NJBIA's Weekly Newsletter Print It 
  Issue Date: Friday, November 3, 2006
  Senate Panel OKs ‘Green-Building’ Legislation But Puts Potential Mandates on Hold

The NJ Department of Community Affairs (DCA) would develop guidelines for so-called “green buildings” under S-2152 (Vitale, Bark), which has been approved by the Senate Economic Growth Committee. The committee withheld consideration of several other bills that would have required wide use of mandatory green-building codes after NJBIA raised objections.

In their construction, green buildings incorporate energy and water conservation, use of renewable resources, smart growth, and other conservation techniques. Green-building construction currently is practiced voluntarily on a project-by-project basis. S-2152 authorizes the DCA to prepare a manual that would more precisely define “green buildings” and to write guidelines for their construction.

Although the amended bill stopped short of mandating green-building codes, it can be seen as a first step in doing so. Among the bills withheld from consideration was one that would require the use of green-building codes for new State buildings and affordable housing projects. Yet another measure would allow the DCA to add and update green- building code requirements to the energy section of the State Uniform Construction Code. Such a law would be costly for construction projects statewide.

The business community recognizes the value of voluntary green-building techniques. But green-building standards can be very costly, and employers should not be forced to spend extra money on construction that might not be cost effective or might raise rents to unacceptable levels. No other state has enacted mandatory green-building codes. New Jersey already has some of the highest costs of doing business in the nation; the imposition of green-building codes would inflate those costs even more.

Instead of costly mandates, NJBIA urges legislators to employ financial incentives like grants and low interest loans to encourage businesses to voluntarily use green-building standards. For more information, contact Sara Bluhm at ext. 204.

NJBIA Calls for Business Protections in Reform of NJ’s Eminent Domain LawsAlthough the eminent-domain debate has focused primarily on homeowners, issues impacting the business community need to be addressed in any reform bill, NJBIA said at a public hearing on October 30. NJBIA Vice President David Brogan said reform legislation should ensure that businesses are compensated for the value of their business, not just the value of the real estate that is taken. The legislation should also set a higher standard for taking a property, and improve the condemnation process with better notification and greater transparency. Brogan testified before the Senate Community and Urban Affairs Committee during a special hearing in Lakewood.

In addition, eminent domain reform should recognize that many business owners rent the property on which they conduct their business. They invest tremendous capital as well as time and effort to build a successful business, but under current law they do not receive any compensation for their business in an eminent domain if they do not own the property. NJBIA believes that business owners should be compensated for goodwill, which is the intrinsic value of a business beyond the value of the property on which it stands. Also, a higher standard should be set before a property can be taken.

Many of these provisions have been included in an Assembly version of the bill, A-3257 (Burzichelli), that the Assembly approved earlier this year. For more information, contact David Brogan at ext. 236.

BPU Business Ombudsmen Take Their PostsOne of NJBIA’s top legislative victories in 2005 was legislation creating a business ombudsman position within the NJ Board of Public Utilities (BPU). On October 31, 2006, the BPU created a new Business Ombudsman’s Office to be headed up by two managers—Joseph Sullivan, who will serve as the ombudsman, and Ronald Reisman, who will be its manager of business outreach.

The Business Energy Ombudsman will help New Jersey businesses obtain information and assistance about: 1) potential benefits resulting from switching to third-party energy suppliers and State energy programs, 2) subsidies and grants that can reduce businesses’ energy costs and promote energy efficiencies, and 3) State energy costs. For more information, contact Sara Bluhm.

NJBIA Seminar: Learn How to Comply with State Environmental Regulations, Wednesday, November 15Don’t wait until the inspector from the NJ Department of Environmental Protection (DEP) shows up at your door! Find out what permits you need and how to get them approved at NJBIA’s “How to Comply with State Environmental Regulations,” which will be held from 8:00 a.m. to 12:45 p.m. Wednesday, November 15, at Forsgate Country Club in Monroe Township (Exit 8A, NJ Turnpike). Find out what the DEP expects of your business, the actions you need to take and the documentation you need to provide.

You will receive key telephone numbers, contacts and Internet links to help you get the right information quickly. You will also receive at no extra cost a copy of NJBIA’s newly updated Environmental Compliance Digest. The cost to attend is $109 per person for NJBIA members and $139 for nonmembers. To register, contact Alex Hollywood at 609-393-7707, ext. 262, or register online now.

December 12: Public Policy ForumThis annual high-level conference brings together New Jersey’s top leaders in business and government for a thorough and lively discussion of current issues that have a great impact on New Jersey employers. Governor Jon Corzine will be our keynote speaker, and will be joined by four of the State’s top legislative leaders, seasoned political observers and experts on the New Jersey economy. Don’t miss this great opportunity to network with fellow business colleagues!

The event will be held from 7:45 a.m. until 2:00 p.m. at the Sheraton at Woodbridge Place in Iselin (Exit 131A, Garden State Parkway). The cost is $170 per person for NJBIA members and $230 for nonmembers. Breakfast and lunch are included. To register, contact Stacy Wichner at 609-393-7707, ext. 213, or register online now. Gain high profile exposure by becoming a sponsor; contact Sherry Esteves, ext. 219.

Raise Your Visibility. Become an Event Sponsor—The Awards for Excellence Dinner. NJBIA's Public Policy Forum. First-rate events like these offer your company an excellent opportunity to reach their target audiences and heighten their visibility as an event sponsor. Learn more about becoming an NJBIA sponsor by contacting Sherry Esteves at 609-393-7707, ext. 219.

New Jersey Business & Industry Association
102 West State Street
Trenton, NJ 08608-1199
609-393-7707

Copyright© 2001 NJBIA
All Rights Reserved. Reproduction in whole or in part in any medium
without express written permission is prohibited.