SENATE TRANSPORTATION COMMITTEE

STATEMENT TO

SENATE, No. 3739

with committee amendments

STATE OF NEW JERSEY

DATED:  MAY 11, 2026

      The Senate Transportation Committee reports favorably and with committee amendments Senate Bill No. 3739.

      As amended and reported, this bill requires qualifying applications for the installation of electric vehicle supply equipment (EVSE) and Make-Ready parking spaces at existing gasoline service stations, retail establishments, and other existing buildings to be approved administratively through the issuance of a non-discretionary permit, provided the application meets certain requirements outlined in the bill.

     The bill provides that EVSE and Make-Ready parking spaces are to be subject to applicable local and Department of Community Affairs inspection requirements but are not to be subject to site plan or other land use board and approval.  However, under the bill, a site plan showing all existing and proposed features located on the property and within 50 feet of the proposed ESVE is to be submitted as part of the application to provide the administrative officer reviewing the application with sufficient information on which to base an approval or denial.

     The bill also limits local review of development applications to standards and regulations necessary to ensure that the ESVE will not have specific, identifiable, and adverse public health or safety impacts supported by substantial evidence in the record.

     Finally, the bill permits EVSE infrastructure to encroach upon required setbacks established by a local government entity provided that a minimum of six feet of grounds maintenance clearance is provided between the ESVE and any natural or man-made obstruction.  However, the bill clarifies that ESVE may not obstruct required sight triangles, fire lanes, or emergency access as determined in accordance with applicable safety standards adopted by State law, rule, or regulation.

COMMITTEE AMENDMENTS:

     The committee amended the bill to: 

(1) remove provisions from the bill that would have deleted certain provisions under current law regarding the requirements for an application for installation of EVSE (installation application) and Make-Ready parking spaces at an existing gasoline service station, existing retail establishment, or any other existing building;

(2) condition the issuance of a non-discretionary permit for an installation application or Make-Ready parking space application at an existing gasoline service station, existing retail establishment, or any other existing building, in part, on the condition that corporate logos, branding, or other symbology integrated into EVSE are not to be considered signage for purposes of municipal sign ordinances;

(3) remove a provision from the bill that established separate application requirements for certain installation applications and Make-Ready parking space applications;

(4) limit the scope of municipal and county reviews of installation applications to those standards and regulations necessary to ensure that EVSE will not have a specific, identifiable, and adverse impact on public health or safety, as supported by substantial evidence in the record.  As introduced, the bill would have required such local review to also ensure that there are no feasible methods to satisfactorily mitigate or avoid such impacts;

(5) exempt an installation application processed pursuant to the bill from site plan or other land use board review and approval, provided that a site plan or scale drawing with certain information is submitted as part of the installation application to provide the administrative officer reviewing the installation application with sufficient information on which to base an approval or denial;

(6) permit EVSE infrastructure to encroach upon required setbacks established by local government entities, subject to certain safety and maintenance clearance requirements.  As introduced, the bill specified that ESVE encroaching upon required setbacks established by a local government entity would not constitute an adverse impact upon public health or safety;

(7) define “administrative officer”; and

(8) make a technical change.