New Jersey-2024-A5072-Introduced

An Act requiring certain green building initiatives in the construction and renovation of affordable housing and supplementing P.L.1985, c.222 (C.52:27D-301 et al.).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. For the purpose of this section, an "applicable project" means: (1) a newly constructed development intended to be an inclusionary development, as defined in subsection f. of section 4 of P.L.1985, c.222 (C.52:27D-304); or (2) an existing affordable housing unit undergoing substantial gut renovation or remodeling.

b. An applicable project shall be built to, at minimum, the currently applicable version of the United States Environmental Protection Agency's Energy Star Residential New Construction Program, as incentivized by the New Jersey Board of Public Utilities' Residential New Construction Program.

c. The developer of an applicable project shall make a good faith effort to include behind the meter solar facilities. If inclusion of solar facilities is not feasible, a developer may submit an application to the Board of Public Utilities for an exemption from the provisions of this subsection. In this application, the Board of Public Utilities shall require the developer to provide support, in accordance with standards established by the rules and regulations of the board, for why the inclusion of solar facilities is not feasible. The board shall, not more than 45 days after the receipt of an application, make a determination as to whether the application is approved or denied, or that the board requires more time to adequately review the application. The board shall notify the Department of Community Affairs of each application approved pursuant to this subsection.

d. The following green design standards shall be included, as applicable and feasible in accordance with the rules and regulations adopted pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), in plans for an applicable project:

(1) Lighting: (a) Indoor spaces and external spaces shall use LED lighting; (b) Indoor common areas shall have occupancy sensors; and (c) Outdoor lighting shall incorporate solar power sourcing to the greatest extent feasible.

(2) Energy: (a) All appliances, including stovetops, refrigerators, washers, dryers, and dishwashers, shall be Energy Star rated and electric powered, or each unit shall have the required wiring and components installed to allow for future conversion to electric power; (b) Buildings or units shall comply with the mandatory and prescriptive provisions of ANSI/ASHRAE/IESNA Standard 90.1-2022, with errata, as applicable; (c) Buildings or units shall comply with HVAC and service water heating requirements, including equipment efficiency, economizers, ventilation, and ducts and dampers, for the appropriate ASHRAE 50 percent Advanced Energy Design Guide and climate zone; (d) Plans shall incorporate heat recovery ventilation or energy recovery ventilation systems; (e) Plans shall incorporate passive designs such as deep overhangs, thermal mass building materials; and natural cross ventilation; (f) Buildings or units shall incorporate in-floor radiant heating systems when feasible; (g) Plans shall incorporate heat pump heating to the greatest extent feasible; and (h) Plans shall incorporate heat pump water heaters to the greatest extent feasible.

(3) Heat Island Reduction: (a) Maximize the use of shade trees over paved areas; and (b) Include vegetated planters when feasible.

(4) Air Quality: All paints, coatings, adhesives, and sealants used shall have low to no volatile organic compound emission.

(5) Sustainability: Recycled materials shall be used when feasible.

(6) Building Envelope: (a) Windows shall, at minimum, be Energy Star rated; (b) Walls, floors, ceilings, attics, and roofs shall comply with the then current Energy Code required by the State Uniform Construction Code; and (c) Roofs may include reflective roof designs and shall, at minimum, be Energy Star rated.

(7) Landscaping: (a) Native plants shall be used; (b) Outdoor irrigation shall be minimized; (c) Lawn areas shall be minimized; (d) Permeable paving shall be used when feasible; and (e) Rainwater collection and reuse shall be used when feasible.

(8) Building Automation: Building automation shall be used to control HVAC, security, fire and safety, lighting, and humidity.

(9) Transportation: (a) A minimum of 15 percent of the parking spaces shall be EV charging stations, level 2, with an additional 15 percent of the parking spaces to be at least Make-Ready EV charging stations with sufficient electrical panel size for future additions; and (b) For every unit, there shall be a minimum of one bicycle storage space that is covered and secured.

e. A developer shall test the soil on land intended for a newly constructed development intended to be an inclusionary development, as defined in subsection f. of section 4 of P.L.1985, c.222 (C.52:27D-304) for contamination, as defined in section 23 of P.L.1993, c.139 (C.58:10B-1). The results of the soil test shall be provided to the municipality in which the development is located. A new development intended to be an inclusionary development, as defined in subsection f. of section 4 of P.L.1985, c.222 (C.52:27D-304) shall not be constructed on land containing contaminated soil unless the land is first remediated pursuant to P.L.1993, 139 (C.58:10B-1 et al.).

f. A unit existing within a new, pending, or proposed inclusionary development found to violate this section shall not be counted towards a municipality's fair share affordable housing obligation unless a complete application for development is approved prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).

2. a. The Board of Public Utilities, in accordance with the "Administrative Procedures Act," P.L.1968, c.140 (C.52:14B-1 et seq.), and in consultation with the Department of Community Affairs and the Department of Environmental Protection, shall adopt rules and regulations to effectuate the provisions of subsections b. and c. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) on or before the first day of the eighth month next following enactment. The Board of Public Utilities shall prepare, and make available on its Internet website, an application form for developers to request an exemption from the requirements of subsection c. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).

b. The Department of Community Affairs, in accordance with the "Administrative Procedures Act," P.L.1968, c.140 (C.52:14B-1 et seq.), and in consultation with the Department of Environmental Protection, shall adopt rules and regulations to effectuate the provisions of subsections d. and e. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) on or before the first day of the eighth month next following enactment.

3. This act shall take effect on the first day of the 13th month next following enactment, but the Board of Public Utilities, Department of Community Affairs, and Department of Environmental Protection are authorized to take any anticipatory actions necessary to prepare for the implementation of the provisions of this act. The provisions of this act shall not apply to a development for which a complete application for development is approved prior to the effective date of this act.

STATEMENT

This bill requires the developer of an applicable project to build the project to, at minimum, the currently applicable version of the United States Environmental Protection Agency's Energy Star Single-Family New Homes or Multifamily New Construction program standards, as applicable, through participation in the New Jersey Board of Public Utilities' Residential New Construction Program. Under the bill, an "applicable project" means: (1) a newly constructed development intended to be an inclusionary development, as defined in subsection f. of section 4 of P.L.1985, c.222 (C.52:27D-304); or (2) an existing affordable housing unit undergoing substantial gut renovation or remodeling.

The bill also requires the developer to make a good faith effort to include behind the meter solar facilities. If the inclusion of behind the meter solar facilities is not feasible, a developer may apply to the Board of Public Utilities for an exemption to this requirement. The bill further requires certain green building standards in applicable project plans concerning lighting, energy, heat island reduction, air quality, sustainability, building envelope, landscaping, building automation, and transportation.

The bill also requires soil testing in certain circumstances and prohibits constructing new affordable housing on land containing contaminated soil unless the land is remediated pursuant to P.L.1993, 139 (C.58:10B-1 et al.). A developer would be required to submit test results to the municipality.

The Energy Star Single Family New Homes program standard is designed to achieve 10 percent more energy efficiency than the building code and meet version 3.1 or version 3.2 standards. Energy Star Multifamily New Construction requires a development achieve 15 percent increased energy savings above the building code and meet version 1.1 or version 1.2 standards. Participation in the Residential New Construction Program, administered by the Board of Public Utilities through New Jersey's Clean Energy Program, makes a development eligible for Energy Star program incentives.

The bill directs the Board of Public Utilities, in consultation with the Department of Community Affairs and the Department of Environmental Protection, to adopt rules and regulations to effectuate certain provisions of the bill. The bill further directs the Board of Public Utilities to prepare, and make available on its Internet website, a form for developers to request an exemption from the requirement to install solar facilities. The Board of Public Utilities would have 45 days within which to make a determination on an application. The bill further directs the Board of Public Utilities to notify the Department of Community Affairs of each application for exemption approved. The bill directs the Department of Community Affairs, in consultation with the Department of Environmental Protection, to adopt rules and regulations to effectuate certain provisions of the bill. The bill would take effect on the first day of the 13th month next following enactment.