S246

An Act concerning electric vehicle supply equipment and Make-Ready parking spaces 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] for the construction of a new, or “reconstruction,” as defined in the State Uniform Construction Code, adopted pursuant to P.L.1975, c.217 (C.52:27D-119 et seq.), of an existing, 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) Nothing in this subsection shall apply to a multiple dwelling that is entirely restricted to occupancy as low- or moderate- income housing, as those terms are defined in section 4 of P.L.1985, c.222 (C.52:27D-304).

(5) The number of required off-street parking spaces used in calculating the number of Make-Ready parking spaces required pursuant to this subsection shall not include parking spaces where unit owners or tenants are restricted from installing electric vehicle supply equipment. 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.

(6) In the case of the construction of a new, or reconstruction of an existing, multiple dwelling, pursuant this subsection, the number of Make-Ready off-street parking spaces required shall be in proportion to the new or reconstructed multiple dwelling and not the entire existing development, as applicable.

b. (1) As a condition of preliminary site plan approval, for each application [involving a] for the construction of a new, or “reconstruction,” as defined in the State Uniform Construction Code, adopted pursuant to P.L.1975, c.217 (C.52:27D-119 et seq.), of an existing, parking lot or garage not covered in a site plan application made pursuant to 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 [.] ;

(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) To calculate the total number of spaces in a parking lot or garage for the purpose of classifying the parking lot or garage pursuant to subparagraphs (a) through (e) of paragraph (1) of this subsection, a municipality shall use the total number of parking spaces that will actually be provided in the parking lot or garage, regardless of whether those spaces are pre-existing, new, or reconstructed spaces and, in the event that the applicant has requested a parking variance as part of the site plan application, regardless of the number of spaces required by ordinance.

(3) 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)] (4) 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)] (5) 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, c. 217 (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.

f. All parking space calculations for electric vehicle supply equipment and Make-Ready equipment pursuant to this section shall be rounded up to the next full parking space.

g. A 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.).

(cf: P.L.2021, c.171, s.3)

2. Section 4 of P.L.2021, c.171 (C.40:55D-66.21) is amended to read as follows:

4. a. (1) Within 30 days of enactment of P.L.2021, c.171 (C.40:55D-66.18 et al.), the Commissioner of Community Affairs shall 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 shall post the model land use ordinance on the department's Internet website. The model land use ordinance published by the commissioner shall not require the rulemaking process pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

(2) The model land use ordinance shall include the requirements pursuant to sections 1 through 3 of P.L.2021, c.171 (C.40:55D-66.18 through C.40:55D-66.20).

(3) The Commissioner of Community Affairs may periodically update [the electric vehicle supply equipment and Make-Ready parking space requirements established pursuant to subsections a. and b. of section 3 of P.L.2021, c.171 (C.40:55D-66.20) to reflect increased electric vehicle adoption levels and technological advances in the State] elements of the model land use ordinance to address installation, sightline, and setback requirements and other health- and safety-related specifications for electric vehicle supply charging equipment. Any update made pursuant to [such parking requirements] this paragraph shall be adopted by the commissioner pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) and promulgated as amendments to the model land use ordinance published pursuant to this subsection. [Amendments to the model ordinance to address installation, sightline, or setback requirements or other health- and safety-related specifications shall not require the rulemaking process pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).]

b. (1) The model land use ordinance published by the Commissioner of Community Affairs pursuant to this section shall be effective in each municipality, except that a municipality may deviate from the reasonable standards set forth in the model land use ordinance by adoption of an ordinance pursuant to paragraph (2) of this subsection.

(2) A municipality may, by ordinance, adopt reasonable standards to address installation, sightline, and setback requirements or other health- and safety-related specifications for electric vehicle supply equipment and Make-Ready parking spaces. Nothing in this subsection shall be deemed to authorize a municipality to require site plan review by a municipal agency solely for the installation of electric vehicle supply equipment or Make-Ready parking spaces.

(3) A municipality may encourage additional installation of electric vehicle supply equipment and Make-Ready parking spaces in development projects, but shall not require more than the requirements in the model land use ordinance published by the Commissioner of Community Affairs. The requirements adopted by the Site Improvement Advisory Board established pursuant to section 3 of P.L.1993, c.32 (C.40:55D-40.3) and the requirements adopted through the "State Uniform Construction Code Act," P.L.1975, c. 217 (C. 52:27D-119 et seq.) shall be consistent with the requirements set forth in the model ordinance and shall be updated if the model ordinance is updated pursuant to paragraph (3) of subsection a. of this section.

(cf: P.L.2021, c.171, s.4)

3. This act shall take effect immediately.

STATEMENT

This bill would make various changes to the provisions of P.L.2021, c.171 (C.40:55D-66.18 et seq.), which establishes certain requirements for the installation of electric vehicle chargers and "Make-Ready parking spaces," which are parking spaces that are prewired for the installation of electric vehicle chargers, at certain multi-unit dwellings, parking lots, and garages.

Specifically, the bill would clarify that certain provisions of P.L.2021, c.171 (C.40:55D-66.18 et seq.) apply only to applications for the construction or reconstruction of certain multi-unit dwellings, parking lots, and garages, rather than to any applications involving those structures. The bill would exempt multi-unit dwellings that are entirely restricted to occupancy as low- or moderate- income housing from the requirement to install a certain number of Make-Ready parking spaces. The bill would clarify that parking spaces that are restricted from installing electric vehicle chargers would not be counted in the total number of off-street parking spaces, for the purposes of subsection a. of section 3 of P.L.2021, c.171 (C.40:55D-66.20). The bill would also clarify that, in the case of the construction or reconstruction of a multi-unit dwelling, the number of Make-Ready off-street parking spaces required pursuant to subsection a. of section 3 of P.L.2021, c.171 (C.40:55D-66.20) would be in proportion to the new or reconstructed multi-unit dwelling and not the entire existing development. In addition, the bill would provide that a municipality would be required to use the total number of parking spaces that will actually be provided in a new or reconstructed parking lot or garage, regardless of whether those spaces are pre-existing, new, or reconstructed spaces and, in the event that an applicant for site plan approval has requested a parking variance as part of the application, regardless of the number of spaces required by ordinance, for the purposes of complying with section 3 of P.L.2021, c.171 (C.40:55D-66.20).

The bill would remove provisions in current law that require certain amendments to the (1) Statewide site improvement standards for multifamily residential development, and (2) the State Uniform Construction Code, carried out by the Commissioner of Community Affairs (commissioner) pursuant to section 3 of P.L.2021, c.171 (C.40:55D-66.20), to be consistent with the model land use ordinance published by the commissioner pursuant to section 4 of P.L.2021, c.171 (C.40:55D-66.21). The bill would remove the authority of the commissioner to update the electric vehicle charger and Make-Ready parking space requirements established pursuant to subsections a. and b. of section 3 of P.L.2021, c.171 (C.40:55D-66.20). The bill would instead authorize the commissioner to update elements of the model land use ordinance discussed above, but would require the commissioner to do so in accordance with the Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).