ASSEMBLY, No. 2360
STATE OF NEW JERSEY
INTRODUCED FEBRUARY 3, 2020
Assemblywoman ANNETTE CHAPARRO
District 33 (Hudson)
Assemblyman ROBERT J. KARABINCHAK
District 18 (Middlesex)
Assemblyman GORDON M. JOHNSON
District 37 (Bergen)
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
Senator BRIAN P. STACK
District 33 (Hudson)
Assemblymen Bergen, Calabrese, Assemblywomen Vainieri Huttle, Downey, Assemblyman Houghtaling and Assemblywoman Swain
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 Senate on December 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 resides1 2and that is intended for a specific resident’s exclusive use2 3[;] .3
“Electric public utility” shall have the same meaning as provided in section 3 of P.L.1999, c.23 (C.48:3-51) 3[;] .3
“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 3[;] .3
“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.
3"Point of utility delivery" means the point at which an electric public utility’s electrical equipment or conductors connects to a customer’s electrical equipment or conductors.3
“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,
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 3is a residential unit owner who3 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 3[resident] residential unit owner3 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 3[resident] residential unit owner3 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 3[electricity] electric commodity service3 from a party other than the electric public utility serving the planned real estate development, 3the distribution charges, inclusive of demand charges and load management programs that are offered by3 the electric public utility 3[may charge the planned real estate development the agreed upon rate1] , shall be comparable to those offered by the electric public utility to residential customers receiving basic generation service3 .
2d. Nothing in subsection b 3.3 of this section shall prevent a 3planned real estate3 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
3e. An electric public utility, upon the request of an applicant for electric service at a planned real estate development, shall install, up to the point of utility delivery, any distribution infrastructure necessary to facilitate the future installation of an electric vehicle charging station that provides Level 2 charging capability, under rates, terms and conditions as established by the board. Any prudent costs incurred by the electric public utility shall be deemed consistent with the provisions of R.S.48:2-27 governing the extension of public utility facilities, subject to any maximum cost as may be established by the board. The electric public utility shall be entitled to full and timely recovery of all such prudently incurred costs, provided that the cost of any electric vehicle charging station or installation thereof is not included.3
2. This act shall take effect immediately, but shall remain inoperative for 3 1203 days following the date of enactment.