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ACR 153

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

2024-2025 Regular Session Introduced by Bob Auth and 11 co-sponsors

ACR 153 holds NJ DEP's Advanced Clean Trucks rules invalid without legislative authorization, requires a 30-day review after transmittal, and could invalidate or amend the rules.

Introduced in the Assembly, Referred to Assembly Transportation and Independent Authorities Committee
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Bill Summary · ACR 153

Summary: ACR 153 (Concerning DEP rules for the "Advanced Clean Trucks" program)

  • Bill type and status

    • Bill Number: ACR 153
    • Title: Determines that DEP rules and regulations to implement the "Advanced Clean Trucks" program are inconsistent with legislative intent
    • Type: Concurrent resolution
    • Introduced: February 10, 2025
    • Committee assignment: Assembly Transportation and Independent Authorities Committee
    • Relationship: Companion to SCR 121

  • Purpose and intent

    • The resolution declares that the Department of Environmental Protection (DEP) rules adopted on December 20, 2021 (New Jersey Register, 53 N.J.R. 2148(a)) to implement what is referred to as the "Advanced Clean Trucks" (ACT) program are not consistent with the Legislature’s intent.
    • It asserts that DEP’s rules are not authorized by existing New Jersey law and that procedural safeguards for legislative oversight were not followed.

  • Key provisions and changes (as stated in the introduced version)

    • Findings:
    • DEP’s 2021 rules would require on-road medium- and heavy-duty vehicle manufacturers to meet annual zero-emission truck sales shares (e.g., 55% of Class 2b-3, 75% of Class 4-8, and 40% of Class 7-8 tractor sales by 2035) and reference California’s Advanced Clean Trucks program.
    • The ACT program is distinct from California’s second phase of its Low Emission Vehicle (LEV) program, and the Legislature has not enacted any law authorizing NJ DEP to adopt ACT rules.
    • P.L.2003, c.266 authorized DEP to implement only the second phase of California’s LEV program; subsequent phases require explicit legislative action.
    • A provision (C.26:2C-8.17, subsection b) requires the DEP Commissioner to notify the Senate Environment Committee and the Assembly Environment and Solid Waste Committee within 30 days of any proposed major substantive change to CA LEV that would require a NJ adjustment. The bill contends this notice did not occur for ACT.
    • Legislative action:
    • The Legislature declares the DEP’s ACT rules inconsistent with legislative intent.
    • It directs that copies of the resolution be transmitted to the Governor and the DEP Commissioner.
    • 30-day review period and potential invalidation:
    • Under Article V, Section IV, paragraph 6 of the New Jersey Constitution, the DEP would have 30 days after transmittal to amend or withdraw the proposed rules and regulations.
    • If DEP does not amend or withdraw within 30 days, the Legislature may, by passage of another concurrent resolution, exercise its constitutional authority to invalidate the DEP rules in whole or in part.

  • Who would be affected?

    • The DEP and its rulemaking authority regarding vehicle emission standards.
    • On-road medium- and heavy-duty vehicle manufacturers affected by NJ’s emission rules.
    • The Legislature, which would retain its constitutional oversight power to invalidate rules.
    • The Governor, to whom the resolution would be transmitted, along with the DEP Commissioner.

  • Procedural and timeline aspects

    • If adopted, the resolution serves as a formal legislative finding that DEP’s ACT rules are inconsistent with legislative intent.
    • The DEP would have 30 days to amend or withdraw the rules after transmission.
    • Alternatively, the Legislature could pass another concurrent resolution to invalidate the rules (in whole or in part) under the Constitution.
    • The introduced bill is currently at the committee stage; the related SCR 121 is a Senate companion measure.

  • Context and potential impact

    • This measure represents legislative oversight aimed at preventing or delaying deployment of NJ rules modeled on California’s ACT program without explicit statutory authorization.
    • If enacted, DEP’s ACT rules could be amended, withdrawn, or negated by concurrent resolution, absent legislative authorization for subsequent phases of the program.

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

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