NJDEP adopted rules at N.J.A.C. 7:27-29, operative on January 27, 2006 (38 N.J.R. 497(b)), which established a Low Emission Vehicle Program and incorporated the requirements of the California Low Emission Vehicle Program. As indicated in N.J.A.C. 7:27-29.13, the New Jersey Low Emission Vehicle Program includes a prospective incorporation by reference. This is an ongoing process, that began January 27, 2006, whereby all provisions of regulations incorporated into N.J.A.C. 7:27-29 from the California Code of Regulations, as set forth in N.J.A.C. 7:27-29.13(g), are continually automatically updated in order to maintain consistency with the most current California Code of Regulations. This ensures New Jersey meets the Clean Air Act § 177 “identicality” provisions which require New Jersey to remain identical to the California program.
As a result of the California Air Resources Board’s approval on September 28, 2018, of Resolution 18-35 to amend Title 13 of the California Code of Regulations Sections 1961.2 and 1961.3 (which sections also apply to vehicles sold in New Jersey by operation of N.J.A.C. 7:27-29.13), compliance with federal greenhouse gas standards for 2021 through 2025 model year passenger cars, light-duty trucks, and medium-duty passenger vehicles will not constitute compliance with the New Jersey Low Emissions Vehicle Program rules if the federal standards are altered by a final rule published in the Federal Register after October 25, 2016.
As a courtesy to the public and the regulated community, NJDEP is issuing this list of the amendments to the California Code of Regulations that have been incorporated into Table 1 of N.J.A.C. 7:27-29.13(g) since 2006 as follows:
1961.2 (new criteria pollutant emissions standards for 2015-2025)
1961.2(d) (new test procedures)
1961.3 (new greenhouse gas standards)
1962.1 (zero emission vehicle standards for 2009-2017 vehicles)
1962.2 (zero emission vehicle standards for 2018 and subsequent model years)
1962.3 (electric vehicle charging requirements)
See the following links for the CARB regulatory documents: