legislative intent; DEP has 30 days to amend/withdraw, or lawmakers may invalidate all or part of the rules.

Introduced in the Assembly, Referred to Assembly Environment, Natural Resources, and Solid Waste Committee
#environment
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Bill Summary · ACR 150

ACR 150 — Concurrent Resolution Summary

Overview

ACR 150 is a concurrent resolution introduced in the New Jersey General Assembly on January 16, 2025. It asserts that the Department of Environmental Protection’s (DEP) proposed rules known as “New Jersey Protecting Against Climate Change – Resilient Environment and Landscapes” (NJPACT – REAL), as published in the August 5, 2024 New Jersey Register, are inconsistent with the Legislature’s intent. The resolution leverages the constitutional mechanism that allows the Legislature to review agency rules for alignment with legislative intent and to act if misalignment is found.

  • Bill type: Concurrent resolution
  • Subject: Environment
  • Status: Introduced in the Assembly; referred to the Assembly Environment, Natural Resources, and Solid Waste Committee
  • Companion bill: SCR 122

Purpose and Intent

  • Declare that DEP’s NJPACT – REAL rules would represent a major climate-change policy shift that DEP would implement without explicit new legislative authorization.
  • Emphasize constitutional limits on executive rulemaking versus legislative enactment, arguing that in this case the DEP overstepped its authority.
  • Urge the DEP to defer to future legislative enactments or to amend/withdraw the proposed rules.

Key Provisions

  1. Declaration of Inconsistency
    • The Legislature states that the DEP’s NJPACT – REAL rules are inconsistent with legislative intent.
  2. Transmission Requirement
    • Copies of the concurrent resolution must be transmitted to the Governor and the DEP Commissioner.
  3. Conditional deference or voiding authority
    • DEP has 30 days after transmittal to amend or withdraw the proposed rules.
    • If DEP does not amend/withdraw, the Legislature may, by passing another concurrent resolution, invalidate the rules in whole or in part under constitutional authority.

Background and Rationale (as stated in the bill)

  • The August 5, 2024 DEP proposal would significantly alter DEP rules and programs, including expanding the Flood Hazard Area under the Flood Hazard Area Control Act.
  • The bill asserts potential adverse impacts on residents, especially coastal communities, including higher property taxes and costs associated with construction and renovations.
  • The resolution questions DEP’s statutory authority, noting that many cited laws are old and not amended to authorize climate-change rulemaking, and that some cited statutes have been repealed or do not authorize comprehensive rulemaking for climate policy.
  • It contrasts DEP’s asserted broad authority with the Legislature’s constitutional role to enact laws, and argues the Legislature should determine climate-change policy.

Affected Parties and Impacts

  • DEP would be the subject of the review and potential withdrawal/invalidations.
  • The Governor would receive the resolution and any subsequent action.
  • New Jersey residents, particularly coastal property owners and developers, would be indirectly affected if the NJPACT – REAL rules are amended, withdrawn, or invalidated (e.g., shifts in regulatory scope, permitting processes, or associated costs).

Procedural and Timeline Aspects

  • Constitutional mechanism: Article V, Section IV, paragraph 6 (legislative review of agency rules).
  • DEP 30-day window to amend or withdraw upon transmittal of the resolution.
  • If not amended/withdrawn, the Legislature may adopt another concurrent resolution to invalidate the rules in whole or in part.

Related Legislation

  • Companion bill: SCR 122 (Senate counterpart)

This summary captures the bill’s purpose, provisions, and potential impact in a clear, nonpartisan manner.

Compiled from official sources — confirm details with the bill’s official record.

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