Bill Text: NJ A3647 | 2010-2011 | Regular Session | Amended
Bill Title: Requires owners of certain newly developed shopping centers to provide electric vehicle charging stations.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2011-02-17 - Assembly Floor Amendment Passed (Cryan) [A3647 Detail]
Download: New_Jersey-2010-A3647-Amended.html
Sponsored by:
Assemblyman JOSEPH CRYAN
District 20 (Union)
SYNOPSIS
Requires owners of certain newly developed shopping centers to provide electric vehicle charging stations.
CURRENT VERSION OF TEXT
As reported by the Assembly Appropriations Committee on February 3, 2011, with amendments.
An Act concerning electric vehicle charging stations, supplementing Title 56 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Board" means the New Jersey Board of Public Utilities.
"Electric vehicle charging station" 1[or "charging station"]1 means an electric recharging point complete with electric vehicle supply equipment that is capable of providing level 2 charging for plug-in electric motor vehicles.
"Electric vehicle supply equipment" means the conductors, including the underground, grounded, and equipment grounding conductors, and the electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatuses that are installed specifically for the purpose of delivering electricity from the premises wiring to a plug-in electric motor vehicle."
"Level 2 charging" means the provision of 208-240 volt alternate current electricity to an onboard charger of a plug-in electric motor vehicle in a single phase with a maximum current specified at 32 continuous amps with a branch circuit breaker rated at 40 amps and a maximum continuous input power specified at 7.68 kilowatts.
"Plug-in electric motor vehicle" means a vehicle propelled to a significant extent by an electric motor which draws electricity from a battery that is capable of being recharged from an external source of electricity.
"Shopping center development" means a privately owned and operated commercial development that is or is to be owned and managed as a unit consisting of a building or series of buildings on a common site together with an adjacent parking area of no less than 100 parking spaces to which the public is invited.
"Shopping center owner" or "owner" means the owner of a shopping center development proposed for construction or constructed in this State.
2. a. The owner of a shopping center development or proposed shopping center development shall provide that no less than five percent of the parking spaces for the shopping center development are equipped with electric vehicle charging stations, and that such stations are available for use during the hours of operation of the shopping center development.
b. The provisions of subsection a. of this section shall 1[be inapplicable] not apply1 to (1) 1[any] a1 shopping center development constructed prior to 1[the effective date of this act] the first day of the fourth month following the date of enactment of P.L. , c. (C. )(pending before the Legislature as this bill)1 , and (2) 1[any] a1 proposed shopping center development for which a site plan application shall have been filed prior to 1[that effective date] the first day of the fourth month following the date of enactment of P.L. , c. (C. )1 , whether or not that application shall have been approved or construction of that proposed development shall have been commenced.
3. a. A shopping center owner may recover costs of compliance with the requirements of subsection a. of section 2 of 1[this act] P.L. , c. (C. )(pending before the Legislature as this bill)1, including costs associated with installation of electric vehicle charging stations, from motorists who use the stations, in proportion to their use. 1[The Board of Public Utilities shall initiate a proceeding and, after notice, provision of the opportunity for comment, and a public hearing, shall adopt standards for a schedule of prices, including the maximum prices which a shopping center owner may charge pursuant to this act, to allow shopping center owners to recover such costs of compliance. Any standards, or modification thereof, shall be adopted by the board as a regulation pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).]1
b. A shopping center owner imposing charges on motorists pursuant to subsection a. of this section for 1[the use of an]1 electric vehicle charging station 1service1 shall publicly display and maintain, in the manner regulated by the Director of the Division of Taxation 1pursuant to P.L.1952, c.258 (C.56:6-2.1 et seq.)1 , a sign legible to the motorist stating the price per unit of time, unit of voltage, or other measure of usage, as determined by the board 1[hereunder] pursuant to section 4 of P.L. , c. (C. )(pending before the Legislature as this bill)1, to be charged to the motorist for such 1[use] service1. All taxes and charges imposed with respect to the sale of electric vehicle charging station 1[use] service1 shall1, notwithstanding the provisions of section 14 of P,L,1966, c.30 (C.54:32B-14) to the contrary, 1 be included in the price shown on that sign, but the sign shall contain a statement of the amount of taxes included in that price, or, without specifying the amount thereof, the sign shall state that taxes are included in the price. A shopping center development owner shall not charge for 1[use of the]1 electric vehicle charging station 1service1 at any other price than the price so posted, including tax.
c. No shopping center development owner shall sell 1[use of a] electric vehicle1 charging station 1service1 at a price which exceeds the maximum price set by the board.
14. The Board of Public Utilities shall initiate a proceeding and, after notice, provision of the opportunity for comment, and a public hearing, shall adopt standards for a schedule of prices, including the maximum prices which a shopping center owner may charge pursuant to section 3 of P.L. , c. (C. )(pending before the Legislature as this bill), to allow shopping center owners to recover their costs of compliance with section 2 of P.L. , c. (C. )(pending before the Legislature as this bill). Any standards, or modification thereof, shall be adopted by the board as a regulation pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).1
1[4. Every] 5. Each1 shopping center development owner who shall fail to provide electric vehicle charging stations 1as required1 pursuant to section 2 of 1[this act] P.L. , c. (C. )(pending before the Legislature as this bill)1; or who shall fail to post and publicly display, in the manner required pursuant to subsection 1[a.] b.1 of section 3 of 1[this act] P.L. , c. (C. )(pending before the Legislature as this bill)1, a sign stating the price per unit of electric vehicle charging station 1[use] service1 ; or who shall sell 1electric vehicle1 charging station 1[use] service1 at a price inconsistent with the standards established by the board pursuant to 1[subsection b. of]1 section 1[3] 41 of 1[this act] P.L. , c. (C. ) (pending before the Legislature as this bill)1 , shall, upon conviction, be subject to a penalty of not more than $500 for the first offense and not more than $1,000 for the second and any subsequent offense.
1[5.] 6.1 The following procedure shall be followed in actions for the enforcement of penalties set forth in section 4 of this act:
a. The penalty shall be sued for in the name of the Director of the Division of Taxation. The Superior Court and every municipal court is hereby authorized, upon the filing of a complaint in writing, duly verified by the Director of the Division of Taxation, or by any assistant or employee of the Director of the Division of Taxation, which may be made upon information or belief, that a shopping center development owner has violated any of the provisions of this act, to issue process at the suit of the Director of the Division of Taxation as plaintiff. Such process shall be either in the nature of a summons or warrant, which may issue without any order of the court or judge first being obtained against the person or persons so charged.
b. The officers to serve and execute all process under this act shall be officers authorized to serve all process out of the Superior Court or municipal court of competent jurisdiction.
1[6.] 7.1 Any habitual violations of provisions of this act, or of any orders or rules or regulations made pursuant to this act, may be restrained by the Superior Court of competent jurisdiction in an action brought for such purpose by the Director of the Division of Taxation.
18. a. The Director of the Division of Taxation shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt and promulgate such rules and regulations as may be necessary for the implementation of P.L. , c. (C. )(pending before the Legislature as this bill).
b. To provide data for, and facilitate the production of, the report required by subsection c. , of this section, the Director of the Division of Taxation shall compile compliance and enforcement data on the implementation of the requirements of sections 2 and 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) on determinations of whether a particular shopping center development was subject to and compliant with P.L. , c. (C. ) (pending before the Legislature as this bill) including statistics of the numbers of inspections, numbers of violations cited and categorized by type of violation, corrective actions implemented by the owners, penalties assessed and penalties collected and such other information as the Chief Executive Officer of the New Jersey Economic Development Authority may request, and shall report the data for each State fiscal year to the Chief Executive Officer of the New Jersey Economic Development Authority on or before the first day of December of the following year for the first four fiscal years beginning after the date of enactment of P.L. , c. (C. )(pending before the Legislature as this bill).
c. The Chief Executive Officer of the New Jersey Economic Development Authority shall, on or before the April 1 following the end of the fourth State fiscal year beginning after the date of enactment of P.L. , c. (C. )(pending before the Legislature as this bill) prepare and transmit to the Governor and the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), a report evaluating the requirements of P.L. , c. (C. ) and determining whether the requirements of P.L. , c. (C. ) have been rendered unnecessary by market forces.1
1[7.] 9.1 This act shall take effect immediately, but 1[the provisions of]1 sections 1 through 1[6] 3 and sections 5 through 71 shall be inoperative until the first day of the fourth month following 1the date of1 enactment 1[; provided, however, that the board and the Division of Taxation may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act]1 .
