Bill Text: NJ A2580 | 2014-2015 | Regular Session | Amended
Bill Title: Provides for priority consideration, by DCA, DEP, DOT, and municipalities, of permit applications for green building projects.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Engrossed - Dead) 2015-11-09 - Reported from Senate Committee, 2nd Reading [A2580 Detail]
Download: New_Jersey-2014-A2580-Amended.html
ASSEMBLY, No. 2580
STATE OF NEW JERSEY
216th LEGISLATURE
INTRODUCED FEBRUARY 10, 2014
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 reported by the Assembly Environment and Solid Waste Committee on December 11, 2014, with amendments.
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 1[d.] c.1 of this section.
b. 1[Except as otherwise provided pursuant to paragraph (1) of subsection c. of this section, as used in this section, a] A1 project shall qualify as a "green building project" if the project is designed 1[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.] in accordance with the green building manual prepared by the Commissioner of Community Affairs pursuant to section 1 of P.L.2007, c.132 (C.52:27D-130.6).
c.1 An application receiving priority pursuant to subsection a. of this section shall include a letter from a licensed architect or engineer 1[identifying the rating system, standard, or guideline by which] describing how1 the project qualifies as a green building project pursuant to subsection b. of this section. The letter shall 1[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] include documentation demonstrating how the project qualifies as a green building project1 .
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 1[d.] c.1 of this section.
b. 1[Except as otherwise provided pursuant to paragraph (1) of subsection c. of this section, as used in this section, a] A1 project shall qualify as a "green building project" if the project is designed 1[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.] in accordance with the green building manual prepared by the Commissioner of Community Affairs pursuant to section 1 of P.L.2007, c.132 (C.52:27D-130.6).
c.1 An application receiving priority pursuant to subsection a. of this section shall include a letter from a licensed architect or engineer 1[identifying the rating system, standard, or guideline by which] describing how1 the project qualifies as a green building project pursuant to subsection b. of this section. The letter shall 1[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] include documentation demonstrating how the project qualifies as a green building project1 .
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 1[d.] c.1 of this section.
b. 1[Except as otherwise provided pursuant to paragraph (1) of subsection c. of this section, as used in this section, a] A1 project shall qualify as a "green building project" if the project is designed 1[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.] in accordance with the green building manual prepared by the Commissioner of Community Affairs pursuant to section 1 of P.L.2007, c.132 (C.52:27D-130.6).
c.1 An application receiving priority pursuant to subsection a. of this section shall include a letter from a licensed architect or engineer 1[identifying the rating system, standard, or guideline by which] describing how1 the project qualifies as a green building project pursuant to subsection b. of this section. The letter shall 1[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] include documentation demonstrating how the project qualifies as a green building project1.
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 1[d.] c.1 of this section.
b. 1[Except as otherwise provided pursuant to paragraph (1) of subsection c. of this section, as used in this section, a] A1 project shall qualify as a "green building project" if the project is designed 1[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.] in accordance with the green building manual prepared by the Commissioner of Community Affairs pursuant to section 1 of P.L.2007, c.132 (C.52:27D-130.6).
c.1 An application receiving priority pursuant to subsection a. of this section shall include a letter from a licensed architect or engineer 1[identifying the rating system, standard, or guideline by which] describing how1 the project qualifies as a green building project pursuant to subsection b. of this section. The letter shall 1[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] include documentation demonstrating how the project qualifies as a green building project1 .
5. This act shall take effect immediately.
