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2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2BB-1 - Findings, declarations

26:2BB-1. Findings, declarations
1. The Legislature finds and declares that: substance use disorders are major health problems facing the residents of this State; aspects of these problems extend into many areas under various State departments; placement in, but not of, the State Department of the Treasury is the most appropriate and logical location for focusing a coordinated planning and review effort to ameliorate these problems and for establishing a Governor's Council Substance Use Disorder as an independent coordinating, planning, research and review body regarding all aspects of substance use disorder; and establishing a Division of Mental Health and Addiction Services within the State Department of Human Services will enhance the effectiveness of the State's role in formulating comprehensive and integrated public policy and providing effective treatment, prevention and public awareness efforts against substance use disorders.
The Legislature further finds and declares that: as the cooperation and active participation of all communities in the State is necessary to achieve the goal of reducing substance use disorder, there should be established within the Governor's Council on Substance Use Disorder, an Alliance to Prevent Substance Use Disorder, to unite the communities of this State in a coordinated and comprehensive effort; and that the full resources of this State including counties, municipalities and residents of the State must be mobilized in a persistent and sustained manner in order to achieve a response capable of meaningfully addressing not only the symptoms but the root causes of this pervasive problem.
L. 1989, c. 51, s. 1; amended 2023, c.177, s.70.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2BB-3 - Appointment of executive director, staff

26:2BB-3. Appointment of executive director, staff
3. a. The Governor's Council on Substance Use Disorder shall be administered by an executive director who shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve at the pleasure of the Governor during the Governor's term of office and until the appointment and qualification of the executive director's successor.
b. The executive director shall be a person qualified by training and experience to perform the duties of the council.
c. The executive director shall have the authority to employ a deputy executive director, who shall be in the unclassified service of the Civil Service, and such staff as are necessary to accomplish the work of the council within the limits of available appropriations. The executive director may delegate to subordinate officers or employees of the council any of his powers which the executive director deems desirable to be exercised under the executive director's supervision and control. All employees of the council except the executive director and the deputy executive director shall be in the career service of the Civil Service.
d. The executive director shall attend all meetings of the Governor's Council on Substance Use Disorder.
L. 1989, c. 51, s. 3; amended 2023, c.177, s.72.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2BB-5 - Division of Mental Health and Addiction Services.

26:2BB-5. Division of Mental Health and Addiction Services.
5. There is established in the Department of Human Services a Division of Mental Health and Addiction Services.
The division shall be administered by assistant commissioner. The assistant commissioner shall be a person qualified by training and experience to perform the duties of the office. The assistant commissioner shall be appointed by the commissioner with the approval of the Governor and shall serve at the pleasure of the commissioner during the commissioner's term of office and until the appointment and qualification of the assistant commissioner's successor. The assistant commissioner shall receive a salary which shall be provided by law.
The Commissioner of Human Services shall report annually to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52;14-19.1, the Legislature, on the activities of the division and include in that annual report an assessment of the adequacy of the current delivery of treatment services in the State and of the need for additional treatment services.
L. 1989, c. 51, s. 5; amended 2023, c.177, s.74.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2BB-6 - Transfer of functions, powers, duties.

26:2BB-6. Transfer of functions, powers, duties.
6. All the functions, powers and duties of the Director of the Division of Alcoholism and the Director of the Division of Narcotic and Drug Abuse Control are transferred to and vested in the Assistant Commissioner of the Division of Mental Health and Addiction Services, pursuant to the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1 et seq.).
L. 1989, c. 51, s. 6; amended 2023, c.177, s.75.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2BB-7 - Alliance to Prevent Substance Use Disorder.

26:2BB-7. Alliance to Prevent Substance Use Disorder.
7. a. There is created an Alliance to Prevent Substance Use Disorder hereinafter referred to as the "Alliance," in the Governor's Council on Substance Use Disorder. The purpose of the Alliance shall be to create a network comprised of all the communities in New Jersey which is dedicated to a comprehensive and coordinated effort against substance use disorder. The Alliance shall be a mechanism both for implementing policies to reduce substance use disorder at the municipal level, and for providing funds, including moneys from mandatory penalties on drug offenders, to member communities to support appropriate county and municipal-based substance use disorder education and public awareness activities.
b. The Governor's Council on Substance Use Disorder shall adopt rules and regulations for participation in, and the operation of, the Alliance and for the awarding of grants to municipalities and counties from funds appropriated for such purposes pursuant to P.L.1989, c.51 (C.26:2BB-1 et al.), section 5 of P.L.1993, c.216 (C.54:43-1.3) and funds derived from the "Drug Enforcement and Demand Reduction Fund" established pursuant to N.J.S.2C:35-15, for the purpose of developing:
(1) Organized and coordinated efforts involving schools, law enforcement, business groups and other community organizations for the purpose of reducing substance use disorder;
(2) In cooperation with local school districts, comprehensive and effective substance use disorder education programs in grades kindergarten through 12;
(3) In cooperation with local school districts, procedures for the intervention, treatment, and discipline of students using alcohol or drugs;
(4) Comprehensive substance use disorder education, support and outreach efforts for parents in the community; and
(5) Comprehensive substance use disorder community awareness programs.
c. Funds disbursed under this section shall not supplant local funds that would have otherwise been made available for substance use disorder initiatives. Communities shall provide matching funds when and to the extent required by the regulations adopted pursuant to this section.
d. The county agency or individual designated by the governing body of each county pursuant to subsection a. of section 4 of P.L.1983, c.531 (C.26:2B-33), is authorized to receive from the Governor's Council on Substance Use Disorder moneys made available pursuant to this section. The designated county agency or individual shall establish a separate fund for the receipt and disbursement of these moneys.
L.1989, c.51, s.7; amended 1993, c.216, s.4; 2023, c.177, s.76.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2BB-8 - County Alliance Steering Subcommittee; functions and powers; review and revision of plan.

26:2BB-8. County Alliance Steering Subcommittee; functions and powers; review and revision of plan.
8. a. Each Local Advisory Committee on Substance Use Disorder, established pursuant to section 4 of P.L.1983, c.531 (C.26:2B-33), shall establish a County Alliance Steering Subcommittee in conjunction with regulations adopted by the Governor's Council on Substance Use Disorder. The members of the subcommittee shall include, but not be limited to, private citizens and representatives of the:
(1) Local Advisory Committee on Substance Use Disorder;
(2) County Human Services Advisory Council;
(3) County Superintendent of Schools;
(4) Existing county council on alcohol use disorder, if any;
(5) County Prosecutor's office;
(6) Family part of the Chancery Division of the Superior Court;
(7) Youth Services Commission;
(8) County School Board Association;
(9) County health agency;
(10) County mental health agency;
(11) Local businesses;
(12) County affiliate of the New Jersey Education Association; and
(13) Other service providers.
b. The functions of the County Alliance Steering Subcommittee shall include:
(1) Development and submission of a County Annual Alliance Plan for the expenditure of funds derived from the "Drug Enforcement and Demand Reduction Fund," N.J.S. 2C:35-15;
(2) Development of programs and fiscal guidelines consistent with directives of the Governor's Council on Substance Use Disorder for the awarding of funds to counties and municipalities for substance use disorder Alliance activities;
(3) Identification of a network of community leadership for the expansion, replication and development of successful community model programs throughout the county; and
(4) Coordination of projects among and within municipalities to ensure cost effectiveness and avoid fragmentation and duplication.
c. The County Alliance Steering Subcommittee shall ensure that the funds dedicated to education pursuant to section 2 of P.L.1983, c.531 (C.54:32C-3.1) do not duplicate the Alliance effort.
d. The Local Advisory Committee on Substance Use Disorder shall review and approve the County Annual Alliance Plan and submit this plan by July 1 of each year to the Division of Mental Health and Addiction Services in the Department of Human Services and to the Governor's Council on Substance Use Disorder.
e. After the County Annual Alliance Plan is returned by the Governor's Council on Substance Use Disorder to the Local Advisory Committee on Substance Use Disorder with the council's proposed recommendations for awarding the Alliance grants, pursuant to subsection c. of section 4 of this amendatory and supplementary act, the committee, in conjunction with the council, may revise its plan in accordance with the council's proposed recommendations.
The revised plan shall be completed in such time that it can be included in the council's recommendations to the Governor and the Legislature that are due on December 1 of each year.
L. 1989, c. 51, s. 8; amended 2023, c.177, s.77.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2BB-9 - Municipal Alliance Committee.

26:2BB-9. Municipal Alliance Committee.
9. The governing body of each municipality may appoint a Municipal Alliance Committee, or join with one or more municipalities to appoint a Municipal Alliance Committee. Membership on the Municipal Alliance Committee may include the chief of police; the president of the school board; the superintendent of schools; a student assistance coordinator; a representative of the parent-teacher association; a representative of the local bargaining unit for teachers; a representative of the Chamber of Commerce; a municipal court judge; representatives of local civic associations; representatives of local religious groups; and private citizens.
The Municipal Alliance Committee, in consultation with the Local Advisory Committee on Substance Use Disorder, shall identify substance use disorder prevention, education and community needs. The committee also shall implement the Alliance programs formulated pursuant to section 8 of P.L.1989, c.51 (C.26:2BB-8). The governing body of a municipality may match any funds it receives from the Alliance.
L. 1989, c. 51, s. 9; amended 2023, c.177, s.78.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2BB-10 - Rules, regulations

26:2BB-10. Rules, regulations
10. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Human Services shall adopt rules and regulations necessary to establish the Division of Mental Health and Addiction Services pursuant to this act.
L. 1989, c. 51, s. 10; amended 2023, c.177, s.79.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2BB-11 - Advisory commission abolished.

26:2BB-11. Advisory commission abolished.
The advisory commission to the Alcohol Education, Rehabilitation and Enforcement Fund, established pursuant to section 3 of P.L.1983, c.531 (C.26:2B-32), is abolished.
L. 1989, c. 51, s. 11.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2BB-12 - Supersedure, repeal of inconsistent acts.

26:2BB-12. Supersedure, repeal of inconsistent acts.
All acts and parts of acts inconsistent with any of the provisions of this amendatory and supplementary act are, to the extent of such inconsistency, superseded and repealed.
L. 1989, c. 51, s. 12.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2BB-13 - Evaluation.

26:2BB-13. Evaluation.
17. Two years after the date of enactment of this amendatory and supplementary act, the Governor shall contract with an independent evaluator who shall review and evaluate the effectiveness of the Governor's Council on Substance Use Disorder in, but not of, the Department of the Treasury and the Division Mental Health and Addiction Services in the Department of Human Services. Within one year after being appointed, the evaluator shall make recommendations to the Governor and the Legislature regarding the continuation of the council and the organization of the division as they are structured pursuant to P.L.1989, c.51 (C. 26:2BB-1 et al.).
L. 1989, c. 51, s. 17; amended 2023, c.177, s.80.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2BB-14 - Continuation of funding.

26:2BB-14. Continuation of funding.
18. The funding mechanisms, including the awarding of grants for drug abuse services by the Department of Health, that are in effect on the date of enactment of P.L.1989, c.51 (C.26:2BB-1 et al.) for substance use disorder services, exclusively, shall continue until such time as recommendations of the Governor's Council on Substance Use Disorder pursuant to P.L.1989, c.51 (C.26:2BB-1 et al.) are approved by the Commissioner of Human Services and enacted into law.
L. 1989, c. 51, s. 18; amended 2023, c.177, s.81.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2C-3.1 - Air pollution control commission abolished; transfer of functions, powers and duties

26:2C-3.1. Air pollution control commission abolished; transfer of functions, powers and duties
The Air Pollution Control Commission is hereby abolished. All of the functions, powers and duties of the Air Pollution Control Commission in the Department of Health are hereby transferred to the Department of Health.
L.1967, c. 106, s. 2, eff. June 15, 1967.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2C-3.2 - Clean Air Council

26:2C-3.2. Clean Air Council
(a) There is hereby created in the State Department of Health a Clean Air Council, which shall consist of 17 members, 3 of whom shall be the Commissioner of Commerce and Economic Development or a member of the Department of Commerce and Economic Development designated by him, the Commissioner of Community Affairs or a member of the Department of Community Affairs designated by him, and the Secretary of Agriculture or a member of the Department of Agriculture designated by him, who shall serve ex officio; six citizens of the State, representing the general public at least one of whom shall be a medical doctor licensed to practice in this State; and eight members to be appointed from persons to be nominated by the organizations hereinafter enumerated, by the Governor.
(b) Within 30 days following the effective date hereof and thereafter as required, at least one month prior to the expiration of the term of the member chosen from nominees of each organization hereinafter enumerated, each such organization shall submit to the Governor a list of three recommended nominees for membership on the council, from which list the Governor shall appoint one.
If any organization does not submit a list of recommended nominees at any time required by this act, the Governor may appoint a member of his choice.
The organizations which shall be entitled to submit recommended nominees are: New Jersey Health Officers Association, New Jersey State Chamber of Commerce, New Jersey Society of Professional Engineers, Inc., New Jersey Manufacturers Association, New Jersey Section of the American Industrial Hygiene Association, New Jersey State League of Municipalities, the New Jersey Freeholders' Association and the New Jersey State AFL-CIO.
(c) Of the 14 members first to be appointed, four shall be appointed for terms of one year, four for terms of two years, three for terms of three years and three for terms of four years. Thereafter, all appointments shall be made for terms of four years. All appointed members shall serve after the expiration of their terms until their respective successors are appointed and shall qualify, and any vacancy occurring in the appointed membership of the council, by expiration of term or otherwise, shall be filled in the same manner as the original appointment, for the unexpired term only, notwithstanding that the previous incumbent may have held over and continued in office as aforesaid. The Governor may remove any appointed member of the council for cause after a public hearing.
(d) Members of the council shall serve without compensation but shall be reimbursed for expenses actually incurred in attending meetings of the council and in the performance of their duties as members thereof.
(e) The council shall elect annually a chairman and vice-chairman from its own membership.
L. 1967, c. 106, s. 3, eff. June 15, 1967. Amended by L. 1967, c. 286, s. 5, eff. Jan. 23, 1967; L. 1985, c. 430, s. 2, eff. Jan. 13, 1986.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2C-3.2a - Clean air council; membership by state commissioner of health

26:2C-3.2a. Clean air council; membership by state commissioner of health
In addition to the membership of the Clean Air Council prescribed by P.L.1967, c. 106, s. 3 (C. 26:2C-3.2), the State Commissioner of Health or a member of his staff designated by him shall be a member of the council.
L.1973, c. 102, s. 1, eff. May 2, 1973.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2C-3.3 - Powers and duties of council

26:2C-3.3. Powers and duties of council
The Clean Air Council shall:
(a) Request from the commissioner information concerning the Air Pollution Control Program;
(b) Consider any matter relating to the preservation and improvement of the Air Pollution Control Program and advise the commissioner thereof;
(c) From time to time submit to the commissioner any recommendations which it deems necessary for the proper conduct and improvement of the Air Pollution Control Program;
(d) Study the Air Pollution Control Program and make its recommendations thereon to the commissioner;
(e) Study the codes, rules and regulations promulgated by the department in regard to air pollution control and make its recommendations for their improvement to the commissioner;
(f) Study and investigate the state of the art and the technical capabilities and limitations of air pollution control and report their findings and recommendations thereon to the commissioner;
(g) Study and investigate the need for programs for the long-range technical support of the Air Pollution Control Program and report their findings and recommendations thereon to the commissioner; and
(h) Hold public hearings at least once a year in regard to existing air pollution control, statutes, codes, rules and regulations and upon the state of the art and technical capabilities and limitations in air pollution control and report its recommendations thereon to the commissioner.
L.1967, c. 106, s. 4, eff. June 15, 1967.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2C-8 - Powers of department relative to air pollution.

26:2C-8 Powers of department relative to air pollution.
8. a. The department shall have power to formulate and promulgate, amend and repeal codes and rules and regulations preventing, controlling and prohibiting air pollution throughout the State or in such territories of the State as shall be affected thereby, except as provided in subsection b. of this section; provided, however, that no such code, rule or regulation and no such amendment or repeal shall be adopted except after public hearing to be held after 30 days' prior notice thereof by public advertisement of the date, time and place of such hearing, at which opportunity to be heard by the department with respect thereto shall be given to the public; and provided, further, that no such code, rule or regulation and no such amendment or repeal shall be or become effective until 60 days after the adoption thereof as aforesaid. Any person heard at such public hearing shall be given written notice of the determination of the department.
All codes, rules and regulations heretofore adopted by the Air Pollution Control Commission shall continue in full force and effect subject to the power of the department to amend and repeal such codes, rules and regulations as provided by this act.
b. Unless otherwise required by federal law, rule or regulation, no code, regulation, rule or standard may be adopted by the department that diminishes the efficacy of a hospital or medical disinfectant in killing or inactivating agents of infectious diseases, including, but not limited to, restrictions on the volatile organic compound content or emissions caused by the use of such products. No federal requirement to reduce volatile organic compound content or emissions in general may be construed to permit the department to regulate the volatile organic compounds found in, or released in the use of, a hospital or medical disinfectant, unless the federal law, rule or regulation establishing the federal requirement specifically requires the reduction of volatile organic compounds found in, or released in the use of, hospital or medical disinfectants.
L.1954,c.212,s.8; amended 1962, c.215, s.2; 1967, c.106, s.6; 1999, c.100, s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2C-8.1 - Codes, rules, regulations concerning motor vehicles

26:2C-8.1. Codes, rules, regulations concerning motor vehicles
1. a. The department, after consultation with the Director of the Division of Motor Vehicles, shall have the power to formulate and promulgate, amend and repeal codes, rules and regulations establishing standards and requirements for the control of air contaminants from motor vehicles.
b. The department, after consultation with the Director of the Division of Motor Vehicles, shall adopt rules and regulations, consistent with the federal Clean Air Act, establishing exhaust emission standards and test methods and standards for emission control apparatus and related items. The department shall not require the "I/M 240" test, but shall adopt an alternative test that is acceptable to the United States Environmental Protection Agency. The department may provide that the standards and test methods vary according to the model year, type, or other vehicle characteristic that the department deems necessary to facilitate inspections or to comply with the federal Clean Air Act. The emission standards and test methods adopted pursuant to this subsection shall not set any quota for emission test failures and shall not require the failure of motor vehicles at any predetermined rate. This subsection shall not preclude the use of the "I/M 240" test in sampling for performance evaluation only or the use of the test at the option of a private inspection facility.
L.1966,c.16,s.1; amended 1967,c.106,s.11; 1995,c.112,s.37; 1995,c.157,s.32.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2C-8.2 - Applicability of code, rule, regulation to classes of vehicles

26:2C-8.2. Applicability of code, rule, regulation to classes of vehicles
2. Any code, rule or regulation establishing standards and requirements for the control of air contaminants from motor vehicles shall be applicable to such classification of motor vehicles as the department shall determine to be necessary to carry out the purpose of P.L.1966, c.16 (C.26:2C-8.1 et seq.).
L.1966,c.16,s.2; amended 1967,c.106,s.12; 1995,c.112,s.38.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2C-8.3 - Standards and requirements for control of air contaminants; motor vehicles having air pollution control devices

26:2C-8.3. Standards and requirements for control of air contaminants; motor vehicles having air pollution control devices
Such codes, rules and regulations shall establish standards and requirements for the control of air contaminants from motor vehicles manufactured with air pollution control devices, systems or engine modifications consistent with the requirements of the "Motor Vehicle Air Pollution Control Act" (77 Stat. 392, 42 U.S.C. 1857) and any amendments and supplements thereto.
L.1966, c. 16, s. 3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2C-8.4 - Standards and requirements for control of air contaminants, motor vehicles without air pollution control devices.

26:2C-8.4 Standards and requirements for control of air contaminants, motor vehicles without air pollution control devices.
4. Except as otherwise required pursuant to P.L.2005, c.219 (C.26:2C-8.26 et al.) or other laws, codes, rules, and regulations concerning motor vehicles registered in the State, the codes, rules and regulations shall establish standards and requirements for control of air contaminants which can reasonably be attained by properly functioning motor vehicles without the addition of any air pollution control devices, systems, or engine modifications provided such vehicles were not manufactured with pollution control devices, systems or engine modifications in accordance with the "Motor Vehicle Air Pollution Control Act" (77 Stat. 392, 42 U.S.C. s.1857), the federal "Clean Air Act," 42 U.S.C. s.7401 et seq., and any subsequent federal laws controlling air contaminants from motor vehicles.
L.1966,c.16,s.4; amended 2005, c.219, s.32.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2C-8.5 - Manner of formulation and promulgation of codes, rules and regulations

26:2C-8.5. Manner of formulation and promulgation of codes, rules and regulations
All codes, rules and regulations shall be formulated and promulgated in the manner provided for in section 8 of the act to which this act is a supplement.
L.1966, c. 16, s. 5.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2C-8.10 - Sale, use of reformulated gasoline; program expiration

26:2C-8.10. Sale, use of reformulated gasoline; program expiration
5. The department shall not adopt rules and regulations requiring, for gasoline-fueled motor vehicles, the sale and use of reformulated gasoline other than that certified therefor by the United States Environmental Protection Agency pursuant to subsection (k) of 42 U.S.C. s.7545 for sale and use in states other than the State of California. If the sale and use of reformulated gasoline other than that so certified is required by federal law, rule, regulation, agency ruling, order, opinion, or other action or court order to be sold for use, and used, in gasoline-fueled motor vehicles in New Jersey because the State has implemented the California Low Emission Vehicle program pursuant to subsection a. of section 3 of P.L.2003, c.266 (C.26:2C-8.17), the California Low Emission Vehicle program implemented in New Jersey pursuant to P.L.2003, c.266 (C.26:2C-8.15 et al.) shall expire 180 days from the date of enactment of the federal law, adoption of the federal rule or regulation, issuance of the agency ruling, order, opinion, or other action, or issuance of the court order, as the case may be.
L.1993,c.69,s.5; amended 2003, c.266, s.8.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2C-8.11 - Air pollution control rules, regulations.

26:2C-8.11 Air pollution control rules, regulations.
6. a. The department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations implementing the following mandated air pollution control measures identified in the federal Clean Air Act and consistent with any rules, regulations, or guidelines that may be promulgated therefor by the United States Environmental Protection Agency:
(1) Enhanced vehicle inspection and maintenance program;
(2) Correction of reasonably available control technology rules for volatile organic compounds;
(3) Reasonably available control technology rules for volatile organic compounds;
(4) Reasonably available control technology rules for oxides of nitrogen;
(5) New source review regulations for volatile organic compounds, oxides of nitrogen, and carbon monoxide;
(6) Criteria and procedures for determining conformity between the State implementation plan and transportation plans; and
(7) Use in ozone nonattainment areas of federal reformulated gasoline that meets the requirements of subsection (k) of 42 U.S.C. s.7545 for sale and use in states other than the State of California.
b. As used in this section:
"Department" means the Department of Environmental Protection;
"Federal Clean Air Act" means the federal "Clean Air Act," 42 U.S.C. s.7401 et seq., and any subsequent amendments or supplements to that act; and
"State implementation plan" means the State implementation plan for national ambient air quality standards adopted for New Jersey pursuant to the federal Clean Air Act.
L.1993,c.69,s.6; amended 2003, c.266, s.9.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2C-8.14 - Written report, list, inventory.

26:2C-8.14 Written report, list, inventory.
10. a. The Department of Environmental Protection, in consultation with the Commissioner of Transportation and the Chief Administrator of the New Jersey Motor Vehicle Commission, shall prepare and submit on a semi-annual basis to the Senate Environment Committee and the Assembly Environment and Solid Waste Committee, or their successors as designated respectively by the President of the Senate and the Speaker of the General Assembly, a written report that shall:
(1) summarize the State implementation plan and any amendments, alterations, or supplements to that plan that have been made or proposed since the last semi-annual report was issued; and
(2) analyze the progress and effectiveness of the State implementation plan with respect to ensuring that the State shall be, and shall remain, in compliance with all applicable requirements, standards, and deadlines set forth in the federal Clean Air Act.
As used in this subsection: "federal Clean Air Act" means the federal "Clean Air Act," 42 U.S.C. s.7401 et seq., and any subsequent amendments or supplements to that act; and "State implementation plan" means the State implementation plan for national ambient air quality standards adopted for New Jersey pursuant to the federal Clean Air Act.
b. (Deleted by amendment, P.L.2003, c.266).
c. (Deleted by amendment, P.L.2003, c.266).
L.1993,c.69,s.10; amended 2003, c.266, s.10.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2C-8.16 - Definitions relative to low emission vehicles.

26:2C-8.16 Definitions relative to low emission vehicles.
2. As used in sections 1 through 7 of P.L.2003, c.266 (C.2C:2C-8.15 et seq.):
"Advanced technology partial zero emission vehicle" means a vehicle certified as an advanced technology partial zero emission vehicle pursuant to the California Air Resources Board vehicle standards for the applicable model year;
"California Low Emission Vehicle program" means the second phase of the low emission vehicle program being implemented in the State of California, pursuant to the provisions of the Federal Clean Air Act and the California Code of Regulations;
"Commissioner" means the Commissioner of Environmental Protection;
"Department" means the Department of Environmental Protection;
"Federal Clean Air Act" means the federal "Clean Air Act," 42 U.S.C. s.7401 et seq., and any subsequent amendments or supplements to that act;
"Low Emission Vehicle Review Commission" means the commission established by subsection a. of section 5 of P.L.2003, c.266 (C.26:2C-8.19);
"Partial zero emission vehicle" means a vehicle certified as a partial zero emission vehicle pursuant to the California Air Resources Board vehicle standards for the applicable model year;
"State implementation plan" means the State implementation plan for national ambient air quality standards adopted for New Jersey pursuant to the federal Clean Air Act;
"Zero emission vehicle" means a vehicle certified as a zero emission vehicle pursuant to the California Air Resources Board zero emission vehicle standards for the applicable model year, but shall not include an advanced technology partial zero emission vehicle or a partial zero emission vehicle; and
"Zero emission vehicle requirement" means the percentage or number of those vehicles certified as zero emission vehicles pursuant to the California Air Resources Board vehicle standards and required to be delivered by a manufacturer for sale or lease for the applicable model year, and any additional percentages or numbers of advanced technology partial zero emission vehicles or partial zero emission vehicles that may be delivered by a manufacturer for sale or lease to satisfy the zero emission vehicle requirement established by the California Air Resources Board in lieu of vehicles that meet the pure zero emission vehicle standard.
L.2003,c.266,s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2C-8.17 - Implementation of California Low Emission Vehicle program; substantive changes.

26:2C-8.17 Implementation of California Low Emission Vehicle program; substantive changes.
3. a. Notwithstanding any provision of a State implementation plan submitted by the Department of Environmental Protection to the United States Environmental Protection Agency pursuant to the requirements of the federal "Clean Air Act Amendments of 1990," 42 U.S.C. s.7403 et seq., to the contrary, the department shall implement the California Low Emission Vehicle program in the State beginning on January 1, 2009, except as provided pursuant to sections 6 and 7 of P.L.2003, c.266 (C.26:2C-8.20 and C.26:2C-8.21).
b. The Commissioner of Environmental Protection, within 30 days after a proposed major substantive change to the California Low Emission Vehicle program that, if adopted, would necessitate a corresponding substantive change to the program in New Jersey adopted pursuant to subsection a. of this section, shall provide written notice and a summary of the proposed substantive change to the Senate Environment Committee and the Assembly Environment and Solid Waste Committee, or their successors as designated respectively by the President of the Senate and the Speaker of the General Assembly.
c. The commissioner shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations necessary to implement the California Low Emission Vehicle program in the State beginning on January 1, 2009.
L.2003,c.266,s.3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2C-8.17a - Extended warranty for partial zero emission vehicles.

26:2C-8.17a Extended warranty for partial zero emission vehicles.
1. In addition to any other law, rule, or regulation concerning warranty provisions, a partial zero emission vehicle sold in this State shall include an extended performance and defects warranty, which shall be, at a minimum, for a period of 15 years or 150,000 miles, whichever occurs first, except that the warranty period for a zero emission energy storage device used for traction power, including, but not limited to, a battery, ultracapacitor, or other electric storage device, shall be, at a minimum, 10 years.
L.2017, c.386, s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2C-8.22 - Findings, declarations relative to MTBE.

26:2C-8.22 Findings, declarations relative to MTBE.
1. The Legislature finds and declares that methyl tertiary butyl ether, more commonly referred to as MTBE, may threaten drinking water supplies in the State and nationwide due to the properties of MTBE that make it highly soluble and rapidly transported into groundwater; that, although MTBE has become the most commonly used additive to fulfill the State's requirements pursuant to the federal "Clean Air Act Amendments of 1990," 42 U.S.C.s.7403 et seq., it is not the only additive available to meet the federal requirements; that the Department of Environmental Protection began detecting trace amounts of MTBE in drinking water around the State in 1990 and, in 1996, the Department of Environmental Protection began requiring the testing of levels of MTBE in drinking water, even though it was not a federal requirement; and that, after serious study, in July 1999, the United States Environmental Protection Agency proposed that Congress authorize the reduction or elimination of the use of MTBE as a component of gasoline because it is found as a contaminant in drinking water supplies nationwide.
The Legislature therefore determines that in addition to the water testing currently conducted in the State and the investigation of remediation methods for existing contamination, it is of vital importance that contamination of drinking water from MTBE not occur in the State, and that the sale of gasoline containing MTBE must be prohibited in the State.
L.2005,c.192,s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2C-8.23 - Definitions relative to MTBE.

26:2C-8.23 Definitions relative to MTBE.
2. As used in this act:
"Department" means the Department of Environmental Protection;
"MTBE" means methyl tertiary butyl ether.
L.2005,c.192,s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2C-8.24 - Prohibitions against sale in State of gasoline containing MTBE.

26:2C-8.24 Prohibitions against sale in State of gasoline containing MTBE.
3. a. No person shall distribute in commerce for sale in the State, gasoline which contains more than 0.5% MTBE by volume.
b. Any person who violates this act, or any rule or regulation adopted pursuant thereto, shall be subject to the provisions of section 10 of P.L.1977, c.74 (C.58:10A-10).
c. Nothing in this act shall prohibit the manufacture, processing, or importation within the State of gasoline that contains more than 0.5% MTBE by volume for distribution in commerce outside the State.
L.2005,c.192,s.3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2C-8.25 - Rules, regulations.

26:2C-8.25 Rules, regulations.
4. The department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to implement the provisions of this act.
L.2005,c.192,s.4.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2C-8.29 - DEP to consult when developing rules, regulations concerning diesel commercial buses.

26:2C-8.29 DEP to consult when developing rules, regulations concerning diesel commercial buses.
4. The Department of Environmental Protection shall consult with the New Jersey Motor Vehicle Commission and the New Jersey Transit Corporation when developing the provisions of the rules and regulations to be adopted pursuant to section 3 of P.L.2005, c.219 (C.26:2C-8.28) concerning diesel commercial buses. No later than 60 days before any proposed rules or regulations are filed for publication in the New Jersey Register, the Department of Environmental Protection shall submit for comment to the New Jersey Transit Corporation any rules or regulations concerning diesel commercial buses proposed for adoption pursuant to section 3, section 19, or section 20 of P.L.2005, c.219 (C.26:2C-8.28, C.26:2C-8.44, or C.26:2C-8.45). The Department of Environmental Protection, wherever possible, shall incorporate into requirements imposed on the New Jersey Transit Corporation the use of improved pollution control or fuels other than conventional diesel fuel used by the New Jersey Transit Corporation pursuant to section 22 of P.L.1984, c.73 (C.27:1B-22), but may require additional controls or fuel use for diesel commercial buses operated by, or under contract to, the New Jersey Transit Corporation. No provision of section 22 of P.L.1984, c.73 (C.27:1B-22) shall be construed to supersede, or exempt the New Jersey Transit Corporation from, any requirements the Department of Environmental Protection may establish pursuant to this section. The Department of Environmental Protection shall give due consideration to the efforts and actions of the New Jersey Transit Corporation for any reduction of fine particle diesel emissions that it has achieved by the installation of retrofit equipment on on-road diesel vehicles in its fleet or the use of special fuels by its fleet to use prior to the submittal of any fleet retrofit plan, combined fleet retrofit plan, or fleet averaging plan required pursuant to P.L.2005, c.219 (C.26:2C-8.26 et al.).
L.2005,c.219,s.4.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2C-8.30 - Public outreach program to owners of affected vehicles, equipment.

26:2C-8.30 Public outreach program to owners of affected vehicles, equipment.
5. The Department of Environmental Protection shall develop and implement, in consultation with the New Jersey Motor Vehicle Commission, a public outreach program to notify and inform the owners of regulated vehicles or regulated equipment affected by the provisions of P.L.2005, c.219 (C.26:2C-8.26 et al.) of the provisions of the law. In developing and implementing the public outreach program, the department shall make every effort to reach those owners that can be identified with the information that is available to the department and through other State agencies or departments, but the department shall not be responsible for notifying and informing owners that could not be identified, and not the New Jersey Motor Vehicle Commission nor any other State agency or department shall be required to identify every owner.
L.2005,c.219,s.5.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2C-8.33 - Rules and regulations relative to idling school buses, consistency with "Air Pollution Control Act (1954)."

26:2C-8.33 Rules and regulations relative to idling school buses, consistency with "Air Pollution Control Act (1954)."
8. a. The rules and regulations adopted pursuant to paragraph (4) of subsection b. of section 3 of P.L.2005, c.219 (C.26:2C-8.28), shall be consistent with any rules and regulations adopted pursuant to the "Air Pollution Control Act (1954)," P.L.1954, c.212 (C.26:2C-1 et seq.) concerning the idling of vehicles powered by diesel engines, shall be no less stringent than the restrictions on idling pursuant to department rules and regulations in effect on the date of enactment of P.L.2005, c.219 (C.26:2C-8.26 et al.), and shall provide for the same penalties to be enforced for school bus idling as are enforced for the idling of other motor vehicles pursuant to section 2 of P.L.1966, c.15 (C.39:3-70.2), except that:
(1) a warning shall be issued to the driver of the school bus operated in violation of these provisions, to the school district if the school district is not the owner of the school bus, and the principal or administrator of the school serviced by the school bus operated in violation of these provisions, for the first violation;
(2) for a first violation, a notice of violation shall be issued to, and the appropriate penalty imposed on, the owner of the school bus operated in violation of these provisions; and
(3) subsequent violations shall be enforced against the owner of the school bus operated in violation of these provisions, if other than the school district, and the school district serviced by the school bus operated in violation of these provisions.
No penalties may be assessed against any driver of any school bus that is operated in violation of the rules and regulations adopted pursuant to P.L.2005, c.219 (C.26:2C-8.26 et al.).
b. The Department of Environmental Protection shall consult with the Department of Education, individual school districts and school administrators concerning the issue of school bus idling, and develop and assist with the implementation of policies and procedures to achieve compliance with the rules and regulations adopted pursuant to paragraph (4) of subsection b. of section 3 of P.L.2005, c.219 (C.26:2C-8.28).
c. The Department of Law and Public Safety, in consultation with local law enforcement, the Department of Education, the Department of Environmental Protection, and the New Jersey Motor Vehicle Commission, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules or regulations necessary to facilitate and ensure the enforcement of the rules and regulations adopted pursuant to paragraph (4) of subsection b. of section 3 of P.L.2005, c.219 (C.26:2C-8.28).
L.2005,c.219,s.8.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2C-8.37 - Inapplicability relative to vehicles, equipment meeting federal standard.

26:2C-8.37 Inapplicability relative to vehicles, equipment meeting federal standard.
12. Notwithstanding the provisions of P.L.2005, c.219 (C.26:2C-8.26 et al.), or any rule or regulation adopted pursuant thereto, to the contrary, no best available retrofit technology shall be required by the department to be used on any regulated on-road diesel vehicle manufactured and certified to meet a federal standard of 0.01 grams per brake-horsepower-hour of fine particle emissions, or on any regulated off-road diesel equipment manufactured and certified to meet a federal standard of 0.015 grams per brake-horsepower-hour of fine particle emissions.
L.2005,c.219,s.12.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2C-8.38 - Voluntary repowering, replacing, or rebuilding of equipment.

26:2C-8.38 Voluntary repowering, replacing, or rebuilding of equipment.
13. Notwithstanding the provisions of P.L.2005, c.219 (C.26:2C-8.26 et al.), or any rule or regulation adopted pursuant thereto, to the contrary, no owner of any on-road diesel vehicle or piece of off-road diesel equipment may be required by the department to repower any on-road diesel vehicle or piece of off-road diesel equipment, or to replace or rebuild an engine in any on-road diesel vehicle or piece of off-road diesel equipment, unless the owner has voluntarily agreed to do so. The owner of any on-road diesel vehicle or piece of off-road diesel equipment may repower the on-road diesel vehicle or piece of off-road diesel equipment, or replace or rebuild its engine, to comply with the requirements of P.L.2005, c.219 (C.26:2C-8.26 et al.).
L.2005,c.219,s.13.