N.J. Admin. Code § 7:27-31.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:27-31.4 - Incorporation by reference

(a) Unless specifically excluded by this subchapter, when a provision of the CCR is incorporated by reference, all notes, comments, appendices, diagrams, tables, forms, figures, publications, and cross references are also incorporated by reference.

(b) Supplements, amendments, and any other changes including, without limitation, repeals or stays that affect the meaning or operational status of a California rule incorporated by reference, brought about by either judicial or administrative action and adopted or otherwise noticed by the State of California, shall be paralleled by a similar change to the New Jersey rule, so that the New Jersey rule will have the same meaning and status as its California counterpart. To satisfy the identicality requirement of the Clean Air Act, at 42 U.S.C. § 7507, all new California regulations related to sales requirements for manufacturers of on-road ZEVs and NZEVs over 8,500 pounds GVWR manufactured after model year 2025 are also incorporated into this subchapter by this automatic process.

(c) In the event that there are inconsistencies or duplications in the requirements of the provisions incorporated by reference from the CCR and the rules set forth in this subchapter, the provisions incorporated by reference from the CCR shall prevail.

(d) Nothing in the provisions incorporated by reference from the CCR shall affect the Department's authority to enforce statutes, rules, and permits, or any orders administered or issued by the Commissioner.

(e) On or after ( December 31, 2021, or the operative date of California's regulations, whichever is later), new California rules, amendments, supplements, and other changes, brought about through administrative or judicial action, automatically incorporated through the prospective incorporation by reference process, shall be effective upon publication in the California Regulatory Notice Register and operative on the operative date cited by California in the relevant California Regulatory Notice Register notice, unless the Department publishes a notice of proposal repealing the adoption in New Jersey of the California regulation in whole or in part, and/or proposing to otherwise amend the affected New Jersey rules.

(f) The following provisions of the CCR are incorporated by reference within this subchapter, except as provided at (g), (h), (i), and (j) below:

Table 1
Provisions Incorporated by Reference
California Code of Regulations (CCR)
Title 13
Chapter 1
Motor Vehicle Pollution Control Devices
Article 1
General Provisions
Section 1905	Exclusion and Exemption of Military Tactical Vehicles
Article 2
Approval of Motor Vehicle Pollution Control Devices (New Vehicles)
Section 1963	Advanced Clean Trucks Purpose, Applicability, Definitions, and General Requirements
Section 1963.1	Advanced Clean Trucks Deficits
Section 1963.2	Advanced Clean Trucks Credit Generation, Banking, and Trading
Section 1963.3	Advanced Clean Trucks Compliance Determination
Section 1963.4	Advanced Clean Trucks Reporting and Recordkeeping
Section 1963.5	Advanced Clean Trucks Enforcement
Provisions Incorporated by Reference
California Vehicle Code
Division 12
Equipment of Vehicles
Chapter 5
Other Equipment
Article 2
Exhaust Systems
Section 27156.2
Section 27156.3

(g) In all provisions of CCR Title 13 incorporated by reference, replace "California" with "New Jersey," except at 13 CCR 1963(c)(11), (12), and (13) and 13 CCR 1963(e) and, wherein the terms "excluded bus," "executive officer," and "gross vehicle weight rating" or "GVWR" are defined.

(h) In all provisions of CCR Title 13 incorporated by reference, replace "Executive officer" and "CARB" with "Department," except at Section 1963(c) Definitions.

(i) At 13 CCR Title 1963.5(4) incorporated by reference, replace "Health and Safety Code section 43212" with "N.J.A.C. 7:27A-3."

(j) In all provisions of CCR Title 13 incorporated by reference, replace the year "2021" with the year "2022," except at 13 CCR § 1963.2(g).

N.J. Admin. Code § 7:27-31.4

Adopted by 53 N.J.R. 2148(a), effective 12/20/2021

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