Provides that electric vehicle supply equipment proposed for installation at certain locations does not pose specific, adverse impact upon public health or safety; removes certain existing approval requirements.

A1558

ASSEMBLY, No. 1558

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman CLINTON CALABRESE

District 36 (Bergen and Passaic)

SYNOPSIS

���� Provides that electric vehicle supply equipment
proposed for installation at certain locations does not pose specific, adverse
impact upon public health or safety; removes certain existing approval
requirements.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning electric vehicle supply equipment and
public health and safety and amending P.L.2021, c.171.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 2 of P.L.2021,
c.171 (C.40:55D-66.19) is amended to read as follows:

���� 2.��� a.� An application for
development for the installation of electric vehicle supply equipment or
Make-Ready parking spaces at an existing gasoline service station, an existing
retail establishment, or any other existing building shall not be subject to site
plan or other land use board review, shall not require variance relief pursuant
to P.L.1975, c.291 (C.40:55D-1 et seq.) or any other law, rule, or regulation,
and shall be approved through the issuance of a zoning permit by the
administrative officer, provided the application meets the following
requirements:

���� (1)�
[
the proposed
installation does not violate bulk requirements applicable to the property or
the conditions of the original final approval of the site plan or subsequent
approvals for the existing gasoline service station, retail establishment, or
other existing building;
]

(Deleted by amendment, P.L.��� , c.��� )

(pending before the Legislature as this bill)

���� (2)�
[
all other
conditions of prior approvals for the gasoline service station, the existing
retail establishment, or any other existing building continue to be met; and
]

(Deleted
by amendment, P.L.��� , c.��� ) (pending before the Legislature as this bill)

���� (3)� the proposed installation
complies with the construction codes adopted in or promulgated pursuant to the
"State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119
et seq.), any safety standards concerning the installation, and any State rule
or regulation concerning electric vehicle charging stations
; and

����
(4)� the applicant
demonstrates that the electric vehicle supply equipment proposed for
installation at an existing gasoline service station, retail establishment, or
other existing building shall not pose a specific, adverse impact upon public
health or safety for which there is no feasible method to satisfactorily
mitigate or avoid the specific adverse impact
.

���� b.��� An application shall be
deemed complete if:

���� (1)� the application,
including the permit fee and all necessary documentation, is determined to be
complete;

���� (2)� a notice of
incompleteness is not provided within 20 days after the filing of the
application; or

���� (3)� 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.

���� c.��� Electric vehicle supply
equipment and Make-Ready parking spaces installed at a gasoline service
station, an existing retail establishment, or any other existing building shall
be subject to applicable local and Department of Community Affairs inspection requirements.

(cf: P.L.2021, c.171, s.2.)

���� 2.��� This act shall take
effect immediately and shall apply to applications pending or submitted on or
after the date of enactment of this act.

STATEMENT

���� This bill amends P.L.2021,
c.171 (C.40:55D-66.18 et seq.) to modify the approval requirements for an
application for development for the installation of electric vehicle supply
equipment or Make-Ready parking spaces.� Specifically, the bill amends the law
to remove the requirements that the application demonstrates that:

���� (1)� the proposed installation
does not violate either the bulk requirements applicable to the property or the
conditions of the original final approval of the site plan or subsequent
approvals for the existing gasoline service station, retail establishment, or
other existing building; and

���� (2)� all other conditions of
prior approvals for a gasoline service station, existing retail establishment,
or any other existing building continue to be met.

���� In place of these
requirements, the bill amends the law to require that an applicant demonstrates
that the electric vehicle supply equipment proposed for installation at an
existing gasoline service station, retail establishment, or other existing
building does not pose a specific, adverse impact upon public health or safety
for which there is no feasible method to satisfactorily mitigate or avoid the
specific adverse impact.