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A 3438

Relates to taxpayer publicly funded research

2025 Regular Session Introduced by Angelo Santabarbara

Mandates standby emergency generators in newly built senior housing (≥90% 62+ units); weekly checks, monthly load tests, to protect residents during outages; effective immediately.

REFERRED TO GOVERNMENTAL OPERATIONS
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Bill Summary · A 3438

Summary: Bill A 3438 – Standby Emergency Power Generators for Senior Housing (New Jersey)

Note: The bill’s stated title in the bill information (“Relates to taxpayer publicly funded research”) appears inconsistent with the introduced content, which concerns standby emergency power generators for new senior-occupancy housing. The summary below reflects the introduced language and provisions.

Overview

  • Bill number: A 3438
  • Title (introduced): An Act concerning the provision of electricity in new residential construction for seniors and supplementing P.L.1975, c.119 (C.52:27D-119 et seq.)
  • Purpose: To require standby emergency power generators in certain newly constructed multi-dwelling residential buildings that will house seniors (defined as 62 years of age or older) and where at least 90% of units will be occupied by seniors.
  • Status: Referred to Governmental Operations (initial introduction: February 1, 2024; subsequent referrals noted in 2025).
  • Primary sponsor: Angelo Santabarbara

Key Provisions

  • Mandatory generator requirement (1a)
    In newly constructed residential multiple dwellings where at least 90% of units will be occupied by seniors, and where a construction permit has not yet had its application declared complete by the enforcing agency before the bill’s effective date, the building must be equipped with a standby emergency power generator.

  • Operational and regulatory compliance (1b)

    • Generators must operate in accordance with regulations adopted by the Department of Environmental Protection (DEP).
    • Generators must be checked weekly, tested under load monthly, and serviced per generally accepted engineering practices by the building’s manager or operator.

  • Use of the generator (1b(3))
    The standby generator may be operated only when necessary to provide power to the senior housing complex to protect the general health and welfare of residents who would be at substantial risk during a power outage.

  • Definition (1c)
    “Seniors” means persons aged 62 years or older.

  • Regulatory authority (1d)
    The Department of Community Affairs (DCA) shall promulgate rules under the Administrative Procedure Act to effectuate the act’s purposes.

  • Effective date (2)
    The act takes effect immediately upon enactment.

Who is Affected

  • Builders/developers of newly constructed senior-dominated multi-dwelling housing projects.
  • Property managers/operators of such senior housing, responsible for weekly checks, monthly load tests, and servicing.
  • Residents who are 62+ in these developments.
  • Regulators: Department of Environmental Protection (regarding air/emissions standards) and the Department of Community Affairs (rulemaking and code applicability).

Timeline and Procedural Aspects

  • Introduced: February 1, 2024
  • Committee action: Referred to Assembly Aging and Human Services (initial referral)
  • 2025 actions: Referred to Governmental Operations (listed twice)
  • Related/Companion measures: S 4189 (companion), S 4693 (companion), A 9139 (prior-session), and others

Potential Impacts

  • Costs: Increased construction costs for eligible senior housing due to installation of standby generators and ongoing maintenance.
  • Operations: Regular testing and maintenance requirements may affect building management routines and budget.
  • Resilience: Improves resilience for senior residents by ensuring power during outages, reducing health and welfare risks.
  • Regulatory: Requires coordination between DEP (emissions/air regulations) and DCA (code/rulemaking) for implementation.

If you’d like, I can add a side-by-side comparison with existing code provisions or pull out estimated cost ranges based on typical generator installations.

Compiled from official sources — confirm details with the bill’s official record.

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