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S3576
SENATE, No. 3576
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 19, 2026
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,
2027, 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 with the
Commissioner of Health and the Public Health Council prior to adoption of a plumbing
subcode pursuant to paragraph b. of this section.� Said code shall include any
code, rule, or regulation incorporated therein by reference.
���� b.��� The code shall be
divided into subcodes which may be adopted individually by the commissioner as
the commissioner may from time to time consider appropriate. These subcodes
shall include but not be limited to a building code, a plumbing code, an
electrical code, an energy code, a fire prevention code, a manufactured or
mobile home code, and a mechanical code.
���� These subcodes, except for the
energy subcode, shall be adoptions of the model codes of the Building Officials
and Code Administrators International, Inc., the National Electrical Code, and
the National Standard Plumbing Code, provided that for good reasons, the
commissioner may adopt as a subcode, a model code or standard of some other
nationally recognized organization upon a finding that such model code or
standard promotes the purposes of P.L.1975, c.217 (C.52:27D-119 et seq.).� The
initial adoption of a model code or standard as a subcode shall constitute
adoption of subsequent edition year publications of the model code or standard
of such other nationally recognized organization, except as provided for in
paragraphs (1) through (4) of this subsection.� Adoption of publications shall
not occur more frequently than once every three years; provided, however, that
a revision or amendment may be adopted at any time in the event that the
commissioner finds that there exists an imminent peril to the public health,
safety, or welfare.
���� The energy subcode shall be
based upon the model codes cited under this subsection or the International
Energy Conservation Code
; provided, however, that the energy subcode shall
be revised as necessary to comply with the requirements of P.L. , c. (C. )
(pending before the Legislature as this bill)
.� It may be amended or
supplemented by the commissioner once before 2012 without regard to intervals
between the adoption of the energy subcode in effect on the effective date of
P.L.2009, c.106 (C.52:27D-122.2 et al.) and subsequent year revisions of that
subcode.� In amending or supplementing the energy subcode, the commissioner
shall rely upon 10-year energy price projections provided by an institution of
higher education within one year following the effective date of P.L.2009,
c.106 (C.52:27D-122.2 et al.), and thereafter at three-year intervals.� In
developing the energy price projections, the institution of higher education
shall consult with the Board of Public Utilities.� The commissioner shall be
authorized to amend the energy subcode to establish enhanced energy
conservation construction requirements, the added cost of each of which may
reasonably be recovered through energy conservation over a period of not more
than seven years.� Such requirements shall include provisions to ensure that,
in all parts of the State the anticipated energy savings shall be similarly proportionate
to the additional costs of energy subcode compliance.
���� (1)�� Except as otherwise
provided in this subsection, the edition of a model code or standard in effect
as a subcode as of July 1, 1995 shall continue in effect regardless of any
publication of a subsequent edition of that model code or standard.� Prior to
establishing the effective date for any subsequent revision or amendment of any
model code or standard adopted as a subcode, the commissioner shall review, in
consultation with the code advisory board, the text of the revised or amended
model code or standard and determine whether the amended or revised provisions
of the model code are essential to carry out the intent and purpose of
P.L.1975, c.217 (C.52:27D-119 et seq.) as viewed in contrast to the
corresponding provisions of the subcode then currently in effect.
���� (2)�� In the event that the
commissioner, pursuant to paragraph (1) of this subsection, determines that any
amended or revised provision of a model code is essential to carry out the
intent and purpose of this act as viewed in contrast to any corresponding provision
of the subcode then currently in effect, the commissioner may then adopt that
provision of the amended or revised model code.
���� (3)�� The commissioner, in
consultation with the code advisory board, shall have the authority to review
any model code or standard currently in effect as a subcode of the State
Uniform Construction Code and compare it with previously adopted editions of
the same model code or standard in order to determine if the subcode currently
in effect is at least as consistent with the intent and purpose of this act as
were previously adopted editions of the same model code or standard.
���� (4)�� In the event that the
commissioner, after consultation with the code advisory board, determines
pursuant to this subsection that a provision of a model code or standard
currently in effect as a subcode of the State Uniform Construction Code is less
consistent with the intent and purpose of P.L.1975, c.217
(C.52:27D-119 et seq.) than was the corresponding provision of a
previously adopted edition of the same model code or standard, the commissioner
may delete the provision in effect and substitute in its place the
corresponding provision of the previously adopted edition of the same model
code or standard determined to be more consistent with the intent and purpose
of P.L.1975, c.217 (C.52:27D-119 et seq.).
���� (5)�� The commissioner shall
be authorized to adopt a barrier free subcode or to supplement or revise any
model code adopted hereunder, for the purpose of insuring that adequate and
sufficient features are available in buildings or structures so as to make them
accessible to and usable by persons with physical disabilities.� Multi-family
residential buildings with four or more dwelling units in a single structure
shall be constructed in accordance with the barrier free subcode; for the
purposes of this subsection the term "multi-family residential buildings
with four or more dwelling units in a single structure" shall not include
buildings constructed as townhouses, which are single dwelling units with two
or more stories of living space, exclusive of basement or attic, with most or
all of the sleeping areas on one story and with most of the remaining habitable
space, such as kitchen, living, and dining areas, on another story, and with an
independent entrance at or near grade level.
���� c.���� Any municipality
through its construction official, and any State agency or political
subdivision of the State, may submit an application recommending to the
commissioner that a State sponsored code change proposal be adopted.� Such
application shall contain such technical justification and shall be submitted
in accordance with such rules of procedure as the commissioner may deem
appropriate, except that whenever the State Board of Education shall determine
that enhancements to the code are essential to the maintenance of a thorough
and efficient system of education, the enhancements shall be made part of the
code; provided that the amendments do not result in standards that fall below
the adopted subcodes.� The Commissioner of Education shall consult with the
Commissioner of Community Affairs prior to publishing the intent of the State
Board to adopt any amendments to the Uniform Construction Code. Upon adoption
of any amendments by the State Board of Education they shall be transmitted
forthwith to the Commissioner of Community Affairs who shall publish and
incorporate the amendments as part of the Uniform Construction Code and the
amendments shall be enforceable as if they had been adopted by the
commissioner.
���� At least 45 days prior to the
final date for the submission of amendments or code change proposals to the
National Model Code Adoption Agency, the code of which has been adopted as a
subcode under P.L.1975, c.217 (C.52:27D-119 et seq.), the commissioner shall
hold a public hearing in accordance with the "Administrative Procedure
Act," P.L.1968, c.410 (C.52:14B-1 et seq.), at which testimony on any
application recommending a State sponsored code change proposal will be heard.
���� The commissioner shall
maintain a file of such applications, which shall be made available to the
public upon request and upon payment of a fee to cover the cost of copying and
mailing.
���� After public hearing, the code
advisory board shall review any such applications and testimony and shall
within 20 days of such hearing present its own recommendations to the
commissioner.
���� The commissioner may adopt,
reject, or return such recommendations to the code advisory board for further
deliberation.� If adopted, any such proposal shall be presented to the
subsequent meeting of the National Model Code Agency by the commissioner or by
persons designated by the commissioner as a State sponsored code change
proposal.� Nothing herein, however, shall limit the right of any municipality,
the department, or any other person from presenting amendments to the National
Model Code Agency on its own initiative.
���� The commissioner may adopt
further rules and regulations pursuant to this subsection and may modify the
procedures herein described when a model code change hearing has been scheduled
so as not to permit adequate time to meet such procedures.
���� d.��� (Deleted by amendment,
P.L.1983, c.496.)
(cf: P.L.2017, c.131, s.191)
���� 8.��� This act shall take
effect immediately, but shall remain inoperative until January 1, 2027, except
that the Commissioner of Community Affairs, the Department of Environmental
Protection, and the Board of Public Utilities, shall take any anticipatory
administrative action in advance as shall be necessary for the implementation
of this act.
STATEMENT
���� This bill would establish the
�Zero Energy Construction Act,� which would, beginning on January 1, 2027, require
all new residential and commercial developments to be zero energy ready and
require developers to offer zero energy construction to prospective owners.� Zero
energy buildings consume only as much energy as can be produced onsite through renewable
resources, and zero energy ready buildings are buildings capable of reaching
this level of energy consumption with the addition of renewable resources.�
Requiring new developments to be constructed as zero energy ready will reduce
both the consumption of energy that contributes to climate change as well as
the long-term energy costs of home and business owners.
���� The bill requires the
Commissioner of Community Affairs, in consultation with the Department of
Environmental Protection and the Board of Public Utilities, to 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.� The
bill also requires the Commissioner of Community Affairs, in consultation with
the Department of Environmental Protection and the Board of Public Utilities,
to adopt rules and regulations necessary to effectuate the purposes of the bill
and to revise the State Uniform Construction Code and the energy subcode accordingly.
���� While the construction
requirements of the bill would be inoperative until January 1, 2027, the bill
authorizes the Commissioner of Community Affairs, the Department of
Environmental Protection, and the Board of Public Utilities, to take any
anticipatory administrative action in advance as is necessary for the
implementation of the bill.