TRENTON, N.J. — New Jersey lawmakers are challenging the state Department of Environmental Protection’s (DEP) implementation of the “Advanced Clean Trucks” program, arguing that the rules exceed the agency’s legislative authority.
A concurrent resolution sponsored by Senator Carmen F. Amato, Jr. (R-Ocean) states that the DEP’s regulations, which require manufacturers to sell increasing percentages of zero-emission trucks through 2035, were not authorized by state law. The rules, adopted in December 2021, align with California’s emissions standards rather than New Jersey’s existing low-emission vehicle program.
The resolution argues that a 2003 state law authorized only the implementation of California’s second-phase low-emission vehicle program but did not grant DEP the power to enforce subsequent phases without further legislative approval.
It also contends that DEP failed to notify key legislative committees of the new regulations, as required.
“The Legislature was not given the opportunity to make an informed decision about whether or not to authorize the program’s adoption in New Jersey,” the resolution states. Lawmakers assert that DEP must either amend or withdraw the rules within 30 days or risk a legislative vote to invalidate them.