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

2026-2027 Regular Session Introduced by Bob Auth and 10 co-sponsors

New Jersey lawmakers say DEP’s Advanced Clean Trucks rules exceed authority and must be withdrawn or amended within 30 days, or the Legislature may invalidate them.

Introduced, Referred to Assembly Transportation and Independent Authorities Committee

What the bill does

ACR 69 is a concurrent resolution by the New Jersey Legislature stating that the Department of Environmental Protection (DEP) rules adopted on December 20, 2021, in the New Jersey Register (53 N.J.R. 2148(a)) to implement the so-called “Advanced Clean Trucks” (ACT) program are inconsistent with legislative intent.

The resolution asserts that DEP rules implementing ACT exceed the authority granted by law and have not been authorized by the Legislature.

Purpose and intent

To formally review and evaluate DEP regulations under Article V, Section IV, paragraph 6 of the New Jersey Constitution, which allows the Legislature to determine if agency rules align with legislative intent.

To require DEP to withdraw or amend the ACT rules within 30 days of transmittal of the resolution if DEP wishes to maintain the regulations.

If DEP does not amend or withdraw the regulations within 30 days, the Legislature may exercise its constitutional authority to invalidate the rules, in whole or in part, by passing another concurrent resolution.

Key provisions and changes described in the bill

Declares the December 20, 2021 DEP rules implementing ACT as inconsistent with legislative intent.

Specifies that the DEP’s ACT rules rely on California’s “Advanced Clean Trucks” program, which is distinct from New Jersey’s previously enacted framework for low-emission vehicles.

Asserts that New Jersey’s statutory authority (specifically P.L. 2003, c.266, C.26:2C-8.16 et seq.) only authorized implementation of the second phase of California’s Low Emission Vehicle (LEV) program, not ACT’s broader or newer phases. Any subsequent phases or changes require additional legislative action.

Notes that DEP did not provide the required 30-day written notice to the Senate Environment Committee and Assembly Environment and Solid Waste Committee regarding proposed major substantive changes to California’s LEV program that would affect New Jersey’s program, depriving the Legislature of an informed decision.

Who/what would be affected

The DEP’s 2021 ACT rules/regulations implementing the ACT program in New Jersey.

Stakeholders in medium- and heavy-duty vehicle manufacturing and sales, fleet operators, and environmental policy observers who would be affected by the DEP’s clean trucks standards.

The Legislature, which would retain procedural leverage to invalidate or compel modification of the rules if DEP does not respond within the 30-day window.

Procedural and timeline aspects

Once the concurrent resolution is transmitted to the Governor and DEP Commissioner, DEP has 30 days to amend or withdraw the rules.

If DEP does not amend/withdraw within 30 days, the Legislature may pass another concurrent resolution to invalidate the rules in whole or in part, using its constitutional authority.

The bill was introduced on January 13, 2026, and referred to the Assembly Transportation and Independent Authorities Committee. Co-sponsors include several Assembly members (names listed in sponsor section).

Practical implications

The resolution does not itself change DEP rules but challenges their validity and signals legislative opposition.

It creates a formal deadline for DEP to act and could lead to withdrawal or revision of ACT-related regulations if the Legislature remains dissatisfied.

It clarifies the Legislature’s view that authorization for ACT-like measures requires explicit statutory action, not regulatory adoption under evolving California programs.

Bill