Bill Text: NJ A5032 | 2020-2021 | Regular Session | Introduced
Bill Title: Provides that electric vehicle charging stations are permitted accessory uses and structures and requires ordinance concerning electric vehicle charging stations.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2020-12-10 - Combined with A2108 (ACS) [A5032 Detail]
Download: New_Jersey-2020-A5032-Introduced.html
Sponsored by:
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
SYNOPSIS
Provides that electric vehicle charging stations are permitted accessory uses and structures and requires ordinance concerning electric vehicle charging stations.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning electric vehicle charging stations and supplementing P.L.1975, c.291 (C.40:55D-1 et seq.) and P.L.1993, c.30 (C.45:22A-43 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. An electric vehicle charging station shall be a permitted accessory use and permitted accessory structure in all zoning or use districts of a municipality and shall not require a variance pursuant to subsection d. of section 57 of P.L.1975, c.291 (C.40:55D-70).
b. A municipality may, by ordinance, adopt reasonable standards for the siting of an electric vehicle charging station. The standards may address sightline and setback requirements and other health- and safety-related specifications for the siting of an electric vehicle charging stations. Nothing in this subsection shall be deemed to authorize a municipality to require site plan review by a municipal agency solely for the installation of an electric vehicle charging station. An application for development submitted solely for the installation of an electric vehicle charging station shall be approved by issuance of a zoning permit by the administrative officer and without site plan approval.
c. The model ordinance promulgated by the Department of Environmental Protection pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall take effect in each municipality, however, a municipality may deviate from the site standards set forth in the model ordinance by adoption of an ordinance pursuant to subsection b. of this section.
2. a. Within 90 days of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the Department Environmental Protection, in consultation with the Department of Community Affairs, shall promulgate a model land use ordinance for the siting of electric vehicle charging stations and shall post the model land use ordinance on its Internet website.
b. The model land use ordinance shall impose the following requirements as a condition of site plan approval:
(1) Each multifamily building with five or more dwelling units shall provide at least 15 percent of the required off-street parking spaces with Level One or higher alternating current electrical powered electric vehicle charging stations, and at least 10 percent of those parking spaces shall be accessible for people with disabilities.
(2) Each parking lot or garage not covered in paragraph (1) of this subsection shall provide:
(a) At least one Level Two or higher alternating current electrical powered electric vehicle charging station, if there will be 50 or fewer off-street parking spaces.
(b) At least two Level Two or higher alternating current electrical powered electric vehicle charging stations, if there will be 75 or fewer off-street parking spaces, but more than 50.
(c) At least three Level Two or higher alternating current electrical powered electric vehicle charging stations, at least one of which shall be accessible for people with disabilities, if there will be 100 or fewer off-street parking spaces, but more than 75.
(d) At least four Level Two or higher alternating current electrical powered electric vehicle charging stations, at least one of which shall be accessible for people with disabilities, if there will be 150 or fewer off-street parking spaces, but more than 100.
(e) If there will be more than 150 off-street parking spaces, at least four percent of the parking spaces shall provide Level Two or higher alternating current electrical powered electric vehicle charging stations, and at least 10 percent of those parking spaces shall be accessible for people with disabilities.
(f) In lieu of installing Level 2 Charging Stations as required by subsection e. of paragraph (2) of this subsection, a parking lot or garage may install direct current fast charging stations as follows:
(i) A parking lot or garage with 150 or fewer off-street parking spaces may install a direct fast charger or chargers with a total combined power output capacity of at least 50 kilowatts; and
(ii) A parking lot or garage with more than 150 off-street parking spaces may install a direct current fast charger or chargers with a total combined power output capacity of at least 150 kilowatts.
c. (1) The Site Improvement Advisory Board, established pursuant to section 3 of P.L.1993, c.32 (C.40:55D-40.3.), shall, no later than 90 days following enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), submit a recommendation to the Commissioner of Community Affairs to amend the Statewide site improvement standards for residential development to include parking spaces with electric vehicle charging stations in the calculation of minimum required parking spaces. The commissioner shall review the recommendation and shall adopt the recommendation by regulation in accordance with the procedure set forth in section 4 of P.L.1993, c.32 (C.40:55D-40.4).
(2) An electric vehicle charging station permitted as an accessory use shall be excluded from any parking requirement otherwise applicable to the number of units or amount of floor space of the primary use, as appropriate, under State or local laws or regulations adopted thereunder.
3. This act shall take
effect immediately.
STATEMENT
Under the bill, an electric vehicle charging station would be a permitted accessory use and permitted accessory structure in all zoning or use districts of a municipality and would not require use variances.
Under the bill, a municipality would permitted, by ordinance, to adopt reasonable standards for the siting of an electric vehicle charging station. The standards may address sightline and setback requirements and other health- and safety-related specifications for the siting of an electric vehicle charging stations. Nothing in the bill would authorize a municipality to require site plan review by a municipal agency solely for the installation of an electric vehicle charging station. Under the bill, an application for development submitted solely for the installation of an electric vehicle charging station would be approved by issuance of a zoning permit by the administrative officer and without site plan approval.
Within 90 days of enactment of the bill, the Department of Environmental Protection in consultation with the Department of Community Affairs, would be required to promulgate a model land use ordinance for the siting of electric vehicle charging stations and to post the model land use ordinance on its Internet website.
Under the bill, the model ordinance promulgated by the Department of Environmental Protection would take effect in each municipality, however, a municipality may deviate from the site standards set forth in the model ordinance by adoption of an ordinance pursuant to the bill.
The model land use ordinance to be promulgated under the bill would impose, as a condition of receiving site plan approval, a requirement that a certain number of electric vehicle charging stations be provided. The number of electric vehicle charging stations required, and whether Level One or higher or Level Two or higher alternating current electrical powered charging stations are required, under the bill varies for a multifamily building with five or more dwelling units and a parking lot or garage.
Additionally, in lieu of installing Level 2 Charging Stations as required by the bill, a parking lot or garage with 150 or fewer off-street parking spaces may install a direct fast charger or chargers with a total combined power output capacity of at least 50 kilowatts; and a parking lot or garage with more than 150 off-street parking spaces may install a direct current fast charger or chargers with a total combined power output capacity of at least 150 kilowatts.
Finally, the bill would require the amendment the Statewide site improvement standards for residential development to include parking spaces with electric vehicle charging stations in the calculation of minimum required off-street parking spaces. An electric vehicle charging station permitted as an accessory use would be excluded from any parking requirement otherwise applicable to the number of units or amount of floor space of the primary use, as appropriate, under State or local laws or regulations adopted thereunder.
