OFFICIAL SITE OF THE STATE OF NEW JERSEYAdvanced Clean Trucks (ACT) Rule
In December of 2021, New Jersey adopted the Advanced Clean Trucks (ACT) Rule based on California regulations of the same name. This regulation is intended to accelerate a large-scale transition to zero-emission medium and heavy duty vehicles. Manufacturers are required to sell zero-emission trucks as an increasing percentage of their annual sale from 2025-2035. This requirement is met through a series of credits and deficits. For specifics on this adoption and the adopted rule language, see N.J.A.C. 7:27-31.
Advanced Clean Trucks Regulation Frequently Asked Questions (NESCAUM)
For more information regarding the impact of Advanced Clean Trucks on truck availability, please see California Air Resources Board Truck Availability Analysis Memo.
Summary of ACT regulations
The following is a summary of the main issues concerning New Jersey’s Advanced Clean Truck (ACT) program. For the complete regulations, please refer to N.J.A.C. 7:27-31 for the ACT program and N.J.A.C. 7:27A-3.10(m)31. for penalties related to the ACT program.
Updated October 30, 2024
Applicability and effective date?
The ACT program applies to any manufacturer that produces on-road vehicles over 8,500 pounds GVWR manufactured in model year 2025 and subsequent model years for sale in New Jersey on or after January 1, 2025.
What does model year refer to?
The regulated model year of heavy-duty vehicles usually refers to the engine or emissions-certified powertrain. In some cases, usually lighter weight classes, it may mean the complete vehicle.
How do the requirements differ from the California ACT program?
In order to preserve identicality with California vehicle standards in accordance with the federal Clean Air Act, New Jersey has incorporated California regulations by reference, including all new amendments. For full details of the California ACT program and the credit and deficit requirements, please refer to 13 CCR 1963 through 1963.5. There are a few substitutions of terms to make the regulations applicable in New Jersey.
The major implementation differences between the California program and the New Jersey program are:
- New Jersey starts with model year 2025 instead of 2024; and
- New Jersey allows early credit generation with model year 2022 instead of 2021.
Are there any exemptions?
To maintain identicality with California regulations, New Jersey exempts emergency vehicles, pursuant to California’s Vehicle Code Sec. 27156.2 and -.3, and military tactical vehicles, pursuant to 13 CCR 1905. Please refer to the referenced California regulations for detailed definitions of those vehicles.
Are there any exceptions for vehicles not exempt but used for emergencies (like snow plows and tow trucks)?
No. Only true emergency vehicles as defined by California Vehicle Code are exempt. However, the rules do not require 100% ZEV sales in any weight class. There is no requirement that any snow plows or tow trucks need to be ZEVs. Use cases that are difficult to electrify can continue to use diesel engines without needing any special exemption.
Do vehicle dealers have any responsibility under ACT?
No. The ACT program regulates vehicle manufacturers. Dealers have no compliance obligations beyond what a manufacturer may require of them. New Jersey does not directly require dealers to sell ZEVs.
Can a New Jersey Dealer sell a heavy-duty ZEV to an out-of-state purchaser?
Yes. As long as a manufacturer originally delivered a heavy-duty ZEV to a New Jersey dealer for sale with the intent to sell it in New Jersey, the manufacturer would still earn credit for that ZEV even if the dealer eventually sold it to someone out-of-state. If the ZEV was built on order for an out-of-state purchaser but delivered through a New Jersey dealer, this may not qualify for credit.
Will the manufacturer get credit for out-of-state sales into New Jersey?
As long as the vehicle was ordered and designated for a New Jersey customer, then the manufacturer may report it as a New Jersey sale and get ZEV credit. Manufacturers are not required to report out-of-state sales for vehicles not designated for New Jersey.
Do heavy-duty fleets or vehicle owners or operators have any responsibility under ACT?
No. The ACT program regulates vehicle manufacturers. The ACT program does not impose any purchase requirements on persons buying new or used heavy-duty vehicles.
Can I purchase a heavy-duty vehicle outside of New Jersey?
Yes. The ACT program does not regulate where you purchase heavy-duty vehicles or what types of heavy-duty vehicles you purchase.
Do the rules require dealers to sell a certain number or ratio of ZEVs versus diesel trucks?
No, the rules have no such requirement. Some manufacturers have chosen this method to comply with the requirement that they deliver ZEVs for sale. The CARB rules New Jersey has adopted allow for a range of compliance flexibilities, such as: banking credits for future use; early credit generation; moving credits between weight classes; weight class credit modifiers; a 3-year compliance window; buying, selling and transferring credits between manufacturers; and the future possibility of pooling credits across other ACT states.
Is it legal for an OEM to label an MSO “not for sale in NJ?”
Yes. New Jersey does not directly control the content and printing of Manufacturer Statement of Origin (MSO) documents. While we have had some discussions with manufacturers on how to make their documents clearer, we do not regulate it.
Are used vehicles affected?
No. The ACT program only applies to manufacturers of new heavy-duty vehicles.
How is compliance determined in terms of vehicles delivered versus sold and registered?
Manufacturers may meet their compliance obligation by producing and delivering heavy-duty ZEVs for sale in New Jersey. California’s original regulations require ZEVs to be placed in service in the state. However, California has committed to amend that provision to only require ZEVs be produced and delivered for sale.
Enforcement and penalties
The ACT program only regulates vehicle manufacturers. Dealers, fleets, owners or operators are not subject to penalties. The Department is authorized to issue civil administrative penalties. The detailed penalty table is available at N.J.A.C. 7:27A-3.10(m)31. There are minor penalties for failing to report or to make records available. There are non-minor penalties for improperly claiming credit for a ZEV not sold in New Jersey, or for failing to meet the compliance determination. The minor penalties range from $500 to $7,500 depending on the frequency of the offense. The non-minor penalties likewise range from $2,500 to $30,000.
Presentations
The Department conducted a series of webinars on September 23rd, 24th, and 25th, 2024 to clarify implementation of the new heavy-duty regulations. The following presentations are provided should you wish to review them or seek additional information.
DEP ACT and Omnibus Presentation Recording
DEP ACT and Omnibus Presentation September 2024
NJ's Medium- and Heavy-Duty Electrification Efforts September 2024
Fleet Reporting Under ACT
Simultaneously, a Fleet Reporting Requirement was adopted with specifics in the rule language, see N.J.A.C. 7:27-33. This reporting is required by April 1, 2023 and applies to all public fleets in New Jersey with at least one vehicle over 8,500 pounds GVWR and private fleets with at least fifty (50) vehicles or have revenue over $50 million and have at least one vehicle over 8,500 pounds. Exceptions include military tactical vehicles, emergency vehicles, and vehicles awaiting sale.
Fleets meeting these requirements in 2022 are required to submit a report. All the information gathered will assist the Department in determining the best way forward when it comes to electrifying the medium and heavy-duty vehicle fleet in New Jersey. Without good data, it will be much more difficult to prioritize vehicle types and industry segments where electric vehicles can be deployed first versus those where such a move will not be possible for many more years to come.
After reviewing this guidance information, if you still have questions, please email stopthesoot@njdepwptest.net with subject line “ACT Reporting.”
Fleet Reporting Data Summary
NJ ACT Reporting Guidance 1.0
NJ ACT Reporting Spreadsheet
This is a one-time reporting requirement. So long as you submitted your report in 2023, no additional reporting is required.