New Jersey continues on 2035 gas car ban, but relaxes manufacturer restrictions slightly

TRENTON, N.J. — New legislation introduced in New Jersey would give vehicle manufacturers an alternative pathway to meet the state’s strict zero-emission vehicle (ZEV) sales requirements under its Low Emission Vehicle (LEV) program.

Sponsored by Senator Patrick J. Diegnan, Jr. (D-18), the bill directs the Department of Environmental Protection (DEP) to establish an

Interim Alternative ZEV Compliance Program

within one year of the bill’s enactment. The program would apply to vehicle model years 2027 through 2031.

Under the bill, manufacturers that opt into the alternative program would still be required to offer New Jersey dealers a portfolio of zero-emission passenger vehicles and light-duty trucks to meet the state’s ZEV targets. However, manufacturers would only need to supply vehicles based on actual consumer orders rather than maintaining strict sales quotas or imposing mandatory purchase requirements on dealers and customers.


Protection from penalties for participating manufacturers

Manufacturers choosing to comply with the alternative program would be protected from penalties or legal actions for failing to meet the standard ZEV quotas under the existing LEV program. This includes protection from civil penalties, criminal penalties, contract debarments, and other sanctions tied to noncompliance with ZEV sales requirements during the covered model years.

The proposed changes aim to address manufacturer concerns about production capabilities and supply chain challenges while preserving New Jersey’s broader clean vehicle objectives.


Maintaining participation in California LEV standards

New Jersey has followed California’s LEV standards since 2009, under the authority granted by the federal Clean Air Act. This bill would not remove the state from the California LEV program but would create temporary flexibility for automakers navigating the transition to electric and zero-emission vehicles.

The bill takes effect immediately upon enactment.

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