Bill > S302

Introduced Session

This bill would establish the "Urban Area Weatherization and Energy Efficiency Pilot Program Act" to address the energy efficiency and safety problems created by cockloft and attic spaces that are open or improperly sealed between a residential building and another building. Open cockloft spaces, defined in the bill to include open attic spaces, exist at the top of many buildings in urban areas of the State, reducing energy efficiency and fire safety. The pilot program established by the bill would operate in Union City, the City of Trenton, and the City of Camden, the "participating municipalities," because these locations are disproportionately affected by open cockloft spaces. The building code enforcing agency of a municipality participating in the pilot program would, within one year of the bill's effective date, conduct an inventory of the residential buildings to determine the number of open cockloft spaces that would benefit from weatherization and energy efficiency measures. If a property is identified in an inventory as containing an open cockloft space, then the municipality would provide the property owner with an option to engage in weatherization and energy efficiency measures. Before committing to these measures, however, the municipality would provide the owner with an opportunity to demonstrate if they qualify as low- or moderate-income. If the owner is low- or moderate-income, the owner would be eligible to obtain weatherization and energy efficiency measures at no cost. If the owner is not low- or moderate-income, the owner would be given the option to pay for weatherization and energy efficiency measures through a property tax special assessment, payable in quarterly installments over 10-years. The weatherization and energy efficiency measures provided by the pilot program would consist of the installation of one or more fire-rated separations in open cockloft spaces between buildings. Fire alarms and carbon monoxide sensor devices would also be provided in spaces where required by the "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A.52:27D-119 et seq.) or the "Uniform Fire Safety Act," P.L.1983, c.383 (N.J.S.A.52:27D-192 et seq.). At the option of the owner, weatherization and energy efficiency measures may also include the addition of insulation, vapor barriers, or installing passive or active attic ventilation, when such improvements would be beneficial. Subject to the "Local Public Contracts Law," P.L.1971, c.198 (N.J.S.A.40A:11-1 et seq.), the bill permits a participating municipality to enter into agreements with one or more private parties to assist the municipal enforcing agency in pilot program implementation. The bill directs the Commissioner of Community Affairs to promulgate rules and regulations necessary to effectuate the objectives of the bill. Notwithstanding the statutory limitations that ordinarily restrict the use of regulatory guidance documents, the bill permits the commissioner to prepare and disseminate regulatory guidance documents in advance of the adoption of regulations as necessary for the administration of the bill. The bill requires pilot program municipalities to share information with the Department of Community Affairs ("DCA") in order to enable the effectiveness of the pilot program to be assessed. The bill would require DCA to prepare and submit reports, on at least an annual basis, to the Governor and the Legislature to provide information on the progress and effectiveness of the pilot program. Within 6 months following the expenditure of all pilot program funding, DCA would also submit a final report to the Governor and the Legislature. The bill would appropriate $30,000,000 from the funds provided to the State under the federal "American Rescue Plan Act of 2021," Pub.L.117-2. Of this sum, $10,000,000 would be provided to each to the three participating municipalities. The bill would require the sum provided to each municipality to be maintained in an account separate from any other account, and to be used exclusively for purposes authorized by the bill. The bill would take effect immediately.

Committee Categories

Brian Stack (D)*, 

Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee (on 01/09/2024)

Official Document