Signed by Governor Phil Murphy

Vote Smart's Synopsis:

Vote to concur with House amendments and pass a bill that establishes numerical requirements and zoning standards for installation of electric vehicle supply equipment and Make-Ready parking spaces.

Highlights:

• Defines “Make-Ready” as the pre-wiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment, including, but not limited to, Level 2 EVSE and direct current fast chargers (Sec. 6).

• Requires an application for development submitted solely for the installation of electric vehicle supply equipment or Make-Ready parking spaces will be considered a permitted accessory use and permitted accessory structure in all zoning or use districts of a municipality and will not mandate a variance (Sec. 1.a).

• Specifies an application is deemed complete if (Sec. 2-3.b):

• The application, including the permit fee and all necessary documentation, is determined to be complete;

• A notice of incompleteness is not provided within 20 days after the filing of the application; or

• A one-time written correction notice is not issued by the jurisdiction within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.

• Specifies as a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in subsection a. of this law will (Sec. 3-3.b-1):

• Install at least one Make-Ready parking space if there will be 50 or fewer off-street parking spaces;

• Install at least 2 Make-Ready parking spaces if there will be 51 to 75 off-street parking spaces;

• Install at least 3 Make-Ready parking spaces if there will be 76 to 100 off-street parking spaces;

• Install at least 4 Make-Ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces; or

• Install at least 4 percent of the total parking spaces as Make-Ready parking spaces, at least 5 percent of which will be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.

• Establishes a parking space prepared with electric vehicle supply equipment or Make-Ready equipment will count as at least 2 parking spaces for the purpose of complying with a minimum parking space requirement. This law will result in a reduction of no more than 10 percent of the total required parking (Sec. 3-2.e).

• Specifies within 30 days of enactment of this bill, the Commissioner of Community Affairs will publish a model land use ordinance to address installation, sightline, and setback requirements and other health- and safety-related specifications for electric vehicle supply equipment and Make-Ready parking spaces and will post the model land use ordinance on the department’s Internet website (Sec. 4.a-1).

• Authorizes the Commissioner of Community Affairs to periodically update the electric vehicle supply equipment and Make-Ready parking space requirements to reflect increased electric vehicle adoption levels and technological advances in the State (Sec. 4-3).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that establishes numerical requirements and zoning standards for installation of electric vehicle supply equipment and Make-Ready parking spaces.

Highlights:

• Defines “Make-Ready” as the pre-wiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment, including, but not limited to, Level 2 EVSE and direct current fast chargers (Sec. 6).

• Requires an application for development submitted solely for the installation of electric vehicle supply equipment or Make-Ready parking spaces will be considered a permitted accessory use and permitted accessory structure in all zoning or use districts of a municipality and will not mandate a variance (Sec. 1.a).

• Specifies an application is deemed complete if (Sec. 2-3.b):

• The application, including the permit fee and all necessary documentation, is determined to be complete;

• A notice of incompleteness is not provided within 20 days after the filing of the application; or

• A one-time written correction notice is not issued by the jurisdiction within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.

• Specifies as a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in subsection a. of this law will (Sec. 3-3.b-1):

• Install at least one Make-Ready parking space if there will be 50 or fewer off-street parking spaces;

• Install at least 2 Make-Ready parking spaces if there will be 51 to 75 off-street parking spaces;

• Install at least 3 Make-Ready parking spaces if there will be 76 to 100 off-street parking spaces;

• Install at least 4 Make-Ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces; or

• Install at least 4 percent of the total parking spaces as Make-Ready parking spaces, at least 5 percent of which will be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.

• Establishes a parking space prepared with electric vehicle supply equipment or Make-Ready equipment will count as at least 2 parking spaces for the purpose of complying with a minimum parking space requirement. This law will result in a reduction of no more than 10 percent of the total required parking (Sec. 3-2.e).

• Specifies within 30 days of enactment of this bill, the Commissioner of Community Affairs will publish a model land use ordinance to address installation, sightline, and setback requirements and other health- and safety-related specifications for electric vehicle supply equipment and Make-Ready parking spaces and will post the model land use ordinance on the department’s Internet website (Sec. 4.a-1).

• Authorizes the Commissioner of Community Affairs to periodically update the electric vehicle supply equipment and Make-Ready parking space requirements to reflect increased electric vehicle adoption levels and technological advances in the State (Sec. 4-3).

Full Bill Text