S 4214

SENATE, No. 4214
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MAY 11, 2026
Sponsored by:
Senator� RAJ MUKHERJI
District 32 (Hudson)
SYNOPSIS
���� Codifies finding that greenhouse gas emissions
contribute to climate change and endanger public health, safety, welfare, and
environment; amends �Air Pollution Control Act (1954)� to define greenhouse
gases as air pollutants subject to regulation.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act concerning greenhouse gas emissions, supplementing
Title 26 of the Revised Statues, and amending various parts of the statutory
law.
���� Be It
Enacted by the Senate and General Assembly of
the State of New Jersey:
���� 1.� (New section) a.� The
Legislature finds and declares that:
���� (1) greenhouse gases in the
atmosphere may reasonably be anticipated both to endanger public health and to
endanger public welfare;
���� (2) air pollution should now
reasonably be understood to include greenhouse gases such as carbon dioxide,
methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur
hexafluoride;
���� (3) the body of scientific
evidence compellingly supports the finding that greenhouse gases endanger
public health and welfare, including the major assessments by the U.S. Global
Climate Research Program, the Intergovernmental Panel on Climate Change, and the
National Research Council;
���� (4) elevated concentrations of
greenhouse gases and associated climate change affect public health by causing
changes in air quality, increases in temperatures, changes in extreme weather
events, increases in food- and water-borne pathogens, and changes in
aeroallergens;
���� (5) increases in ambient ozone
are expected to occur over broad areas of the country, and they are expected to
increase serious adverse health effects in large population areas, including
the State of New Jersey, that are and may continue to be in nonattainment;
���� (6) the impact on mortality
and morbidity associated with increases in average temperatures, which increase
the likelihood of heat waves, also provides support for a public health
endangerment finding;
���� (7) the evidence concerning
how human-induced climate change may alter extreme weather events also clearly
supports the finding that greenhouse gases endanger public health and welfare,
given the serious adverse impacts that can result from such events and the
increase in risk, even if small, of the occurrence and intensity of events such
as hurricanes and floods;
���� (8) public health is expected
to be adversely affected by an increase in the severity of coastal storm events
due to rising sea levels;
���� (9) water resources across
large areas of the country are at serious risk from climate change, with
effects on water supplies, water quality, and adverse effects from extreme
events such as floods and droughts;
���� (10) climate change is
expected to result in an increase in electricity production, especially supply
for peak demand, which may be exacerbated by the potential for adverse impacts
from climate change on hydropower resources as well as the potential risk of
serious adverse effects on energy infrastructure from extreme events;
���� (11) the body of evidence
points towards increasing risk of net adverse impacts on U.S. food production
and agriculture over time, with the potential for significant disruptions and
crop failure in the future; and
���� (12) finally, the Legislature
places weight on the fact that certain groups, including children, the elderly,
and the poor, are most vulnerable to these climate-related effects.
���� b.� The Legislature therefore
determines that it is in the public interest for the State to establish programs
to regulate greenhouse gases as air pollutants.
���� 2.� (New section) a.� As used
in this section:
���� �Greenhouse gas� means the
same as the term is defined in section 3 of P.L.2007, c.112 (C.26:2C-39).
���� �Major facility� means the
same as the term is defined in section 2 of P.L.1954, c.212 (C.26:2C-2).
���� �Statewide greenhouse gas
emissions� means the same as the term is defined in section 3 of P.L.2007,
c.112 (C.26:2C-39).
���� �Stationary source� means any
source of air contaminant or greenhouse gas emissions, except for a mobile
source, nonroad engine, or nonroad vehicle.
���� �Zero emission vehicle� means
the same as the term is defined in section 2 of P.L.2003, c.266 (C.26:2C-8.16).
���� b.� No later than 18 months
after the effective date of P.L.    , c.
(C.  ) (pending
before the Legislature as this bill), the Department of Environmental
Protection shall, in accordance with the �Administrative Procedure Act,�
P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations to:
���� (1) establish Statewide greenhouse
gas emissions standards, which are consistent with the State�s greenhouse gas
emission reduction targets, including, but not limited to, the targets in
section 4 of P.L.2007, c.112 (C.26:2C-40);
���� (2) establish greenhouse gas
emission standards for stationary sources under the �Air Pollution Control Act
(1954),� P.L.1954, c.212 (C.26:2C-1 et seq.) for sources including, but not
limited to, major facilities, power plants, industrial facilities, oil
refineries, and large electricity generation units;
���� (3) establish any other
standards, including low carbon transportation fuel standards or zero emission
vehicle sales requirements, necessary to ensure that the State�s greenhouse gas
emission reduction targets, including, but not limited to, the targets in
section 4 of P.L.2007, c.112 (C.26:2C-40), are met.
���� c.� As much as is practicable,
the standards adopted pursuant to this section shall be consistent with similar
standards adopted by the State of California.
���� 3.� Section 2 of P.L.1954,
c.212 (C.26:2C-2) is amended to read as follows:
���� 2.��� As used in [this act] P.L.1954,
c.212 (C.26:2C-1 et seq.):
���� �Air contaminant� means any
substance, other than water or distillates of air, present in the atmosphere as
solid particles, liquid particles, vapors, or gases[;] .
���� �Air pollution� means the
presence in the outdoor atmosphere of one or more air contaminants in such
quantities and duration as are, or tend to be, injurious to human health or
welfare, animal or plant life, or property, or would unreasonably interfere
with the enjoyment of life or property throughout the State and in those areas
of the State as shall be affected thereby, and excludes all aspects of an
employer-employee relationship as to health and safety hazards[;] .
���� �Antimicrobial pesticide�
means a product that destroys or repels, or prevents or mitigates the growth
of, any bacteria, fungus, virus or other micro-organism that is defined as a
pest pursuant to 7 U.S.C. s.136w (c)(1), and includes any product required to
be registered as an antimicrobial pesticide pursuant to the �Federal
Insecticide, Fungicide and Rodenticide Act,� 7 U.S.C. s.136 et seq.[;]
���� �Commissioner� means the
Commissioner of Environmental Protection[;] .
���� �Construct� or �construction�
means to fabricate or erect equipment or control apparatus at a facility where
it is intended to be used, but shall not include the dismantling of existing
equipment or control apparatus, site preparation, or the ordering, receiving,
temporary storage, or installation of equipment or control apparatus.� Unless
otherwise prohibited by federal law, �construct� or �construction� shall also
not include the pouring of footings or placement of a foundation where
equipment or control apparatus is intended to be used[;] .
���� �Consumer Price Index� or �CPI�
means the annual Consumer Price Index for a calendar year as determined year to
year using the decimal increase in the September through August, 12-month
average for the previous year of the Consumer Price Index for All Urban
Consumers (CPI-U), as published by the United States Department of Labor[;] .
���� �Control apparatus� means any
device that prevents or controls the emission of any air contaminant[;] .
���� �Council� means the Clean Air
Council created pursuant to section 3 of P.L.1967, c.106 (C.26:2C-3.2)[;] .
���� �Department� means the
Department of Environmental Protection[;] .
���� �Emission fee� means an annual
fee that is based on the emission of any regulated air contaminant[;] .
���� �Emission statement� means an
annual reporting of actual emissions of air contaminants as prescribed by rules
and regulations therefor that shall be adopted by the department pursuant to
the �Administrative Procedure Act, � P.L.1968, c.410 (C.52:14B-1 et seq.)[;] .
���� �EPA� means the United States
Environmental Protection Agency[;] .
���� �Equipment� means any device
capable of causing the emission of an air contaminant either directly or
indirectly into the outdoor atmosphere, and any stack, chimney, conduit, flue,
duct, vent, or similar device connected or attached to, or serving, the
equipment, and shall include, but need not be limited to, any equipment in
which the preponderance of the air contaminants emitted is caused by a
manufacturing process[;] .
���� �Excess greenhouse gas
emissions� means Statewide greenhouse gas emissions which exceed the limits
established in section 4 of P.L.2007, c.112 (C.26:2C-40) or the interim
benchmarks adopted pursuant to section 5 of P.L.2007, c.112 (C.26:2C-41).
���� �Facility� means the
combination of all structures, buildings, equipment, control apparatus, storage
tanks, source operations, and other operations that are located on a single
site or on contiguous or adjacent sites and that are under common control of
the same person or persons.� Research and development facilities that are
located with other facilities shall be considered separate and independent
entities for the purposes of complying with the operating permit requirements
of P.L.1954, c.212 (C.26:2C-1 et seq.) or any codes, rules, or regulations
adopted pursuant thereto[;] .
���� �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[;] .
���� �Grandfathered� means
construction, reconstruction, or modification of equipment or control apparatus
prior to the date of enactment of section 13 of P.L.1967, c.106 (C.26:2C-9.2)
on June 15, 1967, or prior to the subsequent applicable revisions to rules and
regulations codified at N.J.A.C.7:27-8.1 et seq. that occurred March 5, 1973,
June 1, 1976, April 5, 1985, and October 31, 1994[;] .
���� �Greenhouse gas� means the
same as the term is defined in section 3 of P.L.2007, c.112 (C.26:2C-39).
���� �HAP� or hazardous air
pollutant� means any air pollutant listed in or pursuant to subsection (b) of
section 112 of the federal Clean Air Act (42 U.S.C. s.7412)[;] .
���� �Hospital or medical
disinfectant� means an antimicrobial product registered with the United States
Environmental Protection Agency that qualifies to bear the name or claim to be
a �hospital or medical environment disinfectant� pursuant to United States
Environmental Protection Agency guidelines published pursuant to 7 U.S.C.
s.136a (c)(2)(A), and shall include, but shall not be limited to, antimicrobial
pesticides used in hospitals, doctor and dentist offices, and other medical
environments[;] .
���� �Install� or �installation�
means to carry out final setup activities necessary to provide equipment or
control apparatus with the capacity for use or service, and shall include, but
need not be limited to, connection of equipment or control apparatus,
associated utilities, piping, duct work, or conveyor systems, but shall not
include construction or reconfiguration of equipment or control apparatus to an
alternate configuration specified in a permit application and approved by the
department[;] .
���� �Major facility� means a major
source, as that term is defined by the EPA in rules and regulations adopted
pursuant to the federal Clean Air Act at 40 CFR 70.2 or any subsequent
amendments thereto, that has the potential to emit any of the air contaminants
listed below in an amount that is equal to or exceeds the applicable major
facility threshold levels as follows:
Air Contaminant�������������������������������� Threshold
level
Carbon monoxide������������������������������ 100
tons per year
Particulate matter (PM-10)��������������� 100
tons per year
Total suspended particulates������������� 100
tons per year
Sulfur dioxide����������������������������������� 100
tons per year
Oxides of nitrogen����������������������������� 25
tons per year
VOC�������������������������������������������������� 25
tons per year
Lead��������������������������������������������������� 10
tons per year
Any HAP������������������������������������������� 10
tons per year
All HAPs collectively������������������������ 25
tons per year
Any other air contaminant���������������� 100
tons per year[;] .
���� �Modify� or �modification�
means any physical change in, or change in the method of operation of, existing
equipment or control apparatus that increases the amount of any air contaminant
emitted by that equipment or control apparatus or that results in the emission
of any air contaminant not previously emitted, but shall not include normal
repair and maintenance[;] .
���� �Operating permit� means the
permit described in Title V of the federal Clean Air Act (42 U.S.C. s.7661 et
seq.)[;] .
���� �Person� means an individual,
public or private corporation, company, partnership, firm, association,
society, joint stock company, international entity, institution, county,
municipality, state, interstate body, the United States of America, or any
agency, board, commission, employee, agent, officer, or political subdivision
of a state, an interstate body, or the United States of America[;] .
���� �Potential to emit� means the
same as that term is defined by the EPA in rules and regulations adopted
pursuant to the federal Clean Air Act at 40 CFR 70.2 or any subsequent
amendments thereto[;] .
���� �Process unit� means equipment
assembled to produce intermediate or final products.� A process unit can
operate independently if supplied with sufficient feed or raw materials and
sufficient storage facilities for the product.� The storage and transfer of
product or raw materials to and from the process unit shall be considered
separate from the process unit for the purposes of making reconstruction
determinations.� Product recovery equipment shall be considered to be part of
the process unit, not part of the control apparatus[;] .
���� �Reconstruct� or �reconstruction�
means the replacement of parts of equipment included in a process unit, or the
replacement of control apparatus, if the fixed capital cost of replacing the
parts exceeds both of the following amounts:� (1) Fifty percent of the fixed
capital cost that would be required to construct a comparable new process unit
or control apparatus; and (2) $80,000 (in 1995 dollars) adjusted by the
Consumer Price Index[;] .
���� �Regulated air contaminant�
means the same as the term �regulated air pollutant� as defined by the EPA in
rules and regulations adopted pursuant to the federal Clean Air Act at 40 CFR
70.2 or any subsequent amendments thereto[;] .
���� �Research and development
facility� means any facility the primary purpose of which is to conduct
research and development into new processes and products, including academic
and technological research and development, provided that such a facility is
operated under the close supervision of technically trained personnel and is
not engaged in the manufacture of products for commercial sale, except in a de
minimis manner[;
and] .
���� �Statewide greenhouse gas
emissions� means the same as the term is defined in section 3 of P.L.2007,
c.112 (C.26:2C-39).
���� �VOC� or �volatile organic
compound� means the same as that term is defined by the EPA in rules and
regulations adopted pursuant to the federal Clean Air Act at 40 CFR 51.100 or
any subsequent amendments thereto.
(cf:� P.L.1999, c.100, s.1)
���� 4.��� Section 8 of P.L.1954,
c.212 (C.26:2C-8) is amended to read as follows:
���� 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 and excess greenhouse gas emissions 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] P.L.1954,
c.212 (C.26:2C-1 et seq.).
���� 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.
���� c. No later than 18 months
after the effective date of P.L.    , c.
(C.  ) (pending
before the Legislature as this bill), the department shall adopt rules and
regulations, pursuant to the �Administrative Procedure Act,� P.L.1968, c.410
(C.52:14B-1 et seq.), which incorporate greenhouse gas emissions limits into
the department�s operating permit requirements adopted pursuant to P.L.1954,
c.212 (C.26:2C-1 et seq.) and include any other restrictions on greenhouse gas
emissions deemed by the department to be necessary for the State to meet the
requirements of section 4 of P.L.2007, c.112 (26:2C-40).
(cf:� P.L.1999, c.100, s.2)
���� 5.��� Section 9 of P.L.1954,
c.212 (C.26:2C-9) is amended to read as follows:
���� 9. a.� The department shall
conduct ambient air quality tests, on at least a monthly basis and wherever
possible in conjunction with the county college or other county facility, which
are representative of every county of the State.� The department shall report
the results of these tests to the county health officers, the Legislature, and
the news media.
���� b.��� The department shall
control air pollution and excess greenhouse gas emissions in accordance
with the provisions of any applicable code, rule, or regulation promulgated by
the department and for this purpose shall have power to:
���� (1)�� Conduct and supervise
research programs for the purpose of determining the causes, effects, and
hazards of air pollution;
���� (2)�� Conduct and supervise
Statewide programs of air pollution control education including the preparation
and distribution of information relating to air pollution control;
���� (3)�� Require the registration
of persons engaged in operations that may result in air pollution or excess
greenhouse gas emissions and the filing of reports, including but not
limited to emission statements, by them containing information relating to
location, size of outlet, height of outlet, rate and period of emission and
composition of effluent, and such other information as the department shall
prescribe to be filed relative to air pollution or excess greenhouse gas
emissions, all in accordance with applicable codes, rules, or regulations
established by the department;
���� (4)�� Enter and inspect any
building or place, except private residences, for the purpose of investigating
an actual or suspected source of air pollution or excess greenhouse gas
emissions and ascertaining compliance or noncompliance with any codes,
rules, or regulations of the department.� Any information, other than actual or
allowable air contaminant emissions or greenhouse gas emissions,
relating to secret processes or methods of manufacture or production obtained
in the course of an inspection, investigation, or determination, shall be kept
confidential and shall not be admissible in evidence in any court or in any
other proceeding except before the department.� If samples are taken for
analysis, a duplicate of the analytical report shall be furnished promptly to
the person suspected of causing air pollution or excess greenhouse gas
emissions;
���� (5)�� Receive or initiate
complaints of air pollution or excess greenhouse gas emissions, hold
hearings in connection with air pollution or greenhouse gas emissions,
and institute legal proceedings for the prevention of air pollution or
excess greenhouse gas emissions and for the recovery of penalties, in
accordance with P.L.1954, c.212 (C.26:2C-1 et seq.);
���� (6)�� With the approval of the
Governor, cooperate with, and receive funds or other assistance from, the
federal government, the State government, any interstate body, or any county or
municipal government, or from private sources, for the study and control of air
pollution or excess greenhouse gas emissions;
���� (7)�� Charge, in accordance
with a fee schedule that shall be adopted by the department pursuant to the �Administrative
Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et seq.), (a) reasonable annual
emission fees for major facilities as provided in section 5 of P.L.1995, c.188
(C.26:2C-9.5), and (b) administrative fees for any of the services the
department performs or provides in connection with administering P.L.1954,
c.212 (C.26:2C-1 et seq.).� The administrative fees charged by the department
pursuant to this subsection shall not exceed $25,000 per application based on
criteria contained in the fee schedule;
���� (8)�� Issue, renew, reopen,
and revise operating permits, and require any person who is required to obtain
an operating permit under the provisions of the federal Clean Air Act to obtain
an operating permit and to certify compliance therewith for all air pollution
sources; and
���� (9)�� Establish, implement,
and operate a small business stationary source technical and environmental
compliance assistance program as required pursuant to 42 U.S.C. 7661f of the
federal Clean Air Act.
(cf:� P.L.1995, c.188, s.3)
���� 6.��� Section 13 of P.L.1967,
c.106 (C.26:2C-9.2) is amended to read as follows:
���� 13. a.� No person shall
construct, reconstruct, install, or modify equipment or control apparatus and
then use or cause to be used that equipment or control apparatus except in
accordance with P.L.1954, c.212 (C.26:2C-1 et seq.) and the rules and regulations
adopted pursuant thereto.
���� b. �� No operating permit,
operating permit revision, or operating certificate or renewal thereof shall be
issued unless the applicant demonstrates that the equipment or control
apparatus will operate, or operates, in accordance with the provisions of
P.L.1954, c.212 (C.26:2C-1 et seq.) and the rules and regulations adopted
pursuant thereto.
���� c. �� Newly constructed,
reconstructed, or modified equipment and control apparatus shall incorporate
advances in the art of air pollution control as developed for the kind and
amount of air contaminant emitted by the applicant�s equipment and control
apparatus as provided in this subsection.
���� (1)  For equipment and control
apparatus with a potential to emit any hazardous air pollutant equal to or
greater than the de minimis levels specified by the EPA pursuant to subsection
(g) of section 112 of the federal Clean Air Act (42 U.S.C. 7412) or with a
potential to emit five tons per year or more of any other air contaminant, the
applicant shall document advances in the art of air pollution control in
accordance with the following criteria, as applicable:
���� (a) � For an air contaminant
subject to the prevention of significant deterioration technology requirement,
advances in the art of air pollution control shall be the best available
control technology (BACT) as set forth by the EPA at 40 CFR 52.21 (b)(12) or any
subsequent amendments thereto;
���� (b)  For an air contaminant
subject to a significant emissions increase of a non-attainment air contaminant
in a non-attainment area, advances in the art of air pollution control shall be
the lowest achievable emission rate (LAER) as set forth by the EPA at 40 CFR
51.165(a)(1)(xiii) or any subsequent amendments thereto;
���� (c) � For a hazardous air
pollutant technology requirement, advances in the art of air pollution control
shall be the maximum achievable control technology (MACT) as set forth at 42
U.S.C. 7412 or any subsequent amendments thereto; and
���� (d)  For other air
contaminants, advances in the art of air pollution control means up-to-date
technology and methods, reflected in equipment, control apparatus, and
procedures, that when applied to an emission source shall reasonably minimize
air contaminant emissions.� The technology shall have been demonstrated for
similar air contaminant discharge parameters to be reliable and shall be
available at reasonable cost commensurate with the reduction in air contaminant
emissions.
���� (2)  For equipment and control
apparatus with a potential to emit hazardous air pollutants at less than the de
minimis levels specified by the EPA pursuant to subsection (g) of section 112
of the federal Clean Air Act (42 U.S.C. 7412) and with a potential to emit less
than five tons per year of any other air contaminant, the applicant need not
document advances in the art of air pollution control, but shall document
compliance with:
���� (a) � reasonably available
control technology as defined in rules and regulations that shall be adopted by
the department pursuant to the �Administrative Procedure Act,� P.L.1968, c.410
(C.52:14B-1 et seq.);
���� (b)  applicable new source
performance standards; and
���� (c) � any other applicable
State or federal standard, code, rule, or regulation.
���� (3) (a)� In order to promote
greater emissions reductions than would otherwise be achieved, the department
may adopt, pursuant to the �Administrative Procedure Act,� P.L.1968, c.410
(C.52:14B-1 et seq.), rules and regulations that offer a person the option of
establishing in an operating permit a 15-year plan for reducing facility
emissions beyond minimum air pollution control requirements in lieu of adhering
to strict permit review schedules and complying with less effective State
requirements.� Such a plan shall include schedules setting forth milestones for
reducing emissions at the facility.� Milestones may be met by reducing emissions
at the facility and by providing emissions reduction credits from non-facility
sources pursuant to an emissions trading and banking program adopted pursuant
to section 8 of P.L.1995, c.188 (C.26:2C-9.8).
���� (b)  The department shall
review the achievement of the milestones in the plan no less frequently than
every five years when the operating permit is renewed.� The department may
require the person to submit, as part of the application for renewal of the
operating permit, a summary and trend of the actual air contaminant emissions
data reported in the facility�s annual emission statements for the previous
five years.� If the department determines during the approval process for an
operating permit renewal that the milestones in the plan have not been met at a
facility and that there is no reasonable likelihood that the milestones can or
will be met, the department may withdraw the opportunity for the facility to
continue pursuant to the plan and shall require instead that the facility
comply with the promulgated schedules for all applicable requirements.
���� (c) � The department shall
allow a person entering a 15-year plan the option of establishing in that
person�s operating permit reduced administrative application requirements for
de minimis modifications of equipment and control apparatus at the facility,
provided that:� any increase in allowable emissions for any individual
equipment and control apparatus is below de minimis levels defined by rule or
regulation adopted by the department pursuant to the �Administrative Procedure
Act,� P.L.1968, c.410 (C.52:14B-1 et seq.); and, as part of the five-year
achievement review set forth in subparagraph (b) of paragraph (3) of this
subsection, the person includes a demonstration that confirms no net emissions
increases have occurred at the facility over the previous five years.
���� (d)  The department shall
involve in the development of the rules and regulations for the 15-year plan
program adopted pursuant to this paragraph representatives of the affected
industry, environmental, and public interest groups as well as impacted
governmental entities.
���� (4)  Consistent with the
provisions of P.L.1991, c.422 (C.13:1D-111 et seq.), the department shall
periodically publish, with an opportunity provided for public comment,
technology, methods, and performance levels with respect to air pollution
control for use by applicants for demonstrating advances in the art of air
pollution control.
���� (a)�� The department shall,
within 18 months after the effective date of P.L.1995, c.188 (C.26:2C-9.5 et
al.), publish the first technical manual containing technology, methods, and
performance levels that can be used by applicants for demonstrating advances in
the art of air pollution control.� Public notice of the availability of each
draft technical manual shall be published in the New Jersey Register, and each
final technical manual shall consider any public comments thereon that are
received by the department.
���� (b)�� Once the department has
published a technical manual for advances in the art of air pollution pursuant
to subparagraph (a) of paragraph (4) of this subsection, any application
submitted that demonstrates compliance with that technical manual shall be considered
to incorporate advances in the art of air pollution control for the source
operations covered by the technical manual.� The department shall periodically
review and update each technical manual as necessary, after providing public
notice and opportunity for public comment.� If the department amends a
technical manual, the new standard shall apply only to applications submitted
after the final publication of the amended technical manual.
���� (c)�� Instead of relying on a
technical manual for advances in the art of air pollution control, an applicant
may propose �case-by-case� advances in the art of air pollution control
applicable to a specific source operation.� If the department determines that
the proposal is consistent with the provisions of this subsection, the proposal
shall be deemed to constitute advances in the art of air pollution control for
that specific source operation.
���� (d)�� Advances in the art of
air pollution control shall include new source performance standards adopted by
the EPA on or after the effective date of P.L.1995, c.188 (C.26:2C-9.5 et al.)
and those new source performance standards published as advances in the art of
air pollution control pursuant to P.L.1954, c.212 (C.26:2C-1 et seq.).
���� (5)�� Before an operating
permit, operating permit revision or operating certificate or any renewal
thereof is issued, or as a condition of issuance, the department may require
the applicant to conduct such tests as are necessary to determine the kind or
amount of the air contaminant emitted from the equipment or whether the
equipment or fuel or the operation of the equipment is in violation of any of
the provisions of P.L.1954, c.212 (C.26:2C-1 et seq.) or of any codes, rules,
or regulations adopted pursuant thereto.� The tests shall be made at the
expense of the applicant and shall be conducted in a manner approved by the
department, and the test results shall be reviewed and professionally
certified.
���� (6)�� Grandfathered equipment
or control apparatus shall not be subject to a demonstration of advances in the
art of air pollution control.
���� (7)  An operating permit and
operating certificate or any renewal thereof shall be valid for a period of
five years from the date of issuance, unless sooner revoked for cause by order
of the department, and may be renewed upon application to the department.
���� (8)�� Upon receipt of an
application for the issuance of an operating certificate or any renewal
thereof, the department, in its discretion, may issue a temporary operating
certificate valid for 90 days or until a five-year operating certificate has
been issued or denied.
���� d. �� The following are exempt
from the provisions of subsections a. and b. of this section:
���� (1)  One or two family
dwellings;
���� (2)  A dwelling of six or less
family units, one of which is owner occupied;
���� (3)  Equipment or control
apparatus that is subject to a general permit issued pursuant to subsection h.
of this section; and
���� (4)  Equipment and control
apparatus that is de minimis in terms of size or emissions as prescribed in
rules and regulations that shall be adopted by the department pursuant to the �Administrative
Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et seq.).
���� e. �� Except as otherwise
prohibited by the EPA pursuant to the federal Clean Air Act, any person who has
received or receives a facility-wide permit issued pursuant to the �Pollution
Prevention Act,� P.L.1991, c.235 (C.13:1D-35 et seq.) shall be deemed to
satisfy the requirement for an operating permit issued pursuant to P.L.1954,
c.212 (C.26:2C-1 et seq.).
���� f. ��� The department may
establish policies and procedures for categories of operations that specify the
procedures to be followed for obtaining any permit required pursuant to this
section.
���� g. �� Any requirement solely
related to an air contaminant regulated by the department that is not a
federally regulated air pollutant or contaminant, or to greenhouse gas
emissions, shall be identified in an operating permit as a State-only
requirement that would not be federally enforceable.
���� h. �� Notwithstanding the
provisions of any other law, rule, or regulation to the contrary, the
department may issue a general permit in lieu of any permit issued pursuant to
this section.� Prior to issuing a general permit, the department shall provide
public notice and opportunity for public comment.
���� i. ��� The department may
require the reporting and evaluation of emissions information for any air
contaminant.� However, prior to requiring that such information be included on
a permit or regulating any air contaminant not regulated by the EPA pursuant to
the federal Clean Air Act, the department shall first make a determination and
advise the public of its conclusion that regulating that air contaminant is in
the best interest of human health, welfare and the environment, and publish
that determination and justification in accordance with the provisions of the �Administrative
Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et seq.).
���� j. ��� Except as otherwise
prohibited by federal law, any person who has submitted to the department an
application for a permit to construct, reconstruct, install, or modify
equipment or control apparatus may place that equipment or control apparatus on
the footings or foundation where it is intended to be used during the pendency
of the permit application review process.� A person intending to take action
authorized pursuant to this subsection shall notify the department, via
certified mail, of the intent to undertake the action at least seven days prior
to the commencement of the action.
���� A person who constructs
equipment or control apparatus in accordance with this subsection that the
department determines is not consistent with applicable State laws, codes,
rules, or regulations shall not be subject to civil or criminal penalties for
that inconsistent action provided that the person�s actions do not result in
the emission of any air contaminants.� Any costs incurred by the applicant in
connection with such construction may not be used by the applicant as grounds
for an appeal of the department�s decision on the permit application.
���� k. �� For the purposes of
P.L.1954, c.212 (C.26:2C-1 et seq.), the use of VOCs not otherwise listed by
the EPA as hazardous air pollutants, or specified by the department pursuant to
subsection i. of this section, shall be considered as a single pollutant.� These
VOCs may be used interchangeably and such use shall not be considered new
installation or modification of equipment or control apparatus.
(cf:� P.L.1995, c.188, s.4)
���� 7.��� Section 5 of P.L.2007,
c.112 (C.26:2C-41) is amended to read as follows:
���� 5. a. No later than 18 months
after the effective date of P.L.2019, c.197, the department shall adopt,
pursuant to the �Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et
seq.), rules and regulations establishing a greenhouse gas emissions monitoring
and reporting program to monitor and report Statewide greenhouse gas emissions.
���� b.��� The rules and
regulations adopted pursuant to subsection a. of this section shall identify
all significant sources of Statewide greenhouse gas emissions including
short-lived climate pollutants, and shall provide for, but need not be limited
to, the following:
���� (1)�� monitoring and reporting
of existing emissions and changes in emissions over time from the sources
identified by the department;
���� (2)�� reporting the levels of
those emissions and changes in those emissions levels annually, commencing 18
months after the effective date of P.L.2019, c.197; and
���� (3)�� monitoring progress
toward the 2020 limit and the 2050 limit and any interim limits.
���� c.���� Pursuant to the rules
and regulations adopted pursuant to subsection a. of this section, the
department shall require reporting of the greenhouse gas emissions:
���� (1)�� associated with fossil
fuels used in the State, as reported by entities that are manufacturers and
distributors of fossil fuels, which may include, but need not be limited to,
oil refineries, oil storage facilities, natural gas pipelines, and fuel wholesale
and retail distributors;
���� (2)�� from any entity
generating electricity in the State and from any entity that generates
electricity outside the State that is delivered for end use in the State.� With
respect to electricity generated outside the State and imported into the State,
the department shall determine the emissions from that generation by
subtracting the kilowatt-hours of electricity generated in the State from the
kilowatt-hours of electricity consumed in the State, and multiplying the
difference by a default emissions rate determined by the department;
���� (3)�� from any gas public
utility as defined in section 3 of P.L.1999, c.23 (C.48:3-51); and
���� (4)�� from any additional
entities that are significant emitters of greenhouse gases, as determined by
the department, and as appropriate to enable the department to monitor
compliance with progress toward the 2020 limit and the 2050 limit.
���� d.��� No later than 18 months
after the department prepares and transmits the report as required pursuant to
subsection c. of section 6 of P.L.2007, c.112 (C.26:2C-42), the department
shall adopt, pursuant to the �Administrative Procedure Act,� P.L.1968, c.410
(C.52:14B-1 et seq.), rules and regulations establishing interim benchmarks
necessary to achieve the 2050 limit, and measures necessary to achieve the 2050
limit and the established interim benchmarks.
���� e. The department shall
adopt rules and regulations as necessary to meet the requirements of section 4
of P.L.2007, c.112 (26:2C-40), including, but not limited to, rules and
regulations that restrict the sale and use of fossil fuel types or establish limits
on greenhouse gases emitted from any stationary source.�
(cf:� P.L.2019, c.197, s.3)
���� 8.��� Section 2 of P.L.2003,
c.266 (C.26:2C-8.16) is amended to read as follows:
���� 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.
(cf:� P.L.2003, c.266, s.2)
���� 9.��� Section 3 of P.L.2003,
c.266 (C.26:2C-8.17) is amended to read as follows:
���� 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 second
phase of 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 second
phase of the California Low Emission Vehicle program in the State beginning
on January 1, 2009.
���� d.� No later than 18 months
after the effective date of P.L.    , c.    (C.  )
(pending before the Legislature as this bill), the commissioner shall adopt,
pursuant to the �Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et
seq.), rules and regulations to implement the California Low Emission Vehicle
program as that program exists on the date of enactment of
P.L.    , c.    (pending before the
Legislature as this bill), and shall periodically update the rules and
regulations to reflect any subsequent changes to the California Low Emission
Vehicle program.
(cf:� P.L.2003, c.266, s.3)
���� 10. �This act shall take
effect immediately.
STATEMENT
���� This bill would direct the Department
of Environmental Protection (DEP), within 18 months after the bill�s enactment,
to adopt rules and regulations that establish standards for greenhouse gas
emissions.� The standards would include Statewide greenhouse gas emission
standards, standards for stationary sources of greenhouse gas emissions, such
as power plants and industrial facilities, and other standards as necessary for
the State�s greenhouse gas emissions goals to be achieved.� The bill would also
codify the finding made by the United States Environmental Protection Agency in
2009 that greenhouse gas emissions endanger public health, safety, welfare, and
the environment.
���� The bill would amend the �Air
Pollution Control Act (1954),� P.L.1954, c.212 (C.26:2C-1 et seq.), and the �Global
Warming Response Act,� P.L.2007, c.112 (C.26:2C-37 et al.), to authorize the
DEP to adopt rules and regulations limiting greenhouse gas emissions.� Specifically,
the bill would expand the authority given to the DEP to regulate air pollution
in the State to also include �excess greenhouse gas emissions,� which is
defined by the bill to mean �Statewide greenhouse gas emissions which exceed
those of the limits established in section 4 of P.L.2007, c.112 (26:2C-40) or
the interim benchmarks adopted pursuant to section 5 of P.L.2007, c.112
(C.26:2C-41).�� �Greenhouse gas� is defined by the bill to mean carbon dioxide,
methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulfur
hexafluoride, and any other gas or substance determined by the DEP to be a
significant contributor to the problem of global warming.� The bill would
direct the DEP to adopt rules and regulations, no later than 18 months after
the bill�s enactment, which incorporate greenhouse gas emissions limits into
the DEP�s operating permit requirements adopted pursuant to �Air Pollution
Control Act (1954),� and include any other restrictions on greenhouse gas
emissions deemed by the DEP to be necessary for the State to meet the
requirements of the �Global Warming Response Act.�
���� In addition, the bill would amend
the �Global Warming Response Act,� to provide the DEP the authority, under that
act, to adopt rules and regulations necessary to achieve the greenhouse gas
emissions goals of that act including, but not limited to, restrictions on the
sale and use of fossil fuel types or greenhouse gas emissions limits from stationary
sources.
���� Finally, the bill would direct
the DEP to adopt rules and regulations, within 18 months after the bill�s
enactment, to implement the current low emissions vehicle program in
California.� The bill would also direct the DEP to periodically update the
rules and regulations to reflect any subsequent changes to California�s
program.