NJ SCR106

Declares the Department of Environmental Protection's "NJPACT-REAL" climate change rules, adopted January 20, 2026 (58 N.J.R. 247(a)), to be inconsistent with legislative intent under the state constitution's administrative rule review authority

Argues DEP exceeded its constitutional authority by adopting major climate regulations without explicit legislative authorization, noting the Legislature specifically removed rulemaking authority from the "Global Warming Response Act" during its passage

Contends the rules will harm property owners by expanding Flood Hazard Areas, limiting development rights, devaluing property, and imposing costly regulations on "substantial improvements" (renovations valued at 50% or more of property value)

Criticizes the rules' economic impact statements as inadequate and warns the regulations will increase housing costs by restricting development across large areas of the state

Gives DEP 30 days after transmittal to amend or withdraw the rules, or the Legislature may pass a subsequent resolution to invalidate the regulations in whole or in part