Sponsored by:
Senator JAMES BEACH
District 6 (Burlington and Camden)
SYNOPSIS
Establishes Zero Energy Construction Act requires all new residential and commercial developments to be zero energy ready; requires developers to offer zero energy construction.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning zero energy construction, supplementing and amending P.L.1975, c.217, and amending P.L.2009, c.106.
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 Zero Energy Construction Act.
2. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
Developer means any person who constructs or offers to construct a new residential or commercial building.
Owner means any person who acquires a legal or equitable interest in a new residential or commercial building.
Prospective owner means any person who contemplates acquiring a legal or equitable interest in a new residential or commercial building.
Zero energy building means an energy-efficient building where, on a source energy basis, the actual annual delivered energy is less than or equal to the on-site renewable exported energy.
Zero energy ready building means a building that would be a zero energy building if equipped with a renewable energy system.
3. On and after January 1, 2025, an enforcing agency shall not issue a construction permit for a new residential or commercial building unless the permit requires the building to be constructed as a zero energy ready building.
4. a. A developer of a building subject to the provisions of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall offer to construct the building as a zero energy building when a prospective owner enters into negotiations with the developer to purchase a new building.
b. Prior to entering into a contract of sale for a building subject to the provisions of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), a developer shall:
(1) disclose that a prospective owner may have the building be constructed as a zero energy building, and upon request by the prospective owner, disclose the total projected cost of constructing the building as such that will be charged to the owner by the developer; and
(2) unless construction of the building as a zero energy building is included in the sale of the building at no cost to the prospective owner, inform the prospective owner of the availability on the Internet website of the Department of Community Affairs of general information on the environmental benefits of, and potential energy cost savings associated with, zero energy buildings, and any applicable credits, rebates, or other incentives that may be available to the prospective owner for purchasing a zero energy building.
c. Every contract of sale for a building subject to the provisions of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), shall include a notification by the developer to the prospective owner of the offer to construct the building as a zero energy building.
d. The commissioner, in consultation with the Department of Environmental Protection and the Board of Public Utilities, shall compile, and make available on the Internet website of the Department of Community Affairs, information for prospective owners and developers concerning the environmental benefits of, and potential energy cost savings associated with, zero energy buildings, and any applicable credits, rebates, or other incentives that may be available to the prospective owner for purchasing a zero energy building.
5. The commissioner, in consultation with the Department of Environmental Protection and the Board of Public Utilities, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to effectuate the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill) and shall revise the code and energy subcode accordingly.
6. Section 1 of P.L.2009, c.106 (C.52:27D-122.2) is amended to read as follows:
1. The Legislature hereby finds and declares:
a. It is the public policy of this State to encourage and facilitate the construction of energy-efficient buildings which are designed and built to reduce overall energy demand.
b. While energy-efficient buildings may cost more to construct, the payback period to recoup the added investment is only a few years.
c. Energy savings can be most fully realized when incorporated into new construction from the beginning.
d. It is therefore necessary and appropriate that the Commissioner of Community Affairs, in consultation with the Board of Public Utilities, adopt energy-efficient building codes that may exceed the requirements of national model codes.
e. Further, in light of the serious threats posed by climate change, it is necessary and appropriate that the Commissioner of Community Affairs, in consultation with the Department of Environmental Protection and the Board of Public Utilities, adopt enhanced energy conservation construction requirements and revise these energy-efficient building codes to require that new residential and commercial buildings be constructed as zero energy ready buildings in accordance with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.2009, c.106, s.1)
7. Section 5 of P.L.1975, c.217 (C.52:27D-123) is amended to read as follows:
5. a. The commissioner shall after public hearing pursuant to section 4 of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-4) adopt a State Uniform Construction Code for the purpose of regulating the structural design, construction, maintenance, and use of buildings or structures to be erected and alteration, renovation, rehabilitation, repair, maintenance, removal, or demolition of buildings or structures already erected. Prior to the adoption of said code, the commissioner shall consult with the code advisory board and other departments, divisions, bureaus, boards, councils, or other agencies of State Government heretofore authorized to establish or administer construction regulations.
Such prior consultations with departments, divisions, bureaus, boards, councils, or other agencies of State Government shall include but not be limited to consultation wit