Bill Text: NJ S3791 | 2024-2025 | Regular Session | Introduced
Bill Title: Requires DOT to ensure electric vehicle charging stations are accessible to disabled drivers.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2024-10-10 - Introduced in the Senate, Referred to Senate Environment and Energy Committee [S3791 Detail]
Download: New_Jersey-2024-S3791-Introduced.html
Sponsored by:
Senator JOHN F. MCKEON
District 27 (Essex and Passaic)
SYNOPSIS
Requires DOT to ensure electric vehicle charging stations be accessible to disabled drivers.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the accessibility of electric vehicle charging stations and supplementing Title 39 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:
"Level 2 charging" means the provision of electricity by an onboard charging system providing 240 volt alternate current electricity to a plug-in electric vehicle.
"Level 3 charging" means the provision of electricity by an off-board charging system providing 480 volt alternate current electricity to a plug-in electric vehicle.
"ABA" means the federal "Architectural Barriers Act of 1968" (42 U.S.C. s.4151 et seq.).
"ADA" means the federal "Americans with Disabilities Act of 1990" (42 U.S.C. s.12101 et seq.).
"Charger" means a device with one or more charging ports and connectors for charging electric vehicles. "Charger" also includes electric vehicle supply equipment.
"Charging port" means the system within a charger that is capable of charging a single electric vehicle at one time.
"Charging station" means a public or private vehicle fueling station complete with electric vehicle supply equipment that is capable of providing level 2 charging or level 3 charging for plug-in electric vehicles.
"Charging station operator" means the entity that operates and maintains the chargers, supporting equipment, and facilities at one or more charging stations.
"Connector" means a device that attaches electric vehicles to charging ports to transfer electricity.
"Contactless payment methods" means a secure method for consumers to purchase services using a debit, credit, smartcard, or another payment device by using radio frequency identification technology and near-field communication.
"Department" means the Department of Transportation.
"Electric vehicle" means any passenger car, station wagon, or other motor vehicle that is propelled solely by an electric motor or energy storage device.
"ICT" means information and communication technology.
"Site" means a parcel of land bounded by a property line or a designated portion of a public right-of-way.
"Vehicle charging inlet" means the area on a vehicle into which a connector is plugged.
"Vehicle charging space" means
a space to park an electric vehicle for charging. A vehicle charging space may
be a marked parking space or an unmarked area adjacent to a charger.
2. a. No later than 18 months after the effective date of this act, the department shall require that newly installed electric vehicle charging stations in this State are readily accessible to allow independent use by drivers with disabilities, including, but not limited to, people who have lost the use of one or more limbs, cannot walk without the use of an assistive device, or have a disability which severely hinders the individual's functional limitations. Electric vehicle charging stations installed in the State shall include physical access for people who use mobility devices, including, but are not limited to: wheelchairs, canes, scooters, and walkers. Chargers in the State shall be required to have accessible communication features and operable parts. A charger containing ICT that is developed, procured, maintained, or used by any entity within the State shall comply with Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. s.794d) and have accessible ICT, including accessible hardware, software, and operable parts.
b. Chargers designed to serve people who use mobility devices shall be located on an accessible route and shall provide:
(1) a vehicle charging space that is at least 11 feet wide and 20 feet long;
(2) an adjoining access aisle that is at least five feet wide and the full length of the vehicle charging space;
(3) a clear floor or ground space at the same level as the vehicle charging space and positioned for an unobstructed side reach; and
(4) accessible operable parts, including parts on the charger and connector.
c. The department shall adopt the technical requirements for accessible routes established by the ADA and ABA standards, including walking surfaces, curb ramps, and ramps.
d. The department may require existing charging stations to comply with the accessibility requirements as provided in this act. The department may authorize, as necessary, charging stations installed prior to the effective date of this act to meet accessibility requirements to the maximum extent feasible.
3. Where vehicle charging spaces are marked, access aisles shall also be marked to restrict parking therein. The width of the vehicle charging spaces and access aisles shall be measured to the centerline of markings, but may include the full width of lines where there is no adjacent vehicle space or access aisle. One access aisle may be shared by two vehicle charging spaces, or a charging space and a parking space, but overlap of the aisle shall be limited to five feet. Access aisles shall not be blocked or obscured by curbs, wheel stops, bollards, or charging cable slack. Floor or ground surfaces of vehicle charging spaces and access aisles shall comply with Section 302 of the ADA. The access aisle shall be connected by an accessible route to the clear floor or ground space at the charger. When charging cables are less than 10 feet, the charger shall be positioned so that the operable parts and clear floor or ground space are on the same side as the access aisle.
4. Chargers shall provide a clear floor or ground space. Clear floor or ground spaces shall meet ADA requirements for ground and floor surfaces, including criteria for firmness, stability, and slip resistance. The clear floor or ground space shall be free of changes in level and not sloped more than 1:48. Grass, curbs, wheel stops, and bollards shall not be located within the clear floor or ground space. Clear floor or ground space at chargers shall be a minimum of 30 inches by 48 inches. Additional space may be required where the clear floor or ground space confined on three sides and obstructed for more than half the depth. Chargers shall be installed at the same level as the vehicle charging space and access aisle so that the clear floor or ground space can be placed as close as possible to the charger. For a charger that is required to be installed on a curb, such as at on-street parking, the charger shall be placed as close to the edge of the face of the curb as possible and no farther than 10 inches away from the face of the curb.
5. A reasonable number of chargers, as determined by the department, shall comply with Section 309 of the ADA operable parts requirements, including technical requirements for clear floor or ground space, reach ranges, and operation. Operable parts on chargers shall include, but shall not be limited to, the connector, card readers, electronic user interfaces, and switches and buttons, including the emergency start or stop button. All operable parts shall also meet the ADA requirements for an unobstructed side reach and be no higher than 48 inches above the clear floor or ground space and no farther than 10 inches away. An exception for a fuel dispenser shall not be used. Operable parts shall be placed at a reasonable height, as determined by the department, but not less than a minimum of 15 inches from the base of the charger.
6. Connectors shall allow operation with one hand and no tight grasping, pinching, or twisting of the wrist, and shall require no more than five pounds of force to operate. Lightweight charging cables, including, but not limited to, Level 2 charging and Level 3 charging cables shall be of sufficient length, as determined by the department, to charge a vehicle with various charging inlet locations. Heavier and shorter Level 3 charging cables shall be able to charge a vehicle positioned at least five feet away and shall be installed so that users can access the vehicle charging inlet, access aisle, and charger. Charging cables shall not block or obstruct accessible routes when stored or when connected to vehicles.
7. a. All chargers that are procured or maintained in the State shall comply with the technical requirements for hardware under Section 508 of the federal "Rehabilitation Act of 1973" (29 U.S.C. s.794d).
b. Charging station display screens shall:
(1) be visible from a point located 40 inches above the clear floor or ground;
(2) avoid bright and rapid flashing lights;
(3) include at least one mode with text characters in a sans serif font and have an adjustable text size or a minimum character height of 3/16 inch;
(4) enable speech output that includes:
(a) an option for display screens to provide speech output that is capable of full and independent use by individuals with vision impairments;
(b) coordination with information displayed on the display screen;
(c) capabilities that allow for pausing and repeating; and
(d) volume controls; and
(5) include Braille instructions for initiating the speech output function.
c. Input controls shall include:
(1) a label on keys and visual controls with high contrast;
(2) a control that is tactically discernible;
(3) a QWERTY layout when alphabetical keys are provided;
(4) a 2-second delay before input of a key is repeated; and
(5) a visual, auditory, or tactile alert that notifies the user when a timed response is required and gives the user an opportunity to indicate more time is needed.
d. If the charger requires the use to have a physical token that requires a particular orientation for its use, including, but not limited to, NFC key fobs, then the card or token shall provide a tactically discernible orientation.
8. a. Registration and payment card readers shall be compatible with contactless payment systems, tactically discernible, and provide visual and audible feedback.
b. Charging station operators shall provide customer service, help support, or other mechanisms to report outages, malfunctions, obstructed chargers, and other issues.
9. a. A charging station shall connect to an accessible route that leads to an accessible entrance of the building or facilities on the same site. Additionally, the accessible chargers shall be on the shortest accessible route to the accessible entrance relative to other chargers at the same charging station.
b. Charging stations in parking garages shall provide an accessible route that connects to the accessible pedestrian entrance of the parking garage. Additionally, a minimum vertical clearance of 98 inches shall be maintained throughout the vehicular route to the accessible vehicle charging space and access aisle.
c. Sites with charging stations as the primary purpose shall include accessible routes that connect to any amenities on the site and, if provided, a sidewalk in the public right-of-way.
d. Charging stations added to existing sites shall comply with the ADA and ABA requirements for modifications and additions. When conducting a modification of an existing site, compliance with the ADA and ABA standards is required to the maximum extent feasible. If charging stations are added to an existing site, they shall connect to an accessible route and a reasonable number of chargers, as determined by the department, shall comply with Section 305 of the ADA, and have a clear floor or ground space and operable parts within reach range.
10. Notwithstanding any law, or any rule or regulation adopted pursuant thereto the contrary, shared or common-use chargers located at residential facilities in the State shall be accessible. Chargers that are designated to serve specific residential units shall provide the appropriate accessibility features. When residential facilities designate parking spaces to serve each residential unit, the parking space for the mobility accessible unit shall be an accessible parking space. A charger provided for a mobility accessible residential unit shall have a charging space with accessible mobility features. A charger provided for a communication accessible residential unit shall have a charger with accessible communication features.
11. The Department of Transportation shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) as may be necessary to implement the provisions of this act.
12. This act shall take effect immediately.
STATEMENT
This bill directs the Department of Transportation (DOT) to require, no later than 18 months after the effective date of the bill, that electric vehicle charging stations in the State are accessible to allow for independent use by drivers with disabilities. The bill requires electric vehicle chargers to be located on an accessible route for drivers with mobility devices. The bill requires the DOT to adopt technical requirements for accessible routes established under federal law. The bill establishes that a charging space with mobility features shall provide a vehicle space with a minimum width of at least 11 feet and a minimum length of at least 20 feet, and that chargers provide a clear floor or ground space which meet the federal "Americans with Disabilities Act of 1990" (ADA) requirements for ground and floor surfaces, including criteria for firmness, stability, and slip resistance. Further, under the bill, a reasonable number of chargers, as determined by the DOT, are required to comply with ADA operable parts requirements, including technical requirements for clear floor or ground space, reach ranges, and operation and a connector is required to allow operation with one hand and no tight grasping, pinching, or twisting of the wrist, and with no more than five pounds of force. Finally, the bill directs that all chargers operated or maintained by any entity within the State are required to comply with the technical requirements for hardware under the federal "Rehabilitation Act of 1973."
