Determines that DEP rules and regulations to implement "Advanced Clean Cars II" program are inconsistent with legislative intent.
Impact
If enacted, SCR135 would formally express the Legislature's disapproval of the DEP's actions regarding the ACC II program, reinforcing legislative oversight over administrative agencies. The resolution indicates that the DEP failed to notify the legislature of proposed significant changes as required by previous legislation. The institutional expectation is that such notification allows the legislature to retain the authority to evaluate and approve adaptations like ACC II, thereby ensuring alignment with the original legislative goals and values regarding emissions standards in New Jersey.
Summary
SCR135 is a concurrent resolution introduced in New Jersey that addresses the recent adoption of rules and regulations by the Department of Environmental Protection (DEP) to implement the Advanced Clean Cars II (ACC II) program. This program, which was adopted by California, requires more stringent zero-emission vehicle requirements for passenger cars and light-duty trucks. The resolution asserts that the DEP's adoption of these rules is inconsistent with the legislative intent as defined in existing state law, specifically P.L.2003, c.266, which only authorized DEP to implement the second phase of California's low emission vehicle program (LEV II). Hence, the legislature maintains that further legislative action is necessary to authorize any subsequent phases of the program beyond LEV II.
Contention
The primary contention stems from the balance of power between the legislative body and the DEP. Supporters of SCR135 argue that without legislative review, the DEP's actions could undermine pre-established legislative intent and create regulatory discrepancies. Critics might view the resolution as an obstruction to progressive environmental standards and innovation based on California's successful implementation of similar programs, highlighting a potential conflict between local legislative intent and the adoption of beneficial environmental practices.
Determines that DEP rules and regulations known as " New Jersey Protecting Against Climate Change - Resilient Environment and Landscapes" are inconsistent with legislative intent.
Determines that DEP rules and regulations known as " New Jersey Protecting Against Climate Change - Resilient Environment and Landscapes" are inconsistent with legislative intent.
Directs DEP to adopt rules and regulations to implement California's current low emissions vehicle program, with certain exceptions regarding zero emmission vehicles.
A resolution to direct the Clerk of the House of Representatives to only present to the Governor enrolled House bills finally passed by both houses of the One Hundred Third Legislature.
Relating to nonsubstantive additions to, revisions of, and corrections in enacted codes, to the nonsubstantive codification or disposition of various laws omitted from enacted codes, and to conforming codifications enacted by the 88th Legislature to other Acts of that legislature.