Statutes, codes, and regulations
New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTIONChapter 27 - AIR POLLUTION CONTROL
Subchapter 29A - NEW JERSEY ADVANCED CLEAN CARS II PROGRAM
Section 7:27-29A.7 - Incorporation by reference

N.J. Admin. Code § 7:27-29A.7

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Current through Register Vol. 56, No. 21, November 4, 2024
Section 7:27-29A.7 - Incorporation by reference
(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."

N.J. Admin. Code § 7:27-29A.7

Adopted by 55 N.J.R. 2481(b), effective 12/18/2023