New Jersey-2010-S2745-Introduced

An Act concerning blue roofs and green roofs and supplementing P.L.1981, c.32 (C.40:55D-93 et seq.) and Titles 13 and 58 of the Revised Statutes.

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

1. a. Within one year after the date of enactment of this act, the Department of Environmental Protection shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to require, unless demonstrated to the department by an applicant to be unfeasible,any new development to incorporate blue roof or green roof technologies to limit the release rate of stormwater runoff.

b. As used in this section:

"Applicant" means the same as the term is defined in section 2 of P.L.1993, c.361 (C.13:1D-121).

"Blue roof" means a roof constructed with mechanical controls that drain stormwater, including but not limited to gravel beds, perforated pipes, rooftop detention systems, or weirs, designed to improve stormwater management.

"Development" means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission is required pursuant to the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.), but shall not include agricultural development.

"Green roof" means a roof that includes, among other things, a growth medium and a vegetation layer of drought resistant and hardy plant species, designed to improve stormwater management.

2. a. Within one year after the date of enactment of this act, the Department of Environmental Protection shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to incorporate, where feasible, the use of blue roofs or green roofs into storm water management plans and storm water management ordinances, as established or adopted by a storm water management planning agency.

b. As used in this section:

"Blue roof" means the same as the term is defined pursuant to subsection b. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).

"Green roof" means the same as the term is defined pursuant to subsection b. of section 1 of P.L. , c. (pending before the Legislature as this bill).

"Storm water management planning agency" means a public body authorized by law to prepare storm water management plans.

3. a. The Department of Environmental Protection shall give priority consideration to any application for a permit, grant, approval, loan application, or other authorization issued by the department associated with a blue roof or green roof project.

b. Within one year after the date of enactment of this act, the Department of Environmental Protection shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to give priority consideration to any application for a permit, grant, approval, loan application, or other authorization submitted for a project that includes the use of a blue roof or green roof.

c. When developing the rules and regulations pursuant to subsection b. of this section, the department shall determine what specific minimum of rainfall on the impervious surface shall be necessary for a project to capture in order for an applicant to be eligible for priority consideration. The department may request information from an applicant demonstrating that the project can capture the certain specified minimum of rainfall.

d. As used in this section:

"Blue roof" means the same as the term is defined pursuant to subsection b. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).

"Green roof" means the same as the term is defined pursuant to subsection b. of section 1 of P.L. , c. (pending before the Legislature as this bill).

4. This act shall take effect immediately.

STATEMENT

This bill would require the Department of Environmental Protection (DEP) to adopt rules and regulations concerning the use of blue roofs and green roofs, within one year after the date of enactment of this bill into law. The DEP would also give priority consideration to any application for a permit, grant, approval, loan application, or other authorization issued by the DEP associated with a blue roof or green roof project.

Specifically, the bill directs the DEP to establish rules and regulations to:

(1) require, unless demonstrated to the department by an applicant to be unfeasible, any new development to incorporate blue or green roof technologies to limit the release rate of stormwater runoff;

(2) incorporate, where feasible, the use of blue or green roofs into storm water management plans and storm water management ordinances, as established or adopted by a storm water management planning agency; and

(3) give priority consideration to any application for a permit, grant, approval, loan application, or other authorization submitted for a project that includes the use of a blue or green roof. When developing the rules and regulations, the DEP would determine what specific minimum of rainfall on the impervious surface would be necessary for a project to capture in order for an applicant to be eligible for priority consideration. The DEP would be able to request information from an applicant demonstrating that the project can capture the certain specified minimum of rainfall.

The bill defines a "blue roof" as a roof constructed with mechanical controls that drain stormwater, including but not limited to gravel beds, perforated pipes, rooftop detention systems, or weirs, designed to improve stormwater management. A "green roof" is defined as a roof that includes, among other things, a growth medium and a vegetation layer of drought resistant and hardy plant species, designed to improve stormwater management.