ASSEMBLY STATE AND LOCAL GOVERNMENT COMMITTEE

 

STATEMENT TO

 

[First Reprint]

ASSEMBLY, No. 4531

 

STATE OF NEW JERSEY

 

DATED:  MAY 11, 2026

 

      The Assembly State and Local Government Committee reports favorably Assembly Bill No. 4531 (1R).

      As reported, this bill establishes an alternative compliance method for the development of electric vehicle supply equipment (EVSE) and Make-Ready parking spaces based on charging capacity.  The alternative compliance method allows for the consideration of total charging capacity of the EVSE and Make-Ready parking spaces instead of the number of parking spaces that provide the charging service.

      The bill provides that a developer or owner subject to certain requirements may satisfy the requirements for the installation of EVSE or Make-Ready parking spaces by either: (1) complying with the applicable requirements based on the number of parking spaces prepared with EVSE or Make-Ready equipment, as otherwise provided by law; or (2) providing a minimum total electric vehicle charging capacity at the development or parking facility, as determined in accordance with uniform, Statewide standards established pursuant to this bill.

      Within 12 months of the effective date of the bill, the Site Improvement Advisory Board, in consultation with the Department of Community Affairs (DCA) and the Board of Public Utilities, is to adopt rules and regulations to effectuate the alternative compliance method concerning electric vehicle charging capacity.  These rules and regulations are to establish uniform, Statewide standards governing compliance based on total electric vehicle charging capacity, which are to include certain requirements enumerated in the bill.

      The bill provides that a municipality or local land use board is not to impose requirements related to electric vehicle charging capacity, EVSE type, or compliance methodology that are additional to, or inconsistent with, the alternative compliance standards established pursuant to the bill.  The alternative compliance method is to be optional and is not to be construed to waive, reduce, or eliminate existing requirements including applicability thresholds, phased installation timelines, or accessibility requirements, except as expressly provided by rule or regulation.

      The bill provides that EVSE installed pursuant to the alternative compliance method may be eligible for parking space credits to the same extent as EVSE installed pursuant to current law, where the credits are otherwise permitted by law.  Any parking space credits applied pursuant to the bill are to remain subject to the limitations set forth in current law, including the limitation that the credits are not to reduce the total required parking by more than 10 percent.

      The bill provides that the alternative compliance method is to affect only the manner in which compliance with EVSE requirements is measured and is not to be construed to increase, decrease, or otherwise modify minimum parking requirements applicable to a development or parking facility.  Nothing in the bill is to be construed to alter or modify minimum off-street parking requirements otherwise applicable pursuant to law, rule, regulation, or ordinance.

      The bill provides that the alternative compliance method is to be implemented in a manner consistent with the “State Uniform Construction Code Act” and any applicable accessibility and safety requirements.  EVSE installed pursuant to the alternative compliance method is to include an appropriate proportion of accessible parking spaces, as determined in accordance with standards established by federal, State, and local law.  Nothing in the bill is to be construed to limit the authority of the DCA to adopt or enforce standards necessary to ensure compliance with accessibility, safety, and construction requirements applicable to EVSE and associated infrastructure.

      The bill provides that, in reviewing an application for development or permitting application subject to the bill, a municipal agency or local land use board may review the proposed location, layout, traffic circulation, and safety impacts of EVSE and associated infrastructure, consistent with applicable site plan review authority.  A municipal agency or local land use board is not to deny, condition, or delay approval of an application solely on the basis of the type of EVSE installed, the charging speed or rated capacity of such equipment, or the use of the alternative compliance method, provided that the applicant demonstrates compliance with the uniform, Statewide standards established by rule adopted pursuant the bill.