Proposed legislation would allow developers to meet electric vehicle charging mandates through total charging capacity rather than the number of charging spaces installed.
A New Jersey lawmaker has introduced legislation that could change how developers comply with the state’s electric vehicle charging infrastructure requirements, giving property owners the option to meet mandates based on charging capacity instead of the number of parking spaces equipped with chargers.
Senate Bill 3738, sponsored by Sen. Patrick J. Diegnan Jr., would establish an alternative compliance method for electric vehicle supply equipment (EVSE) and Make-Ready parking spaces at certain developments. The proposal seeks to provide greater flexibility while maintaining the state’s existing electric vehicle infrastructure requirements.
Current law, enacted in 2021, requires certain new developments and parking facilities to install EV charging infrastructure or prepare parking spaces for future charger installation. The new bill would allow developers to continue complying under those standards or choose a charging-capacity-based approach.
Alternative compliance option proposed
Under the legislation, developers could satisfy state requirements by providing a minimum amount of electric vehicle charging capacity measured in kilowatts rather than focusing solely on the number of parking spaces equipped with chargers. Lawmakers argue that different developments have varying parking durations and charging demands, making charging capacity a potentially more accurate measure of service availability.
The bill defines charging capacity as the total rated electrical output available for electric vehicle charging at a site or parking facility. It also establishes what is known as a “power allocation method,” which would measure compliance based on total charging capability rather than charger count.
Statewide standards would be created
The legislation directs the Site Improvement Advisory Board to develop statewide regulations within 12 months of the bill becoming law. The board would work in consultation with the Department of Community Affairs and the New Jersey Board of Public Utilities.
The regulations would establish minimum charging-capacity requirements, standards for different charger types, accessibility requirements, safety standards, phased installation schedules, and future expansion planning. The rules would apply uniformly across New Jersey.
The bill also states that municipalities and local land use boards would be prohibited from imposing charging-capacity requirements or compliance standards that are inconsistent with the statewide regulations.
Existing requirements would remain
The proposal specifies that the alternative compliance method would be optional and would not eliminate existing EV infrastructure requirements established under state law. Applicability thresholds, accessibility requirements, and phased installation timelines would remain in effect unless modified through future regulations.
Developers utilizing the alternative compliance method could still qualify for EV-related parking space credits where permitted by law. However, the legislation maintains the existing restriction that parking credits cannot reduce required parking by more than 10 percent.
Local planning boards would retain authority to review site layout, traffic circulation, safety concerns, and charger placement. However, they could not deny or delay an application solely because a developer chose the alternative compliance method or installed a particular type of charging equipment that meets statewide standards.
If enacted, the bill would take effect immediately, though the alternative compliance option would not become available until the required regulations are adopted.
Key Points
• Senate Bill 3738 would allow developers to comply with EV charging mandates based on total charging capacity rather than charger count.
• State regulators would develop uniform statewide standards governing the new compliance option.
• The proposal would preserve existing EV infrastructure requirements while providing developers with additional flexibility.
