New Jersey § 26:2c-8

§ 26:2c-8.

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 ).