New Jersey-2014-A2405-Introduced

An Act concerning low emission and zero emission vehicles, establishing the Clean Vehicle Task Force, amending P.L.2003, c.266, and repealing sections 1 and 5 through 7 of P.L.2003, c.266.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) a. There is established the "Clean Vehicle Task Force." The task force shall comprise 11 members to be selected and qualified as follows:

(1) The Commissioner of Environmental Protection, or the commissioner's designee, who shall serve ex officio and who shall serve as chairperson of the task force;

(2) The President of the Board of Public Utilities, or the president's designee, who shall serve ex officio;

(3) The Commissioner of Transportation, or the commissioner's designee, who shall serve ex officio;

(4) The State Treasurer, or the State Treasurer's designee, who shall serve ex officio;

(5) The Director of the Division of Rate Counsel, in but not of the Department of the Treasury, or the director's designee, who shall serve ex officio;

(6) One member of the General Assembly appointed by the Speaker of the General Assembly, or the member's designee, who shall serve ex officio;

(7) One member of the Senate appointed by the President of the Senate, or the member's designee, who shall serve ex officio;

(8) A member representing manufacturers of automobiles sold within the State, appointed by the Governor with the advice and consent of the Senate;

(9) A member representing automotive retailers, appointed by the Governor with the advice and consent of the Senate;

(10) A member of a recognized Statewide environmental organization, appointed by the Governor with the advice and consent of the Senate; and

(11) A representative of a public electric or gas utility, appointed by the Governor with the advice and consent of the Senate.

b. All appointed members shall be appointed within 30 days after the effective date of this act. All vacancies in the membership of the task force shall be filled in the same manner as the original appointments were made.

c. The task force shall organize within 30 days following the appointment of a majority of its members. The task force shall meet at the call of the chairperson. The task force shall dissolve on the 60th day after the date of submission of the task force report to the Governor and the Legislature pursuant to subsection b. of section 2 of this act.

d. The members shall serve without compensation, but may be reimbursed for necessary expenses incurred in the performance of their duties and within the limits of funds available to the task force.

e. The task force shall make recommendations by a majority vote of its members.

f. The Department of Environmental Protection shall provide staff support to the task force. The task force shall, however, be entitled to call to its assistance and avail itself of the services of the employees of any State department, board, bureau, commission or agency, as it may require and as may be available for its purposes.

2. (New section) a. The Clean Vehicle Task Force shall:

(1) Evaluate the impact of economic, technological, and other relevant factors since the enactment of P.L.2003, c.266 (C.26:2C-8.15 et al.) on the implementation of the California Low Emission Vehicle program and the California zero emission vehicle requirements in this State;

(2) Study advances made in low emission vehicles, zero emission vehicles, partial zero emission vehicles, and transitional zero emission vehicle technologies, the infrastructure necessary to support these vehicles, and the development of that infrastructure;

(3) Evaluate any proposed or adopted changes made by the California Air Resources Board to the California Low Emission Vehicle program and the California zero emission vehicle requirements, and the potential effects of these changes on the implementation of the California Low Emission Vehicle program and the California zero emission vehicle requirements in this State;

(4) Evaluate any proposed or adopted changes made by the United States Environmental Protection Agency, the National Highway Traffic Safety Administration, and other federal agencies with respect to air quality and criteria emission standards, fuel economy, and greenhouse gas emission standards, and the impact of these changes on the State as well as how they correlate and compare to the current implementation of the California Low Emission Vehicle program and the California zero emission vehicle requirements in this State;

(5) Evaluate the California zero emission vehicle requirements and the State's implementation of, and compliance with, these requirements, in terms of:

(a) availability of zero emission vehicle technology;

(b) cost and retail price of vehicles using such technology;

(d) consumer acceptance of the technology, vehicles, and the costs thereof;

(e) development and accessibility of supporting infrastructure;

(f) practicality of zero emission vehicle use in the State; and

(g) compliance with the requirements of the federal Clean Air Act;

(6) Study the development of electric vehicles, the challenges to that development, and the availability and attractiveness of electric vehicles as a transportation option to the public;

(7) Study the development of hydrogen fuel cell technology, the challenges to that development, and the availability and attractiveness of hydrogen fuel cell vehicles as a transportation option to the public;

(8) Explore and study the development of other alternatives to zero emission vehicles, the challenges to that development, and the availability and attractiveness of such alternatives;

(9) Identify regulatory and statutory obstacles and inefficiencies at the federal, State, and local levels frustrating and impeding the use of low emission vehicles, zero emission vehicles, partial zero emission vehicles, and transitional zero emission vehicles in the State;

(10) Study the revenue impacts on the motor fuels tax and the petroleum products gross receipts tax from increased use of zero emission vehicles and alternative fuel vehicles and the resultant impact on the Transportation Trust Fund and transportation funding availability;

(11) Explore and study the expanded use of alternative fuels as fuel sources for commercial fleets and mass transit vehicles; and

(12) Identify opportunities for consumer education.

b. No later than one year after the task force organizes, the task force shall prepare and submit a report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature summarizing the activities and findings of the task force, and setting forth its recommendations. The task force shall not recommend discontinuation of the implementation of the California Low Emission Vehicle program or the California zero emission vehicle requirements in the State.

3. Section 2 of P.L.2003, c.266 (C.26:2C-8.16) is amended to read as follows:

2. As used in [sections 1 through 7 of] P.L.2003, c.266 [(C.2C:2C-8.15 et seq.)] (C.26:2C-8.15 et al.) :

"Advanced technology partial zero emission vehicle" means a vehicle certified as an advanced technology partial zero emission vehicle pursuant to the California Air Resources Board vehicle standards for the applicable model year [;] .

"California Low Emission Vehicle program" means the second phase of the low emission vehicle program being implemented in the State of California, pursuant to the provisions of the Federal Clean Air Act and the California Code of Regulations [;] .

"Commissioner" means the Commissioner of Environmental Protection [;] .

"Department" means the Department of Environmental Protection [;] .

"Federal Clean Air Act" means the federal "Clean Air Act," 42 U.S.C. s.7401 et seq., and any subsequent amendments or supplements to that act.

"Partial zero emission vehicle" means a vehicle certified as a partial zero emission vehicle pursuant to the California Air Resources Board vehicle standards for the applicable model year [;].

"State implementation plan" means the State implementation plan for national ambient air quality standards adopted for New Jersey pursuant to the federal Clean Air Act [;] .

"Zero emission vehicle" means a vehicle certified as a zero emission vehicle pursuant to the California Air Resources Board zero emission vehicle standards for the applicable model year, but shall not include an advanced technology partial zero emission vehicle or a partial zero emission vehicle.

"Zero emission vehicle requirement" means the percentage or number of those vehicles certified as zero emission vehicles pursuant to the California Air Resources Board vehicle standards and required to be delivered by a manufacturer for sale or lease for the applicable model year, and any additional percentages or numbers of advanced technology partial zero emission vehicles or partial zero emission vehicles that may be delivered by a manufacturer for sale or lease to satisfy the zero emission vehicle requirement established by the California Air Resources Board in lieu of vehicles that meet the pure zero emission vehicle standard.

(cf: P.L.2003, c.266, s.2)

4. Section 3 of P.L.2003, c.266 (C.26:2C-8.17) is amended to read as follows:

3. a. Notwithstanding any provision of a State implementation plan submitted by the Department of Environmental Protection to the United States Environmental Protection Agency pursuant to the requirements of the federal "Clean Air Act Amendments of 1990," 42 U.S.C. s.7403 et seq., to the contrary, the department shall implement the California Low Emission Vehicle program and the California zero emission vehicle requirements in the State beginning on January 1, 2009 [, except as provided pursuant to sections 6 and 7 of P.L.2003, c.266 (C.26:2C-8.20 and C.26:2C-8.21)].

b. The Commissioner of Environmental Protection, within 30 days after a proposed major substantive change to the California Low Emission Vehicle program or the California zero emission vehicle requirements that, if adopted, would necessitate a corresponding substantive change to the program in New Jersey adopted pursuant to subsection a. of this section or rules and regulations adopted pursuant thereto, shall provide written notice and a summary of the proposed substantive change to the Senate Environment and Energy Committee and the Assembly Environment and Solid Waste Committee, or their successors as designated respectively by the President of the Senate and the Speaker of the General Assembly.

c. The commissioner shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations necessary to implement the California Low Emission Vehicle program and the California zero emission vehicle requirements in the State beginning on January 1, 2009.

(cf: P.L.2003, c.266, s.3)

5. Section 4 of P.L.2003, c.266 (C.26:2C-8.18) is amended to read as follows:

4. a. The Commissioner of Environmental Protection shall establish a zero emission vehicle credit bank to allow manufacturers to earn and bank vehicle equivalent credits for any advanced technology partial zero emission vehicle or partial zero emission vehicle produced and delivered for sale or lease in the State [on or after January 1, 1999 and through December 31, 2008].

(1) In establishing the credit bank required by this section, the commissioner shall use the highest multiplier used by the California Air Resources Board for determining the allowable vehicle equivalent credits for each advanced technology partial zero emission vehicle or partial zero emission vehicle delivered for sale or lease in the State by a manufacturer on or after January 1, 1999 until the effective date of P.L.2003, c.266 (C.26:2C-8.15 et al.).

(2) Beginning on the effective date of P.L.2003, c.266 (C.26:2C-8.15 et al.), the commissioner shall use the multiplier used by the California Air Resources Board for the applicable model year for each advanced technology partial zero emission vehicle or partial zero emission vehicle delivered for sale or lease in the State by a manufacturer on or after the effective date of P.L.2003, c.266 (C.26:2C-8.15 et al.) [and through December 31, 2008].

b. (1) Within 180 days after the effective date of P.L.2003, c.266 (C.26:2C-8.15 et al.), the commissioner shall publish a list in the New Jersey Register of the make and model of those motor vehicles that qualify as advanced technology partial zero emission vehicles or partial zero emission vehicles for the 1999 through 2003 model years.

(2) Annually thereafter, the commissioner shall publish a list in the New Jersey Register of the make and model of those motor vehicles that qualify as advanced technology partial zero emission vehicles or partial zero emission vehicles for that respective model year.

(3) The commissioner may revise any list published pursuant to this subsection as necessary to comply with the California Air Resources Board vehicle standards for the applicable model year.

c. Notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the commissioner shall, immediately upon filing the proper notice with the Office of Administrative Law, adopt such temporary rules and regulations as necessary to establish a zero emission vehicle credit bank pursuant to subsection a. of this section. These rules and regulations may include, but need not be limited to, the documentation to be submitted by a manufacturer to determine eligibility and participation in the credit bank established pursuant to subsection a. of this section, and fees for administrative services provided to implement the zero emission vehicle credit bank to be assessed to those manufacturers seeking to earn and bank credits. The temporary rules and regulations shall be in effect for a period not to exceed 270 days after the date of the filing, except that in no case shall the temporary rules and regulations be in effect one year after the effective date of P.L.2003, c.266 (C.26:2C-8.15 et al.). The temporary rules and regulations shall thereafter be amended, adopted or readopted by the commissioner as the commissioner determines is necessary in accordance with the requirements of the "Administrative Procedure Act."

d. [The provisions of this section shall expire upon the passage of a concurrent resolution by the Legislature directing the department to implement the National Low Emission Vehicle program pursuant to subsection a. of section 6 of P.L.2003, c.266 (C.26:2C-8.20).] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

(cf: P.L.2003, c.266, s.4)

6. Sections 1 and 5 through 7 of P.L.2003, c.266 (C.26:2C-8.15 and C.26:2C-8.19 through C.26:2C-8.21) are repealed.

7.This act shall take effect immediately.

STATEMENT

This bill establishes the 11-member Clean Vehicle Task Force to evaluate issues connected with the promotion, development, and use of clean vehicles in the State, and make recommendations thereon to the Governor and the Legislature. The bill also clarifies in State law that the Department of Environmental Protection will continue to implement the California Low Emission Vehicle program and the California zero emission vehicle requirements, as it has pursuant to regulation since January 1, 2009. The bill specifies that the task force cannot recommend the discontinuation of either the California Low Emission Vehicle program or the California zero emission vehicle requirements.