Establishes alternative compliance standards for development of electric vehicle supply equipment and Make-Ready parking spaces based on charging capacity.

S3738 2R

[Second Reprint]

SENATE, No. 3738

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 5, 2026

Sponsored by:

Senator� PATRICK J. DIEGNAN, JR.

District 18 (Middlesex)

Senator� BENJIE E. WIMBERLY

District 35 (Bergen and Passaic)

SYNOPSIS

���� Establishes alternative compliance standards for
development of electric vehicle supply equipment and Make-Ready parking spaces
based on charging capacity.

CURRENT VERSION OF TEXT

���� As amended by the Senate on May 28, 2026.

��

An Act

concerning electric vehicle supply equipment
development compliance standards and supplementing P.L.2021, c.171
(C.40:55D-66.18 et seq.).

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

���� 1.��� The Legislature finds
and declares that:

���� a.���� P.L.2021, c.171
(C.40:55D-66.18 et seq.) establishes requirements for the installation of
electric vehicle supply equipment and Make-Ready parking spaces in connection
with certain development approvals.

���� b.��� Those requirements are
intended to promote the availability and effective use of electric vehicle
charging infrastructure in a manner that is consistent with Statewide land use,
parking, and construction standards.

���� c.���� Different categories of
development and parking facilities involve varying parking durations and
charging needs.

���� d.��� In certain
circumstances, measuring compliance solely by the number of parking spaces
equipped with electric vehicle supply equipment may not fully reflect the total
charging capacity available at a site.

���� e.���� Therefore, the
Legislature determines it is in the public interest to authorize an alternative
method of compliance, based on total electric vehicle charging capacity, as
determined in accordance with uniform, Statewide standards, while preserving
existing statutory requirements and ensuring uniform, Statewide standards.

���� 2.��� As used in
P.L. , c.
(C. ) (pending before the
Legislature as this bill):

����
2
"Alternative
compliance method" means a compliance method based on total electric
vehicle charging capacity rather than the number of parking spaces equipped
with electric vehicle supply equipment.� This method may be used only where the
electric vehicle supply equipment utilized provides a rated charging output of
not less than 50 kilowatts per charging port.
2

���� "Charging capacity"
means the total rated electrical output in kilowatts available for electric
vehicle charging at a site or parking facility.

����
1
[
"Power
allocation method" means a compliance method based on total charging
capacity rather than the number of electric vehicle supply equipped parking
spaces.
]
1

���� "Electric vehicle supply
equipment" or "EVSE" means the equipment, including the cables,
cords, conductors, connectors, couplers, enclosures, attachment plugs, power
outlets, power electronics, transformer, switchgear, switches and controls,
network interfaces, point-of-sale equipment, and associated apparatus designed
and used for the purpose of transferring energy from the electric supply system
to a plug-in electric vehicle. �"EVSE" may deliver either alternating
current or, consistent with fast charging equipment standards, direct current
electricity. �"EVSE" is synonymous with "electric vehicle
charging station."

���� "Make-Ready" means
the pre-wiring of electrical infrastructure at a parking space, or set of
parking spaces, to facilitate easy and cost-efficient future installation of
EVSE
1
,
1
including,
but not limited to, Level Two EVSE and direct current fast chargers (DCFC).�
1
"
1
Make-Ready
1
"
1
includes
expenses related to service panels, junction boxes, conduit, wiring, and other
components necessary to make a particular location able to accommodate EVSE on
a "plug and play" basis. �For the purpose of this definition, Level 2
EVSE operates on a 40 to 100 amp breaker on a 208 or 240 volt AC circuit.
DCFC operates on a 60 amp or higher breaker on a 480 volt or higher three phase
circuit with special grounding equipment. �DCFC stations can also be referred
to as rapid charging stations.

����
2
[
1
"Power
allocation method" means a compliance method based on total charging
capacity rather than the number of electric vehicle supply equipped parking
spaces.
1
]
2

���� 3.��� Notwithstanding the
provisions of
2
[
subsections a.
and
]

subsection
2
b. of
section 3 of P.L.2021, c.171 (C.40:55D-66.20), a developer or owner
2
of a
gasoline service station or retail establishment that is located on a highway
that is part of the National Highway System but is not part of the Interstate
System, or within three miles driving distance of a limited access highway exit
or interchange
2

subject to the requirements of that section may satisfy the requirements for
the installation of electric vehicle supply equipment or Make-Ready parking
spaces by either:

���� a.���� complying with the
applicable requirements based on the number of parking spaces prepared with
electric vehicle supply equipment or Make-Ready equipment, as otherwise
provided by law; or

���� b.��� providing a minimum
total electric vehicle charging capacity at the development or parking
facility, as determined in accordance with uniform, Statewide standards
established pursuant to section 4 of P.L.��� , c.��� (C.������� ) (pending
before the Legislature as this bill).

���� 4.��� a.� Within 12 months of
the effective date of P.L.��� , c.��� (C. ) (pending
before the Legislature as this bill), the Site Improvement Advisory Board,
established pursuant to section 3 of P.L.1993, c.32 (C.40:55D-40.3), shall, in
consultation with the Department of Community Affairs and the Board of Public
Utilities, adopt rules and regulations to effectuate the alternative compliance
method concerning electric vehicle charging capacity authorized pursuant to
P.L.��� , c.��� (C.������� ) (pending before the Legislature as this bill).

���� b.��� The rules and
regulations established pursuant to subsection a. of this section shall
establish uniform, Statewide standards governing compliance based on total
electric vehicle charging capacity, including but not limited to:

���� (1)�� minimum electric vehicle
charging capacity requirements, which may be determined based on:

���� (a)�� the total number of
off-street parking spaces provided; and

���� (b)�� the category or use of
the development or parking facility, including but not limited to retail,
multifamily residential, office, mixed-use, or other nonresidential uses;

���� (2)�� equivalency standards
for different types of electric vehicle supply equipment, based on rated
charging capacity and other relevant technical characteristics;

���� (3)�� standards addressing
accessibility requirements applicable to electric vehicle charging
infrastructure;

���� (4)�� standards addressing
safety considerations, including electrical, fire, and traffic circulation
safety;

���� (5)�� standards permitting
phased installation of electric vehicle supply equipment or charging capacity
over time, consistent with existing statutory timelines; and

���� (6)�� standards addressing
future expansion capability, including electrical capacity, conduit, and
infrastructure planning.

���� c.���� A municipality or local
land use board shall not impose requirements related to electric vehicle
charging capacity, electric vehicle supply equipment type, or compliance
methodology that are additional to, or inconsistent with, the alternative
compliance standards established pursuant to this section.

���� d.��� The alternative
compliance method authorized pursuant to P.L.��� , c.��� (C.������� ) (pending
before the Legislature as this bill) shall be optional and shall not be
construed to waive, reduce, or eliminate the requirements of P.L.2021, c.171
(C.40:55D-66.18 et seq.) including applicability thresholds, phased
installation timelines, or accessibility requirements, except as expressly
provided by rule or regulation.

���� 5.��� a.� Electric vehicle
supply equipment installed pursuant to the alternative compliance method
authorized by P.L.��� , c.��� (C. ) (pending
before the Legislature as this bill) may be eligible for parking space credits
to the same extent as electric vehicle supply equipment installed pursuant to
P.L.2021, c.171 (C.40:55D-66.18 et seq.), where the credits are otherwise
permitted by law.

���� b.��� Any parking space
credits applied pursuant to P.L.��� , c.��� (C.������� ) (pending before the
Legislature as this bill) shall remain subject to the limitation set forth in
subsection e. of section 3 of P.L.2021, c.171 (C.40:55D-66.20), including the
limitation that the credits shall not reduce the total required parking by more
than 10 percent.

���� c.���� The alternative
compliance method authorized by P.L.��� , c.��� (C.������� ) (pending before
the Legislature as this bill) shall affect only the manner in which compliance
with electric vehicle charging infrastructure requirements is measured and
shall not be construed to increase, decrease, or otherwise modify minimum
parking requirements applicable to a development or parking facility.

���� d.��� Nothing in P.L.��� ,
c.��� (C.������� ) (pending before the Legislature as this bill) shall be
construed to alter or modify minimum off-street parking requirements otherwise
applicable pursuant to law, rule, regulation, or ordinance.

���� 6.��� a.� The alternative
compliance method authorized pursuant to P.L.��� , c.��� (C.������� ) (pending
before the Legislature as this bill) shall be implemented in a manner
consistent with the "State Uniform Construction Code Act," P.L.1975,
c.217 (C.52:27D-119 et seq.) and any applicable accessibility and safety
requirements.

���� b.��� Electric vehicle supply
equipment installed pursuant to the alternative compliance method shall include
an appropriate proportion of accessible parking spaces, as determined in
accordance with standards established by law, rule, or regulation and consistent
with applicable requirements of the "Americans with Disabilities Act of
1990" (42 U.S.C. s.12101 et seq.), the "State Uniform Construction
Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), the most recent "International
Building Code" and "International Residential Code" published by
the International Code Council, and any other applicable accessibility laws and
regulations.

���� c.���� Nothing in P.L.��� ,
c.��� (C.������� ) (pending before the Legislature as this bill) shall be
construed to limit the authority of the Department of Community Affairs to
adopt or enforce standards necessary to ensure compliance with accessibility,
safety, and construction requirements applicable to electric vehicle supply
equipment and associated infrastructure.

���� 7.��� a.� In reviewing an
application for development or permitting application subject to P.L.��� ,
c.��� (C.������� ) (pending before the Legislature as this bill), a municipal
agency or local land use board may review the proposed location, layout,
traffic circulation, and safety impacts of electric vehicle supply equipment
and associated infrastructure, consistent with applicable site plan review
authority.

���� b.��� A municipal agency or
local land use board shall not deny, condition, or delay approval of an
application solely on the basis of the type of electric vehicle supply
equipment installed, the charging speed or rated capacity of such equipment, or
the use of the alternative compliance method authorized pursuant to P.L.��� ,
c.��� (C.������� ) (pending before the Legislature as this bill), provided that
the applicant demonstrates compliance with the uniform, Statewide standards
established by the rules adopted pursuant to section 4 of P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill).

���� c.���� Nothing in this section
shall be construed to expand or diminish municipal authority beyond that
otherwise provided by law.

���� 8.��� This act shall take
effect immediately but the alternative compliance method authorized pursuant to
this act shall not be implemented until the adoption of implementing rules and
regulations required pursuant to section 4 of this act.