S3739

An Act concerning applications for development of electric vehicle supply equipment 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 administratively through the issuance of a [zoning] non-discretionary permit by the administrative officer, provided the [application meets the following requirements:] proposed installation complies with the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), applicable safety standards adopted by State law, rule, or regulation, and any other law, rule, or regulation concerning electric vehicle supply equipment.

(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.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

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.

d. An application for the installation of electric vehicle supply equipment or Make-Ready parking spaces that does not qualify for approval pursuant to subsection a. of this section shall not be required to obtain variance relief pursuant to P.L.1975, c.291 (C.40:55D-1 et seq.), provided that the application is otherwise eligible for administrative approval, complies with the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), and applicable safety standards adopted by State law, rule, or regulation. An application processed pursuant to this subsection shall be reviewed administratively and shall not be subject to site plan or other land use board review.

e. A municipality’s, county’s, or municipality’s and county’s review of the application to install electric vehicle supply equipment shall be limited to those standards and regulations necessary to ensure that the electric vehicle supply equipment will not have a specific, identifiable, and adverse impact upon public health or safety, supported by substantial evidence in the record, for which there is no feasible method to satisfactorily mitigate or avoid the impact. The review shall be limited to applicable safety considerations and shall not include generalized planning or land use considerations unrelated to demonstrable public health or safety concerns, except where expressly required by State law, rule, or regulation.

f. Electric vehicle supply equipment infrastructure that encroaches upon required setbacks established by a local government entity shall not constitute an adverse impact upon public health or safety. Nothing in this subsection shall be construed to permit electric vehicle supply equipment that obstructs required sight triangles, fire lanes, or emergency access as determined in accordance with applicable safety standards adopted by State law, rule, or regulation.

g. For purposes of this section:

"Non-discretionary permit" means a permit approved as a ministerial act upon verification of compliance with applicable standards, as provided in subsection a. of this section, and shall not require discretionary judgment, variance relief, or land use board review.

(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-66.19) with the intent to streamline and clarify the approval process for installation of electric vehicle supply equipment (EVSE) and Make-Ready parking spaces at existing gasoline service stations, retail establishments, and other existing buildings, while preserving appropriate public health and safety protections and maintaining applicable inspection requirements.

The bill provides that qualifying applications for the installation of EVSE are to be approved administratively through issuance of a non-discretionary permit in a ministerial permitting process, provided the proposed installation complies with the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), applicable safety standards adopted by State law, rule, or regulation, and any other law, rule, or regulation concerning EVSE. By clarifying that these approvals are ministerial in nature, the bill’s intent is to promote uniform consistent, predictable, and timely permitting practices across the State.

The bill removes certain approval requirements from existing law that have resulted in unnecessary delays, including requirements related to bulk zoning standards and prior site plan conditions that are unrelated to public health or safety.

The bill expressly maintains all applicable local and Department of Community Affairs inspection requirements to ensure continued compliance with construction, fire, and safety standards.

The bill provides that an application for the installation of EVSE or Make-Ready parking spaces that does not qualify for approval pursuant to subsection a. of the bill is not to be required to obtain variance relief, provided that the application is otherwise eligible for administrative approval, complies with the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), and applicable safety standards adopted by State law, rule, or regulation. These applications are to be reviewed administratively and are not to be subject to site plan or other land use board review.

The bill further provides that local review of development applications is limited to specific, identifiable public health or safety impacts supported by substantial evidence in the record, consistent with the limited, administrative nature of the approval process.

The bill also provides that EVSE infrastructure that encroaches upon required setbacks established by a local government entity is not to constitute an adverse impact upon public health or safety. The bill preserves essential safety oversight by clarifying that EVSE is not to obstruct required sight triangles, fire lanes, or emergency access, as determined in accordance with applicable safety standards adopted by State law, rule, or regulation.

By reducing unnecessary permitting barriers while maintaining essential safety protections, this bill supports expanded access to electric vehicle charging for residents, facilitates private investment by businesses, promotes economic activity, and advances New Jersey’s clean transportation and environmental goals in a manner that is efficient, predictable, and responsive to the needs of communities throughout the State.