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SCR 135

Determines that DEP rules and regulations to implement "Advanced Clean Cars II" program are inconsistent with legislative intent.

2024-2025 Regular Session Introduced by Carmen Amato

SCR 135 flags DEP's ACC II rule as inconsistent with law, triggers constitutional review, and gives DEP 30 days to amend/withdraw; otherwise the Legislature may invalidate the rules.

Introduced in the Senate, Referred to Senate Environment and Energy Committee
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Bill Summary · SCR 135

Summary — SCR 135 (2025)

Status: Concurrent resolution — Introduced March 7, 2025; Adopted in final form April 16, 2025. Referred to Senate Environment & Energy Committee.
Subject: Environment — legislative review of DEP rulemaking on vehicle emissions standards.

Main purpose

SCR 135 declares that rules adopted by the New Jersey Department of Environmental Protection (DEP) on December 18, 2023 (55 N.J.R. 2481(b)), which incorporate California’s "Advanced Clean Cars II" (ACC II) program, are inconsistent with the Legislature’s intent as expressed in P.L.2003, c.266 (C.26:2C-8.15 et al.). The resolution formally transmits that finding to the Governor and the DEP and triggers the constitutional review process under Article V, Section IV, paragraph 6 of the New Jersey Constitution.

Key provisions

  • Finds DEP’s December 18, 2023 rulemaking adopting ACC II (annual zero-emission vehicle and exhaust-emission requirements for passenger cars and light‑duty trucks) inconsistent with legislative intent under P.L.2003, c.266.
  • States that P.L.2003, c.266 authorized implementation only of the second phase of California’s LEV II program (beginning in 2009) and did not authorize subsequent phases such as ACC II.
  • Notes statutory notice requirement (P.L.2003, c.266, §3(b) — C.26:2C-8.17) that the DEP Commissioner must provide written notice and a summary of any proposed major substantive change to the LEV II program to designated legislative committees; finds that no such notice was given for ACC II.
  • Directs that copies of the resolution be sent to the Governor and DEP Commissioner.
  • Provides the DEP 30 days from transmittal of the resolution to amend or withdraw the rules; if DEP does not, the Legislature may pursue a second concurrent resolution to invalidate the rules in whole or in part.

Who is affected

  • Department of Environmental Protection: its rulemaking adopting ACC II is the subject of the resolution.
  • Vehicle manufacturers and dealers: ACC II would impose stricter zero-emission vehicle (ZEV) and exhaust-emission requirements; this resolution challenges the DEP’s authority to adopt those standards absent further legislative authorization.
  • Legislature/Governor: procedural/constitutional roles in rule review and possible invalidation.

Legal/Procedural basis and possible outcomes

  • Uses the Legislature’s constitutional authority to review administrative rules (Art. V, Sec. IV, ¶6).
  • Outcomes: DEP can amend or withdraw the ACC II rules within 30 days of receipt; alternatively, the Legislature may move to invalidate the rules by further concurrent resolution.

Related measures

  • SR 114 (companion), ACR 174 (companion).

Legislative history highlights

  • Introduced 03/07/2025; committee referrals and amendments in March–April 2025; reported/adopted by both houses and finalized 04/16/2025.

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

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