[Second Reprint]

ASSEMBLY, No. 2360

STATE OF NEW JERSEY

219th LEGISLATURE

INTRODUCED FEBRUARY 3, 2020

Sponsored by:

Assemblywoman  ANNETTE CHAPARRO

District 33 (Hudson)

Assemblyman  ROBERT J. KARABINCHAK

District 18 (Middlesex)

Assemblyman  GORDON M. JOHNSON

District 37 (Bergen)

Co-Sponsored by:

Assemblymen Bergen, Calabrese, Assemblywomen Vainieri Huttle, Downey and Assemblyman Houghtaling

SYNOPSIS

     Requires electric public utility to charge residential rate for service used by residential customer for electric vehicle charging at charging stations within certain designated parking spaces.

CURRENT VERSION OF TEXT

     As amended by the General Assembly on May 20, 2021.

An Act concerning certain electric public utility service rates and supplementing Title 48 of the Revised Statutes.

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

      1.   a.  As used in this section:

      “Designated parking space” means a parking space that is specifically designated for use by a ¹[particular residential unit owner] resident of any premises intended for residential occupancy¹, including, but not limited to, a garage ¹[, a deeded parking space, and a] or other¹ parking space ¹[in a limited common element that is restricted for use by one or more residential unit owners] located at the resident’s premises or upon the premises of the planned real estate development where the resident resides^{1 2}and that is intended for a specific resident’s exclusive use²;

      “Electric public utility” shall have the same meaning as provided in section 3 of P.L.1999, c.23 (C.48:3-51);

      “Electric vehicle charging station” means a station that is ²[designed] installed² in compliance with the State Uniform Construction Code, adopted pursuant to P.L.1975, c.217 (C.52:27D-119 et seq.), that delivers electricity from a source outside an electric vehicle into one or more electric vehicles.  An electric vehicle charging station may include several charge points simultaneously connecting several electric vehicles to the station and any related equipment needed to facilitate charging plug-in electric vehicles;

      “Planned real estate development” or “development” means any real property situated within the State, whether contiguous or not, which consists of or will consist of, separately owned areas, irrespective of form, be it lots, parcels, units, or interest, which are offered or disposed of pursuant to a common promotional plan, and which provide for common or shared elements or interests in real property, including, but not limited to, property subject to the "Condominium Act," P.L.1969, c.257 (C.46:8B-1 et seq.), any form of homeowners' association, housing cooperative, or community trust or other trust device.  “Planned real estate development” shall not include or apply to any form of timesharing.

      “Residential unit owner” means the owner of record of a residential dwelling unit located within a planned real estate development, or, in the case of a cooperative housing corporation, a shareholder of record owning the shares appurtenant to an individual residential dwelling unit.  “Residential unit owner” shall not mean the owner of a commercial unit, space, or interest located within a planned real estate development.

      b.   Notwithstanding the provisions of any law, rule, regulation, or order to the contrary, an electric public utility shall charge a residential rate for service delivered to ¹[a] an electric public utility residential¹ customer of record if the ¹residential¹ customer ¹[is a residential unit owner within a planned real estate development who]¹ uses an electric vehicle charging station at a designated parking space ¹[within that development.  That customer shall be prohibited from selling electricity in any capacity from the electric vehicle charging station at that designated parking space within that development] located at the residential customer’s premises or upon the premises of the planned real estate development where the resident resides.

c.   Notwithstanding the provisions of any law, rule, regulation, or order to the contrary, an electric public utility shall not charge greater than a residential rate ², or greater than an equivalent electricity rate or load management program that is offered by an electric public utility specifically for residential electric vehicle charging,² for service delivered to a planned real estate development for the use of an electric vehicle charging station which is located upon the premises of the planned real estate development and is intended for the use of ²[the] a specific resident in² a planned real estate ²[development’s residents] development².  Notwithstanding the provisions of this subsection, in the event that the planned real estate development has a contract for the purchase of electricity from a party other than the electric public utility serving the planned real estate development, the electric public utility may charge the planned real estate development the agreed upon rate¹.

²d.   Nothing in subsection b of this section shall prevent a development that has installed an electric vehicle charging station from setting the price of the sale of electricity for the use of its electric vehicle charging equipment provided as a service pursuant to section 10 of P.L.2019, c.362 (C.48:25-10).²

     2.    This act shall take effect immediately, but shall remain inoperative for 60 days following the date of enactment.