Bill

Bill > S246


NJ S246

NJ S246
Amends certain requirements for installation of electric vehicle supply equipment and Make-Ready parking spaces.


summary

Introduced
01/09/2024
In Committee
01/09/2024
Crossed Over
Passed
01/09/2024
Dead
01/09/2024
Signed/Enacted/Adopted
01/09/2024

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill would make various changes to the provisions of P.L.2021, c.171 (C.40:55D-66.18 et seq.), which establishes certain requirements for the installation of electric vehicle chargers and "Make-Ready parking spaces," which are parking spaces that are prewired for the installation of electric vehicle chargers, at certain multi-unit dwellings, parking lots, and garages. Specifically, the bill would clarify that certain provisions of P.L.2021, c.171 (C.40:55D-66.18 et seq.) apply only to applications for the construction or reconstruction of certain multi-unit dwellings, parking lots, and garages, rather than to any applications involving those structures. The bill would exempt multi-unit dwellings that are entirely restricted to occupancy as low- or moderate- income housing from the requirement to install a certain number of Make-Ready parking spaces. The bill would clarify that parking spaces that are restricted from installing electric vehicle chargers would not be counted in the total number of off-street parking spaces, for the purposes of subsection a. of section 3 of P.L.2021, c.171 (C.40:55D-66.20). The bill would also clarify that, in the case of the construction or reconstruction of a multi-unit dwelling, the number of Make-Ready off-street parking spaces required pursuant to subsection a. of section 3 of P.L.2021, c.171 (C.40:55D-66.20) would be in proportion to the new or reconstructed multi-unit dwelling and not the entire existing development. In addition, the bill would provide that a municipality would be required to use the total number of parking spaces that will actually be provided in a new or reconstructed parking lot or garage, regardless of whether those spaces are pre-existing, new, or reconstructed spaces and, in the event that an applicant for site plan approval has requested a parking variance as part of the application, regardless of the number of spaces required by ordinance, for the purposes of complying with section 3 of P.L.2021, c.171 (C.40:55D-66.20). The bill would remove provisions in current law that require certain amendments to the (1) Statewide site improvement standards for multifamily residential development, and (2) the State Uniform Construction Code, carried out by the Commissioner of Community Affairs (commissioner) pursuant to section 3 of P.L.2021, c.171 (C.40:55D-66.20), to be consistent with the model land use ordinance published by the commissioner pursuant to section 4 of P.L.2021, c.171 (C.40:55D-66.21). The bill would remove the authority of the commissioner to update the electric vehicle charger and Make-Ready parking space requirements established pursuant to subsections a. and b. of section 3 of P.L.2021, c.171 (C.40:55D-66.20). The bill would instead authorize the commissioner to update elements of the model land use ordinance discussed above, but would require the commissioner to do so in accordance with the Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

AI Summary

This bill modifies existing requirements for installing electric vehicle chargers and "Make-Ready parking spaces," which are parking spots pre-wired for chargers, in certain buildings and parking areas. It clarifies that these rules apply only to applications for new construction or reconstruction of these facilities, not just any application involving them. The bill exempts multi-unit housing exclusively for low- or moderate-income residents from the Make-Ready parking space requirements and excludes parking spaces where chargers cannot be installed from the total count used for these calculations. For new or reconstructed multi-unit dwellings, the number of required Make-Ready spaces will be proportional to the new or reconstructed portion, not the entire development. Additionally, when calculating parking for new or reconstructed lots or garages, municipalities must use the total number of spaces actually provided, even if a variance was granted for the number of spaces required by ordinance. The bill also removes provisions that mandated consistency between statewide site improvement standards, the State Uniform Construction Code, and a model land use ordinance, and it shifts the authority for updating the model land use ordinance to follow a formal rulemaking process under the Administrative Procedure Act, rather than allowing the Commissioner of Community Affairs to directly update the charger and Make-Ready requirements.

Committee Categories

Agriculture and Natural Resources

Sponsors (2)

Last Action

Withdrawn Because Approved P.L.2023, c.220. (on 01/09/2024)

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