ASSEMBLY, No. 3028

STATE OF NEW JERSEY

215th LEGISLATURE

INTRODUCED JUNE 7, 2012

 


 

Sponsored by:

Assemblyman† LOUIS D. GREENWALD

District 6 (Burlington and Camden)

Assemblyman† DANIEL R. BENSON

District 14 (Mercer and Middlesex)

Assemblywoman† L. GRACE SPENCER

District 29 (Essex)

Assemblyman† REED GUSCIORA

District 15 (Hunterdon and Mercer)

 

 

 

 

SYNOPSIS

†††† Establishes Zero Emission Vehicle Commission.

 

CURRENT VERSION OF TEXT

†††† As introduced.

††


An Act establishing the Zero Emission Vehicle Commission, and amending and supplementing P.L.2003, c.266.

 

†††† Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

†††† 1.††† (New section) a. There is established the Zero Emission Vehicle Commission consisting of 13 members as follows: the Commissioner of Environmental Protection or a representative of the Department of Environmental Protection appointed by the commissioner thereof; the President of the Board of Public Utilities or a representative of the Board of Public Utilities appointed by the president thereof; one member of the General Assembly appointed by the Speaker of the General Assembly; one member of the Senate appointed by the President of the Senate; all of whom shall serve ex officio; and nine public members.

†††† The nine public members, to be appointed by the Governor with the advice and consent of the Senate, shall be as follows:† two members representing manufacturers of automobiles sold within the State; two members representing automotive retailers; two members of recognized Statewide environmental organizations; one member representing a zero emission vehicle technology company; one member knowledgeable about the infrastructure necessary for fueling of zero emission vehicles and partial zero emission vehicles as well as the economics of developing and establishing such an infrastructure in the State; and one member of the academic community of a New Jersey college or university who has an expertise in environmental health and energy policy.

†††† b.††† Any vacancies in the membership of the commission shall be filled in the same manner as the original appointments were made.

†††† c.†††† All appointments to the commission shall be made as expeditiously as possible.

†††† d.††† The Commissioner of Environmental Protection or the representative of the Department of Environmental Protection shall serve as chairperson of the commission.† The commission shall meet at the call of the chairperson, and the commission shall organize as soon as practicable after appointment of its members.

†††† e.†††† The members of the commission shall serve without compensation, but may be reimbursed for necessary expenses incurred in the performance of their duties.

†††† f.†††† The commission shall be entitled to call to its assistance and avail itself of the services of the employees of any State department, board, bureau, commission or agency, as it may require and as may be available for its purposes, and to employ stenographic and clerical assistance and incur traveling and other miscellaneous expenses as may be necessary in order to perform its duties, within the limits of funds appropriated or otherwise made available to it for its purposes.

 

†††† 2.††† (New section) a.† (1) Notwithstanding any provision of P.L.2003, c.266 to the contrary, the Zero Emission Vehicle Commission shall assume all responsibilities concerning zero emission vehicles and the implementation of the zero emission vehicle requirements pursuant to the California Low Emission Vehicle program previously assigned to the Low Emission Vehicle Review Commission, established pursuant to section 5 of P.L.2003, c.266 (C.26:2C-8.19), except that if the Low Emission Vehicle Review Commission makes recommendations concerning the implementation of the California Low Emission Vehicle program, it may recommend the inclusion or exclusion of the zero emission vehicle requirement as part of that recommendation.

†††† (2) The Department of Environmental Protection, pursuant to sections 6 and 7 of P.L.2003, c.266 (C.26:2C-8.20 and C.26:2C-8.21):

†††† (a) shall continue to implement the California Low Emission Vehicle program unless the Legislature by passage of a concurrent resolution directs the department to implement the National Low Emission Vehicle program or the alternative federal low emission vehicle program in effect at the time of the resolutionís passage; and

†††† (b) may make a determination to accept or reject the recommendation of the Zero Emission Vehicle Commission or the Low Emission Vehicle Review Commission concerning the implementation of the zero emission vehicle requirements, if either commission recommends implementation of the California Low Emission Vehicle program without the zero emission vehicle requirements.

†††† (3) The Zero Emission Vehicle Commission shall also evaluate the implementation of the California Low Emission Vehicle program concerning the impact of economic, technological, and other relevant factors since the enactment of P.L.2003, c.266.Any other authority, duties, responsibilities, or requirements delegated to the Low Emission Vehicle Review Commission pursuant to P.L.2003, c.266 shall remain with that commission, and shall have no bearing on the Zero Emission Vehicle Commission.††

†††† b.††† The Zero Emission Vehicle Commission shall:

†††† (1) study advances made in zero emission vehicles, partial zero emission vehicles, and transitional zero emission vehicle technologies, the infrastructure necessary to support these vehicles, and the development of that infrastructure;

†††† (2) evaluate any proposed or adopted changes made by the California Air Resources Board to the California Low Emission Vehicle program and the potential effects of these changes on the implementation of the program in this State;

†††† (3) evaluate any proposed or adopted changes made by the United States Environmental Protection Agency, the National Highway Traffic Safety Administration, and other federal agencies with respect to air quality and criteria emissions standards, fuel economy, and greenhouse gas emissions standards, and the impact of these changes on the State as well as how they correlate and compare to the current requirements or the California Low Emission Vehicle program and its implementation;

†††† (4) evaluate the feasibility of implementing the zero emission vehicle requirements of the California Low Emission Vehicle program and the State complying with these requirements, in terms of:

†††† (a) availability of zero emission vehicle technology;

†††† (b) cost and retail price of vehicles using such technology;

†††† (c) performance of the technology and these vehicles;

†††† (d) consumer acceptance of the technology, vehicles, and the costs thereof;

†††† (e) development and accessibility of supporting infrastructure; and

†††† (f) practicality of using zero emission vehicles in the State; and

†††† (5) determine the incentives and infrastructure necessary to meet the current zero emissions vehicle requirements set for motor vehicle model year 2018.

†††† c.†††† The Zero Emission Vehicle Commission shall also specifically:

†††† (1) identify and quantify the zero emission vehicle requirement under the California Low Emission Vehicle program and the necessity, feasibility, and methods for the State to meet that requirement;

†††† (2) study the development of electric vehicles, the infrastructure required for expanded use of these vehicles, challenges to the development of that infrastructure, and the availability and attractiveness of electric vehicles as a transportation option to the public;

†††† (3) study the development of hydrogen fuel cell technology, the infrastructure required for its use in motor vehicles, the development of that infrastructure, and the availability of hydrogen fuel cell vehicles to the public;

†††† (4) explore and study other alternatives for zero emission vehicles, infrastructure required for its use, development of that infrastructure, and incentives for developing the infrastructure and use of the vehicles;

†††† (5) determine whether the sales and use tax incentive established pursuant to section 11 of P.L.2003, c.266 (C.54:32B-8.55) is sufficient to encourage the purchase of zero emission vehicles;

†††† (6) study and develop other incentives for the use and purchase of zero emission vehicles, and development of the infrastructure required to support their use; and

†††† (7) develop recommendations to the Governor and the Legislature setting forth any additional incentives determined to be necessary to encourage the purchase of zero emission vehicles, development of the necessary infrastructure for the fueling of such vehicles, and other action necessary to ensure correct compliance with the California Low Emission Vehicle program.

†††† d.††† Within one year after organizing or no later than December 31, 2013, whichever is earlier, the commission shall submit a report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature summarizing the activities and findings of the commission to date, and setting forth recommendations for:

†††† (1)†† additional incentives determined to be necessary to encourage the purchase of zero emission vehicles or partial zero emission vehicles;

†††† (2) additional incentives determined to be necessary to encourage the development of infrastructure necessary for the increased and efficient use of zero emission vehicles or partial zero emission vehicles;

†††† (3) increasing the effectiveness of the implementation of the California Low Emission Vehicle program in the State with regards to zero emission vehicles or partial zero emission vehicles; and

†††† (4) implementing the zero emission vehicle requirements of the California Low Emission Vehicle program, and whether they should be implemented in the State, or if such requirements should not be part of the implemented program.

 

†††† 3.††† (New section) The commissioner shall notify, in writing, the Governor and the Legislature if the commissioner finds it necessary to:

†††† a.†††† make a determination to accept or reject the recommendation of the Zero Emission Vehicle Commission or the Low Emission Vehicle Review Commission concerning the implementation of the zero emission vehicle requirement, if either commission recommends implementation of the California Low Emission Vehicle program without the zero emission vehicle requirement; and

†††† b.††† file temporary rules and regulations with the Office of Administrative Law for the implementation of a zero emission vehicle requirement.

 

†††† 4.††† Section 5 of P.L.2003, c.266 (C.26:2C-8.19) is amended to read as follows:

†††† 5.††† a. There is established the Low Emission Vehicle Review Commission consisting of 15 members as follows:† the Director of the Environmental and Occupational Health Sciences Institute at Rutgers, the State University of New Jersey, or the director's designee; a representative of the Department of Environmental Protection appointed by the commissioner; one member of the General Assembly appointed by the Speaker of the General Assembly; one member of the Senate appointed by the President of the Senate; and 11 public members.

†††† The 11 public members, to be appointed by the Governor with the advice and consent of the Senate, shall be as follows:† two members representing manufacturers of automobiles sold within the State; two members representing automotive retailers and recommended to the Governor by the New Jersey Coalition of Automotive Retailers; two members of recognized Statewide environmental organizations; one member representing the New Jersey Public Interest Research Group; one member representing the New Jersey Institute of Technology and recommended to the Governor by the President of the New Jersey Institute of Technology; one member representing the American Lung Association of New Jersey; one member representing the Northeast States for Coordinated Air Use Management; and one member representing a zero emission vehicle technology company.

†††† b.††† Any vacancies in the membership of the commission shall be filled in the same manner as the original appointments were made.

†††† c.†††† The Director of the Environmental and Occupational Health Sciences Institute at Rutgers, the State University of New Jersey, or the director's designee, shall serve as chairperson of the commission.† The commission shall meet at the call of the chairperson, and the commission shall organize as soon as practicable after appointment of its members.

†††† d.††† The members of the commission shall serve without compensation, but may be reimbursed for necessary expenses incurred in the performance of their duties.

†††† e.†††† The commission shall be entitled to call to its assistance and avail itself of the services of the employees of any State department, board, bureau, commission or agency, as it may require and as may be available for its purposes, and to employ stenographic and clerical assistance and incur traveling and other miscellaneous expenses as may be necessary in order to perform its duties, within the limits of funds appropriated or otherwise made available to it for its purposes.

†††† f. [(1) The commission shall study advances made in zero emission vehicle and advanced technology partial zero emission vehicle technologies.† The commission shall also study the development of hydrogen fuel cell technology, the infrastructure required for its use in motor vehicles, the development of that infrastructure, and the availability of hydrogen fuel cell vehicles to the public.† In studying these issues, the commission shall review any advice prepared by the independent expert review panel established to advise the California Air Resources Board concerning advances made in zero emission vehicle and advanced technology partial zero emission vehicle technologies.

†††† (2)] The commission shall evaluate any proposed or adopted changes made by the California Air Resources Board to the California Low Emission Vehicle program and the potential effects of these changes on the implementation of the program in this State.† If the California Air Resources Board has not acted prior to the start of the 2008 model year to revise the requirements under the alternative compliance path for the amount of fuel cell vehicles required by a manufacturer beginning for the 2012 model year from a state-specific requirement to a nationwide requirement, the commission shall make a recommendation as to whether the State should implement the California Low Emission Vehicle program [beginning on January 1, 2009] or if the State should instead [continue with implementation of] implement the National Low Emission Vehicle program or the alternative federal low emission vehicle program in effect at the time.

†††† [(3) The commission shall determine whether the incentive provided by the State pursuant to section 11 of P.L.2003, c.266 (C.54:32B-8.55) is sufficient to encourage the purchase of zero emission vehicles.† The commission shall make recommendations to the Governor and the Legislature setting forth any additional incentives determined to be necessary to encourage the purchase of zero emission vehicles or advanced technology partial zero emission vehicles in order to increase the effectiveness of the implementation of the California Low Emission Vehicle program in the State.

†††† (4)†† The commission shall evaluate the feasibility of the zero emission vehicle requirement of the California Low Emission Vehicle program and make a determination whether the zero emission vehicle requirement is achievable in this State beginning on January 1, 2009.† This evaluation shall include an examination of zero emission vehicle technology, price, performance, consumer acceptability, and implementation issues relating to the use of zero emission vehicles in the State.]

†††† g.†††† Within one year after organizing, the commission shall submit a report to the Governor, the Commissioner of Environmental Protection, and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature:† (1) summarizing the activities and findings of the commission to date; and (2) [setting forth any recommendations for additional incentives determined to be necessary to encourage the purchase of zero emission vehicles or advanced technology partial zero emission vehicles; and (3)] setting forth any recommendations that would increase the effectiveness of the implementation of the California Low Emission Vehicle program in the State.

†††† h.†††† No later than [ January 1, 2008,] December 31, 2013, the commission [shall] may submit a final report to the Governor, the Commissioner of Environmental Protection, and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature:

†††† (1)†† summarizing the [studies and] evaluations and recommendations [conducted] made pursuant to subsection f. of this section; and

†††† (2)†† setting forth any recommendations for [additional incentives to encourage the purchase of zero emission vehicles or advanced technology partial zero emission vehicles; and

†††† (3)†† setting forth a recommendation as to whether:

†††† (a)†† pursuant to paragraph (2) of subsection f. of this section,] implementing the California Low Emission Vehicle program [should be implemented in the State beginning on January 1, 2009], or [if the State should instead continue with implementation] implementing [of] the National Low Emission Vehicle program[; and

†††† (b)†† if the commission recommends that the California Low Emission Vehicle program should be implemented in the State, the commission shall further set forth a recommendation as to whether the zero emission vehicle requirements of the program should be implemented in the State based on the evaluation conducted pursuant to paragraph (4) of subsection f. of this section.] or the alternative federal low emission vehicle program in effect at the time.

(cf:† P.L.2003, c.266, s.5)

 

†††† 5.††† Section 6 of P.L.2003, c.266 (C.26:2C-8.20) is amended to read as follows:

†††† 6.††† a. If the low emission vehicle review commission , in the report [required] submitted pursuant to subsection h. of section 5 of P.L.2003, c.266 (C.26:2C-8.19), recommends [, pursuant to subparagraph (a) of paragraph (3) of subsection h. of section 5 of P.L.2003, c.266 (C.26:2C-8.19),] that the State should not implement the California Low Emission Vehicle program and instead [continue with implementation of] should implement the National Low Emission Vehicle program or the alternative federal low emission vehicle program in effect at the time, the department shall implement the California Low Emission Vehicle program unless the Legislature by passage of a concurrent resolution directs the department to implement the National Low Emission Vehicle program or the alternative federal program.

†††† b.††† Upon the passage of a concurrent resolution by the Legislature directing the department to implement the National Low Emission Vehicle program or the alternative federal program, the commissioner, notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, shall, immediately upon filing the proper notice with the Office of Administrative Law, adopt such temporary rules and regulations as necessary to [continue implementation of] implement the National Low Emission Vehicle program or the alternative federal program.

†††† The temporary rules and regulations shall be in effect for a period not to exceed 270 days after the date of the filing.† 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."

(cf:† P.L.2003, c.266, s.6)

 

†††† 6.† This act shall take effect immediately.

 

 

STATEMENT

 

†††† This bill establishes the Zero Emission Vehicle Commission (ZEV Commission) without abolishing the Low Emission Vehicle Review Commission (LEVR Commission), which was established pursuant to P.L.2003, c.266 (C.26:2C-8.19) but was never organized.

†††† The ZEV Commission would have 13 members as follows: the Commissioner of Environmental Protection or a representative of the Department of Environmental Protection appointed by the commissioner thereof; the President of the Board of Public Utilities or a representative of the Board of Public Utilities appointed by the president thereof; one member of the General Assembly appointed by the Speaker of the General Assembly; one member of the Senate appointed by the President of the Senate; and nine public members.

†††† The nine public members, appointed by the Governor with the advice and consent of the Senate, would be as follows:† two members representing manufacturers of automobiles sold within the State; two members representing automotive retailers; two members of recognized Statewide environmental organizations; one member representing a zero emission vehicle technology company; one member knowledgeable about the infrastructure necessary for fueling of zero emission vehicles and partial zero emission vehicles as well as the economics of developing and establishing such an infrastructure in the State; and one member of the academic community of a New Jersey college or university who has an expertise in environmental health and energy policy.

†††† The bill directs the commission to assume all the responsibilities concerning zero emission vehicles previously assigned to the Low Emission Vehicle Review Commission, and directs the commission to study and examine numerous issues connected with zero emission vehicles as enumerated in the bill.† However, the bill allows for the Low Emission Vehicle Review Commission to recommend the inclusion or exclusion of the zero emission vehicle requirement if it makes a recommendation concerning the implementation of the California Low Emission Vehicle program.† The bill also authorizes the Zero Emission Vehicle Commission to evaluate the implementation of the California Low Emission Vehicle program and the impact of economic, technological, and other relevant factors on the implementation since the enactment of P.L.2003, c.266.† The bill specifies that the other authority, duties, responsibilities, or requirements delegated to the Low Emission Vehicle Review Commission would remain with that commission, and would have no bearing on the Zero Emission Vehicle Commission.

†††† The bill directs the Zero Emission Vehicle Commission, within one year after organizing or no later than December 31, 2013, to submit a report to the Governor and the Legislature summarizing the activities and findings of the commission to date and setting forth any recommendations for:

†††† 1) additional incentives determined to be necessary to encourage the purchase of zero emission vehicles or partial zero emission vehicles;

†††† 3) additional incentives determined to be necessary to encourage the development of infrastructure necessary for the increased and efficient use of† purchase of zero emission vehicles or partial zero emission vehicles;

†††† 4) increasing the effectiveness of the implementation of the California Low Emission Vehicle program in the State in this regard; and

†††† 5) the implementation of the zero emission vehicle requirements of the California Low Emission Vehicle program, and whether they should be implemented in the State, or if these requirements should not be part of the implemented program.

†††† Finally, the bill authorizes the Commissioner of Environmental Protection to implement the zero emission vehicle requirements against the recommendations of either the ZEV Commission or the LEVR Commission.† The bill requires the commissioner to notify the Governor and the Legislature in writing if the commissioner:

†††† 1) makes a determination to accept or reject the recommendation of either commission concerning the implementation of the zero emission vehicle requirement, if either commission recommends implementation of the California Low Emission Vehicle program without the zero emission vehicle requirement; or

†††† 2) files temporary rules and regulations with the Office of Administrative Law for the implementation of a zero emission vehicle requirement.