Sponsored by:
Assemblyman RAJ MUKHERJI
District 33 (Hudson)
Assemblywoman ELIANA PINTOR MARIN
District 29 (Essex)
Co-Sponsored by:
Assemblyman Benson
SYNOPSIS
Provides for priority consideration, by DCA, DEP, DOT, and municipalities, of permit applications for green building projects.
CURRENT VERSION OF TEXT
As introduced.
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:
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 to be constructed to:
(1) achieve at least a silver rating according to 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 for commercial or industrial projects, or, for residential projects at least Energy Star Version 3, according to 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 rating according to a nationally recognized, accepted, and appropriate green 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 green 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 green 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.
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 to be constructed to:
(1) achieve at least a silver rating according to 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 for commercial or industrial projects, or, for residential projects at least Energy Star Version 3, according to 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 rating according to a nationally recognized, accepted, and appropriate green 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 green 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 green 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. 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 to be constructed to:
(1) achieve at least a silver rating according to 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 for commercial or industrial projects, or, for residential projects at least Energy Star Version 3, according to 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 rating according to a nationally recognized, accepted, and appropriate green 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 green 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 green 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.
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 to be constructed to:
(1) achieve at least a silver rating according to 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 for commercial or industrial projects, or, for residential projects at least Energy Star Version 3, according to 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 rating according to a nationally recognized, accepted, and appropriate green 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 green 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 green 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.
5. This act shall take effect immediately.
STATEMENT
This bill directs the Department of Community Affairs, the Department of Environmental Protection, the Department of Transportation, and municipal agencies to give priority consideration to permit applications for green building projects.
Under the bill, a project would qualify as a “green building project” if the project is certified by a licensed architect or engineer as being designed and constructed in a manner to: (1) achieve at least a silver rating according to 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 for commercial or industrial projects, or, for residential projects at least Energy Star Version 3, according to 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 rating according to a nationally recognized, accepted, and appropriate green development rating system designated by the Commissioner of Community Affairs.
The bill would also allow the Commissioner of Community Affairs to adopt rules and regulations that eliminate any of these rating systems, standards, or guidelines, or add new rating systems, standards, or guidelines, in order to keep with contemporaneous, widely accepted green development standards.