[Fourth Reprint]

ASSEMBLY, No. 3103

STATE OF NEW JERSEY

215th LEGISLATURE

 

INTRODUCED JUNE 7, 2012

 


 

Sponsored by:

Assemblyman  RUBEN J. RAMOS, JR.

District 33 (Hudson)

Assemblywoman  L. GRACE SPENCER

District 29 (Essex)

Assemblyman  REED GUSCIORA

District 15 (Hunterdon and Mercer)

Assemblyman  WAYNE P. DEANGELO

District 14 (Mercer and Middlesex)

Assemblyman  DANIEL R. BENSON

District 14 (Mercer and Middlesex)

 

Co-Sponsored by:

Assemblymen Coughlin, Conaway, Senators Gordon, Greenstein, Assemblywomen Mosquera and Vainieri Huttle

 

 

 

 

SYNOPSIS

     Provides for priority consideration, by DCA, DEP, DOT, and municipalities, of permit applications for green building projects.

 

CURRENT VERSION OF TEXT

     As amended by the Senate on November 18, 2013.

  


An Act providing for priority consideration of permit applications for green building projects and supplementing P.L.1975, c.291 and Titles 13, 27, 40, and 52 of the Revised Statutes.

 

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

 

     3[1. a. A county planning board shall provide priority consideration to any application for development associated with a green building project submitted to the county planning board for an approval issued pursuant to Chapter 27 of Title 40 of the Revised Statutes.

     b.    As used in this section, “green building project” means a project designed and constructed in a manner to:

     (1)   achieve certification by the Leadership in Energy and Environmental Design (LEED) Green Building Rating System as adopted by the United States Green Building Council;

     (2)   qualify as Energy Star by the United States Environmental Protection Agency and United States Department of Energy; 1[or]1

     (3)   achieve at least a two globe rating according to the Green Globes Program as adopted by the Green Building Initiative 1; or

     (4)   achieve at least a 2[gold] silver2 certification according to the National Green Building Standard as adopted by the National Association of Home Builders Research Center and approved by the American National Standards Institute1 .]3

 

     3[2. a.  A municipal agency shall provide priority consideration to any application for development associated with a green building project submitted to the municipal agency for review pursuant to the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.).

     b.    As used in this section, “green building project” means a project designed and constructed in a manner to:

     (1)   achieve certification by the Leadership in Energy and Environmental Design (LEED) Green Building Rating System as adopted by the United States Green Building Council;

     (2)   qualify as Energy Star by the United States Environmental Protection Agency and United States Department of Energy; 1[or]1

     (3)   achieve at least a two globe rating according to the Green Globes Program as adopted by the Green Building Initiative 1; or

     (4)   achieve at least a 2[gold] silver2 certification according to the National Green Building Standard as adopted by the National Association of Home Builders Research Center and approved by the American National Standards Institute1 .]

     1.    a.  A municipal agency shall provide priority consideration to any application for development associated with a green building project submitted to the municipal agency for review pursuant to the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.), provided the application includes a letter from a licensed architect or engineer pursuant to subsection d. of this section.

     b.    Except as otherwise provided pursuant to paragraph (1) of subsection c. of this section, as used in this section, a project shall qualify as a “green building project” if the project is designed 4[and] to be4 constructed 4[in a manner]4 to:

     (1)   achieve 4[certification by] at least a silver rating according to4 the Leadership in Energy and Environmental Design (LEED) Green Building Rating System as adopted by the United States Green Building Council;

     (2)   qualify as Energy Star 4[by] for commercial or industrial projects, or, for residential projects at least Energy Star Version 3, according to4   the United States Environmental Protection Agency and the United States Department of Energy;

     (3)   achieve at least a two globe rating according to the Green Globes Program as adopted by the Green Building Initiative;

     (4)   achieve at least a silver certification according to the ICC 700 National Green Building Standard as adopted by the National Association of Home Builders Research Center and approved by the American National Standards Institute; or

     (5)   achieve a comparable 4[numeric]4 rating according to a nationally recognized, accepted, and appropriate 4[numeric sustainable] green4  development rating system, guideline, or standard as designated by the Commissioner of Community Affairs pursuant to paragraph (2) of subsection c. of this section.

     c.    (1)  The Commissioner of Community Affairs shall conduct a review, every third year following the year of enactment of this act, of each rating system, guideline, or standard by which a project may qualify as a green building project pursuant to subsection b. of this section.  If the commissioner finds that any such rating system, standard, or guideline no longer represents contemporaneous, widely accepted 4[sustainable] green4 development standards, the commissioner may, by rule or regulation adopted pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), designate the standard as inapplicable for purposes of qualifying as a green building project pursuant to subsection b. of this section.

     (2)   The Commissioner of Community Affairs shall conduct a review, every third year following the year of enactment of this act, of new rating systems, guidelines, or standards which may be appropriate for purposes of qualifying a project as a green building project pursuant to paragraph (5) of subsection b. of this section.  If the commissioner finds that any such rating system, standard, or guideline is consistent with contemporaneous, widely accepted 4[sustainable] green4 development standards, the commissioner may, by rule or regulation adopted pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), designate the rating system, standard, or guideline as applicable for purposes of qualifying as a green building project pursuant to paragraph (5) of subsection b. of this section.

     (3)   Any designations made by the commissioner pursuant to this subsection shall ensure that only the most current version of an applicable rating system, guideline, or standard may be used for purposes of qualifying as a green building project pursuant to subsection b. of this section. 

     d.    An application receiving priority pursuant to subsection a. of this section shall include a letter from a licensed architect or engineer identifying the rating system, standard, or guideline by which the project qualifies as a green building project pursuant to subsection b. of this section.  The letter shall state the level of compliance with the applicable rating system, standard, or guideline, including any certification, rating, or score required to meet such level of compliance, and shall include a checklist, or equivalent document, for use in demonstrating the specific project criteria necessary to meet the intended level of compliance.3

 

     3[3. a.  The Department of Environmental Protection shall provide priority consideration to any application for a permit, approval, or other authorization issued by the department associated with a green building project.

     b.    As used in this section, “green building project” means a project designed and constructed in a manner to:

     (1)   achieve certification by the Leadership in Energy and Environmental Design (LEED) Green Building Rating System as adopted by the United States Green Building Council;

     (2)   qualify as Energy Star by the United States Environmental Protection Agency and United States Department of Energy; 1[or]1

     (3)   achieve at least a two globe rating according to the Green Globes Program as adopted by the Green Building Initiative 1; or

     (4)   achieve at least a 2[gold] silver2 certification according to the National Green Building Standard as adopted by the National Association of Home Builders Research Center and approved by the American National Standards Institute1 .]

     2.    a.  The Department of Environmental Protection shall provide priority consideration to any application for a permit, approval, or other authorization issued by the department associated with a green building project, provided the application includes a letter from a licensed architect or engineer pursuant to subsection d. of this section.

     b.    Except as otherwise provided pursuant to subsection c. of this section, as used in this section, “green building project” means a project designed 4[and] to be4 constructed 4[in a manner]4 to:

     (1)   achieve 4[certification by] at least a silver rating according to4 the Leadership in Energy and Environmental Design (LEED) Green Building Rating System as adopted by the United States Green Building Council;

     (2)   qualify as Energy Star 4[by] for commercial or industrial projects, or, for residential projects at least Energy Star Version 3, according to4 the United States Environmental Protection Agency and the United States Department of Energy;

     (3)   achieve at least a two globe rating according to the Green Globes Program as adopted by the Green Building Initiative;

     (4)   achieve at least a silver certification according to the ICC 700 National Green Building Standard as adopted by the National Association of Home Builders Research Center and approved by the American National Standards Institute; or

     (5)   achieve a comparable 4[numeric]4 rating according to a nationally recognized, accepted, and appropriate 4[numeric sustainable] green4 development rating system, guideline, or standard as designated by the Commissioner of Community Affairs pursuant to paragraph (2) of subsection c. of this section.

     c.    (1)  The Commissioner of Community Affairs shall conduct a review, every third year following the year of enactment of this act, of each rating system, guideline, or standard by which a project may qualify as a green building project pursuant to subsection b. of this section.  If the commissioner finds that any such rating system, standard, or guideline no longer represents contemporaneous, widely accepted 4[sustainable] green4 development standards, the commissioner may, by rule or regulation adopted pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), designate the standard as inapplicable for purposes of qualifying as a green building project pursuant to subsection b. of this section.

     (2)   The Commissioner of Community Affairs shall conduct a review, every third year following the year of enactment of this act, of new rating systems, guidelines, or standards which may be appropriate for purposes of qualifying a project as a green building project pursuant to paragraph (5) of subsection b. of this section.  If the commissioner finds that any such rating system, standard, or guideline is consistent with contemporaneous, widely accepted 4[sustainable] green4 development standards, the commissioner may, by rule or regulation adopted pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), designate the rating system, standard, or guideline as applicable for purposes of qualifying as a green building project pursuant to paragraph (5) of subsection b. of this section.

     (3)   Any designations made by the commissioner pursuant to this subsection shall ensure that only the most current version of an applicable rating system, guideline, or standard may be used for purposes of qualifying as a green building project pursuant to subsection b. of this section. 

     d.    An application receiving priority pursuant to subsection a. of this section shall include a letter from a licensed architect or engineer identifying the rating system, standard, or guideline by which the project qualifies as a green building project pursuant to subsection b. of this section.  The letter shall state the level of compliance with the applicable rating system, standard, or guideline, including any certification, rating, or score required to meet such level of compliance, and shall include a checklist, or equivalent document, for use in demonstrating the specific project criteria necessary to meet the intended level of compliance.3

 

     3[4. a.  The Department of Transportation shall provide priority consideration to any application for a permit, approval, or other authorization issued by the department associated with a green building project.

     b.    As used in this section, “green building project” means a project designed and constructed in a manner to:

     (1)   achieve certification by the Leadership in Energy and Environmental Design (LEED) Green Building Rating System as adopted by the United States Green Building Council;

     (2)   qualify as Energy Star by the United States Environmental Protection Agency and United States Department of Energy; 1[or]1

     (3)   achieve at least a two globe rating according to the Green Globes Program as adopted by the Green Building Initiative 1; or

     (4)   achieve at least a 2[gold] silver2 certification according to the National Green Building Standard as adopted by the National Association of Home Builders Research Center and approved by the American National Standards Institute1 .]

     3.    a.  The Department of Transportation shall provide priority consideration to any application for a permit, approval, or other authorization issued by the department associated with a green building project, provided the application includes a letter from a licensed architect or engineer pursuant to subsection d. of this section.

     b.    Except as otherwise provided pursuant to subsection c. of this section, as used in this section, “green building project” means a project designed 4[and] to be4 constructed 4[in a manner]4 to:

     (1)   achieve 4[certification by] at least a silver rating according to4 the Leadership in Energy and Environmental Design (LEED) Green Building Rating System as adopted by the United States Green Building Council;

     (2)   qualify as Energy Star 4[by] for commercial or industrial projects, or, for residential projects at least Energy Star Version 3, according to4 the United States Environmental Protection Agency and United States Department of Energy;

     (3)   achieve at least a two globe rating according to the Green Globes Program as adopted by the Green Building Initiative;

     (4)   achieve at least a silver certification according to the ICC 700 National Green Building Standard as adopted by the National Association of Home Builders Research Center and approved by the American National Standards Institute; or

     (5)   achieve a comparable 4[numeric]4 rating according to a nationally recognized, accepted, and appropriate 4[numeric sustainable] green4 development rating system, guideline, or standard as designated by the Commissioner of Community Affairs pursuant to paragraph (2) of subsection c. of this section.

     c.    (1)  The Commissioner of Community Affairs shall conduct a review, every third year following the year of enactment of this act, of each rating system, guideline, or standard by which a project may qualify as a green building project pursuant to subsection b. of this section.  If the commissioner finds that any such rating system, standard, or guideline no longer represents contemporaneous, widely accepted 4[sustainable] green4 development standards, the commissioner may, by rule or regulation adopted pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), designate the standard as inapplicable for purposes of qualifying as a green building project pursuant to subsection b. of this section.

     (2)   The Commissioner of Community Affairs shall conduct a review, every third year following the year of enactment of this act, of new rating systems, guidelines, or standards which may be appropriate for purposes of qualifying a project as a green building project pursuant to paragraph (5) of subsection b. of this section.  If the commissioner finds that any such rating system, standard, or guideline is consistent with contemporaneous, widely accepted 4[sustainable] green4 development standards, the commissioner may, by rule or regulation adopted pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), designate the rating system, standard, or guideline as applicable for purposes of qualifying as a green building project pursuant to paragraph (5) of subsection b. of this section.

     (3)   Any designations made by the commissioner pursuant to this subsection shall ensure that only the most current version of an applicable rating system, guideline, or standard may be used for purposes of qualifying as a green building project pursuant to subsection b. of this section. 

     d.    An application receiving priority pursuant to subsection a. of this section shall include a letter from a licensed architect or engineer identifying the rating system, standard, or guideline by which the project qualifies as a green building project pursuant to subsection b. of this section.  The letter shall state the level of compliance with the applicable rating system, standard, or guideline, including any certification, rating, or score required to meet such level of compliance, and shall include a checklist, or equivalent document, for use in demonstrating the specific project criteria necessary to meet the intended level of compliance.3

 

     3[5. a.  The Department of Community Affairs shall provide priority consideration to any application for a permit, approval, or other authorization issued by the department associated with a green building project.

     b.    As used in this section, “green building project” means a project designed and constructed in a manner to:

     (1)   achieve certification by the Leadership in Energy and Environmental Design (LEED) Green Building Rating System as adopted by the United States Green Building Council;

     (2)   qualify as Energy Star by the United States Environmental Protection Agency and United States Department of Energy; 1[or]1

     (3)   achieve at least a two globe rating according to the Green Globes Program as adopted by the Green Building Initiative 1; or

     (4)   achieve at least a 2[gold] silver2 certification according to the National Green Building Standard as adopted by the National Association of Home Builders Research Center and approved by the American National Standards Institute1 .]

     4.    a.  The Department of Community Affairs shall provide priority consideration to any application for a permit, approval, or other authorization issued by the department associated with a green building project, provided the application includes a letter from a licensed architect or engineer pursuant to subsection d. of this section.

     b.    Except as otherwise provided pursuant to subsection c. of this section, as used in this section, “green building project” means a project designed 4[and] to be4  constructed 4[in a manner]4 to:

     (1)   achieve 4[certification by] at least a silver rating according to4 the Leadership in Energy and Environmental Design (LEED) Green Building Rating System as adopted by the United States Green Building Council;

     (2)   qualify as Energy Star 4[by] for commercial or industrial projects, or, for residential projects at least Energy Star Version 3, according to4 the United States Environmental Protection Agency and United States Department of Energy;

     (3)   achieve at least a two globe rating according to the Green Globes Program as adopted by the Green Building Initiative;

     (4)   achieve at least a silver certification according to the ICC 700 National Green Building Standard as adopted by the National Association of Home Builders Research Center and approved by the American National Standards Institute; or

     (5)   achieve a comparable 4[numeric]4 rating according to a nationally recognized, accepted, and appropriate 4[numeric sustainable] green4 development rating system, guideline, or standard as designated by the Commissioner of Community Affairs pursuant to paragraph (2) of subsection c. of this section.

     c.    (1)  The Commissioner of Community Affairs shall conduct a review, every third year following the year of enactment of this act, of each rating system, guideline, or standard by which a project may qualify as a green building project pursuant to subsection b. of this section.  If the commissioner finds that any such rating system, standard, or guideline no longer represents contemporaneous, widely accepted 4[sustainable] green4 development standards, the commissioner may, by rule or regulation adopted pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), designate the standard as inapplicable for purposes of qualifying as a green building project pursuant to subsection b. of this section.  

     (2)   The Commissioner of Community Affairs shall conduct a review, every third year following the year of enactment of this act, of new rating systems, guidelines, or standards which may be appropriate for purposes of qualifying a project as a green building project pursuant to paragraph (5) of subsection b. of this section.  If the commissioner finds that any such rating system, standard, or guideline is consistent with contemporaneous, widely accepted 4[sustainable] green4 development standards, the commissioner may, by rule or regulation adopted pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), designate the rating system, standard, or guideline as applicable for purposes of qualifying as a green building project pursuant to paragraph (5) of subsection b. of this section.

     (3)   Any designations made by the commissioner pursuant to this subsection shall ensure that only the most current version of an applicable rating system, guideline, or standard may be used for purposes of qualifying as a green building project pursuant to subsection b. of this section. 

     d.  An application receiving priority pursuant to subsection a. of this section shall include a letter from a licensed architect or engineer identifying the rating system, standard, or guideline by which the project qualifies as a green building project pursuant to subsection b. of this section.  The letter shall state the level of compliance with the applicable rating system, standard, or guideline, including any certification, rating, or score required to meet such level of compliance, and shall include a checklist, or equivalent document, for use in demonstrating the specific project criteria necessary to meet the intended level of compliance.3

 

     3[6.] 5.3     This act shall take effect immediately.