Specifies electric vehicle parking space calculation is rounded up if it includes fraction of a whole number and rounded-up parking spaces cannot reduce overall parking supply by more than 10 percent.

S3740 1R

[First Reprint]

SENATE, No. 3740

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 5, 2026

Sponsored by:

Senator� PATRICK J. DIEGNAN, JR.

District 18 (Middlesex)

Senator� RAJ MUKHERJI

District 32 (Hudson)

Co-Sponsored by:

Senator Wimberly

SYNOPSIS

���� Specifies electric vehicle parking space calculation
is rounded up if it includes fraction of a whole number and rounded-up parking
spaces cannot reduce overall parking supply by more than 10 percent.

CURRENT VERSION OF TEXT

���� As reported by the Senate Transportation Committee on
May 11, 2026, with amendments.

��

An Act

concerning electric vehicle parking space
calculations and amending P.L.2021, c.171.

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

����� 1.�� Section
3 of P.L.2021, c.171 (C.40:55D-66.20) is amended to read as follows:

����� 3.�� a.�
(1)� As a condition of preliminary site plan approval, for each application
involving a multiple dwelling with five or more units of dwelling space, which
shall include a multiple dwelling that is a building held under a condominium
or cooperative form of ownership, a mutual housing corporation, or a mixed use
development, the developer or owner, as applicable, shall:

����� (a)� prepare
as Make-Ready parking spaces at least 15 percent of the required off-street
parking spaces, and install electric vehicle supply equipment in at least
one-third of the 15 percent of Make-Ready parking spaces;

����� (b)� within
three years following the date of the issuance of the certificate of occupancy,
install electric vehicle supply equipment in an additional one-third of the
original 15 percent of Make-Ready parking spaces; and

����� (c)� within
six years following the date of the issuance of the certificate of occupancy,
install electric vehicle supply equipment in the final one-third of the
original 15 percent of Make-Ready parking spaces.

����� (2)� Throughout
the installation of electric vehicle supply equipment in the Make-Ready parking
spaces, at least five percent of the electric vehicle supply equipment shall be
accessible for people with disabilities.

����� (3)� Nothing
in this subsection shall be construed to restrict the ability to install
electric vehicle supply equipment or Make-Ready parking spaces at a faster or
more expansive rate than as required by this subsection.

����� (4)� Parking
spaces equipped with electric vehicle supply equipment installed in accordance
with P.L.2020, c.80 (C.52:27D-141.10 et seq.) and P.L.2020, c.108
(C.45:22A-48.4) shall count towards the total number of electric vehicle supply
equipment required installations.

����� (5)� During
the site plan application review for multiple dwelling units, the local land
use board shall review the locations where the Make-Ready equipment or electric
vehicle supply equipment will be installed.

����� b.�� (1)�
As a condition of preliminary site plan approval, each application involving a
parking lot or garage not covered in subsection a. of this section, a developer
or owner, as applicable, shall:

����� (a)� install
at least one Make-Ready parking space if there will be 50 or fewer off-street
parking spaces;

����� (b)� install
at least two Make-Ready parking spaces if there will be 51 to 75 off-street
parking spaces;

����� (c)� install
at least three Make-Ready parking spaces if there will be 76 to 100 off-street
parking spaces;

����� (d) install
at least four 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

����� (e)� install
at least four percent of the total parking spaces as Make-Ready parking spaces,
at least five percent of which shall be accessible for people with
disabilities, if there will be more than 150 off-street parking spaces.

����� (2)� In
lieu of installing Make-Ready parking spaces, a parking lot or garage may
install electric vehicle supply equipment to satisfy the requirements of this
subsection.

����� (3)� Nothing
in this subsection shall be construed to restrict the ability to install
electric vehicle supply equipment or Make-Ready parking spaces at a faster or
more expansive rate than as required by this subsection.

����� (4)� With
respect to parking spaces for people with disabilities, the model land use
ordinance published pursuant to section 4 of P.L.2021, c.171 (C.40:55D-66.21)
shall include standards that provide for the progression of accessible
Make-Ready parking spaces to accessible electric vehicle supply equipment
parking spaces, and shall conform to the requirements of the most recent
"International Building Code" and "International Residential
Code" published by the International Code Council except as the Commissioner
of Community Affairs deems appropriate to deviate from those codes.

����� c.�� Notwithstanding
the provisions of subsections a. and b. of this section, a retailer that
provides 25 or fewer off-street parking spaces or the developer or owner of a
single-family home shall not be required to provide or install any electric
vehicle supply equipment or Make-Ready parking spaces.

����� d.�� (1)�
The Site Improvement Advisory Board, established pursuant to section 3 of
P.L.1993, c.32 (C.40:55D-40.3), shall, no later than 90 days following
enactment of P.L.2021, c.171 (C.40:55D-66.18 et al.), submit a recommendation
to the Commissioner of Community Affairs to amend the Statewide site
improvement standards for multifamily residential development to include the
requirements set forth in sections 1 through 3 of P.L.2021, c.171
(C.40:55D-66.18 through C.40:55D-66.20) and to include parking spaces with
electric vehicle supply equipment in the calculation of minimum required
parking spaces.� The Commissioner of Community Affairs may review and
promulgate the recommendation in accordance with the procedure set forth in
subsection b. of section 4 of P.L.1993, c.32 (C.40:55D-40.4).� The adopted
criteria shall be consistent with the model land use ordinance published by the
Commissioner of Community Affairs pursuant to section 4 of P.L.2021, c.171
(C.40:55D-66.21).

����� (2)� The
"State Uniform Construction Code Act," P.L.1975,
1
[
c. 217
]

c.217
1
(C.52:27D-119 et seq.), shall incorporate the requirements set forth in
sections 1 through 3 of P.L.2021, c.171 (C.40:55D-66.18 through C.40:55D-66.20)
no later than 90 days following enactment of P.L.2021, c.171 (C.40:55D-66.18 et
al.).� The adopted criteria shall be consistent with the model land use
ordinance published by the Commissioner of Community Affairs pursuant to
section 4 of P.L.2021, c.171 (C.40:55D-66.21).

����� e.�� A
parking space prepared with electric vehicle supply equipment or Make-Ready
equipment pursuant to this section shall count as at least two parking spaces
for the purpose of complying with a minimum parking space requirement.� This
subsection shall result in a reduction of no more than 10 percent of the total
required parking
, subject to adjustment resulting from rounding pursuant to
subsection f. of this section
.

����� f.��� All
parking space calculations
that include any fraction of a whole number

for electric vehicle supply equipment and Make-Ready equipment pursuant to this
section shall be rounded up to the next full parking space
, provided that
the rounded calculation does not exceed the limitation set forth in subsection
e

1
. of this section
1
.

����� g.��
[
A
]

Notwithstanding

1
[
an
]

any
1

ordinance to the contrary,

1
a
1
permitting application solely for the installation
of electric vehicle supply equipment permitted as an accessory use shall not be
subject to review based on parking requirements.

����� h.�� A
power company funding the installation of electric vehicle supply equipment or
Make-Ready parking spaces shall collaborate with developers and owners, with
consultation from the Board of Public Utilities, in implementing the provisions
of P.L.2021, c.171 (C.40:55D-66.18 et al.).

����� i.��� The
requirements in subsection a. and b. of this section are based on the number of
off-street parking spaces associated with new construction that are required as
part of a site plan approval; or, in the case of an expansion to an existing
development or an existing parking lot or garage, the number of new, off-street
parking spaces created as part of a site plan approval.� If a developer or
owner has received a parking variance as part of the site plan approval, the
requirements shall be based on the number of off-street parking spaces provided
pursuant to the variance.

�����
j.��� For
the purposes of determining consistency with a redevelopment plan, or other
development plan adopted pursuant to law, including a master plan or
zoning-based development plan, any electric vehicle parking credits authorized
pursuant to this section shall be applied to the concept plan review stage.�
The application of electric vehicle parking credits pursuant to this section
shall not be construed as a variance from zoning or site plan requirements.

(cf:�
P.L.2023, c.220, s.1)

���� 2.��� This act shall take
effect immediately.