Bill Text: NJ S3840 | 2024-2025 | Regular Session | Introduced
Bill Title: Requires certain large developments, to be used as retail facility or warehouse, to be designed and constructed to accommodate load associated with solar panels.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-10-24 - Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee [S3840 Detail]
Download: New_Jersey-2024-S3840-Introduced.html
Sponsored by:
Senator JOHN J. BURZICHELLI
District 3 (Cumberland, Gloucester and Salem)
SYNOPSIS
Requires certain large developments, to be used as retail facility or warehouse, to be designed and constructed to accommodate load associated with solar panels.
CURRENT VERSION OF TEXT
As introduced.
An Act requiring certain large developments, to be used as a retail facility or warehouse, to be designed and constructed to accommodate load associated with solar panels and amending P.L.2021, c.290.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2021, c.290 (C.52:27D-123.19) is amended to read as follows:
1. a. (1) Any newly constructed warehouse for which an application for a construction permit has not been declared complete by the enforcing agency before July 1, 2022, shall be a solar-ready building.
(2) Any newly constructed large development, for which an application for a construction permit has not been declared complete by the enforcing agency before the first day of the 12th month following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), shall be designed and constructed in a manner so that the load-bearing system for the large development's roof is able to accommodate the additional weight of an operational solar photovoltaic or solar thermal system that covers at least 40 percent of the roof area calculated as the horizontally projected areas minus the area covered by skylights, occupied roof decks, vegetative roof areas, and mandatory access or set back areas required by the State Uniform Construction Code, or as otherwise provided in the 2018 International Energy Conservation Code, Appendix CA, and any successor model code. The large development shall be designed and constructed in a manner so that the load-bearing system for the large development's roof is able: to bear the weight associated with operational solar photovoltaic or solar thermal systems, regardless of whether the systems are for commercial or residential use, and regardless of whether the operational solar photovoltaic or solar thermal system contains polycrystalline, monocrystalline, thin-film, flexible, or other panels, and to account for environmental factors such as rain or snow, in addition to the weight associated with operational solar photovoltaic or solar thermal systems.
b. (1) The Department of Community Affairs shall adopt, pursuant to section 5 of the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-123) and the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations establishing standards for the design and construction of solar-ready buildings. The rules and regulations shall incorporate the provisions of the 2018 International Energy Conservation Code, Appendix CA, and any successor model code, concerning solar-ready zones.
(2) The Department of Community Affairs shall adopt, pursuant to section 5 of the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-123) and the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations establishing standards for the design and construction of large developments pursuant to paragraph (2) of subsection a. of this section.
c. For the purposes of this section:
"Large development" means any building, room, structure, or facility of at least 75,000 square feet, and which is designed predominantly for use as a retail facility or warehouse.
"Retail facility" means a building, room, structure, or facility used predominantly by one or more retailers who engages in the sale, within the State, of products intended for retail sale to consumers for off-premises use or consumption.
"Solar-ready building" means a building that includes a solar-ready zone.
"Solar-ready zone" means a section of a roof or building overhang designated and reserved for the future installation of a solar photovoltaic or solar thermal system, which is at [less] least 40 percent of the roof area calculated as the horizontally projected areas minus the area covered by skylights, occupied roof decks, vegetative roof areas, and mandatory access or set back areas required by the State Uniform Construction Code, or as otherwise provided in the 2018 International Energy Conservation Code, Appendix CA, and any successor model code, concerning solar-ready zones.
"Warehouse" means any building, room, structure, or facility of at least 100,000 square feet used primarily for the storage of goods intended for sale.
(cf: P.L.2021, c.290, s.1)
2. This act shall take effect on the first day of the fourth month next following the date of enactment, except that the Commissioner of Community Affairs shall be permitted to take anticipatory action necessary to effectuate the provisions of this act.
STATEMENT
This bill requires newly constructed large retail and warehouse developments to be designed and constructed in a manner so that the load-bearing system for the large development's roof is able to accommodate the additional weight of an operational solar photovoltaic or solar thermal system. The bill applies to such large developments, for which an application for a construction permit has not been declared complete before the first day of the 12th month following the effective date of the bill, and requires the Department of Community Affairs to adopt rules and regulations establishing standards for the design and construction of large developments that are designed and constructed in a manner so that the load-bearing system for the large development's roof is able to accommodate solar photovoltaic or solar thermal systems on such large developments, as specified in the bill.
The bill defines the term "large development" to mean any building, room, structure, or facility of at least 75,000 square feet, and which is designed predominantly for use as a warehouse, as otherwise defined in current law, or as a retail facility. The bill defines the term "retail facility" to mean a building, room, structure, or facility used predominantly by one or more retailers who engages in the sale, within the State, of products intended for retail sale to consumers for off-premises use or consumption.
The bill would take effect on the first day of the fourth month following the date of enactment, except the Commissioner of Community Affairs would be permitted to take anticipatory action necessary to effectuate the provisions of the bill.
Data shows that the retail supply chain contributes 25 percent of greenhouse gas emissions globally, which emissions continue to contribute to global climate change. By requiring newly constructed large retail and warehouse developments to be designed and constructed to accommodate operational solar photovoltaic or solar thermal systems, the sector would contribute less to global climate change while benefitting from economies of scale for the location of these systems in the most densely populated state in the country.
