Defend Clean Trucks Coalition Memo to NJ Legislature

Memorandum

TO: New Jersey State Legislature

FROM: Defend Clean Trucks Coalition

DATE: March 31, 2025

SUBJECT: Preserving Advanced Clean Trucks (ACT) and Protecting State Authority

Summary: The Advanced Clean Trucks (ACT) policy, which prepares our state for the gradual transition to zero-emission medium- and heavy-duty (MHD) vehicles, is essential to advancing our climate goals and improving air quality. Diesel MHD vehicles contribute a disproportionate amount of New Jersey’s greenhouse gas emissions and air toxics, which exacerbate public health and safety harms. New Jersey’s ACT policy and state authority are under attack as part of a national coordinated disinformation campaign. We implore legislators to preserve the ACT policy as scheduled, resist efforts to diminish state authority and protect New Jersey residents from harmful diesel pollution. We have provided additional information in an attached fact sheet.

The Advanced Clean Trucks (ACT) policy is one of New Jersey’s strongest tools for achieving the state’s clean air and climate goals while simultaneously realizing billions of dollars in economic, environmental, and public health benefits. The ACT standard will accelerate the medium- and heavy-duty (MHD) zero-emission vehicle (ZEV) market by setting requirements for manufacturers to sell an increasing percentage of clean vehicles gradually over time. Preserving New Jersey’s ACT policy implementation as scheduled also demonstrates our state’s commitment to protect 60+ year-old state authority under the federal Clean Air Act to regulate mobile source emissions, which is under severe threat. We cannot afford to stand idly by while the federal government prepares to scrap minimal baseline protections against carcinogenic diesel exhaust.

At 38%, the transportation sector is the state’s largest source of greenhouse gas (GHG) emissions. While the MHD sector makes up about 4% of the state’s on-road vehicles, it is responsible for a quarter of the greenhouse gas emissions from transportation. The diesel pollution emitted from these vehicles has been proven to worsen asthma, lung disease, and cancer, leading to premature deaths that are avoidable. People of color and low-income communities experience disproportionately high exposure to this pollution based on their proximity to warehouses, ports, and transportation hubs. New Jersey is the country’s most highway-dense state and second-worst state for cancer risk from diesel soot. One in three New Jerseyans currently reside within a half-mile of a mega-warehouse. These public health impacts in the state have resulted in more than 330 premature deaths, 19,900 lost days of work, and approximately $3.75 billion annually in health damages. Even a two-year delay of the ACT policy in New Jersey until model year 2027 would cause up to 24 premature deaths linked to air pollution and up to $372.9 million in public health damages.

Despite the importance of the ACT, engine manufacturers across New Jersey and the country have used a coordinated disinformation strategy to sabotage the transition to cleaner vehicles. Manufacturers are falsely claiming that the policy requires truck dealers to buy ZEV trucks before they can purchase diesel trucks in an attempt to stoke anger among dealers and turn them against the policy. Manufacturers’ practice of imposing their own ZEV sales ratios is worsened still by their shady pricing strategies. A recent CARB assessment found that manufacturers are selling ZEV trucks in North America at significantly higher prices than in Europe (despite falling battery costs in both markets), suggesting that they may be colluding to artificially inflate vehicle prices across the country. Since manufacturers cannot directly lobby against ACT under the terms of a legal agreement they signed with regulators in 2023 (the Clean Truck Partnership), they are now deliberately creating a false shortage and crisis to manipulate dealers and fleet operators to do their bidding. The supplemental fact sheet attached will dispel the common myths argued by engine manufacturers, revealing their weaponization of dealers and fleet operators and demonstrating the policy’s feasibility.

Still, New Jersey continues to push forth in climate leadership with ongoing and emerging efforts to provide incentives for the purchase of clean electric trucks and the installation of charging infrastructure. In his Budget Address on February 25th, Governor Murphy highlighted the $135 million investment in February alone that would make it easier for businesses and local governments to expand their electric vehicle fleets. The funding the Governor referenced stems from more than $100 million from the NJEDA, with $75 million for electric truck vouchers from $15,000 for delivery vans (Class 2b) to up to $175,000 for semi-trucks (Class 8). This is in addition to $25 million in low-interest loans to small and medium businesses adopting clean trucks and $35 million in grants from NJDEP for local governments that are electrifying their fleets. The move will also help create good-paying job opportunities for New Jerseyans. The NJ Board of Public Utilities also continues to move forward with charging infrastructure utility filings to support MHD ZEVs. In fact, three state utilities just submitted filings for the MHD charging infrastructure program by the February 27 deadline.

We implore you to reject S3817, A4967, and any further attempts to delay and undermine the ACT policy. The coordinated attack on the ACT policy is a direct attack on state authority.

Contrary to manufacturers’ claim that the ACT timeline is infeasible, NJDEP data demonstrates that New Jersey has already nearly met our 2025 requirements under the ACT program with more than 5,400 electric trucks on the road and more than 500 private truck depot chargers for medium- and heavy-duty vehicles funded by NJDEP. Even before the end of 2024, NJDEP and NJEDA funding provided incentives for more than 150 semi-electric trucks (Class 7-8) that were delivered or will be delivered in 2025, with slightly over 100 trucks needed this year.

If New Jerseyans give in to industry and Big Oil’s tactics and preemptively strike down this critical regulation just as four other states proceed as planned with implementation this year, we will signal to the Trump Administration that our state is prepared to relinquish its authority under the Clean Air Act to ever again regulate pollution from mobile sources. New Jersey must stand strong amidst the Trump Administration’s attempts and threats to roll back life- and cost-saving policies and revoke state waivers. New Jerseyans can resist these efforts to curtail our state’s rights by simply staying the course on the ACT policy.

 

Respectfully,

 

Winn Khuong

Executive Director

Action Together New Jersey

 

Jennifer S. Higgins

President

AFT New Jersey

 

John Reichman

Environmental Chair

BlueWaveNJ

 

George Koutsouradis

Sales Manager

Bryan Electric Inc.

 

Susan Dorwad

Principal

Carbon Manager LLC

 

Tolani Taylor

Zero Emissions & Warehouse Organizer

Clean Water Action

 

Anita Edward

Administrative Assistant

Clinicians For Climate Action NJ

 

Kelli Koontz-Wilson

Coalition Coordinator

Coalition for Healthy Ports

 

Casandia Bellevue

Senior Associate Attorney

Community Partnerships Program, Earthjustice

 

Sally Malanga

CEO

Ecco Bella

 

Kristine Waldren

VP Corporate Affairs

ECOS

 

Doug O’Malley

Director

Environment New Jersey

 

Justin Balik

VP, States

Evergreen Action

 

Adam Gordon

Executive Director

Fair Share Housing Center

 

Ben Haygood

Director of Policy

Isles, Inc.

 

Drew Tompkins

Director

Jersey Renews

 

Garrett O’Connor

Director of Worker Organizing and Policy

Make the Road NJ

 

Richard Smith

President

NAACP New Jersey State Conference

 

Guillermo Ortiz

Senior Clean Vehicles Advocate

Natural Resources Defense Council

 

Maura Collinsgru

Director of Policy & Advocacy

New Jersey Citizen Action

 

Alison Mitchell

Executive Director

New Jersey Conservation Foundation

 

Melissa Miles

Executive Director

New Jersey Environmental Justice Alliance

 

Zeke Weston

Policy Coordinator

New Jersey Future

 

Ed Potosnak

Executive Director

New Jersey League of Conservation Voters

 

Nicole Rodriguez

President

New Jersey Policy Perspective

 

Marcus Sibley

Chair

New Jersey Progressive Equitable Energy Coalition (NJPEEC)

 

Judith Schmidt

CEO

New Jersey State Nurses Association

 

Richard Lawton

Executive Director

New Jersey Sustainable Business Council

 

Doug O’Malley

Senior Advisor

NJ Public Interest Research Group

 

Anjuli Ramos-Busot

Director

NJ Sierra Club

 

Deb Coyle

Executive Director

NJ Work Environment Council

 

Antoinette Miles

Executive Director

NJ Working Families Party

 

Racquel Romans-Henry

Director of Policy

Salvation and Social Justice

 

Cynthia Korman

Owner

Strategic System Solutions

 

Jaqi Cohen

Director of Climate and Equity Policy

Tri-State Transportation Campaign

 

Athena Motavvef

Senior Washington Representative

Union of Concerned Scientists

 

Elowyn Corby

Mid-Atlantic Regional Director

Vote Solar Action Fund

 

Rachel Dawn Davis

Public Policy & Justice Organizer

Waterspirit

 

Diana Mejia

General Coordinator

Wind of the Spirit, Immigrant Resource Center

 

Gail Friedberg

CEO

Zago Manufacturing Company, Inc.

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