[vc_row full_width=”stretch_row” css=”.vc_custom_1634750652042{padding-top: 250px !important;background-image: url(https:\/\/deptest.nj.gov\/vw\/wp-content\/uploads\/sites\/90\/faq1-1.jpg?id=331) !important;background-position: center !important;background-repeat: no-repeat !important;background-size: cover !important;}”][vc_column][\/vc_column][\/vc_row][vc_section full_width=”stretch_row” css=”.vc_custom_1634750683433{background-color: #ffffff !important;}”][vc_row][vc_column width=”1\/2″][vc_column_text]<\/p>\n
[\/vc_column_text][vc_separator color=”blue” border_width=”3″ css=”.vc_custom_1657118472667{margin-top: -40px !important;}”][\/vc_column][vc_column width=”1\/2″][\/vc_column][\/vc_row][vc_row][vc_column][vc_tta_accordion title_tag=”h5″ section_title_tag=”h6″ style=”modern” color=”white” active_section=”1″ collapsible_all=”true”][vc_tta_section title=”1. Why is New Jersey eligible to receive funding related to the Volkswagen settlement?” tab_id=”1656508369220-3a4b0148-ce65″][vc_column_text]In 2015 and 2016, the United States Environmental Protection Agency (USEPA) and the United States Department of Justice alleged that Volkswagen, Audi and Porsche had violated the Clean Air Act by selling approximately 590,000 model year 2009 to 2016 diesel motor vehicles equipped with software designed to cheat on federal emissions tests which resulted in higher levels of Oxides of Nitrogen (NOx) than allowed.\u00a0\u00a0 NOx is a precursor to ozone, which is a significant health concern in many parts of the country including New Jersey.<\/p>\n
Volkswagen subsequently entered into a multi-billion dollar settlement with USEPA to resolve violations of federal law arising from this conduct.\u00a0 Under the terms of the federal settlement, Volkswagen will fund a mitigation trust fund, administered by a trustee, that must be used for defined eligible projects that reduce NOx.\u00a0\u00a0 All 50 states, Puerto Rico, the District of Columbia and Indian tribes are eligible to become beneficiaries of the mitigation trust fund.<\/p>\n
This federal settlement did not resolve New Jersey\u2019s claims against Volkswagen, Audi and Porsche for violations of New Jersey state law.[\/vc_column_text][\/vc_tta_section][vc_tta_section title=”2. When will New Jersey receive mitigation funds under the federal consent decree between the United States and Volkswagen?” tab_id=”1656508369220-19aed49b-7cca”][vc_column_text]Deadlines for States to act to obtain mitigation funds run from the effective date of the final Mitigation Trust Agreement between Volkswagen, the United States, and the Wilmington Trust, N.A. (as trustee). The Trust Effective Date is October 2, 2017, which is the date the agreement was ratified by the federal court overseeing the\u00a0Volkswagen multidistrict litigation<\/a>. States had until December 1, 2017 to submit a \u201cbeneficiary\u201d form\u00a0indicating that they want to participate in the mitigation trust and designating a lead agency to oversee mitigation projects in the state.\u00a0On November 21, 2017, New Jersey filed its beneficiary form with the Trustee designating NJDEP as the lead agency to oversee mitigation projects in the state. The Trustee reviewed the States\u2019 submissions for completeness and published a notice of beneficiary designations on January 29, 2018. The settlement agreement identifies nine source categories that are eligible for mitigation projects that reduce NOx emissions. These source categories are:<\/p>\n All source categories have their own specific eligibility requirements and allowable reimbursement amounts depending on the type of project.\u00a0 Government agencies are eligible for up to 100% reimbursement for all projects.<\/p>\n In addition, there is a Diesel Emission Reduction Act (DERA) option. Under DERA, the U.S. Environmental Protection Agency (USEPA) provides money to the states for diesel emissions reduction projects. This is also known as the DERA Clean Diesel State Grant. New Jersey may use its Mitigation Trust funds to provide or exceed the required non-federal cost share requirement for the DERA Clean Diesel State Grant. The benefit of using the DERA option is that some emissions reduction strategies not eligible under the Consent Decree are eligible under DERA, including retrofits and idle reduction technology. DERA also allows states to fund projects on engines manufactured in earlier model years than those specified in the Consent Decree. In addition, the maximum funding levels allowed for DERA projects also differ from some of those established in the Consent Decree. Information on the DERA Option, including a comparison of the eligible project categories under the VW Mitigation Trust and DERA can be found at\u00a0https:\/\/www.epa.gov\/dera\/volkswagen-vw-settlement-dera-option<\/a>.<\/u><\/p>\n A summary table of the eligible project categories, and reimbursement amounts can be found\u00a0here<\/a>. The full description of eligible projects, eligibility requirements, and reimbursement amounts can be found in\u00a0\u00a0Appendix D-2 of the Volkswagen Partial Consent Decree<\/a>.\u00a0 We strongly encourage anyone who is considering submitting a project idea to read the full description in Appendix D-2.[\/vc_column_text][\/vc_tta_section][vc_tta_section title=”6. Will DEP accept proposals for all nine source categories and all the mitigation strategies that are identified in the Consent Decree? Are alternative fuels other than electricity eligible for New Jersey\u2019s VW funds?” tab_id=”1656511698708-232d19ca-1e9d”][vc_column_text]Yes.\u00a0 DEP will consider proposals in all of the eligible project categories and mitigation strategies.\u00a0 While the\u00a0Beneficiary Mitigation Plan<\/a>\u00a0prioritizes electrification projects, NJDEP will consider all projects using the selection criteria described in the\u00a0Beneficiary Mitigation Plan<\/a>.[\/vc_column_text][\/vc_tta_section][vc_tta_section title=”7. Are pickup trucks, such as those used by public water agencies, public sewer agencies and public works agencies, eligible for VW funding?” tab_id=”1656511736058-2b98d101-2a9d”][vc_column_text]No.\u00a0 Pickup trucks are not eligible for VW funding because they are not considered Class 4-8 trucks.\u00a0 The full description of eligible projects can be found in\u00a0Appendix D-2 of the Volkswagen Partial Consent Decree<\/a>.\u00a0 See especially the \u201cDefinitions\/Glossary of Terms\u201d on page 11.[\/vc_column_text][\/vc_tta_section][vc_tta_section title=”8. Do Class 8 trucks have to operate at a port or railyard in order to be eligible for VW funding?” tab_id=”1656511765233-b939e624-bcb8″][vc_column_text]No. However, since one of New Jersey\u2019s primary goals for the VW settlement is to benefit disproportionately affected communities, proposals for Class 8 trucks that do not operate at ports or railyards may not rank high compared to similar proposals at ports or railyards.\u00a0 Descriptions of eligible Class 8 projects can be found in\u00a0Appendix D-2 of the Volkswagen Partial Consent Decree<\/a>\u00a0on page 2 and page 12.\u00a0 New Jersey\u2019s selection criteria for projects can be found in the\u00a0Beneficiary Mitigation Plan<\/a>.[\/vc_column_text][\/vc_tta_section][vc_tta_section title=”9. The definition of Port Cargo Handling Equipment includes terminal tractors, but many terminal tractors do not operate at ports. Does a terminal tractor have to operate at a port in order to be eligible for VW funding?” tab_id=”1656522303792-eeea1cf9-29ac”][vc_column_text]Not necessarily. However, since one of New Jersey\u2019s primary goals for the VW settlement is to benefit disproportionately affected communities, proposals for Port Cargo Handling Equipment that do not operate at ports may not rank high compared to similar proposals at ports.\u00a0 Descriptions of eligible Port Cargo Handling Equipment can be found in\u00a0Appendix D-2 of the Volkswagen Partial Consent Decree<\/a>\u00a0on page 8 and page 13.\u00a0 New Jersey\u2019s selection criteria for projects can be found in the\u00a0Beneficiary Mitigation Plan<\/a>.[\/vc_column_text][\/vc_tta_section][vc_tta_section title=”10. Are independent owner\/operators of vehicles, vessels or equipment eligible for VW funding?” tab_id=”1656522397693-19312fe7-0ea2″][vc_column_text]Yes. Independent owner\/operators are eligible.\u00a0 Corporate owners of vehicles, vessels or equipment are also eligible, as are state or local government agencies (including a school district, municipality, city, county, special district, transit district, joint powers authority, or port authority, owning fleets purchased with government funds), and a tribal government or native village.[\/vc_column_text][\/vc_tta_section][vc_tta_section title=”11. Are truck\/bus voucher programs eligible for reimbursement?” tab_id=”1656522442252-b2f47e44-5bc6″][vc_column_text]Yes, if the trucks\/buses being replaced qualify under Appendix D-2 of the Volkswagen Consent Decree.\u00a0 A voucher program incentivizes the purchase of a new vehicle or piece of equipment by providing \u00a0money directly to a vendor or as a reimbursement to the purchaser.\u00a0 Thus, a voucher program is just one of several mechanisms to provide funding to vehicle owners for vehicle replacements.[\/vc_column_text][\/vc_tta_section][vc_tta_section title=”12. Are privately-owned school buses that are under contract with a public school district eligible to be funded at the government rate (100%) or the non-government rate (25-75%)?” tab_id=”1656522479987-a8490e85-6cc2″][vc_column_text]The government rate (100%).[\/vc_column_text][\/vc_tta_section][vc_tta_section title=”13. Are privately-owned garbage trucks that are under contract with a public agency eligible to be funded at the government rate (100%) or the non-government rate (25-75%)?” tab_id=”1656522525517-13b8548d-aaa1″][vc_column_text]The non-government rate (25%-75%).[\/vc_column_text][\/vc_tta_section][vc_tta_section title=”14. Can VW funding be used for outreach and education?” tab_id=”1656522561102-ee8bdc8b-b3a1″][vc_column_text]Yes, with some limitations. Under the Consent Decree, VW funds can be used for administrative expenditures, including outreach and education, associated with implementing Eligible Mitigation Actions. For example, the Consent Decree includes educational publications, printing and publication, and professional services as eligible administrative expenditures.\u00a0 It is important to note that administrative expenditures cannot exceed 15% of the total cost of an Eligible Mitigation Action. If you would like to propose an outreach and education component to your project, we urge you to read\u00a0Appendix D-2 of the Volkswagen Partial Consent Decree<\/a>, page 11, \u201cEligible Mitigation Action Administrative Expenditures\u201d.[\/vc_column_text][\/vc_tta_section][vc_tta_section title=”15. Can VW funding be used for charging stations for electrification projects in categories 1-8 (for example, charging infrastructure for electric drayage trucks, electric buses, electric forklifts, etc.?)” tab_id=”1656522611380-992190fb-88c0″][vc_column_text]Yes.\u00a0 Charging infrastructure associated with electrification projects in categories 1-8 is an eligible expense.<\/p>\n NJDEP anticipates primarily funding pilot electrification projects, including the replacement of heavy-duty vehicles\/engines such as buses, trucks, and non-road equipment in urban areas disproportionately impacted by diesel emissions, as well as electric vehicle charging\/fueling infrastructure installation in strategic locations across the state.[\/vc_column_text][\/vc_tta_section][vc_tta_section title=”16. Would a charging station for electric bicycles be eligible for VW funding?” tab_id=”1656522654049-5750f47a-4095″][vc_column_text]Yes, a charging station that is configured to charge electric bikes would be eligible for VW funding, as long as the primary purpose of the charging station is to charge electric cars or trucks.[\/vc_column_text][\/vc_tta_section][vc_tta_section title=”17. How will VW funds be used to incentivize light duty electric vehicle charging stations?” tab_id=”1656522701233-501ab04d-8f7e”][vc_column_text]With the first round of funding, DEP will incentivize Level 1 and Level 2 charging stations in workplaces, public places, and multi-family housing through\u00a0It Pay$ to Plug In \u2013 New Jersey\u2019s Electric Vehicle Charging Grants Program<\/a><\/em>.\u00a0 Projects will be funded on a first-come, first-served basis. DEP will also fund 150kW DC Fast Chargers located on corridors.[\/vc_column_text][\/vc_tta_section][vc_tta_section title=”18. How can I submit a project idea?” tab_id=”1656522736258-fab8a3db-8535″][vc_column_text]To submit a project idea for consideration, complete the\u00a0Project Proposal Form<\/a>\u00a0and send to\u00a0vwcomments@deptest.nj.gov<\/a>. Affected 2.0 liter diesel vehicle models and model years:<\/p>\n Affected 3.0 liter diesel vehicle models and model years:<\/p>\n [\/vc_column_text][\/vc_tta_section][vc_tta_section title=”25. I bought or leased one of the affected Volkswagen vehicles. What should I do?” tab_id=”1656523250157-7e4ceffd-e270″][vc_column_text]Under the settlement, Volkswagen must offer every owner and lessee of an affected diesel vehicle the option of a buyback or lease termination. Additionally, VW must offer owners and lessees the option of an emissions modification in accordance with certain performance and design requirements.\u00a0 Visit Volkswagen\/Audi\/Porsche Diesel Emissions Settlement Program<\/a> for extensive information on the settlement and buyback\/modification program. You can also look up current TDI diesel emissions modification status<\/a>.[\/vc_column_text][\/vc_tta_section][vc_tta_section title=”26. Who is Electrify America and what is their role in the settlement?” tab_id=”1656523296907-3f0a1875-bbe5″][vc_column_text]The Consent Decree requires Volkswagen to invest $2 billion over 10 years to support increased use of zero emission vehicle technology via charging infrastructure and education. Investments will occur in four, 30-month cycles.\u00a0 Volkswagen established a subsidiary called Electrify America to implement this spending.\u00a0 This investment requirement is separate and distinct from the nearly $3 billion that Volkswagen must pay into a Mitigation Trust which will then be allocated to states, tribes and territories for NOx mitigation projects.\u00a0 Learn more from Electrify America<\/a>.[\/vc_column_text][\/vc_tta_section][vc_tta_section title=”27. Where can I find additional information about the violations and the settlement?” tab_id=”1656523347132-999e3920-bda7″][vc_column_text]More information about the violations and the settlement can be found at: [vc_row full_width=”stretch_row” css=”.vc_custom_1634750652042{padding-top: 250px !important;background-image: url(https:\/\/deptest.nj.gov\/vw\/wp-content\/uploads\/sites\/90\/faq1-1.jpg?id=331) !important;background-position: center !important;background-repeat: no-repeat !important;background-size: cover !important;}”][vc_column][\/vc_column][\/vc_row][vc_section full_width=”stretch_row” css=”.vc_custom_1634750683433{background-color: #ffffff !important;}”][vc_row][vc_column width=”1\/2″][vc_column_text] Frequently Asked Questions About the Federal VW Settlement and New Jersey [\/vc_column_text][vc_separator color=”blue” border_width=”3″ css=”.vc_custom_1657118472667{margin-top: -40px !important;}”][\/vc_column][vc_column width=”1\/2″][\/vc_column][\/vc_row][vc_row][vc_column][vc_tta_accordion title_tag=”h5″ section_title_tag=”h6″ style=”modern” color=”white” active_section=”1″ collapsible_all=”true”][vc_tta_section title=”1. Why is New Jersey eligible to receive funding related to the Volkswagen […]<\/p>\n","protected":false},"author":123,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"fullwidth.php","meta":{"footnotes":""},"class_list":["post-127","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/deptest.nj.gov\/vw\/wp-json\/wp\/v2\/pages\/127","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/deptest.nj.gov\/vw\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/deptest.nj.gov\/vw\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/deptest.nj.gov\/vw\/wp-json\/wp\/v2\/users\/123"}],"replies":[{"embeddable":true,"href":"https:\/\/deptest.nj.gov\/vw\/wp-json\/wp\/v2\/comments?post=127"}],"version-history":[{"count":0,"href":"https:\/\/deptest.nj.gov\/vw\/wp-json\/wp\/v2\/pages\/127\/revisions"}],"wp:attachment":[{"href":"https:\/\/deptest.nj.gov\/vw\/wp-json\/wp\/v2\/media?parent=127"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
\nStates must submit a \u201cBeneficiary Mitigation Plan<\/a>\u201d (BMP) to the Trustee\u00a030 days prior to requesting funding<\/u>\u00a0for a particular project; there is no hard deadline for the plan submission, but it must be submitted before any funds will be released. \u00a0\u00a0The\u00a0Beneficiary Mitigation Plan<\/a>\u00a0is a high level vision for spending the money and must include:\u00a0 overall goal for use of the funds; categories of projects anticipated to be funded; description of how areas that bear of disproportionate share of air pollution will be considered; and an estimate of the expected range of emission benefits.\u00a0 The Mitigation Plan is\u00a0not<\/u>\u00a0used to request funding for specific projects; a separate \u201cfunding request form\u201d is used to request disbursements from the Trustee for specific projects.[\/vc_column_text][\/vc_tta_section][vc_tta_section title=”3. What is the timeline for New Jersey to spend the mitigation funds?” tab_id=”1656508553994-c8f82495-4402″][vc_column_text]New Jersey must spend the mitigation funds ten years from the Trust Effective Date. The Effective Date was in 2017, which allows for the funds to be spent until 2027.[\/vc_column_text][\/vc_tta_section][vc_tta_section title=”4. How much mitigation funding is New Jersey eligible to receive and how was that amount calculated?” tab_id=”1656508594751-b0472a68-d055″][vc_column_text]Under the federal settlement, approximately $3 billion in NOx mitigation funds are to be allocated roughly in proportion to the number of affected vehicles registered in each jurisdiction.\u00a0 New Jersey\u2019s allocation under the federal settlement is $72.2 million.[\/vc_column_text][\/vc_tta_section][vc_tta_section title=”5. What kinds of projects are eligible for mitigation funding?” tab_id=”1656511652671-9b2e2902-cc13″][vc_column_text]Consistent with Governor Murphy\u2019s commitment to achieving 100% clean energy by 2050 and the State\u2019s commitment to wide-scale deployment of electric vehicles, New Jersey\u2019s goals for the Mitigation Plan are to reduce NOx, benefit disproportionately impacted communities, and support the expansion of zero emission vehicle adoption across the state. Consequently, NJDEP is particularly interested in pilot projects that enable residents of disproportionately impacted communities to access electric modes of transportation including electric transit buses.<\/p>\n\n
\nPlease use a separate Project Solicitation Form for each proposed project.[\/vc_column_text][\/vc_tta_section][vc_tta_section title=”19. Is DEP still accepting project proposals?” tab_id=”1656522907879-000b3c2d-980e”][vc_column_text]The proposal deadline has passed, but we anticipate additional solicitations under RGGI. Please sign up for the RGGI\u00a0email list<\/a>, for up to date announcements and information.[\/vc_column_text][\/vc_tta_section][vc_tta_section title=”20. Can I revise and resubmit my project proposal?” tab_id=”1656522949493-6fbdb50d-9f2a”][vc_column_text]Yes, but please note that you are submitting a revision as opposed to a brand new proposal.[\/vc_column_text][\/vc_tta_section][vc_tta_section title=”21. Is there a limit to the number of proposals submitted by an applicant?” tab_id=”1656523008212-8c6ae3a3-3771″][vc_column_text]No.\u00a0 Multiple proposals should provide priority rankings.[\/vc_column_text][\/vc_tta_section][vc_tta_section title=”22. What happens after DEP evaluates the proposals that have been submitted?” tab_id=”1656523052695-1604bdf5-d263″][vc_column_text]DEP will evaluate the proposals against the selection criteria outlined in the\u00a0Beneficiary Mitigation Plan<\/a>\u00a0and will select projects for the first phase of funding.\u00a0 DEP will then notify the project partners, request additional information needed for DEP to request funding from the Trustee, and begin executing grant agreements with the project partners.\u00a0 Once DEP submits a request to the Trustee, the Trustee has up to sixty days to review the requests and then another 15 days to disburse funding into New Jersey\u2019s account.\u00a0 When the Trustee has disbursed the funding to DEP, and the grant agreement has been executed, DEP will notify the project partner that the project can begin.[\/vc_column_text][\/vc_tta_section][vc_tta_section title=”23. How can I be notified about developments in New Jersey\u2019s plans to spend the mitigation funding?” tab_id=”1656523120351-36e68ed0-5fae”][vc_column_text]Join our e-mail list to get periodic updates<\/a>.[\/vc_column_text][\/vc_tta_section][vc_tta_section title=”24. Which Volkswagen vehicles are affected?” tab_id=”1656523186019-36872afb-d0a3″][vc_column_text]The following vehicles are affected by the settlement:<\/p>\n\n
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\nEPA’s Volkswagen Information<\/a>
\nEPA’s Volkswagen Frequently Asked Questions<\/a>
\nAmended Consent Decrees<\/a>[\/vc_column_text][\/vc_tta_section][\/vc_tta_accordion][\/vc_column][\/vc_row][vc_row][vc_column][vc_text_separator title=”” i_icon_fontawesome=”fas fa-car-alt” color=”blue” border_width=”2″ add_icon=”true”][\/vc_column][\/vc_row][\/vc_section]<\/p>\n","protected":false},"excerpt":{"rendered":"