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November 2021

Governor Murphy Signs Bill With Implications for New Warehouse Development in New Jersey

On November 8, 2021, Governor Murphy signed Assembly Bill A3352 (the “Bill”) requiring all new warehouses containing 100,000 square feet or more to reserve at least 40% of its roof space for the future installation of a solar facility. The Bill, which takes an important step towards achieving the 2019 Energy Master Plan goal of having 50 percent of New Jersey’s energy generated by renewable sources by 2030, addresses the pressing need for more renewable energy generation in New Jersey.

The key aspects of the bill are as follows:

  1. The requirement applies to all warehouses which have construction permits that are not declared complete by the enforcing agency before July 1, 2022.

  2. To comply a warehouse must set aside no less than 40% of its roof area for the future installation of a solar photovoltaic or solar thermal system. The roof area is the roof or building overhang calculated as the horizontally projected areas minus the areas covered by skylights, occupied roof decks, vegetative roof areas and mandatory access or set back areas required by the State Uniform Construction Code, or as otherwise provided in the 2018 International Energy Conservation Code, and any successor model code concerning solar-ready zones.

  3. A warehouse is defined as any building, room, structure or facility used primarily for the storage of goods intended for sale.

  4. The Bill directs the Department of Community Affairs to adopt rules and regulations establishing standards for the design and construction of solar-ready buildings.

The Bill is effective immediately.

If you have any questions how the Bill may impact your development pipeline, please contact your CSG attorney or one of the authors below.

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