Amy Goldsmith, NJ State Director Summary of Remarks Regarding NJDEP’s Proposed Advanced Truck Rule

May 20, 2021

The follow is a summary of the main points made by Amy Goldsmith, NJ State Director of Clean Water Action while testifying virtually before the NJ Department of Environmental Protection (NJDEP) regarding its proposed Advance Clean Truck (ACT) rule which is modelled after the California rule. More detailed comments may be submitted individually or jointly with allied organizations prior to the end of the public comment period on June 18^th, 2021.

The ACT Rule is a necessary first step in protecting port and freight adjacent communities from the health harms associated with PM2.5, Black Carbon, and NOx in communities. According to a MJ Bradley report medium and heavy duty trucks are a greater source of these emissions around Port Newark-Elizabeth than all passenger vehicles combined. Most port trucks do short distance hauls so the localized public health and environmental benefits and improvements are significant.

The ACT Rule will work. Zero-emission long haul trucks already have lower total cost of ownership than diesel, with an estimated 3-year payback period and $200,000 in savings over the vehicle’s lifetime [Lawrence Berkeley report]. Driving up demand for electric (EV) trucks and infrastructure results in more innovation and lowers future costs. Important that the rule not be so rigid or time locked that the state cannot accelerate the transition to 100% electric faster than originally thought.

But the NJDEP must do a lot more and faster to protect NJ communities already overburdened by freight and goods movement, and attain the 45% reduction of climate gases by 2030 as deemed to be an essential goal by the IPCC.

Ramped up EV truck sales quotas and credits per ACT still leaves diesel trucks on the road for decades. Under the proposed ACT Rule, only 15% of NJ’s trucks will be zero-emission by 2035 since existing diesel trucks are not being forced to retire/be scrapped. We must do more and faster including adoption and active enforcement of:

• • Targeted and mandated zero emission zones, corridors and warehouses where only electric trucks are allowed. This policy would be essential especially for already overburdened communities. Might consider a binding resolution similar to what California Air Resources Board (CARB) did.
  • Policies that mandate the prioritization of emissions reductions at a faster pace in port and freight-adjacent communities, in this case related to trucks and goods movement.

Omnibus Low-NOx Rule (lowers emissions from new diesel trucks)

• Advanced Clean Fleets Rule (requires fleet turnover to zero-emissions, could focus on drayage trucks first)
• Cargo Handling Equipment Rules
• Harbor Craft Rules
• Warehouse Specific Rules (e.g. CA South Coast Warehouse ISR or Community Benefit Agreement models adopted in Inland Warehouse area, CA)
• Create mechanisms to encourage more private investment in electric truck fleets where the driver is an employee not an independent contractor. Corporations typically have truck maintenance and turnover plans, more access to capital and at lower interest rates making the purchase of electric truck fleets more affordable than by individual owner/operators. This way you get more electric trucks on the road faster as well as shift the economics of electrification off of the low income (typically $28-35,000 annual income) drivers’ backs.
• Coordinated policies with other agencies (EDA, DOT, BPU etc.) under Office of Climate Action and other venues where appropriate.

NJDEP must improve the proposed fleet reporting rule

• Current 50-truck fleet threshold would only cover 33% of the trucks operating at Port Authority NY/NJ ports. DEP should lower threshold to 5 trucks to capture the majority (92%) of trucks.
• DEP should ask for more detailed information about brokers and contract truckers to better understand this business practice
• Require annual reporting and limit confidentiality to ensure that the public and agency have the most up-to-date information. In this way you can determine progress and gaps in real time.

Electric vehicle infrastructure and charging must be from 100% renewable energy

The primary goal of state policy must be on mandatory emissions reductions particularly in overburdened People of Color (POC) communities. We cannot allow electrification to be powered by fossil fuel plants (current or proposed) which are almost universally located in POC communities. This would perpetuate the disparate burdens and harms to these communities. Electrification and charging stations must be powered by 100% renewable energy.

ACT and TCI are not perfect together

To date, the State of New Jersey has decided not to join the multi-state Transportation Climate Initiative (TCI). Clean Water Action applauds NJ for taking this stand.

•  ACT should never be considered a complimentary policy and/or justification for NJ entering the Transportation Climate Initiative (TCI). ACT’s benefits stand on their own.
• Clean Water Action continues to oppose TCI in New Jersey.
• We will continue to actively work for mandatory emission reductions in EJ communities instead which the proposed ACT rule could play an important role in achieving; but is not the only policy necessary nor a guarantee of success on its own as mentioned above.