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S3739 2R
[Second Reprint]
SENATE, No. 3739
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MARCH 5, 2026
Sponsored by:
Senator� PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
Assemblyman� CLINTON CALABRESE
District 36 (Bergen and Passaic)
Assemblyman� WILLIAM F. MOEN, JR.
District 5 (Camden and Gloucester)
Assemblywoman� LINDA S. CARTER
District 22 (Somerset and Union)
Co-Sponsored by:
Assemblyman Singh
SYNOPSIS
���� Establishes certain electric vehicle supply equipment
development processes and standards concerning public health and safety;
removes certain existing approval requirements while preserving applicable
safety and inspection standards.
CURRENT VERSION OF TEXT
���� As reported by the Assembly Budget Committee on June
28, 2026, with amendments.
��
An Act
concerning applications for development of
electric vehicle supply equipment and amending P.L.2021, c.171.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
����
1
[
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
administratively
through the issuance of a
[
zoning
]
non-discretionary
permit by the administrative officer, provided the
[
application meets the following
requirements:
]
proposed installation complies with the "State Uniform Construction
Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), applicable safety
standards adopted by State law, rule, or regulation, and any other law, rule,
or regulation concerning electric vehicle supply equipment.
���� (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.
]
(Deleted
by amendment, P.L.��� , c.��� ) (pending before the Legislature as this bill)
���� 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.
����
d.��� An application for
the installation of electric vehicle supply equipment or Make-Ready parking spaces
that does not qualify for approval pursuant to subsection a. of this section
shall not be required to obtain variance relief pursuant to P.L.1975, c.291
(C.40:55D-1 et seq.), provided that the application is otherwise eligible for
administrative approval, complies with the "State Uniform Construction
Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), and applicable safety
standards adopted by State law, rule, or regulation. �An application processed
pursuant to this subsection shall be reviewed administratively and shall not be
subject to site plan or other land use board review.
����
e.��� A municipality�s,
county�s, or municipality�s and county�s review of the application to install
electric vehicle supply equipment shall be limited to those standards and
regulations necessary to ensure that the electric vehicle� supply equipment
will not have a specific, identifiable, and adverse impact upon public health
or safety, supported by substantial evidence in the record, for which there is
no feasible method to satisfactorily mitigate or avoid the impact. �The review
shall be limited to applicable safety considerations and shall not include
generalized planning or land use considerations unrelated to demonstrable
public health or safety concerns, except where expressly required by State law,
rule, or regulation.
����
f.���� Electric vehicle
supply equipment infrastructure that encroaches upon required setbacks
established by a local government entity shall not constitute an adverse impact
upon public health or safety. �Nothing in this subsection shall be construed to
permit electric vehicle supply equipment that obstructs required sight
triangles, fire lanes, or emergency access as determined in accordance with
applicable safety standards adopted by State law, rule, or regulation.
����
g.��� For purposes of this
section:
����
"Non-discretionary
permit" means a permit approved as a ministerial act upon verification of
compliance with applicable standards, as provided in subsection a. of this
section, and shall not require discretionary judgment, variance relief, or land
use board review.
(cf: P.L.2021, c.171, s.2)
]
1
����
1
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
administratively
through the issuance of
a
[
zoning
]
non-discretionary
permit
by the administrative officer, provided the application meets the following
requirements:
���� (1)�
except as otherwise
provided in subsection f. of this section,
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;
���� (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
]
���� (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)� corporate logos,
branding, or other such symbology that is integrated into electric vehicle
supply equipment shall not be considered signage for the purposes of enforcing
any sign ordinances adopted by a municipality
.
���� b.��� An application
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 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.
����
d.��� An application for
the installation of electric vehicle supply equipment or Make Ready parking
spaces processed pursuant to this section shall be reviewed administratively
and shall not be subject to site plan or other land use board review and
approval.� However, a site plan or scale drawing showing all existing and
proposed features located on the property and within 50 feet of the proposed
electric vehicle supply equipment shall be submitted as part of the application
to provide the administrative officer reviewing the application with sufficient
information on which to base an approval or denial.
����
e.��� Except as otherwise
provided in subsection a. of this section, a municipal or county review, as
appropriate, of the application to install electric vehicle supply equipment
shall be limited to those standards and regulations necessary to ensure that
the electric vehicle supply equipment will not have a specific, identifiable,
and adverse impact upon public health or safety, supported by substantial
evidence in the record.
����
f.���� Electric vehicle
supply equipment infrastructure shall be permitted to encroach upon required
setbacks established by a local government entity. �However,
2
if
electric vehicle supply equipment encroaches upon required setbacks,
2
there
shall be a minimum of six feet of grounds maintenance clearance between the
electric vehicle supply equipment and any natural or man-made
2
[
construction
]
obstruction
where necessary to permit routine landscaping, mowing, and property upkeep
2
. �
Nothing
in this subsection shall be construed to permit electric vehicle supply
equipment to obstruct required sight triangles, fire lanes, or emergency
access, as determined in accordance with applicable safety standards in any
State law, rule, or regulation.
����
g.��� As used in this
section:
����
�Administrative officer�
means the same as that term is defined in section 3 of P.L.1975, c.291
(C.40:55D-3).
����
�Non-discretionary permit�
means a permit approved as a ministerial act upon verification of compliance
with applicable standards, as provided in subsection a. of this section, which
permit does not require discretionary judgment, variance relief, or land use
board review.
1
(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.