ASSEMBLY, No. 4410

STATE OF NEW JERSEY

221st LEGISLATURE

 

INTRODUCED MAY 16, 2024

 


 

Sponsored by:

Assemblyman  GREGORY E. MYHRE

District 9 (Ocean)

Assemblyman  BRIAN E. RUMPF

District 9 (Ocean)

 

Co-Sponsored by:

Assemblymen Simonsen, McGuckin, Guardian, Azzariti Jr., McClellan, Bergen, Kanitra, Sauickie, Auth and Assemblywoman Dunn

 

 

 

 

SYNOPSIS

     Requires green building standards and impact studies for carbon, traffic, storm water, and schools for certain affordable housing development.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act requiring specific green building standards and certification and impact studies for carbon, traffic, storm water, and schools for certain affordable housing development and supplementing P.L.1985, c.222 (C.52:27D-301 et al.).

 

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

 

     1.  A newly-built development intended to be an inclusionary development, as defined in subsection f. of section 4 of P.L.1985, c.222 (C.52:27D-304), consisting of 10 or more units or four or more stories, shall only be constructed if it is designed, constructed, and certified to, at minimum, Leadership in Energy and Environmental Design (LEED) silver standards, or an equivalent green building rating system standard as adopted by the United States Green Building Council, the Green Globes Program adopted by the Green Building Initiative, or a comparable nationally recognized, accepted, and appropriate sustainable development rating system.  The provisions of this section shall not apply to a development for which a complete application for development is submitted prior to the effective date of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).

 

     2.  Prior to submitting an application for development for any newly-built inclusionary development, as defined in subsection f. of section 4 of P.L.1985, c.222 (C.52:27D-304), consisting of 10 units or more, the developer shall submit a report of the findings of the following studies to the approving authority of the municipality in which the development is to be located: (1) a traffic impact study; (2) a school impact study; and (3) a storm water impact study.  For any newly-built inclusionary development, the construction of which would require more than one acre of land to be cleared, the developer, prior to submitting an application for development, shall submit a report of the findings of a carbon impact study to the approving authority of the municipality in which the development is to be located.

 

     3.  The Commissioner of Community Affairs, in accordance with the “Administrative Procedures Act,” P.L.1968, c.140 (C.52:14B-1 et seq.), and in consultation with the Department of Environmental Protection and the Department of Education, shall adopt rules and regulations to effectuate the provisions of P.L.    , c.    (C.        ) (pending before the Legislature as this bill) on or before the first day of the eighth month next following enactment.

 

     4.  This act shall take effect on or before the first day of the thirteenth month next following enactment, but the Department of Community Affairs and municipalities are authorized to take any anticipatory actions necessary to prepare for the implementation of the provisions of this act.

 

 

STATEMENT

 

     This bill requires newly-built affordable housing inclusionary developments of 10 units or more to report the results of a traffic impact study, school impact study, and storm water impact study to the municipality in which the development is to be located.  A newly-built inclusionary development requiring the clearing of more than one acre of land would also be required to report the results of a carbon impact study.

     The bill also requires newly-built inclusionary developments to be designed, constructed, and certified to at least LEED silver standards, or equivalent green building system standards, if the development consists of 10 or more units or four or more floors.

     The bill directs the Commissioner of Community Affairs to adopt rules and regulations by the first day of the eighth month following enactment.

     This bill takes effect on the first day of the thirteenth month next following enactment, and would not apply to developments for which an application for development is submitted prior to that date.