New Jersey § 26:2c-8

§ 26:2c-8.

a. The provisions of section 6, section 7, section 14, sections 16 through 19, inclusive,

and sections 29 through 31, inclusive, of P.L.2005, c. 219 ( C.26:2C-8.31 , C.26:2C-8.32 , C.26:2C-8.39 , C.26:2C-8.41 through C.26:2C-8.44 , and C.26:2C-8.54 through C.26:2C-8.56 ) affecting the reimbursement of owners of regulated vehicles or regulated equipment

for the costs associated with the purchase and installation of retrofit devices, to

the contrary notwithstanding, the Department of Environmental Protection may develop

an alternative approach for reimbursement of these costs to the owners if the department

determines that an alternative approach is feasible, cost-effective, and efficient. The alternative approach may include, but shall not be limited to, directly reimbursing

the entity performing the actual installation of the retrofit device in lieu of reimbursing

the owner of the regulated vehicle or regulated equipment. If the department determines that an alternative approach is feasible, cost-effective,

and efficient and chooses to implement the alternative approach, the department shall

establish and implement the alternative approach pursuant to rules and regulations

adopted pursuant to the “Administrative Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ). No such rule or regulation may modify any procedure performed by, or any responsibility

or requirement imposed on, the New Jersey Motor Vehicle Commission, its employees,

or any persons licensed or contracted by the New Jersey Motor Vehicle Commission,

unless the rule or regulation is adopted jointly by the New Jersey Motor Vehicle Commission

and the Department of Environmental Protection pursuant to the “Administrative Procedure

Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ). b. No provision of subsection a. of this section or any other rule or regulation adopted

pursuant thereto, shall be construed to supersede or modify, the provisions of section

3, section 4, subsection a. or subsections d. through f., inclusive, of section 6,

subsections a. through c. or subsections e. through f., inclusive, of section 7, sections

8 through 13, inclusive, subsection d. or e. of section 19, section 21, section 26,

section 27, section 28, subsection a. of section 29, or subsection b. of section 30

of P.L.2005, c. 219 ( C.26:2C-8.28 , C.26:2C-8.29 , C.26:2C-8.31 , C.26:2C-8.32 , C.26:2C-8.33 through C.26:2C-8.38 , C.26:2C-8.44 , C.26:2C-8.46 , C.26:2C-8.51 , C.26:2C-8.52 , C.26:2C-8.53 , C.26:2C-8.54 , or C.26:2C-8.55 ). c. No entity performing the actual installation of a retrofit device who is reimbursed

for the costs associated with the purchase and installation of retrofit devices pursuant

to rules and regulations adopted pursuant to subsection a. of this section may impose

any charge on any owner of a regulated vehicle or piece of regulated equipment for

any cost associated with the purchase and installation of retrofit devices required

pursuant to P.L.2005, c. 219 ( C.26:2C-8.26 et al.). No State agency, department, or political subdivision thereof may impose any charge

on any owner of a regulated vehicle or piece of regulated equipment for any cost associated

with the purchase and installation of retrofit devices required pursuant to P.L.2005, c. 219 ( C.26:2C-8.26 et al.) if entities performing the actual installation of a retrofit device are reimbursed

for the costs pursuant to rules and regulations adopted pursuant to subsection a.

of this section.