New Jersey P.L.1993, c.69

AN ACT concerning air pollution, supplementing P.L.1954, c.212 (C.26:2C-1 et seq.), and making an appropriation.

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

C.26:2C-8.6 Findings, declarations on ozone problem. 1. The Legislature finds that ozone continues to be a pervasive air pollution problem for New Jersey, resulting in most of the State being designated by the federal government as a severe nonattainment area for ozone; that the formation of ozone poses a significant health threat to the citizens of the State, especially to children and the elderly; and that ozone formation not only diminishes the quality of life of our citizens but also adversely impacts New Jersey's economic competitiveness by increasing health costs, decreasing worker productivity, decreasing agricultural production, and forcing implementation of additional costly pollution control measures. The Legislature also finds that the federal Clean Air Act requires New Jersey and other states that are in nonattainment for ozone to adopt measures that will bring those states into compliance; that the federal Clean Air Act, in recognizing that ozone formation is a regional problem, created the Ozone Transport Region to address our region's ozone formation problem; and that any solution to New Jersey's ozone problem must involve the cooperation and efforts of the states in the region. The Legislature further finds that a low emission vehicle program may be an effective, cost efficient method to reduce both the State's and the region's ozone problem; that the member states of the Ozone Transport Commission have endorsed adoption of a low emission vehicle program in each of their states; and that, because there may be a need to adopt such a program in this State in order to come into compliance with the federal Clean Air Act, it is in the State's best interest to authorize its adoption. The Legislature further finds that although it is authorizing the adoption of a low emission vehicle program, it recognizes that there remain legitimate questions about that program's viability and its economic impact on this State; that New Jersey's adoption of a low emission vehicle program must be conditioned on similar adoptions by most of the states in the region in order to avoid an unfair competitive advantage and to make the program work; that the adoption of the so called "California reformulated fuel" in this State would have serious consequences to the State's economy and must not be adopted as part of a low emission vehicle program; and that further studies on the low emission vehicle program and other ozone control measures should continue. The Legislature therefore declares that the adoption of a low emission vehicle program, so long as it is part of a regional action and does not include the adoption of the "California reformulated fuel," should be authorized as an ozone control measure in this State; that the program, and the limitations placed upon it, will protect both the environmental and economic concerns of our citizens; and that the State should move forward with a number of strategies to combat the ozone problem in New Jersey.

C.26:2C-8.7 Definitions. 2. As used in this act: "Department" means the Department of Environmental Protection. "Federal Clean Air Act" means the federal "Clean Air Act," 42 U.S.C.§7401 et seq., and any subsequent amendments or supplements to that act. "Low emission vehicle program" means a low emission vehicle program based upon emission control standards for new motor vehicles or new motor vehicle engines that are identical to those adopted by the State of California in accordance with authority granted therefor pursuant to the federal Clean Air Act. "Ozone Transport Region" means the ozone transport region established pursuant to 42 U.S.C.§7511c (a), comprising the states of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, and Virginia, and the District of Columbia, which together form the membership of the Ozone Transport Commission for the northeastern and mid-Atlantic states established pursuant to 42 U.S.C.§7506a. "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.

C.26:2C-8.8 Rules, regulations; Implementation of low emission vehicle program. 3. a. The Department of Environmental Protection, after review and consideration of the written report prepared by the New Jersey Institute of Technology pursuant to section 9 of this act, may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations establishing and implementing a low emission vehicle program in New Jersey, but shall implement that program only if the combined number of registrations of new motor vehicles in those states and the District of Columbia, excluding New Jersey, within the Ozone Transport Region that have enacted legislation or adopted rules and regulations establishing and implementing a low emission vehicle program for a motor vehicle model year not later than that proposed for implementation by the department, is equal to or greater than 40% of the total number of registrations of new motor vehicles in all of the states and the District of Columbia within the Ozone Transport Region. In adopting any rules and regulations to implement the low emission vehicle program in New Jersey, the department shall prepare a written statement on how the findings and conclusions of the report are addressed in the rules and regulations. The department shall not implement a low emission vehicle program for a motor vehicle model year before the 1998 motor vehicle model year except as provided pursuant to subsection b. of this section. For the purposes of this subsection, the number of registrations of new motor vehicles shall be the number of such registrations for the calendar year immediately prior to the year in which a low emission vehicle program is proposed for implementation in New Jersey. b. The department may implement a low emission vehicle program for a motor vehicle model year before the 1998 motor vehicle model year if the states of Delaware, Maryland, New York, and Pennsylvania have enacted legislation or adopted rules and regulations respectively establishing and implementing a low emission vehicle program for a motor vehicle model year before the 1998 motor vehicle model year.

C.26:2C-8.9 Determination of number of registrations of new motor vehicles; program expiration. 4. a. If the department implements a low emission vehicle pro- gram, each year the department shall: (1) determine for the previous calendar year the number of registrations of new motor vehicles in each of the states and the District of Columbia within the Ozone Transport Region, and (2) publish in the New Jersey Register, by April 1st, a public notice of that determination. b. If, for any such previous calendar year, the combined number of registrations of new motor vehicles in those states and the District of Columbia, excluding New Jersey, within the Ozone Transport Region that are implementing a low emission vehicle program is less than 40% of the total number of registrations of new motor vehicles in that calendar year in all of the states and the District of Columbia within the Ozone Transport Region, the low emission vehicle program in New Jersey shall expire 180 days after the department publishes the public notice required pursuant to subsection a. of this section.

C.26:2C-8.10 Sale, use of reformulated gasoline; program expiration. 5. The department shall not adopt rules and regulations requiring, for gasoline-fueled motor vehicles, the sale and use of reformulated gasoline other than that certified therefor by the United States Environmental Protection Agency pursuant to subsection (k) of 42 U.S.C.§7545 for sale and use in states other than the State of California. If the sale and use of reformulated gasoline other than that so certified is required by federal law, rule, regulation, agency ruling, order, opinion, or other action or court order to be sold for use, and used, in gasoline-fueled motor vehicles in New Jersey because the State has implemented a low emission vehicle program, the low emission vehicle program in New Jersey shall expire 180 days from the date of enactment of the federal law, adoption of the federal rule or regulation, issuance of the agency ruling, order, opinion, or other action, or issuance of the court order, as the case may be.

C.26:2C-8.11 Air pollution control rules, regulations. 6. The department shall adopt, pursuant to the "Administrative Procedure Act," rules and regulations implementing the following mandated air pollution control measures identified in the federal Clean Air Act and consistent with any rules, regulations, or guidelines that may be promulgated therefor by the United States Environmental Protection Agency: a. Enhanced vehicle inspection and maintenance program; b. Correction of reasonably available control technology rules for volatile organic compounds; c. Reasonably available control technology rules for volatile organic compounds; d. Reasonably available control technology rules for oxides of nitrogen; e. New source review regulations for volatile organic compounds, oxides of nitrogen, and carbon monoxide; f. Criteria and procedures for determining conformity between the State implementation plan and transportation plans; and g. Use in ozone nonattainment areas of federal reformulated gasoline that meets the requirements of subsection (k) of 42 U.S.C.§7545 for sale and use in states other than the State of California.

C.26:2C-8.12 Further measures. 7. In addition to the measures enumerated in section 6 of this act, the department may implement the following air pollution control measures identified in the federal Clean Air Act and consistent with any rules, regulations, or guidelines that may be promulgated therefor by the United States Environmental Protection Agency: a. Require on-board emission control diagnostics systems for new light duty vehicles and light duty trucks; and b. Adopt a clean fuels vehicle program for fleets by January 1, 1995.

C.26:2C-8.13 Comprehensive plan to retire cars. 8. The department, in consultation with the Division of Motor Vehicles in the Department of Law and Public Safety and the New Jersey Institute of Technology, and within one year of the date of enactment of this act, shall prepare and adopt a comprehensive plan to provide incentives for the retirement from use in the State of older, inefficient motor vehicles that pollute the environment at higher rates, in conformance with any available guidance provided therefor by the United States Environmental Protection Agency.

9. a. The New Jersey Institute of Technology, within nine months of the date of enactment of this act, shall prepare and submit a written report to the Governor, the Legislature, the Senate Environment Committee and the Assembly Environment Committee, or their successors as designated respectively by the President of the Senate and the Speaker of the General Assembly, and the Department of Environmental Protection: (1) describing the various air pollution control strategies, measures, and options, including, but not limited to, a low emission vehicle program and a program to encourage the retirement from use in the State of older, inefficient motor vehicles that pollute the environment at higher rates, that have been, or could be, implemented in the State either by legislation or administrative action in order to ensure that the State shall be, and shall remain, in compliance with all applicable requirements, standards, and deadlines set forth in the federal Clean Air Act; (2) analyzing the advantages, disadvantages, benefits, and detriments of each air pollution control strategy, measure, or option, including, but not limited to, an analysis thereof with respect to relative economic and environmental cost/benefit, health impact, social impact, and small business economic impact; and (3) analyzing the effectiveness of the State implementation plan. In preparing the report required pursuant to this subsection, the New Jersey Institute of Technology may consult with the Environmental and Occupational Health Sciences Institute of Rutgers, The State University, and of the University of Medicine and Dentistry of New Jersey - Robert Wood Johnson Medical School. b. The New Jersey Institute of Technology shall be entitled to: (1) call to its assistance and avail itself of the services of such employees of any State, county, or municipal department, board, bureau, commission, authority, or agency, or any senior public institution of higher education within the State as it may require and as may be available to it for the purpose of carrying out its duties under this act; and (2) employ such staff, contract with such consultants and experts, and incur such traveling and other miscellaneous expenses as it may deem necessary in order to perform its duties and as may be within the limits of funds appropriated or otherwise made available to it for those purposes.

C.26:2C-8.14 Written report, list, inventory. 10. a. The Department of Environmental Protection, in consulta- tion with the Department of Transportation and the Division of Motor Vehicles in the Department of Law and Public Safety, shall prepare and submit on a semi-annual basis to the Senate Environment Committee and the Assembly Environment Committee, or their successors as designated respectively by the President of the Senate and the Speaker of the General Assembly, a written report that shall: (1) summarize the State implementation plan and any amendments, alterations, or supplements to that plan that have been made or proposed since the last semi-annual report was issued; (2) analyze the progress and effectiveness of the State implementation plan with respect to ensuring that the State shall be, and shall remain, in compliance with all applicable requirements, standards, and deadlines set forth in the federal Clean Air Act; and (3) summarize the status of the low emission vehicle program in New Jersey, if one is implemented in the State, and the status of similar programs in the states of California, Delaware, Maryland, New York, and Pennsylvania. b. The Department of Environmental Protection shall prepare and submit to the Governor, the Legislature, and the Senate Environment Committee and the Assembly Environment Committee, or their successors as designated respectively by the President of the Senate and the Speaker of the General Assembly, and release to the public, (1) by May 30, 1993, a list of air pollution control strategies, measures, and options that are optional under federal law, for consideration and possible enactment into law by the Legislature, and (2) within 30 days after the date of enactment of this act, a comprehensive emission inventory of volatile organic compounds and oxides of nitrogen for the State, which shall include emission inventory data for the 1990 calendar year to the maximum extent possible. c. The Department of Environmental Protection, within 30 days of a proposed substantive change to the low emission vehicle program in the State of California that in the opinion of the department shall necessitate a corresponding substantive change to the low emission vehicle program in New Jersey, if such a program is implemented in the State, shall provide written notice and a summary of the proposed substantive change to the California low emission vehicle program to the Senate Environment Committee and the Assembly Environment Committee, or their successors as designated respectively by the President of the Senate and the Speaker of the General Assembly.

11. There is appropriated from the General Fund to the New Jersey Institute of Technology the sum of $75,000 for the purposes of this act.

12. This act shall take effect immediately.

Approved March 10, 1993.