New Jersey § 26:2c-9

§ 26:2c-9.

a. Within 90 days after the effective date of this act, the department shall propose,

pursuant to the provisions of the “Administrative Procedure Act,” P.L.1968, c. 410

( C.52:14B-1 et seq. ), rules and regulations that establish emissions trading and banking programs that

use economic incentives to make progress toward the attainment or maintenance of the

National Ambient Air Quality Standards (NAAQS), reduce or prevent emissions of air

contaminants, ensure healthful air quality, or otherwise contribute to the protection

of human health, welfare and the environment from air pollution. The department shall adopt those rules and regulations within 90 days after proposal. b. The emissions trading rules and regulations shall be designed so that emissions

reductions shall be realized earlier or at a more accelerated rate than would otherwise

be achieved in accordance with applicable air quality mandates, and so that compliance

with air quality mandates can be achieved with greater flexibility or at lower cost. The rules and regulations shall establish criteria for the generation and use of

emissions reduction credits, including the use of emissions reduction credits in lieu

of granting exemptions or waivers from compliance with emissions reduction requirements,

and shall require that 10% of the emissions reduction credits gained shall be permanently

retired for the public benefit when a trade occurs. The rules and regulations may include, but need not be limited to, provisions designating

the pollutants to be involved in the program, designating the persons who may participate

in the program, establishing emissions limitations and methods for projecting and

verifying emissions, and establishing enforcement mechanisms, including emissions

tracking, periodic program audits, and penalties. For any emissions trading program adopted for the purpose of making progress toward

attaining the National Ambient Air Quality Standard (NAAQS) for ozone, the department

may allow reductions of volatile organic compounds (VOCs) to be substituted for required

reductions of oxides of nitrogen (NOx) or reductions of oxides of nitrogen (NOx) to

be substituted for required reductions of volatile organic compounds (VOCs). Any such substitution shall occur at a ratio established by the department by rule

or regulation adopted pursuant to the “Administrative Procedure Act,” P.L.1968, c.

410 ( C.52:14B-1 et seq. ), which shall be developed in recognition of the role of each pollutant in the formation

of ground level ozone. c. The emissions trading rules and regulations adopted by the department shall not

conflict with applicable federal law and shall constitute, contribute to, or be consistent

with one or more strategies that result in quantifiable emissions reductions and are

creditable under the State Implementation Plan (SIP) required pursuant to the federal

Clean Air Act. These may be emission limiting or market-response strategies for mobile, stationary,

or area sources, and shall include the creation, trading, and use of emissions reduction

credits. d. The department may establish the emissions trading programs as State, multi-state,

or regional programs as long as the programs contribute to the goal of improving the

air quality in New Jersey. e. The department shall involve in the development of the rules and regulations for

emissions trading programs representatives of the affected industry, environmental,

and public interest groups as well as governmental entities with affected or related

jurisdictions. f. The department shall consider the role of a third party in the banking, verification,

validation of use, enforcement, and program audits associated with emissions reduction

credits, and, to the maximum extent possible, create and preserve opportunities for

private sector participation in any emissions trading program established by the department. g. The Department of Environmental Protection may establish by rule fees for administrative

services provided to implement emission trading programs.