New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 29A - NEW JERSEY ADVANCED CLEAN CARS II PROGRAM › Section 7:27-29A.7 - Incorporation by reference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless specifically excluded by this subchapter, when a provision of the CCR or the California Vehicle Code is incorporated by reference, all notes, comments, appendices, diagrams, tables, forms, figures, publications, and cross-references are also incorporated by reference, as supplemented or amended.
(b) Supplements, amendments, and any other changes including, without limitation, repeals, or stays that affect the meaning or operational status of a California rule or legislation incorporated by reference, brought about by either judicial, administrative, or legislative action, and adopted or otherwise noticed by the State of California, shall be immediately effective and applicable to this subchapter on the date such change is effective in California, so that the New Jersey rule will have the same meaning and status as its California counterpart.
(c) In the event that there are inconsistencies or duplications in the requirements of the provisions incorporated by reference from the CCR or the California Vehicle Code and this subchapter, the provisions incorporated by reference from the CCR or the California Vehicle Code shall prevail.
(d) Nothing in the provisions incorporated by reference from the CCR or the California Vehicle Code shall affect the Department's authority to enforce statutes, rules, permits, or orders administered or issued by the Commissioner.
(e) The following provisions of the CCR and the California Vehicle Code are incorporated by reference within this subchapter, as supplemented or amended, except as provided at (f) and (g) below:
Table 1
California Code of Regulations (CCR)
Title 13
Chapter 1
Motor Vehicle Pollution Control Devices
Article 1
General Provisions
Section 1900
Definitions
Section 1905
Exclusion and Exemption of Military Tactical Vehicles and Equipment
Article 2
Approval of Motor Vehicle Pollution Control Devices (New Vehicles)
Section 1956.8(g) and (h)
Exhaust Emission Standards and Test Procedures--1985 and Subsequent Model Heavy Duty Engines and Vehicles
Section 1960.1
Exhaust Emission Standards and Test Procedures-1981 through 2006 Model Passenger Cars, Light-Duty and Medium-Duty Vehicles
Section 1961
Exhaust Emission Standards and Test Procedures--2004 through 2019 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles
Section 1961.1
Greenhouse Gas Exhaust Emission Standards and Test Procedures--2009 through 2016 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles
Section 1961.2
Exhaust Emission Standards and Test Procedures--2015 through 2025 Model Year Passenger Cars and Light-Duty Trucks, and 2015 through 2028 Model Year Medium-Duty Vehicles
Section 1961.3
Greenhouse Gas Exhaust Emission Standards and Test Procedures--2017 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Passenger Vehicles
Section 1961.4
Exhaust Emission Standards and Test
Procedures--2026 and Subsequent Model Year Passenger
Cars, Light-Duty Trucks, and Medium-Duty Vehicles
Section 1962.2
Zero-Emission Vehicle Standards for 2018 through 2025 Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles
Section 1962.3
Electric Vehicle Charging Requirements
Section 1962.4
Zero-Emission Vehicle Requirements for 2026 and Subsequent Model Year Passenger Cars and Light-Duty Trucks
Section 1962.5
Data Standardization Requirements for 2026 and Subsequent Model Year Light-Duty Zero Emission Vehicles and Plug-in Hybrid Electric Vehicles
Section 1962.6
Battery Labeling Requirements
Section 1962.7
In-Use Compliance, Corrective Action and Recall Protocols for 2026 and Subsequent Model Year Zero-Emission and Plug-in Hybrid Electric Passenger Cars and Light-Duty Trucks
Section 1962.8
Warranty Requirements for Zero-Emission and Batteries in Plug-in Hybrid Electric 2026 and Subsequent Model Year Passenger Cars and Light-Duty Trucks
Section 1965
Emission Control and Smog Index Labels--1979 and Subsequent Model Year Vehicles
Section 1968.1
Malfunction and Diagnostic System Requirements--1994 and Subsequent Model-Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles and Engines
Section 1968.2
Malfunction and Diagnostic System Requirements--2004 and Subsequent Model Year Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles and Engines
Section 1968.5
Enforcement of Malfunction and Diagnostic System Requirements for 2004 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles and Engines
Section 1969
Motor Vehicle Service Information--1994 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Engines and Vehicles, and 2007 and Subsequent Model Heavy-Duty Engines
Section 1976
Standards and Test Procedures for Motor Vehicle Fuel Evaporative Emissions
Section 1978
Standards and Test Procedures for Vehicle Refueling Emissions
Article 6
Emission Control System Warranty
Section 2035
Purpose, Applicability and Definitions
Section 2036
Defects Warranty Requirements for 1979 Through 1989 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles; 1979 and Subsequent Model Motorcycles and Heavy-Duty Vehicles; and Motor Vehicle Engines Used in Such Vehicles; and 2020 and Subsequent Model Year Trailers
Section 2037
Defects Warranty Requirements for 1990 and Subsequent Model Year Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles and Motor Vehicle Engines Used in Such Vehicles
Section 2038
Performance Warranty Requirements for 1990 and Subsequent Model Year Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles and Motor Vehicle Engines Used in Such Vehicles
Section 2039
Emission Control System Warranty Statement
Section 2040
Vehicle Owner Obligations
Section 2041
Mediation; Finding of Warrantable Condition
Section 2046
Defective Catalyst
Chapter 2
Enforcement of Vehicle Emission
Standards and Enforcement Testing
Article 1
Assembly Line Testing
Section 2062
Assembly-line Test Procedures 1998 and Subsequent Model Years
Article 2
Enforcement of New and In-use Vehicle Standards
Section 2101
Compliance Testing and Inspection-New Vehicle Selection, Evaluation and Enforcement Action
Section 2109
New Vehicle Recall Provisions
Section 2110
Remedial Action for Assembly-Line Quality Audit Testing of Less than a Full Calendar Quarter of Production Prior to the 2001 Model-Year
Article 2.1
Procedures for In-Use Vehicle Voluntary and Influenced Recalls
Section 2111
Applicability
Section 2112
Definitions
Section 2113
Initiation and Approval of Voluntary and Influenced Recalls
Section 2114
Voluntary and Influenced Recall Plans
Section 2115
Eligibility for Repair
Section 2116
Repair Label
Section 2117
Proof of Correction Certificate
Section 2118
Notification
Section 2119
Record keeping and Reporting Requirements
Section 2120
Other Requirements Not Waived
Section 2121
Penalties
Article 2.2
Procedures for In-Use Vehicle Ordered Recalls
Section 2122
General Provisions
Section 2123
Initiation and Notification of Ordered Emission-Related Recalls
Section 2124
Availability of Public Hearing
Section 2125
Ordered Recall Plan
Section 2126
Approval and Implementation of Recall Plan
Section 2127
Notification of Owners
Section 2128
Repair Label
Section 2129
Proof of Correction Certificate
Section 2130
Capture Rates and Alternative Measures
Section 2131
Preliminary Tests
Section 2132
Communication with Repair Personnel
Section 2133
Record keeping and Reporting Requirements
Section 2135
Extension of Time
Article 2.3
In-Use Vehicle Enforcement Test Procedures
Section 2136
General Provisions
Section 2137
Vehicle, Engine, and Trailer Selection
Section 2138
Restorative Maintenance
Section 2139
Testing
Section 2140
Notification and Use of Test Results
Article 2.4
Procedures for Reporting Failure of Emission-Related Components
Section 2141
General Provisions
Section 2142
Alternative Procedures
Section 2143
Failure Levels Triggering Recall and Corrective Action
Section 2144
Emission Warranty Information Report
Section 2145
Field Information Report
Section 2146
Emissions Information Report
Section 2147
Demonstration of Compliance with Emission Standards
Section 2148
Evaluation of Need for Recall
Section 2149
Notification and Subsequent Action
Article 3
Surveillance Testing
Section 2150
Assembly-Line Surveillance
Section 2151
New Motor Vehicle Dealer Surveillance
Chapter 4
Criteria for the Evaluation of Motor Vehicle Pollution Control Devices and Fuel Additives
Article 2
Aftermarket Parts
Section 2221
Replacement Parts
Section 2222
Add-On Parts and Modified Parts
Chapter 4.4
Specifications for Fill Pipes and Openings of Motor Vehicle Fuel Tanks
Section 2235
Requirements
California Vehicle Code
Division 12
Equipment of Vehicles
Chapter 5
Other Equipment
Article 2
Exhaust Systems
Section 27156.2
Section 27156.3
(f) For purposes of applying the incorporated sections of the CCR and California Vehicle Code, unless otherwise specified in this subchapter or the application is clearly inappropriate, "California" means "New Jersey," "Air Resources Board (ARB)" or "California Air Resources Board (CARB)" means "Department of Environmental Protection," and "Executive Officer" means the "Commissioner of the Department" or the Commissioner's designee. For example, "delivered for sale in California" and "placed in service in California" shall mean vehicles "delivered for sale in New Jersey" or "placed in service in New Jersey."
(g) At 13 CCR 1962.4(l), Definitions, in the definition of "community-based clean mobility program," replace "serves a community in which at least 75 percent of the census tracts in the project area (where community residents live and services operate) are: a disadvantaged community, as defined in California by Health and Safety Code section 39711, a low-income community as defined in California by Health and Safety Code section 39713, or a tribal community regardless of federal recognition" with "serves a community in which at least 75 percent of the census tracts in the project area (where community residents live and services operate) are: an overburdened community subject to adverse cumulative stressors, as determined by the Department pursuant to N.J.A.C. 7:1C, a low-income community where at least 35 percent of the households qualify as low-income households as determined by the Department pursuant to N.J.A.C. 7:1C, or a tribal community regardless of Federal recognition."