SENATE, No. 3091

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED OCTOBER 29, 2020

 


 

Sponsored by:

Senator  DAWN MARIE ADDIEGO

District 8 (Atlantic, Burlington and Camden)

Senator  CHRISTOPHER "KIP" BATEMAN

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

 

Co-Sponsored by:

Senator Turner

 

 

 

 

SYNOPSIS

     Requires developers to offer unit concrete products that utilize carbon footprint-reducing technology as option in new construction; establishes tax incentives, and State and local purchasing preferences, for unit concrete products that utilize carbon footprint-reducing technology.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning the purchase and use of unit concrete products that utilize carbon footprint-reducing technology and supplementing Titles 27, 52, and 54 of the Revised Statues, Title 54A of the New Jersey Statutes, and P.L.1971, c.198. 

 

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

 

     1.    The Legislature finds and declares that the burning of fossil fuels and other industrial processes release harmful greenhouse gases into the atmosphere, which in turn contribute to climate change; that, in the coming years, New Jersey is likely to experience increased flooding, drought, and other severe weather effects caused by climate change; and that, in order to help mitigate the serious impacts of climate change, the State must drastically reduce its consumption of fossil fuels and its greenhouse gas emissions.   

     The Legislature further finds that concrete is the most widely used construction material in the world due to its low cost, strength, and durability; that the production of ordinary Portland cement, the critical ingredient in concrete, is responsible for almost eight percent of the world’s carbon dioxide emissions; that ordinary Portland cement requires significant amounts of energy to produce, resulting in high carbon dioxide emissions; that modern technology allows concrete to be produced utilizing less energy, and the emission of carbon dioxide from cement manufacturing can be greatly reduced by capturing and utilizing carbon dioxide in the unit concrete product manufacturing process, including the chemical reaction that results in strength and durability of concrete; and that this process can sequester carbon dioxide in the unit concrete product or chemically transform the carbon dioxide into mineral form, embedding it into the concrete and preventing its release as a gas.

     The Legislature therefore determines that it is in the public interest to encourage and support the purchase of unit concrete products that utilize carbon footprint-reducing technology in the State; that unit concrete products that utilize carbon footprint-reducing technology will greatly reduce greenhouse gas emissions from the concrete and construction industries; and that incentives for permeable pavers that are unit concrete products that utilize carbon footprint-reducing technology will further help enhance stormwater management, reduce stormwater runoff, and decrease the risk of flooding in the State. 

 

     2.    a.  A developer shall, for any new construction that requires the use of unit concrete products, where technically feasible, offer to use unit concrete products that utilize carbon footprint-reducing technology in the new construction, whenever a prospective purchaser enters into negotiations with the developer to construct or purchase a new residential dwelling or commercial building in the State. 

     b.    A developer shall disclose, in any advertising or offer to construct a new residential dwelling or commercial building, in a form and manner as determined by the commissioner:

     (1)   that the prospective purchaser may choose to use unit concrete products that utilize carbon footprint-reducing technology in the new construction;

     (2)   the total cost of using unit concrete products that utilize carbon footprint-reducing technology in the new construction; 

     (3)   general information on the environmental and other benefits of using unit concrete products that utilize carbon footprint-reducing technology; and

     (4)   information concerning any applicable tax credits, rebates, or other incentives that may be available for the use of unit concrete products that utilize carbon footprint-reducing technology pursuant to P.L.    , c.   (C.        )(pending before the Legislature as this bill or any other law.  

     c.     The commissioner, in consultation with the Department of Environmental Protection, shall:

     (1)   publish educational materials to demonstrate how developers may incorporate unit concrete products that utilize carbon footprint-reducing technology into new construction; and

     (2)   provide developers with information concerning applicable tax credits, rebates, or other incentives that may be available for the use of unit concrete products that utilize carbon footprint-reducing technology pursuant to P.L.    , c.   (C.        )(pending before the Legislature as this bill) or any other law.

     d.    The commissioner, in consultation with the Department of Environmental Protection, may adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to implement this section.

     e.     The commissioner shall enforce the provisions of this section and may penalize and assess violators of this section in accordance with the penalties and procedures provided for under section 18 of P.L.1977, c.419 (C.45:22A-38).

     f.     As used in this section:

     “Advertising” means the same as the term is defined in section 3 of P.L.1977, c.419 (C.45:22A-23).

     “Commissioner” means the Commissioner of Community Affairs.

     “Developer” means a person who constructs, or offers to construct, a new residential dwelling or commercial building in the State.

     “Prospective purchaser” means a person who contemplates acquiring a legal or equitable interest in a new residential dwelling or commercial building.

     “Unit concrete product” means a concrete building product that is fabricated under controlled conditions separate and remote from the intended point of use and is produced in a wet cast or dry cast method in a factory setting and then transported to the location of intended use for installation, including, but not limited to, all concrete pavers, whether permeable or non-permeable, and concrete block.

     “Unit concrete product that utilizes carbon footprint-reducing technology” means a unit concrete product that is certified by the Department of Environmental Protection, or any independent third party authorized by the department, pursuant to section 10 of P.L.    , c.   (C.        )(pending before the Legislature as this bill), as generating at least 50 percent less carbon dioxide emissions in the production and utilization of the unit concrete product than conventional unit concrete products made with ordinary Portland cement. 

 

     3.    a.  Receipts from the sale of unit concrete products that utilize carbon footprint-reducing technology, which may include permeable pavement, used in the construction or improvement of any residential dwelling or commercial building located in the State shall be exempt from the tax imposed under the “Sales and Use Tax Act,” P.L.1966, c.30 (C.54:32B-1 et seq.).

     b.    As used in this section:

     “Permeable pavement” means a concrete product that allows rainwater to penetrate the pavement and percolate into the supporting soils and includes, but is not limited to, pervious concrete, permeable interlocking concrete pavers, and concrete grid pavers.    

     “Unit concrete product” means a concrete building product that is fabricated under controlled conditions separate and remote from the intended point of use and is produced in a wet cast or dry cast method in a factory setting and then transported to the location of intended use for installation, including, but not limited to, all concrete pavers, whether permeable or non-permeable, and concrete block.

     “Unit concrete product that utilizes carbon footprint-reducing technology” means a unit concrete product that is certified by the Department of Environmental Protection, or any independent third party authorized by the department, pursuant to section 10 of P.L.    , c.   (C.        )(pending before the Legislature as this bill), as generating at least 50 percent less carbon dioxide emissions in the production and utilization of the unit concrete product than conventional unit concrete products made with ordinary Portland cement. 

 

     4.    a.  A taxpayer shall be allowed a credit against the tax imposed pursuant to section 5 of P.L.1945, c.162 (C.54:10A-5) in an amount equal to $2.00 per square foot for the purchase and installation of unit concrete products that utilize carbon footprint-reducing technology, which may include permeable pavement, used in the construction or improvement of any residential dwelling or commercial building, or in the replacement of an impervious surface with permeable pavement, in the State. Such purchases and installations must be completed during the privilege period.  The value of tax credits allowed to a taxpayer pursuant to this section shall not exceed $3,000 for a residential property, and $30,000 for a commercial property in a single privilege period.  In order to qualify for the tax credit pursuant to this section, a person shall install at least 100 square feet of unit concrete products that utilize carbon footprint-reducing technology, which may include permeable pavement. 

     b.    The order of priority of the application of the tax credit allowed pursuant to this section, and any other credits allowed against the tax imposed pursuant to section 5 of P.L.1945, c.162 (C.54:10A-5) for a privilege period, shall be as prescribed by the director.  The amount of the credit applied pursuant to this section against the tax imposed pursuant to section 5 of P.L.1945, c.162 (C.54:10A-5) shall not reduce a taxpayer's tax liability to an amount less than the statutory minimum provided in subsection (e) of section 5 of P.L.1945, c.162 (C.54:10A-5).  The amount of the tax credit otherwise allowable under this section which cannot be applied for the privilege period due to the limitations of this subsection or under other provisions of P.L.1945, c.162 (C.54:10A-1 et seq.) may be carried forward, if necessary, to the seven privilege periods following the privilege period for which the tax credit was allowed.

     c.     The director, in consultation with the Department of Environmental Protection, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as are necessary to implement the provisions of this section.    The director may require the submission of any information the director deems necessary to award a tax credit pursuant to this section. 

     d.    As used in this section:

     “Permeable pavement” means a concrete product that allows rainwater to penetrate the pavement and percolate into the supporting soils and includes, but is not limited to, pervious concrete, permeable interlocking concrete pavers, and concrete grid pavers.    

     “Unit concrete product” means a concrete building product that is fabricated under controlled conditions separate and remote from the intended point of use and is produced in a wet cast or dry cast method in a factory setting and then transported to the location of intended use for installation, including, but not limited to, all concrete pavers, whether permeable or non-permeable, and concrete block.

     “Unit concrete product that utilizes carbon footprint-reducing technology” means a unit concrete product that is certified by the Department of Environmental Protection, or any independent third party authorized by the department, pursuant to section 10 of P.L.    , c.   (C.        )(pending before the Legislature as this bill), as generating at least 50 percent less carbon dioxide emissions in the production and utilization of the unit concrete product than conventional unit concrete products made with ordinary Portland cement. 

 

     5.    a.  A taxpayer shall be allowed a credit against the tax otherwise due for the taxable year under the “New Jersey Gross Income Tax Act” N.J.S.54A:1-1 et seq., in an amount equal to $2.00 per square foot for the purchase and installation of unit concrete products that utilize carbon footprint-reducing technology, which may include permeable pavement, used in the construction or improvement of any residential dwelling or commercial building, or in the replacement of an impervious surface with permeable pavement, in the State, which purchase and installation is completed during the taxable year.  The total amount of the tax credit granted pursuant to this section shall not exceed $3,000 for a residential property, and $30,000 for a commercial property in a single taxable year.  In order to qualify for the tax credit pursuant to this section, a person shall install at least 100 square feet of unit concrete products that utilize carbon footprint-reducing technology, which may include permeable pavement. 

     b.    The order of priority of the application of the credit allowed pursuant to this section, and any other credits allowed against the tax imposed pursuant to N.J.S.54A:1-1 et seq. for a taxable year, shall be as prescribed by the director.  The amount of the credit applied under this section against the New Jersey gross income tax imposed pursuant to N.J.S.54A:1-1 et seq. for a taxable year, when taken together with any other payments, credits, deductions, and adjustments allowed by law, shall not reduce a taxpayer's tax liability to an amount less than zero.  The amount of the tax credit otherwise allowable under this section which cannot be applied for the taxable year due to the limitations of this section or other provisions of N.J.S.54A:1-1 et seq. may be carried forward, if necessary, to the seven taxable years following the taxable year for which the tax credit was allowed.

     c.     (1)   A business entity that is classified as a partnership for federal income tax purposes shall not be allowed a credit under this section directly, but the amount of credit of a taxpayer in respect of a distributive share of partnership income under the “New Jersey Gross Income Tax Act,” N.J.S.54A:1-1 et seq., shall be determined by allocating to the taxpayer that proportion of the credit acquired by the partnership that is equal to the taxpayer’s share, whether or not distributed, of the total distributive income or gain of the partnership for its taxable year ending within or with the taxpayer’s taxable year. 

     (2)   A New Jersey S Corporation shall not be allowed a credit under this section directly, but the amount of the tax credit of a taxpayer in respect of a pro rata share of S Corporation income, shall be determined by allocating to the taxpayer that proportion of the tax credit acquired by the New Jersey S Corporation that is equal to the taxpayer’s share, whether or not distributed, of the total pro rata share of S Corporation income of the New Jersey S Corporation for its privilege period ending within or with the taxpayer’s taxable year.

     d.    The director, in consultation with the Department of Environmental Protection, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as are necessary to implement the provisions of this section.  The director may require the submission of any information the director deems necessary to award a tax credit pursuant to this section.          

     e.     As used in this section:

     “Permeable pavement” means a concrete product that allows rainwater to penetrate the pavement and percolate into the supporting soils and includes, but is not limited to, pervious concrete, permeable interlocking concrete pavers, and concrete grid pavers.    

     “Unit concrete product” means a concrete building product that is fabricated under controlled conditions separate and remote from the intended point of use and is produced in a wet cast or dry cast method in a factory setting and then transported to the location of intended use for installation, including, but not limited to, all concrete pavers, whether permeable or non-permeable, and concrete block.

     “Unit concrete product that utilizes carbon footprint-reducing technology” means a unit concrete product that is certified by the Department of Environmental Protection, or any independent third party authorized by the department, pursuant to section 10 of P.L.    , c.   (C.        )(pending before the Legislature as this bill), as generating at least 50 percent less carbon dioxide emissions in the production and utilization of the unit concrete product than conventional unit concrete products made with ordinary Portland cement. 

 

     6.  a.  Notwithstanding the provisions of any other law, rule, or regulation to the contrary, the Director of the Division of Purchase and Property in the Department of the Treasury, the Director of the Division of Property Management and Construction in the Department of the Treasury, and any State agency having authority to contract for the purchase of goods or services, shall, whenever possible, give preference to unit concrete products that utilize carbon footprint-reducing technology, which may include permeable pavement, when entering into a contract for the purchase of unit concrete products, or for any construction or improvement project that requires the use of unit concrete products, including the replacement of impervious surfaces with permeable pavement. In the event that more than one bidder offers to use unit concrete products that utilize carbon footprint-reducing technology, the state department or agency shall award the contract to the lowest responsible bidder among them. 

     b.    The Division of Purchase and Property and the Division of Property Management and Construction, in consultation with the Department of Environmental Protection, shall develop and publish guidelines for implementing the preference pursuant to subsection a. of this section.  The guidelines shall encourage and promote, to the maximum extent practicable, the purchase and use of unit concrete products that utilize carbon footprint-reducing technology.  The guidelines shall conform to any standards or procedures established by the State Treasurer and the Department of Environmental Protection pursuant to section 10 of P.L.    , c.   (C.        )(pending before the Legislature as this bill).  Whenever any agency or department of State government purchases unit concrete products, or undertakes any construction or improvement project that requires the use of unit concrete products, the agency or department shall follow the guidelines therefor established by the director. 

     c.     In preparing the specifications for any contract for the purchase of unit concrete products, or for any construction or improvement project that requires the use of unit concrete products, the Director of the Division of Purchase and Property, the Director of the Division of Property Management and Construction, or any State agency having authority to contract for the purchase of goods or services shall include in the invitation to bid, where relevant, a statement that any response to the invitation that proposes or calls for the use of unit concrete products that utilize carbon footprint-reducing technology shall receive preference whenever possible. 

     d.    The provisions of this section shall not apply to:

     (1)   any binding contractual obligations for the purchase of goods or services entered into prior to the effective date of P.L.    , c.   (C.        )(pending before the Legislature as this bill);

     (2)   bid packages advertised and made available to the public, or to any competitive and sealed bids received by the State, prior to the effective date of P.L.    , c.   (C.        )(pending before the Legislature as this bill); or

     (3)   any amendment, modification, or renewal of a contract, which contract was entered into prior to the effective date of P.L.    , c.   (C.        )(pending before the Legislature as this bill) where the application would delay timely completion of a project or involve an increase in the total moneys to be paid by the State under that contract.  

     e.     As used in this section:

     “Permeable pavement” means a concrete product that allows rainwater to penetrate the pavement and percolate into the supporting soils and includes, but is not limited to, pervious concrete, permeable interlocking concrete pavers, and concrete grid pavers.    

     “Unit concrete product” means a concrete building product that is fabricated under controlled conditions separate and remote from the intended point of use and is produced in a wet cast or dry cast method in a factory setting and then transported to the location of intended use for installation, including, but not limited to, all concrete pavers, whether permeable or non-permeable, and concrete block.

     “Unit concrete product that utilizes carbon footprint-reducing technology” means a unit concrete product that is certified by the Department of Environmental Protection, or any independent third party authorized by the department, pursuant to section 10 of P.L.    , c.   (C.        )(pending before the Legislature as this bill), as generating at least 50 percent less carbon dioxide emissions in the production and utilization of the unit concrete product than conventional unit concrete products made with ordinary Portland cement. 

 

     7.    a.  Notwithstanding the provisions of any other law, rule, or regulation to the contrary, a local contracting unit shall, whenever possible, give preference to a bid that uses unit concrete products that utilize carbon footprint-reducing technology, which may include permeable pavers, when entering into a contract for the purchase of unit concrete products, or for any construction or improvement project that requires the use of unit concrete products, including the replacement of impervious surfaces with permeable pavement.  In the event that more than one bidder offers to use unit concrete products that utilize carbon footprint-reducing technology, the local contracting unit shall award the contract to the lowest responsible bidder among them.

     b.    The director, in consultation with the Department of Environmental Protection, shall develop and publish guidelines for implementing the preference pursuant to subsection a. of this section.  These guidelines shall encourage and promote, to the maximum extent practicable, the purchase and use of unit concrete products that utilize carbon footprint-reducing technology.  The guidelines shall conform to any standards or procedures established by the State Treasurer and the Department of Environmental Protection pursuant to section 10 of P.L.    , c.   (C.        )(pending before the Legislature as this bill).  Whenever a local contracting unit purchases unit concrete products, or undertakes any construction or improvement project that requires the use of unit concrete products, the local contracting unit shall follow the guidelines therefor established by the director. 

     c.     In preparing the specifications for a contract for the purchase of unit concrete products, or for any construction or improvement project that requires the use of unit concrete products, a local contracting unit shall include in the invitation to bid, including in the specifications for all contracts for county or municipal work or for work for which it will pay any part of the cost, or work which by contract or ordinance it will ultimately own and maintain, where relevant, a statement that any response to the invitation that proposes or calls for the use of unit concrete products that utilize carbon footprint-reducing technology shall receive preference whenever possible.   

     d.    No priority shall be granted pursuant to subsection a. of this section with respect to:

     (1)   any binding contractual obligations for the purchase of goods or services entered into prior to the effective date of P.L.    , c.   (C.        )(pending before the Legislature as this bill);

     (2)   bid packages advertised and made available to the public, or to any competitive and sealed bids received by the local contracting unit, prior to the effective date of P.L.    , c.   (C.        )(pending before the Legislature as this bill); or

     (3)   any amendment, modification, or renewal of a contract, which contract was entered into prior to the effective date of P.L.    , c.   (C.        )(pending before the Legislature as this bill) where the application would delay timely completion of a project or involve an increase in the total moneys to be paid by the local contracting unit under that contract.  

     e.     As used in this section:

     “Director” means the Director of the Division of Local Government Services in the Department of Community Affairs. 

     “Local contracting unit” means any public agency subject to the provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.), the "Public School Contracts Law," N.J.S.18A:18A-1 et seq., the "State College Contracts Law," P.L.1986, c.43 (C.18A:64-52 et seq.), or the "County College Contracts Law," P.L.1982, c.189 (C.18A:64A-25.1 et seq.).

     “Permeable pavement” means a concrete product that allows rainwater to penetrate the pavement and percolate into the supporting soils and includes, but is not limited to, pervious concrete, permeable interlocking concrete pavers, and concrete grid pavers.    

     “Unit concrete product” means a concrete building product that is fabricated under controlled conditions separate and remote from the intended point of use and is produced in a wet cast or dry cast method in a factory setting and then transported to the location of intended use for installation, including, but not limited to, all concrete pavers, whether permeable or non-permeable, and concrete block.

     “Unit concrete product that utilizes carbon footprint-reducing technology” means a unit concrete product that is certified by the Department of Environmental Protection, or any independent third party authorized by the department, pursuant to section 10 of P.L.    , c.   (C.        )(pending before the Legislature as this bill), as generating at least 50 percent less carbon dioxide emissions in the production and utilization of the unit concrete product than conventional unit concrete products made with ordinary Portland cement. 

 

     8.    a.  The Department of Transportation shall establish and implement a program to prioritize, to the greatest extent practicable as determined by the Commissioner of Transportation, the use of unit concrete products that utilize carbon footprint-reducing technology, which may include permeable pavement, in the design, construction, reconstruction, or repair of any public highway, parking lot, sidewalk, walkway, patio, or other public infrastructure project that requires the use of unit concrete products, or in the replacement of an impervious surface with permeable pavement, and that is funded in whole or in part from the “Special Transportation fund” established pursuant to section 21 of P.L.1984, c.73 (C.27:1B-21). 

     b.    As used in this section:

     “Permeable pavement” means a concrete product that allows rainwater to penetrate the pavement and percolate into the supporting soils and includes, but is not limited to, pervious concrete, permeable interlocking concrete pavers, and concrete grid pavers.    

     “Unit concrete product” means a concrete building product that is fabricated under controlled conditions separate and remote from the intended point of use and is produced in a wet cast or dry cast method in a factory setting and then transported to the location of intended use for installation, including, but not limited to, all concrete pavers, whether permeable or non-permeable, and concrete block.

     “Unit concrete product that utilizes carbon footprint-reducing technology” means a unit concrete product that is certified by the Department of Environmental Protection, or any independent third party authorized by the department, pursuant to section 10 of P.L.    , c.   (C.        )(pending before the Legislature as this bill), as generating at least 50 percent less carbon dioxide emissions in the production and utilization of the unit concrete product than conventional unit concrete products made with ordinary Portland cement.

     9.    a. Any person or entity that purchases unit concrete products, or that undertakes any construction or improvement that requires the use of unit concrete products, including the replacement of impervious surface with permeable pavement, the cost or contract price of which is financed, in whole or in part, by State funds, shall, as a condition of receiving State funds, use unit concrete products that utilize carbon footprint-reducing technology, provided that such utilization does not conflict with federal funding conditions.     

     b.    As used in this section:

     “Permeable pavement” means a concrete product that allows rainwater to penetrate the pavement and percolate into the supporting soils and includes, but is not limited to, pervious concrete, permeable interlocking concrete pavers, and concrete grid pavers.    

     “Unit concrete product” means a concrete building product that is fabricated under controlled conditions separate and remote from the intended point of use and is produced in a wet cast or dry cast method in a factory setting and then transported to the location of intended use for installation, including, but not limited to, all concrete pavers, whether permeable or non-permeable, and concrete block.

     “Unit concrete product that utilizes carbon footprint-reducing technology” means a unit concrete product that is certified by the Department of Environmental Protection, or any independent third party authorized by the department, pursuant to section 10 of P.L.    , c.   (C.        )(pending before the Legislature as this bill), as generating at least 50 percent less carbon dioxide emissions in the production and utilization of the unit concrete product than conventional unit concrete products made with ordinary Portland cement. 

 

     10.  a.  The Commissioner of Environmental Protection shall establish any standards and procedures necessary to implement the provisions of P.L.    , c.   (C.        )(pending before the Legislature as this bill), including, but not limited to, production and use standards, and a process for certifying whether the production and use of a unit concrete product generates at least 50 percent less carbon dioxide emissions than conventional unit concrete products made with ordinary Portland cement.  The Department of Environmental Protection shall consider a consensus evaluation and reporting standard developed by an independent private organization such as the International Organization for Standardization or the American National Standards Institute that creates a uniform system for self-evaluation and self-reporting by unit concrete product manufacturers, and shall give preference to a standard supported by the unit concrete product industry or industry associations. 

     b.    The State Treasurer, the Commissioner of Environmental Protection, and the Commissioner of Transportation may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations necessary to implement the provisions of P.L.    , c.   (C.        )(pending before the Legislature as this bill).

 

     11. This act shall take effect immediately. 

 

 

STATEMENT

 

     This bill would require developers to offer unit concrete products that utilize carbon footprint-reducing technology as an option in new construction, and establish various tax incentives, and State and local government purchasing preferences, for unit concrete products that utilize carbon footprint-reducing technology.

      Under the bill a “unit concrete product that utilizes carbon footprint-reducing technology” means a unit concrete product that is certified by the Department of Environmental Protection (DEP), or an independent third party authorized by the DEP, as generating at least 50 percent less carbon dioxide emissions in the production and utilization of the unit concrete product than conventional unit concrete products made with ordinary Portland cement.  A “unit concrete product” is a concrete building product that is fabricated under controlled conditions separate and remote from the intended point of use and is produced in a wet cast or dry cast method in a factory setting and then transported to the location of intended use for installation, including all concrete pavers, whether permeable or non-permeable, and concrete block. 

     The bill would require a developer, for any new construction that requires the use of unit concrete products, where technically feasible, to offer unit concrete products that utilize carbon footprint-reducing technology in the new construction.  This requirement would apply whenever a prospective purchaser enters into negotiations with a developer to construct or purchase a new residential dwelling or commercial building in the State.  Under the bill, the developer would be required to disclose, in any advertising or offer to construct a new residential dwelling or commercial building, certain information about the cost and environmental benefits of unit concrete products that utilize carbon footprint-reducing technology, and tax incentives available under the bill.  The bill would require the Commissioner of Community Affairs to publish educational materials concerning unit concrete products that utilize carbon footprint-reducing technology, and provide developers with information concerning the tax incentives established in the bill. 

     Under the bill, receipts from the sale of unit concrete products that utilize carbon footprint-reducing technology, including permeable pavement, used in the construction or improvement of any residential dwelling or commercial building in the State would be exempt from the State Sales and Use Tax.  The bill would also provide both corporation business tax credits and gross income tax credits for persons who purchase and install unit concrete products that utilize carbon footprint-reducing technology, including permeable pavement, in the construction or improvement of any residential dwelling or commercial building, or in the replacement of an impervious surface with permeable pavement.  The tax credit would be equal to $2.00 per square foot of qualified unit concrete products purchased and installed.  The value of the tax credits allowed under the bill would be capped at $3,000 for a residential property and $30,000 for a commercial property in a single privilege period.  In order to qualify for a tax credit, a person would be required to install at least 100 square feet of qualified unit concrete products. 

     The bill would require the Director of the Division of Purchase and Property, the Director of the Division of Property Management and Construction, and any State agency having authority to contract for the purchase of goods or services, wherever possible, to give preference to unit concrete products that utilize carbon footprint-reducing technology.  This requirement would apply whenever a State agency enters into a contract for the purchase of unit concrete products, or for any construction or improvement project that requires the use of unit concrete products, including the replacement of impervious surfaces with permeable pavement.  The Division of Purchase and Property and the Division of Property Management and Construction, in consultation with the DEP, would be required to publish guidelines for implementing this preference.   A State agency would be required to include in an invitation to bid, where relevant, a statement that any response to the invitation that proposes or calls for the use of unit concrete products that utilize carbon footprint-reducing technology will receive preference whenever possible. 

     The bill would also require a local contracting unit, whenever possible, to give preference to a bid that uses unit concrete products that utilize carbon footprint-reducing technology, including permeable pavers.  This requirement would apply whenever a local contracting units enters into a contract for the purchase of unit concrete products, or for any construction or improvement project that requires the use of unit concrete products, including the replacement of impervious surfaces with permeable pavement.  Under the bill, the Director of the Division of Local Government Services, in consultation with the DEP, would be required to publish guidelines for implementing the preference.  In preparing specification for a contract, a local unit would be required to include in an invitation to bid, where relevant, a statement that any response to the invitation that proposes or calls for the use of unit concrete products that utilize carbon footprint-reducing technology will receive preference whenever possible. 

     The bill would require the Department of Transportation to establish a implement a program to prioritize, to the greatest extent practicable, the use of unit concrete products that utilize carbon footprint-reducing technology, including permeable pavement, in the design, construction, reconstruction, or repair of any public transportation infrastructure project that is funded in whole or in part from the “Special Transportation fund” established pursuant to section 21 of P.L.1984, c.73 (C.27:1B-21).  The bill would also require any person or entity that purchases unit concrete products, or that undertakes any construction or improvement that requires the use of unit concrete products, including the replacement of impervious surface with permeable pavement, to use unit concrete products that utilize carbon footprint-reducing technology, if the project is financed, in whole or in part, with State funds. 

     Finally, the bill would require the Commissioner of Environmental Protection to establish any standards and procedures necessary to implement the bill, including a process for certifying whether a unit concrete product generates at least 50 percent less carbon dioxide emissions in the production and utilization of the unit concrete product than conventional unit concrete products made with ordinary Portland cement.  The DEP would be required to consider a consensus evaluation and reporting standard, developed by an independent private organization, that creates a uniform system for self-evaluation and self-reporting by unit concrete product manufacturers, and would give preference to a standard supported by the unit concrete product industry or industry associations. 

     Concrete is the most widely used constructional material in the world due to its low cost, strength, and durability.  The production of ordinary Portland cement, the critical ingredient in concrete, is responsible for almost eight percent of the world’s carbon dioxide emissions, and is a significant contributor to climate change.  Ordinary Portland cement requires significant amounts of energy to produce, resulting in high carbon dioxide emissions.  However, modern technology allows concrete to be produced utilizing less energy, and the emission of carbon dioxide from cement manufacturing can be greatly reduced by capturing and utilizing carbon dioxide in the unit concrete product manufacturing process, including the chemical reaction that results in strength and durability of concrete.  This process can sequester carbon dioxide in the unit concrete product or chemically transform the carbon dioxide into mineral form, embedding it into the concrete and preventing its release as a gas.  Unit concrete products that utilize carbon footprint-reducing technology can greatly reduce greenhouse gas emissions from the concrete and construction industries, and it is therefore in the public interest to incentivize their purchase and use.