A1558

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.