4C — August 2023 — Architects / Engineers — Owners, Developers & Managers — M id A tlantic Real Estate Journal
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NAIOP New Jersey explores NJDEP updates for CRE NJDEP officials & experts discuss evolving redev. rules WASHINGTON, DC —
Apply now for Greenhouse Gas Reduction Fund AIA spearheads push for building reuse eligibility
E DISON, NJ — Rap- idly changing regula- tory standards and legislative initiatives have a tremendous impact on how the commercial real estate industry approaches devel- opment in the Garden State. NAIOP New Jersey re- cently invited officials from the New Jersey Depart- ment of Environmental Protection (NJDEP) , and experts in the public and pri- vate sectors to explore recent changes and provide insight into what companies must do to ensure they are positioned to move forward. NJDEP commissioner Shawn LaTourette kicked off the annual NAIOP NJ Regulatory, Legislative and Legal Update – hosted at the Northeast Carpenters Apprentice Training Center in Edison – by sharing high - lights of the department’s key environmental initiatives. “In many ways, our environ- mental laws are inherently backward looking – they grew out of a direct response to crises,” said LaTourette. “We are continuing our work to reorient our regulatory efforts in a more proactive, future- focused direction, so that we can ensure that the laws and regulations of yesteryear meet today’s challenges.” Strategic areas of focus include the implementation of the NJPACT REAL (Re- silient Environments and Landscapes) regulatory re- form, which incorporates cli- mate change considerations like sea level rise into the state’s environmental land use regulations, including the Coastal Zone Management Rules, Flood Hazard Area Rules and Stormwater Man- agement Rules. LaTourette acknowledged that the new regulations “will create new challenges, and you will have our support and continued col- laboration as we work through these challenges together.” Water resource issues, in- cluding emerging contami- nants such as PFAS, are also a priority for the department, as is a review of the highly successful site remediation program – with the intention of accelerating the process for getting sites to closure. An Emphasis on Collaboration and Creative Solutions The importance of col- laboration and innovation
Last year, the American In- stitute of Architects (AIA)
worked dili- gently with Congressio- nal policy- makers to secure un- precedented investments toward build- ing a more resilient and
increase access to a range of financing and technical as - sistance furthering health outcomes and just futures. Additionally, the GGRF will increase the capacities of vulnerable communities most affected by climate change while improving clean energy deployment, creating jobs, and reducing carbon emissions. Applicants who meet the recipient criteria at the time of submission of an eligible nonprofit as defined in Section 134(c)(1) of the Clean Air Act and as further explained in Section III of each published Notice of Funding Opportuni- ty can apply for funding. The competitions share a closing date of October 12, 2023, and additional information about engagement opportunities as well as the process to apply for funding is available on the EPA’s website. ABOUT AIA Founded in 1857, AIA consistently works to create more valuable, healthy, se- cure, and sustainable build- ings, neighborhoods, and communities. Through more than 200 international, state and local chapters, AIA ad- vocates for public policies that promote economic vital- ity and public wellbeing. AIA provides members with tools and resources to assist them in their careers and business as well as engaging civic and government leaders and the public to find solutions to pressing issues facing our communities, institutions, nation, and world. Members adhere to a code of ethics and conduct to ensure the high- est professional standards. AIA Trust Mark your calendars now for a full week of daily lunch- time webinars 1-2pm EDT, September 18-22. Learn about the various benefits and resources available to AIA members, components and staff from AIA Trust benefit and financial plan providers, and legal and risk management experts! Some webinars will provide AIA CE Credit. Check out the schedule on our website and register to attend one, two, or all five! MAREJ
Lakisha Ann Woods
sustainable built environment through both the Bipartisan Infrastructure Law and the Inflation Reduction Act. Now, passed as a provision of the latter, nearly $20 billion of the designated $27 billion Green- house Gas Reduction Fund (GGRF) has become publicly available following the Solar for All announcement made earlier in June. As federal agencies design and administer grant com- petitions that realize the climate goals of both historic pieces of legislation, AIA has been an enduring vocal lead- er in the effort to deliver en- vironmental justice through leveraging public investment with private capital. In col- laboration with Main Street America and Smart Growth America, AIA successfully urged the U.S. Environmen- tal Protection Agency (EPA) to prioritize the eligibility of existing built resources both before and after the agency released its implementation framework. Recently, EPA launched two Notices of Funding Opportunity for the $14 billion National Clean Investment Fund (NCIF) and the $6 billion Clean Communities Investment Accelerator (CCIA). In align- ment with the Justice40 Initiative, these grants will fund key decarbonization projects and underscore adaptive reuse as an integral climate solution. "It is essential that we prioritize investments in existing buildings that will reduce emissions while also creating jobs, promoting health equity and support- ing vulnerable communities most affected by climate change,” said Lakisha Ann Woods, AIA EVP and CEO. “This is not just a victory for the architecture profession, but society as a whole.” AIA believes the GGRF to be a pivotal sustainability strategy that will equitably
Shown from left: Dennis Toft (CSG Law), Cathleen Bryant (EWMA) and David Haymes (NJDEP) discussed the specifics of the NJDEP’s review of the site remediation program, as well as an update on man -
aging emerging contaminants. emerged as a common theme throughout the July pro- gram’s panel discussions. Andrew B. Robins , chair of the Environmental Law Practice Group at Sills Cum- mis & Gross P.C. , moderat- ed a deeper dive into updates to NJ PACT’s Inland Flood and Stormwater protection rules with Michael Sheen- an , environmental engineer, NJDEP, and Kristen Ro- slund , senior project engi- neer with Langan . Topics included the need to incorpo- rate flood elevation increases, criteria for grandfathering projects and innovative so- lutions to challenges such as elevating sites. Roslund noted, “The key takeaway for developers is that the changes in requirements will result in more area dedicated for stormwater facilities, which can affect the size of a site’s developable area." Dennis Toft , chair of En- vironmental Law with CSG Law , lead a discussion fo- cused on the specifics of the NJDEP’s review of the site remediation program, as well as an update on manag- ing emerging contaminants. “This came out of the need to streamline the process of approving Remedial Action Permits (RAP),” said David Haymes , the NJDEP’s as - sistant commissioner, Con- taminated Site Remediation & Development, who is spear - heading efforts to build on the success of the LSRP program. Haymes noted that the department has introduced a Prioritized Initial Remedial Action Permit (RAP) Applica- tion to prioritize the review of certain applications based
on the implemented remedial action. Cathleen Bryant , director of LSRP Services for EWMA , said, “From an LSRP perspective, it is frustrating to get to this point with a project and have a Remedial Action Permit sitting there for two years. I hope this allows more projects to move forward.” The final panel addressed the regulatory, legislative and community challenges that are creating barriers to warehouse development. Moderator Mark Shearer , senior managing director of Rockefeller Group and NAIOP NJ chapter president, and each of the panelists emphasized the need for de- velopers to be preemptive and collaborative when it comes to managing local opposition. Joining in the discussion were Richard Levesque , SVP and general manager, Mike- WorldWide; Scot Murdock, AIA , partner, KSS Archi- tects ; and Anthony Pizzu- tillo , principal, Pizzutillo Public Affairs. “Working in advance with a town may avoid months of delays,” Murdock said. “We need to be willing to understand the community’s concerns and concede where needed. Being empathetic will be a key element of devel- opment in the future.” Pizzutillo noted, “It is in- cumbent on this industry to maintain a relationship with the legislature and make them aware of both the cost and benefit of any kind of community development.” Murdock agreed, adding, “If we don’t control the narra- tive, it will get controlled for us.” MAREJ
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