S1149

An Act concerning priority consideration of permit applications for green building projects and supplementing P.L.1975, c.291 and Titles 13, 27, and 52 of the Revised Statutes.

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

1. a. A governing body of a municipality may enact an ordinance requiring a municipal agency to provide priority consideration, to the extent practicable as determined by the governing body, 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 c. of this section.

b. A project may qualify as a “green building project” if the project has documented incorporation of site, water, energy, and resource efficiency measures and demonstrable practices to promote the health and well-being of the building occupants. Documentation shall be submitted pursuant to subsection c. of this section demonstrating that the project has been registered for certification under the Leadership in Energy and Environmental Design (LEED) Green Building Rating System as adopted by the United States Green Building Council, or an alternative compliance path in accordance with the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) Standard 189 minimum requirements, compliance with American National Standards Institute (ANSI) 700 National Green Building Standard, or compliance with minimum performance requirements of the International Green Construction Code. The term “green building” is reserved for projects which take a holistic approach and do not focus on single measures, such as only energy performance.

c. An application receiving priority pursuant to subsection a. of this section shall include a letter from a licensed architect or engineer describing how the project qualifies as a green building project pursuant to subsection b. of this section. The letter shall include documentation demonstrating how the project qualifies as a green building project and a narrative outlining the sustainable attributes of the project in accordance with the rating systems and standards set forth in subsection b. of this section.

2. a. The Department of Environmental Protection may adopt, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations that provide priority consideration, to the extent practicable as determined by the Commissioner of Environmental Protection, 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 c. of this section.

3. a. The Department of Transportation may adopt, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations that provide priority consideration, to the extent practicable as determined by the Commissioner of Transportation, 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 c. of this section.

4. a. The Department of Community Affairs may adopt, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations that provide priority consideration, to the extent practicable as determined by the Commissioner of Community Affairs, 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 c. of this section.

5. This act shall take effect immediately.

STATEMENT

This bill, would authorize municipalities, the Department of Community Affairs (DCA), the Department of Environmental Protection (DEP), and the Department of Transportation (DOT), to give priority consideration to permit applications for green building projects.

The bill authorizes the governing body of a municipality to enact an ordinance requiring a municipal agency to provide priority consideration to permit applications for green building projects. In addition, the bill authorizes the DCA, DEP, and DOT to adopt rules and regulations to give priority consideration to permit applications for green building projects.

Under the bill, a project would qualify as a “green building project” if the project has documented incorporation of site, water, energy, and resource efficiency measures and demonstrable practices to promote the health and well-being of the building occupants. The bill requires an application receiving priority consideration to include a letter from a licensed architect or engineer describing how the project qualifies as a green building project.