Bill Text: NJ A1156 | 2012-2013 | Regular Session | Introduced
Bill Title: Creates Office of Energy Savings to implement program to improve energy efficiency and conservation for all State agencies.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly Environment and Solid Waste Committee [A1156 Detail]
Download: New_Jersey-2012-A1156-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblywoman PAMELA R. LAMPITT
District 6 (Burlington and Camden)
Assemblyman UPENDRA J. CHIVUKULA
District 17 (Middlesex and Somerset)
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
SYNOPSIS
Creates Office of Energy Savings to implement program to improve energy efficiency and conservation for all State agencies.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning energy savings, and amending and supplementing parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) This act shall be known and may be cited as the "Energy Savings Act."
2. (New section) The Legislature finds and declares that New Jersey is a national leader in promoting energy efficiency, renewable energy, and environmental protection and is dedicated to reducing energy usage, which decreases emissions of greenhouse gasses and improves the health and welfare of the State's citizens; and that increasing greenhouse gas emissions have been documented to result in global warming that is causing a rise in sea level, which in turn will affect the natural resources of the 127 miles of New Jersey's coast and negatively impact billions of dollars of existing infrastructure.
The Legislature further finds and declares that New Jersey State government controls hundreds of buildings throughout the State and spends nearly $128 million annually on energy for its various facilities; that establishing the Office of Energy Savings within the Department of the Treasury will assist in reducing the State's energy expenses and benefit the environment; and that reducing energy usage through energy efficiency and increased use of renewable energy will improve the State's economy by exerting downward pressure on natural gas prices and otherwise lowering the cost of energy, creating local jobs, and stemming the flow of energy dollars to out-of-state entities.
The Legislature further finds and declares that energy savings and environmental protection gains can be achieved through changes in the purchasing patterns of State government, which wields considerable purchasing power; that the increased purchase of energy efficient, less toxic, and recycled products and services by State government is considered one of the best ways to bolster these markets, as well as the economic viability of New Jersey; and that State government should assume a leadership role in promoting the efficient use of energy and natural resources in the interest of long-term protection and enhancement of the State's natural beauty.
The Legislature therefore determines that it is the public policy of the State of New Jersey to provide for the efficient use of energy and natural resources through the creation of the Office of Energy Savings which shall be responsible for implementing a program to increase energy efficiency, reduce energy usage, and improve the procurement of energy for all State facilities, all as hereinafter provided.
3. (New section) a. There is established in the Department of the Treasury the Office of Energy Savings. The office shall be under the immediate supervision of the Director of Energy Savings. The Director of Energy Savings shall be appointed by the Governor, with the advice and consent of the Senate, and shall report to the State Treasurer. The Director of Energy Savings and all employees necessary to implement the provisions of this act as determined by the State Treasurer may be members of the unclassified service of the State. The office shall be responsible for the implementation of the provisions of this act.
b. The Director of Energy Savings shall be responsible for implementing a program to increase energy efficiency, reduce energy usage, and improve the procurement of energy for all State facilities. The Director of Energy Savings shall:
(1) Develop, in conjunction with the Community College Consortium for Workforce and Economic Development, a system of standardized energy audits for use by the State;
(2) Oversee standardized energy audits to be conducted at State buildings, centers, and facilities and subsequent implementation of the recommendations contained in the audits in the most cost-effective manner available. These standardized audits shall, at a minimum, analyze energy efficiencies and the feasibility of installing on-site renewable energy systems that can be cost-effectively implemented with a 10-year payback period;
(3) Provide an annual report to the Governor outlining the environmental results and cost savings to the State;
(4) Take the action necessary to enable the State to partake in the bulk purchase and energy contract program to maximize the State's purchasing power;
(5) Assist in implementing the procurement practices set forth in the provisions of this act;
(6) Work with the New Jersey Economic Development Authority, the Governor's Office of Economic Growth, the New Jersey Commission on Science and Technology, and the Board of Public Utilities to develop a plan for promoting economic development around renewable energy and advanced energy technologies;
(7) Coordinate with the agencies that own, lease, occupy or maintain State buildings to implement immediate energy efficiency practices;
(8) Evaluate and determine whether the State should participate in the Clean Power Choice program established by the Board of Public Utilities; and
(9) Review the current State vehicle fleet, within the context of current federal and State standards, to determine whether more fuel efficient vehicles may be purchased.
4. (New section) a. Each State agency shall appoint or reappoint, within 30 days of the effective date of this act, a coordinator from the agency procurement staff who will be responsible for coordinating with the Director of Energy Savings and the Division of Purchase and Property in the Department of the Treasury for the procurement by the State agency of energy, energy efficient products and equipment, renewable energy products, recycled products, low toxicity products and alternatives to products that contain mercury, lead, or other persistent bioaccumulative toxics, and other products manufactured through environmentally sustainable methods. The coordinator's responsibility is to ensure agency compliance with the provisions of this act. Those State agencies with independent procurement authority shall consult with the Division of Purchase and Property as well as the Director of Energy Savings in accordance with the requirements of this act to ensure Statewide adherence thereto.
b. Each State agency, when purchasing products in the product categories set forth in section 5 of this act, shall purchase the recycled products listed in that section, provided the recycled products are competitive. In connection with such purchases, consideration shall be given to recycled products containing the highest percentage of post-consumer waste material.
For the purposes of this section, "competitive" means of comparable quality and available at a price no more than 15% above the price arrived at through competitive bid.
c. Each State agency shall print all publications and documents, including those publications and documents printed under the supervision of the State agency, on recycled paper, unless the State agency cannot procure a sufficient quantity of competitive recycled paper. The phrase "printed on recycled paper," "recycled paper" or words or symbols to that effect shall be imprinted on the publication or document.
d. State agencies, to the maximum extent practicable and feasible, shall use both sides of the paper stock, commonly known as two-sided or duplex copies, when producing or copying documents.
e. In all product procurements, State agencies, to the maximum extent practicable and feasible, shall purchase low toxicity products, PBT-free or reduced-PBT products, and other products manufactured through environmentally sustainable methods. In cases in which a PBT-free alternative is not available, the State agency shall include specifications to encourage product manufacturers to take back and recycle used PBT-containing products.
5. (New section) Each State agency, to the maximum extent practicable and feasible, shall purchase recycled products listed in the following product categories:
Construction Products - Unless otherwise noted, in accordance with the United States Environmental Protection Agency (hereinafter referred to as "EPA") Comprehensive Procurement Guidelines developed pursuant to Federal Executive Order 13101:
Asphalt pavement or asphalt pavement patching materials made with recycled asphalt shingles - New Jersey Department of Transportation (hereinafter referred to as "NJDOT") specification;
Building insulation products;
Carpet;
Carpet cushion;
Cement and concrete;
Consolidated and reprocessed latex paint;
Floor tiles;
Flowable fill;
Glassphalt - NJDOT specification;
Laminated paperboard;
Patio blocks;
Railroad grade crossing surfaces;
Reclaimed asphalt pavement (RAP) - NJDOT specification;
Recycled concrete aggregate (RCA) - NJDOT specification;
Recycled plastic lumber - American Society for Testing and Materials specification;
Rubber modified asphalt;
Shower and restroom dividers or partitions;
Structural fiberboard.
Landscaping Products - Unless otherwise noted, in accordance with EPA's Comprehensive Procurement Guidelines developed pursuant to Federal Executive Order 13101:
Garden and soaker hoses;
Hydraulic mulch;
Lawn and garden edging;
Mulch, compost and other soil amendments made from municipal solid waste, sludge, yard waste, food waste, clean wood scrap and other organic materials - Department of Environmental Protection solid waste and recycling rules;
Plastic lumber landscaping timbers and posts.
Nonpaper Office Products - In accordance with EPA's Comprehensive Procurement Guidelines developed pursuant to Federal Executive Order 13101:
Binders, clipboards, file folders, clip portfolios, and presentation folders;
Office recycling containers;
Office waste receptacles;
Plastic desktop accessories;
Plastic envelopes;
Plastic trash bags;
Printer ribbons;
Toner cartridges;
Soy-based inks.
Paper and Paper Products - In accordance with EPA's Comprehensive Procurement Guidelines developed pursuant to Federal Executive Order 13101:
Commercial or industrial sanitary tissue products;
Miscellaneous papers;
Newsprint;
Paperboard and packaging products;
Printing and writing papers.
Park and Recreation Products - In accordance with EPA's Comprehensive Procurement Guidelines developed pursuant to Federal Executive Order 13101:
Park benches and picnic tables;
Plastic fencing;
Playground equipment;
Playground surfaces;
Running tracks.
Transportation Products - Unless otherwise noted, in accordance with EPA's Comprehensive Procurement Guidelines developed pursuant to Federal Executive Order 13101:
Channelizers;
Delineators - NJDOT specification;
Flexible delineators;
Parking stops;
Traffic barricades;
Traffic cones - NJDOT specification.
Miscellaneous Products - In accordance with EPA's Comprehensive Procurement Guidelines developed pursuant to Federal Executive Order 13101:
Awards and plaques;
Industrial drums;
Manual-grade strapping;
Mats;
Pallets;
Signage;
Sorbents.
6. (New section) a. In creating any new specification, and prior to the renewal of any expired specification, each State agency shall revise or eliminate any standards or provisions unrelated to performance that present barriers to the purchase of recycled paper products. All unnecessary brightness standards or their equivalents for paper and paper products shall be lowered to remove any impediments that these standards may pose to the purchase of recycled paper or recycled paper products.
b. In creating any new specification, and prior to the renewal of any expired specification, each State agency shall revise or eliminate any standards or provisions unrelated to performance that present barriers to the purchase of recycled products, energy efficient products, renewable energy products, low toxicity products and alternatives to products that contain persistent bioaccumulative toxics, and other products manufactured through environmentally sustainable methods.
7. (New section) The Director of the Division of Purchase and Property shall have the authority to extend any existing contracts under their current terms when the Director of Energy Savings determines that the extension is in the best interest of the State.
8. (New section) Each State agency shall submit an annual report to the Division of Purchase and Property by August 31 of each year that details the types, volume and dollar amounts of recycled products, energy efficient products, renewable energy products, low toxicity products and alternatives to products that contain persistent bioaccumulative toxics, and other products manufactured through environmentally sustainable methods purchased during the previous fiscal year. This report shall be submitted either electronically or on paper in accordance with subsections c. and d. of section 4 of this act.
9. (New section) State agencies shall transition to energy efficient products and equipment, renewable energy products, recycled products, low toxicity products and alternatives to products that contain persistent bioaccumulative toxics, and other products manufactured through environmentally sustainable methods as soon as possible but in a manner that avoids wasting of existing inventories and allows the phase-out of products inconsistent with the provisions of this act.
10. (New section) The Office of Clean Energy in the Board of Public Utilities and the Department of Environmental Protection shall provide technical assistance to the Director of Energy Savings, State agency coordinators, and the Division of Purchase and Property in support of implementing the provisions of this act and shall promote innovative research and development to identify new recycled products, energy efficient products, renewable energy products, low toxicity products and alternatives to products that contain persistent bioaccumulative toxics, and other products manufactured through environmentally sustainable methods to be purchased by State agencies.
11. (New section) The provisions of this act shall not apply whenever inclusion in a contract of a provision or provisions of this act would violate the terms, conditions, or limitations of any grant, funding or financial assistance from the federal government or any agency thereof.
12. Section 19 of P.L.1987, c.102 (C.13:1E-99.27) is amended to read as follows:
19. a. (1) On or after December 1, [1992] 2007, not less than [55%] 70% of the total dollar amount of paper or paper products purchased by the State shall be made from recycled paper or recycled paper products having a total weight consisting of not less than 50% secondary waste paper material and with not less than 10% of its total weight consisting of post-consumer waste material.
(2) On or after July 1, [1993] 2008, not less than [60%] 75% of the total dollar amount of paper or paper products purchased by the State shall be made from recycled paper or recycled paper products having a total weight consisting of not less than 50% secondary waste paper material and with not less than 15% of its total weight consisting of post-consumer waste material.
(3) On or after January 1, [1995] 2009, not less than [65%] 80% of the total dollar amount of paper or paper products purchased by the State shall be made from recycled paper or recycled paper products having a total weight consisting of not less than 50% secondary waste paper material and with not less than 25% of its total weight consisting of post-consumer waste material; except that high-grade office paper, fine paper, bond paper, offset paper, xerographic paper, mimeo paper and duplicator paper shall be made from recycled paper having a total weight consisting of not less than 50% secondary waste paper material and with not less than 15% of its total weight consisting of post-consumer waste material.
Priority procurement consideration shall be given to recycled paper or recycled paper products with the highest percentage of post-consumer waste material.
b. The Director of the Division of Purchase and Property, after formal advertisement and solicitation of proposals for recycled paper or recycled paper products, and having received no competitive proposals for recycled paper or recycled paper products, upon consultation with the Director of Energy Savings in the Department of the Treasury, may award the contract for paper or paper products manufactured or produced from virgin paper products in the manner prescribed by law. Any award or contract made for virgin paper products shall not relieve the director of any future obligation to purchase recycled paper or recycled paper products as provided in subsection a. of this section. For the purposes of this section, "competitive" means [a price no more than 10% above the price of items which are manufactured or produced from virgin paper products; except that the director, upon consultation with the department, may make contracts available for recycled paper or recycled paper products at a price no more than 15% above the price of virgin paper products whenever the director determines that a 15% price preference is in the best interest of the State] of comparable quality and available at a price no more than 15% above the price arrived at through competitive bid.
(cf: P.L.1993, c.109, s.4)
13. Section 5 of P.L.1993, c.109 (C.13:1E-99.27a) is amended to read as follows:
5. In purchasing any nonpaper finished products or supplies for use by the various agencies and departments of the State government or for any county, municipality or school district pursuant to P.L.1969, c.104 (C.52:25-16.1 et al.), the Director of the Division of Purchase and Property, upon consultation with the department and the Director of Energy Savings, may make contracts available for those products or supplies made from recycled material whenever the director determines that [such] the items meet performance standards set forth in applicable product specifications and are [available at a reasonable price] competitive. For the purposes of this section, ["reasonable" means a price no more than 15% above the price of items which are manufactured or produced from raw materials] "competitive" means of comparable quality and available at a price no more than 15% above the price arrived at through competitive bid.
Preference shall be given to
recycled products with the highest
percentage of post-consumer waste material.
(cf: P.L.1993, c.109, s.5)
14. Section 20 of P.L.1987, c.102 (C.13:1E-99.28) is amended to read as follows:
20. The provisions of R.S.27:2-1 et seq. or any rules and regulations adopted pursuant thereto to the contrary notwithstanding, the Commissioner of Transportation shall, upon consultation with the department and the Director of Energy Savings, review and modify all bid and paving material and sub base specifications relating to the purchase of recyclable asphalt pavement, crushed concrete sub base, foundry slag and paving materials utilizing recycled materials, including, but not limited to, crumb rubber from automobile tires, ash, glass and glassy aggregates, to provide that the specifications encourage the maximum purchase of recyclable asphalt pavement and paving materials utilizing recycled materials.
The Commissioner of Transportation, to the maximum extent practicable and feasible, shall purchase recyclable asphalt pavement and paving materials utilizing recycled materials in accordance with the specifications set forth in section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.1987, c.102, s.20)
15. Section 21 of P.L.1987, c.102 (C.13:1E-99.29) is amended to read as follows:
21. The provisions of R.S. 27:2-1 et seq. or any rules and regulations adopted pursuant thereto to the contrary notwithstanding, the Commissioner of Transportation shall, upon consultation with the department and the Director of Energy Savings, review and modify if necessary all bid specifications relating to the purchase of asphalt or recycled asphalt pavement to provide that the specifications encourage the use of fuel derived from waste oil as a furnace or boiler fuel by manufacturers of asphalt or recycled asphalt pavement.
(cf: P.L.1987, c.102, s.20)
16. This act shall take effect immediately.
STATEMENT
This bill would codify major portions of Executive Order No. 11 signed by the Governor on April 22, 2006. Specifically, the bill would establish the Office of Energy Savings in the Department of the Treasury. The office would be under the immediate supervision of the Director of Energy Savings. The Director of Energy Savings would be appointed by the Governor, with the advice and consent of the Senate, and would report to the State Treasurer.
The Director of Energy Savings would be responsible for implementing a program to increase energy efficiency, reduce energy usage, and improve the procurement of energy for all State facilities.
Under the bill, the Director of Energy Savings is required to:
(1) Oversee standardized energy audits to be conducted at State buildings, centers, and facilities and subsequent implementation of the recommendations contained in the audits in the most cost-effective manner available. These standardized audits shall, at a minimum, analyze energy efficiencies and the feasibility of installing on-site renewable energy systems that can be cost-effectively implemented with a 10-year payback period;
(2) Provide an annual report to the Governor outlining the environmental results and cost savings to the State;
(3) Take the action necessary to enable the State to partake in the bulk purchase and energy contract program to maximize the State's purchasing power;
(4) Assist in implementing the procurement practices set forth in the provisions of the bill;
(5) Work with the New Jersey Economic Development Authority, the Office of Economic Growth, the New Jersey Commission on Science and Technology, and the Board of Public Utilities to develop a plan for promoting economic development around renewable energy and advanced energy technologies;
(6) Coordinate with the agencies that own, lease, occupy or maintain State buildings to implement immediate energy efficiency practices;
(7) Evaluate and determine whether the State should participate in the Clean Power Choice program established by the Board of Public Utilities; and
(8) Review the current State vehicle fleet, within the context of current federal and State standards, to determine whether more fuel efficient vehicles may be purchased.
Each State agency must appoint or reappoint a coordinator from the agency procurement staff who will be responsible for coordinating with the Director of Energy Savings and the Division of Purchase and Property for the procurement by the State agency of energy, energy efficient products and equipment, renewable energy products, recycled products, low toxicity products and alternatives to products that contain mercury, lead, or other persistent bioaccumulative toxics (PBTs), and other products manufactured through environmentally sustainable methods. The coordinator's responsibility is to ensure agency compliance with the provisions of the bill. Those State agencies with independent procurement authority must consult with the Division of Purchase and Property as well as the Director of Energy Savings in accordance with the requirements of the bill to ensure Statewide adherence thereto.
Each State agency, when purchasing products in the product categories set forth in section 5 of the bill, must purchase the recycled products listed in that section, provided the recycled products are competitive. In connection with such purchases, consideration must be given to recycled products containing the highest percentage of post-consumer waste material. "Competitive" is defined as of comparable quality and available at a price no more than 15% above the price arrived at through competitive bid.
Each State agency must print all publications and documents, including those publications and documents printed under the supervision of the State agency, on recycled paper, unless the State agency cannot procure a sufficient quantity of competitive recycled paper. The phrase "printed on recycled paper," "recycled paper" or words or symbols to that effect must be imprinted on the publication or document.
State agencies, to the maximum extent practicable and feasible, must use both sides of the paper stock, commonly known as two-sided or duplex copies, when producing or copying documents.
In all product procurements, State agencies, to the maximum extent practicable and feasible, must purchase low toxicity products, PBT-free or reduced-PBT products, and other products manufactured through environmentally sustainable methods. In cases in which a PBT-free alternative is not available, the State agency shall include specifications to encourage product manufacturers to take back and recycle used PBT-containing products.
In creating any new specification, and prior to the renewal of any expired specification, each State agency must revise or eliminate any standards or provisions unrelated to performance that present barriers to the purchase of recycled paper products. All unnecessary brightness standards or their equivalents for paper and paper products must be lowered to remove any impediments that these standards may pose to the purchase of recycled paper or recycled paper products.
In creating any new specification, and prior to the renewal of any expired specification, each State agency must revise or eliminate any standards or provisions unrelated to performance that present barriers to the purchase of recycled products, energy efficient products, renewable energy products, low toxicity products and alternatives to products that contain PBTs, and other products manufactured through environmentally sustainable methods.
The Director of the Division of Purchase and Property would have the authority to extend any existing contracts under their current terms when the Director of Energy Savings determines that the extension is in the best interest of the State.
Each State agency must submit an annual report to the Division of Purchase and Property by August 31 of each year that details the types, volume and dollar amounts of recycled products, energy efficient products, renewable energy products, low toxicity products and alternatives to products that contain PBTs, and other products manufactured through environmentally sustainable methods purchased during the previous fiscal year.
State agencies must transition to energy efficient products and equipment, renewable energy products, recycled products, low toxicity products and alternatives to products that contain PBTs, and other products manufactured through environmentally sustainable methods as soon as possible but in a manner that avoids wasting of existing inventories and allows the phase-out of products inconsistent with the provisions of the bill.
The Office of Clean Energy in the Board of Public Utilities and the Department of Environmental Protection must provide technical assistance to the Director of Energy Savings, State agency coordinators, and the Division of Purchase and Property in support of implementing the provisions of the bill and must promote innovative research and development to identify new recycled products, energy efficient products, renewable energy products, low toxicity products and alternatives to products that contain PBTs, and other products manufactured through environmentally sustainable methods to be purchased by State agencies.
The provisions of the bill would not apply whenever inclusion in a contract of any of the bill's provisions would violate the terms, conditions, or limitations of any grant, funding or financial assistance from the federal government or any agency thereof.
The bill would also revise the "New Jersey Statewide Mandatory Source Separation and Recycling Act," P.L.1987, c.102 (C.13:1E-99.11 et al.) to require that an increased percentage of the total dollar amount of the State's paper and paper products purchase be spent on recycled paper and recycled paper products, provided that these items are available at a competitive price.
The bill would mandate that not less than 70% of the total dollar amount of paper or paper products purchased by the State be made from recycled paper or recycled paper products by December 1, 2007, not less than 75% by July 1, 2008, and not less than 80% by January 1, 2009.
The bill would also provide that in purchasing any nonpaper finished products or supplies for use by the various public agencies, the Director of the Division of Purchase and Property, upon consultation with the Department of Environmental Protection and the Director of Energy Savings, may make contracts available for those products or supplies made from recycled material whenever the Director of Purchase and Property determines that these items are available at a competitive price.
The bill would also provide that the Commissioner of Transportation, to the maximum extent practicable and feasible, must purchase recyclable asphalt pavement and paving materials utilizing recycled materials in accordance with the specifications set forth in section 5 of the bill.
