Determines that DEP rules and regulations to implement "Advanced Clean Cars II" program are inconsistent with legislative intent.
Summary
SCR86 is a concurrent resolution asserting that the New Jersey Department of Environmental Protection’s December 18, 2023 rules adopting California’s Advanced Clean Cars II (ACC II) program exceed the authority the Legislature granted in P.L.2003, c.266. The resolution states that the 2003 law authorized DEP to implement only the second phase of California’s Low Emission Vehicle II (LEV II) program, and that ACC II is a later, more stringent program requiring additional legislative approval before adoption in New Jersey.
The resolution also claims DEP failed to provide the written notice and summary of a major substantive change to the relevant legislative committees as required by the 2003 statute. On that basis, SCR86 declares the ACC II-related rules inconsistent with legislative intent and transmits that finding to the Governor and DEP Commissioner. It further gives DEP 30 days to amend or withdraw the rules, after which the Legislature could pursue a follow-up concurrent resolution to invalidate them in whole or in part.
Impact
If adopted, SCR86 would not itself repeal any statute, but it would formally place the Legislature on record that DEP’s ACC II regulations conflict with the intent of P.L.2003, c.266 (C.26:2C-8.15 et al.). The practical effect would be to pressure DEP to revise or withdraw the rules and could set up a later constitutional challenge to invalidate the regulations. The resolution directly affects DEP rulemaking authority, vehicle emissions standards, and manufacturers of passenger cars and light-duty trucks subject to zero-emission vehicle requirements in New Jersey.
Sentiment
The available context shows the bill as a legislative pushback against DEP’s adoption of ACC II, suggesting support among sponsors for limiting agency action without explicit statutory authorization. Because there are no committee transcripts or recorded votes provided, there is no documented bipartisan debate or formal vote sentiment in the supplied materials. The overall tone of the resolution is critical of DEP and favorable to legislative control over emissions policy.
Contention
The central point of contention is whether P.L.2003, c.266 authorized DEP only to implement LEV II or also allowed later California vehicle-emissions phases such as ACC II. Supporters of SCR86 argue that ACC II is a new, more stringent program requiring fresh legislative approval and that DEP failed to provide required notice to the Legislature. Opponents would likely argue that DEP had sufficient regulatory authority to align New Jersey with California’s evolving clean-car standards and that ACC II is a permissible extension of the existing framework.
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.