Bill Text: NJ S3066 | 2024-2025 | Regular Session | Introduced
Bill Title: The "Healthy and Affordable Construction for Tomorrow Act."
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-04-08 - Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee [S3066 Detail]
Download: New_Jersey-2024-S3066-Introduced.html
Sponsored by:
Senator RAJ MUKHERJI
District 32 (Hudson)
SYNOPSIS
The "Healthy and Affordable Construction for Tomorrow Act."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning standards for certain emissions within newly constructed structures and supplementing P.L.1975, c.217 (C.52:27D-119 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. P.L. , c. (C. ) (pending before the Legislature as this bill) shall be known and may be cited as the "Healthy and Affordable Construction for Tomorrow Act."
2. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"All-electric ready" means a building or structure, project, or portion thereof, that contains electrical systems and designs that provide sufficient capacity for a future retrofit of a mixed-fuel building or structure to an all-electric building or structure, including sufficient space, drainage, electrical conductors or raceways, bus bar capacity, and overcurrent protective devices for such retrofit.
"Qualifying substance" means a substance that, when combusted, emits 25 kilograms or more of carbon dioxide per million British thermal units of energy, as determined by the United States Energy Information Administration.
3. a. Notwithstanding any other provision of law to the contrary, the Commissioner of Community Affairs shall amend the State Uniform Construction Code in accordance with the following requirements:
(1) On and after the first day of the 12th month next following the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the code shall prohibit the combustion of any qualifying substance in a new building or structure that is less than seven stories in height.
(2) On and after the first day of the 36th month next following the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the code shall prohibit the combustion of any qualifying substance in new buildings or structures, regardless of height.
(3) No enforcing agency shall issue a certificate of occupancy pursuant to section 15 of P.L.1975, c.217 (C.52:27D-133), following the effective date of the prohibitions in this subsection, unless the building or structure complies with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. (1) Notwithstanding the provisions of subsection a. of this section, the code shall exempt:
(a) systems for emergency back-up power and standby power systems;
(b) emergency management facilities; and
(c) buildings or structures specifically designated for occupancy by a commercial food establishment.
(2) The code shall limit, for a building or structure that is granted an exemption pursuant to paragraph (1) of this subsection, the combustion of a qualifying substance to the system and areas of a building or structure for which compliance with subsection a. of this section is infeasible. The code shall require, to the fullest extent feasible, that an area or service within the building or structure described in this paragraph be all-electric ready, where there exists the combustion of any qualifying substance.
(3) Financial considerations shall not constitute a sufficient basis to determine physical or technical infeasibility.
(4) Exemptions provided by the code pursuant to paragraph (1) of this subsection shall be reviewed by the commissioner during each major code update cycle to determine whether the exemption remains necessary.
4. On or before the first day of the 12th month next following the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the Commissioner of Community Affairs and the President of the New Jersey Board of Public Utilities shall submit a joint report to the Governor, and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, which shall contain information regarding what changes to electric rate designs, new or existing subsidy programs, statutes, rules, regulations, or policies are necessary since the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill).
5. Notwithstanding section 5 of P.L.1983, c.496 (C.52:27D-123.1), any other provision of the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), or regulations promulgated pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), nothing in P.L. , c. (C. ) (pending before the Legislature as this bill) shall be interpreted or otherwise construed as preempting a municipality from prohibiting infrastructure, building systems, or equipment that uses or combusts fossil fuels or any qualifying substances, or from prescribing standards that are more restrictive than P.L. , c. (C. ) (pending before the Legislature as this bill) for infrastructure, building systems, or equipment that uses or combusts fossil fuels or any qualifying substance.
6. The commissioner shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations as necessary to implement the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).
7. This act shall take effect on the first day of the third month next following the date of enactment, except that the commissioner may take anticipatory action necessary to effectuate the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).
STATEMENT
This bill, known as the "Healthy and Affordable Construction for Tomorrow Act," requires the Commissioner of Community Affairs (commissioner) to amend the State Uniform Construction Code (code) to prohibit the combustion of substances exceeding certain emissions levels of carbon dioxide in certain new buildings or structures.
In New Jersey, the electrification of buildings and structures protects the environment, reduces greenhouse gas emissions, significantly impacts indoor air quality, protects the public health, and creates substantial savings for New Jersey residents in utility costs. Exposure to indoor air pollutants released by the combustion of natural gas and other similar substances can have severe, adverse effects on public health, including children. These potential health effects which include: premature mortality, lung and breast cancer, asthma, brain and heart toxicity, sleep disorders, birth defects, and neurological disorders. These effects are the highest for apartments due to smaller residence size, which disproportionately affects vulnerable, low-income renters in this State.
Further, electrification lowers air pollution and reduces greenhouse gases, which are driving the current climate crisis. Across the country, crop yields are dropping, fires are destroying vulnerable communities, and the planet is experiencing the warmest years on record. Transitioning from natural gas and energy sources that significantly contribute to our current crisis is critical to ensure that the environment, and our communities, are protected for both present and future generations.
In addition to severe health risks and crippling danger to our environment associated with the use of natural gas, electrification creates substantial savings for New Jersey residents, who could save up to 41 percent for utilities, while gas rates are expected to rise 35 percent by 2030. Further, not only is it less expensive to build homes with high energy efficiency mechanicals and appliances, across the country on clothes dryers alone, Americans could save more than $1.5 billion each year in utility costs if certain electric appliances were utilized instead of natural gas.
Therefore, it is necessary to reduce New Jersey's reliance on natural gas that causes severe health effects and cripples the environment, in order to protect the public health and our planet, reduce greenhouse gas emissions, create substantial savings for New Jersey residents on utility costs, and foster the electrification of new buildings and structures.
The bill prohibits, in any new building or structure of less than seven stories, the combustion of any qualifying substance beginning 12 months after the bill's enactment. The bill extends this prohibition to include all new buildings or structures, regardless of height, beginning 36 months after the date of enactment. These prohibitions are subject to exceptions provided in the bill. The bill defines the term "qualifying substance" to mean a substance that, when combusted, emits 25 kilograms or more of carbon dioxide per million British thermal units of energy, as determined by the United States Energy Information Administration.
Following the applicable date of the requirements set forth in the bill, the bill prohibits the issuance of a certificate of occupancy for any noncompliant building or structure.
The bill requires the code to provide exemptions from the requirements of the bill for:
(1) systems for emergency back-up power and standby power systems;
(2) emergency management facilities; and
(3) buildings or structures specifically designated for occupancy by a commercial food establishment.
The code is required to limit, where an exemption is provided, the combustion of a qualifying substance to the system and areas of a building or structure for which compliance with the requirements is infeasible. The code is also to require to the fullest extent feasible, that an area or service within the building or structure, where there exists the combustion of any qualifying substance, be all-electric ready, as defined in the bill.
The bill provides that financial considerations are not to constitute a sufficient basis to determine physical or technical infeasibility, and exemptions granted by the code are to be reviewed by the commissioner during each major code update cycle to determine whether the exemption remains necessary. The bill also provides that nothing in the bill is to be construed or interpreted as preempting a municipality from prohibiting infrastructure, building systems, or equipment that uses or combusts fossil fuels or any qualifying substances, or from prescribing standards that are more restrictive than the bill for infrastructure, building systems, or equipment that uses fossil fuels or any qualifying substances.
The bill further requires the
commissioner and the President of the New Jersey Board of Public Utilities to
submit a joint report to the Governor and Legislature concerning what changes
to electric rate designs, new or existing subsidy programs, statutes, rules,
regulations, or policies are necessary since the date of enactment of the bill.
The bill is to take effect on the first day of the third month next following the date of enactment, except the commissioner is permitted to take anticipatory action necessary to effectuate the provisions of the bill.
