A918

An Act requiring the New Jersey Economic Development Authority to establish a “High Performance Green Building Demonstration Project.”

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

1. This act shall be known and may be cited as the “High Performance Green Building Demonstration Project Act.”

2. The Legislature finds and declares that:

a. The Energy Master Plan, issued in October 2008, recommends that the State:

(1) maximize energy conservation and energy efficiency by authorizing the development of Statewide building codes requiring new construction to be at least 30 percent more energy efficient than buildings under the current State code, and by developing a strategy to achieve “net zero” carbon emitting buildings.

(2) surpass the current renewable energy portfolio standards by meeting 30 percent of the State’s electricity needs from renewable sources by 2020 through revision of the State’s 2020 goal for the proportion of overall electricity generation to be derived from solar energy sources from 2.12 percent to 2,120 gigawatts, and through increased support of other renewable energy technologies.

(3) invest in innovative clean energy technologies and businesses to stimulate the industry’s growth in New Jersey, including the expansion of the Edison Innovation Fund, and provide support to business incubators that support clean energy business development.

(4) establish pilot and demonstration projects that will enable the State to advance innovative technologies and alternative energy solutions that can monitor and measure results necessary to implement the new building codes and science standards recommended by the Energy Master Plan in order to achieve the goal of “net zero” carbon emissions.

b. Recent legislation, P.L.2007, c.269 (C.52:32-5.3 et seq.), requires that a new building having at least 15,000 square feet in total floor area that is to be constructed for the sole use of a State governmental entity after January 13, 2008, shall be designed and managed to meet standards for a “high performance green building.” Before implementing new energy and building code standards on a Statewide basis, however, it is prudent to establish a “High Performance Green Building Demonstration Project" by means of which such new building codes and energy efficiency standards can be studied and evaluated on a smaller scale before Statewide changes are implemented.

c. When establishing such a pilot or demonstration project, funding priority should be given to those projects that meet certain location, environmental impact and energy performance criteria.

3. As used in this act:

"High performance green building" means a building that is designed and constructed in a manner that achieves at least:

a. a silver rating according to the Leadership in Energy and Environmental Design Green Building Rating System as adopted by the United States Green Building Council; or

b. a comparable numeric rating according to a nationally recognized, accepted, and appropriate numeric sustainable development rating system, guideline, or standard as the Commissioner of Community Affairs, in consultation with the Commissioner of Environmental Protection, the Director of Energy Savings established pursuant to Executive Order No.11 of 2006, and the Board of Public Utilities, may designate by regulation.

A "high performance green building" shall not mean any free-standing parking facility, multiple use maintenance facility or storage facility.

“Tri-Pod” means an innovative design regime that takes a holistic approach to the construction of new buildings based on three components of high performance building science: a mass-wall building enclosure, balanced ventilation with energy recovery, and alternative energy sources.

4. a. The New Jersey Economic Development Authority, in consultation with the New Jersey Board of Public Utilities and the Department of Community Affairs, shall undertake a “High Performance Green Building Demonstration Project,” hereinafter the “demonstration project.” The authority shall designate a developer to undertake the construction of the demonstration project, which shall be located in a municipality that includes the following:

(1) a "redevelopment area" or "area in need of redevelopment" as those terms are defined in section 3 of P.L.1992, c.79 (C.40A:12A-3);

(2) an area designated as “Planning Area 1 (Metropolitan)” under the State Development and Redevelopment Plan established pursuant to section 5 of P.L.1985, c.398 (C.52:18A-200);

(3) an urban enterprise zone as designated pursuant to the "New Jersey Urban Enterprise Zones Act," P.L.1983, c.303 (C. 52:27H-60 et seq.);

(4) a “brownfield development area” as designated by the New Jersey Department of Environmental Protection pursuant to section 7 of P.L.2005, c.223 (C.58:10B-25.1); and

(5) a “Transit Village” as designated by the New Jersey Department of Transportation.

b. The purpose of the demonstration project shall be to demonstrate the feasibility of utilizing the Tri-Pod approach to the design of new buildings to achieve up to 90 percent energy efficiency, as compared to utilizing conventional building construction and science.

c. The demonstration project shall utilize renewable energy sources, including, by 2012, the powering of 70 percent of the demonstration project’s hot water needs via photovoltaic or thermal solar power and the powering of 70 percent of the demonstration project’s cooling needs and 30 percent of its heating needs with geothermal power.

5. The “High Performance Green Building Demonstration Project” is hereby authorized to receive funding and shall be given priority from the following sources:

a. Moneys received by the New Jersey Economic Development Authority from the “Global Warming Solutions Fund” established pursuant to section 6 of P.L.2007, c.340 (C.26:2C-50);

b. Moneys received by the Board of Public Utilities pursuant to section 12 of P.L.1999, c.23 (C.48:3-60); and

c. Moneys from the Edison Innovation Clean Energy Fund established by the New Jersey Commission on Science and Technology.

6. This act shall take effect immediately.

STATEMENT

This bill requires the New Jersey Economic Development Authority (“authority”), in consultation with the New Jersey Board of Public Utilities (“board”) and the Department of Community Affairs, to undertake a “High Performance Green Building Demonstration Project” (“demonstration project”).

Under the bill, the authority is to designate a developer to undertake the construction of the demonstration project, which shall be located in a municipality that includes the following: 1) a "redevelopment area" or "area in need of redevelopment" as those terms are defined in section 3 of P.L.1992, c.79 (C.40A:12A-3); 2) an area designated as “Planning Area 1 (Metropolitan)” under the State Development and Redevelopment Plan established pursuant to section 5 of P.L.1985, c.398 (C.52:18A-200); 3) an urban enterprise zone as designated pursuant to the "New Jersey Urban Enterprise Zones Act," P.L.1983, c.303 (C.52:27H-60 et seq.); 4) a “brownfields” site as classified by the New Jersey Department of Environmental Protection; and 5) a “Transit Village” as designated by the New Jersey Department of Transportation. According to the sponsor, a site in Jersey City meets these criteria.

The purpose of the demonstration project is to demonstrate the effectiveness of utilizing the “Tri-Pod” of high performance building science to achieve up to 90 percent energy efficiency, as compared to utilizing conventional building construction and science. “Tri-Pod” is defined in the bill as an innovative design regime that takes a holistic approach to the construction of new buildings based on three components of high performance building science: a mass-wall building enclosure, balanced ventilation with energy recovery, and alternative energy sources.

The demonstration project is to utilize renewable energy sources, including, by 2012, the powering of 70 percent of the demonstration project’s hot water needs via photovoltaic or thermal solar power and the powering of 70 percent of the demonstration project’s cooling needs and 30 percent of its heating needs with geothermal power.

The bill directs the authority to provide financing for the demonstration project from the amount of moneys allocated to the authority from the Global Warming Solutions Fund, as authorized under section 7 of P.L.2007, c.340 (C.26:2C-51), moneys received by the Board of Public Utilities pursuant to section 12 of P.L.1999, c.23 (C.48:3-60), and moneys from the Edison Innovation Clean Energy Fund as established by the New Jersey Commission on Science and Technology.