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Bill

S 3738

Establishes alternative compliance standards for development of electric vehicle supply equipment and Make-Ready parking spaces based on charging capacity.

2026-2027 Regular Session Introduced by Benjie Wimberly

Allows compliance with EV charging rules by total charging capacity (kW) instead of just counting EVSE spaces, under statewide standards.

Substituted by A4531 (2R)
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WeVote Research Nonpartisan
Bill Summary · S 3738

Overview

S 3738 (New Jersey, Session 222) proposes an alternative compliance path for electric vehicle supply equipment (EVSE) and Make-Ready parking spaces established under P.L.2021, c.171. Instead of measuring compliance solely by the number of parking spaces equipped with EVSE or Make-Ready infrastructure, the bill would permit compliance based on total electric vehicle charging capacity (in kilowatts) at a development or parking facility, using uniform statewide standards.

Purpose and Intent

  • Recognize that different development types have varying charging needs and parking durations.
  • Ensure that charging capacity at a site accurately reflects potential EV charging capability, not just the count of EVSE-ready spaces.
  • Preserve existing EVSE requirements while adding a flexible, capacity-based alternative that can be adopted statewide under consistent rules.

Key Provisions

  • Definitions (Section 2):

    • Charging capacity: total rated electrical output (kW) available for EV charging at a site.
    • Power allocation method: an alternative compliance method based on total charging capacity rather than the number of EVSE-equipped spaces.
    • EVSE and Make-Ready: standard definitions aligned with the current law, including Level 2 and DC Fast Charging (DCFC) configurations.

  • Alternative Compliance Method (Section 3):

    • Developers/owners can satisfy EVSE/Make-Ready requirements by either:
    • The existing method based on space count, or
    • Providing a minimum total charging capacity per uniform statewide standards.

  • Rulemaking and Standards (Section 4):

    • Within 12 months of the bill’s effective date, the Site Improvement Advisory Board (SIAB), with the Department of Community Affairs (DCA) and Board of Public Utilities (BPU), must adopt implementing rules.
    • Rules must establish statewide standards for capacity-based compliance, including:
    • Minimum capacity requirements (possibly tied to parking counts and facility type, e.g., retail, multifamily, office, mixed-use).
    • Equivalency standards for different EVSE types.
    • Accessibility, safety, phased installation, and future expansion provisions.

  • Local Regulation (Section 4c-d):

    • Municipalities/local boards cannot impose inconsistent capacity standards beyond the statewide rules.
    • The alternative method is optional and does not waive other EVSE requirements unless explicitly stated by rule.

  • Parking Credits and Parking Minimums (Section 5):

    • EVSE installed under the capacity method may earn parking space credits, consistent with current law.
    • Credits cannot reduce total required parking by more than 10%.
    • The capacity method only changes measurement of compliance, not baseline parking minimums.

  • Accessibility and Safety (Section 6):

    • EVSE under the capacity method must include an appropriate share of accessible parking.
    • DCA retains authority to enforce accessibility, safety, and construction requirements.

  • Review of Applications (Section 7):

    • Local authorities may review layout, traffic, and safety impacts of EVSE.
    • Approval cannot be denied solely for the type of EVSE or the use of the capacity method, if uniform statewide standards are met.

  • Effective Date (Section 8):

    • Act takes effect immediately, but the capacity-based method cannot be implemented until implementing rules are adopted.

Who/What is Affected

  • Developments subject to P.L.2021, c.171 (EVSE and Make-Ready requirements) across New Jersey.
  • Municipalities and local land use boards (with limited authority to enforce statewide standards).
  • Site Improvement Advisory Board, DCA, and BPU (responsible for rulemaking).
  • Developers, property owners, and property managers considering EV charging infrastructure investment.

Timeline

  • Immediate effect for the act itself.
  • Implementing rules for the capacity-based method to be adopted within 12 months of enactment.

Potential Impact

  • Provides flexibility to align charging capacity with site-specific needs and uses.
  • Encourages scalable, future-proof EV charging by planning capacity and expansion.
  • Aims to streamline approvals by focusing on standardized capacity metrics rather than space counts, while preserving accessibility, safety, and parking requirements.

Compiled from official sources — confirm details with the bill’s official record.

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