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

2026-2027 Regular Session Introduced by Dawn Fantasia and 5 co-sponsors

NJ ACR 87 asserts DEP lacked authorization for ACC II rules and requires amendment/withdrawal within 30 days or potential legislative invalidation.

Introduced, Referred to Assembly Transportation and Independent Authorities Committee

Purpose and Intent

ACR 87 is a concurrent resolution that asserts the New Jersey Legislature’s authority to review Department of Environmental Protection (DEP) rules for consistency with legislative intent.

It specifically targets DEP rules adopted on December 18, 2023, which incorporate California’s Advanced Clean Cars II (ACC II) program by reference and require manufacturers of passenger cars and light-duty trucks to meet stricter zero-emission and exhaust emission standards.

Background Context

New Jersey law previously directed DEP to implement California’s LEV II (second phase of the low-emission vehicle program) starting in 2009 (P.L.2003, c.266).

ACC II represents a more stringent, later phase beyond LEV II. The Legislature argues it has not authorized DEP to adopt ACC II rules.

Under existing statute, DEP is required to notify legislative committees about major substantive changes to California’s LEV II program within 30 days, enabling legislative consideration of whether to authorize those changes or revert to federal standards.

The December 2023 DEP action did not provide such notice to the relevant committees, according to the resolution’s statements.

Key Provisions of the Resolution

The Legislature finds that DEP’s December 18, 2023, ACC II rules implemented by reference are inconsistent with legislative intent.

It directs that copies of the resolution be transmitted to the Governor and the DEP Commissioner.

It provides DEP with a 30-day window, from transmittal of the resolution, to amend or withdraw the ACC II rules and regulations.

If DEP does not revise or withdraw the rules within 30 days, the Legislature may pass another concurrent resolution to invoke its constitutional authority to invalidate the rules (in whole or in part).

Who/What Is Affected

DEP: The agency responsible for rulemaking and the rules implementing ACC II are under review.

California ACC II program rules incorporated by reference into New Jersey law: the resolution challenges their application in New Jersey absent explicit legislative authorization.

Members of the New Jersey Legislature and the Governor: given oversight and potential action to invalidate or require amendment.

Consumers, manufacturers, and the broader transportation-emissions landscape in New Jersey: affected to the extent DEP would modify or withdraw the ACC II-related rules.

Procedural and Timeline Aspects

Date of action: DEP adopted ACC II-related rules in the December 18, 2023 New Jersey Register.

The resolution establishes a 30-day window for DEP to amend or withdraw the rules following transmittal of the resolution.

If unresolved, the Legislature may pursue further concurrent action to invalidate the rules, leveraging constitutional authority.

Summary Assessment

ACR 87 serves as a legislative check on DEP’s adoption of ACC II-based vehicle emissions rules by reference. It contends that DEP lacked explicit legislative authorization for ACC II beyond LEV II and seeks to compel either amendment/withdrawal within 30 days or possible legislative invalidation. The measure emphasizes transparency and adherence to statutory authority in environmental rulemaking and ensures legislative oversight over major shifts in vehicle emissions policy in New Jersey.

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