S 3739 — Establishes certain electric vehicle supply equipment development processes and standards concerning public health and safety; removes certain existing approval requirements while preserving applicable safety and inspection standards.

S3739 1R2R [First[Second Reprint] SENATE, No.

District 18 (Middlesex)  Assemblyman   CLINTON  CALABRESE  District SYNOPSIS36     (Bergen Establishes certain electric vehicle supply equipment development processes and standardsPassaic) concerningAssemblyman  publicWILLIAM healthF. and safety;

MOEN, JR.

District 5 (Camden and Gloucester) Assemblywoman  LINDA S.

CARTER District 22 (Somerset and Union)   Co-Sponsored by:

Assemblyman Singh         SYNOPSIS      Establishes certain electric vehicle supply equipment development processes and standards concerning public health and safety;

  CURRENT VERSION OF TEXT      As reported by the SenateAssembly TransportationBudget Committee on MayJune 11,28, 2026, with amendments.

P.L.2021, c.171, s.2)]1           11.11.   Section of P.L.2021, c.171 (C.40:55D-66.19) is amended to read as follows:       2.    a.  An application [for development] for the installation of electric vehicle supply equipment or Make-Ready parking spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to P.L.1975, c.291 (C.40:55D-1 et seq.) or any other law, rule, or regulation, and shall be approved administratively through the issuance of a [zoning] non-discretionary permit by the administrative officer, provided the application meets the following requirements:

Section     2(1)  ofexcept P.L.2021, c.171 (C.40:55D-66.19) is amended to read as follows: otherwise       2    a.  An application [for development] for the installation of electric vehicle supply equipment or Make-Ready parking spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to P.L.1975, c.291 (C.40:55D-1 et seq.) or any other law, rule, or regulation, and shall be approved administratively through the issuance of a [zoning] non-discretionary permit by the administrative officer, provided thein applicationsubsection meetsf. the following requirements:

     of (1)this exceptsection, the asproposed otherwiseinstallation provideddoes innot subsectionviolate f.bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;

of     this(2)  section,all theother proposedconditions installationof doesprior notapprovals violatefor bulkthe requirementsgasoline applicableservice tostation, the propertyexisting retail establishment, or theany conditionsother ofexisting building continue to be met; [and]      (3)  the originalproposed finalinstallation approvalcomplies ofwith the siteconstruction plancodes adopted in or subsequentpromulgated approvalspursuant forto the existing"State gasolineUniform serviceConstruction station,Code retailAct," establishment,P.L.1975, c.217 (C.52:27D-119 et seq.), any safety standards concerning the installation, and any State rule or otherregulation existingconcerning building;electric vehicle charging stations;

     and (2)     all(4)  corporate logos, branding, or other conditionssuch ofsymbology priorthat approvalsis forintegrated theinto gasolineelectric servicevehicle station,supply theequipment existingshall retailnot establishment,be orconsidered anysignage otherfor existingthe buildingpurposes continueof toenforcing beany met;sign ordinances adopted by a municipality.

[and]          b.    (3)An application for the proposed installation compliesof withelectric thevehicle constructionsupply codesequipment adopted in or promulgatedMake-Ready pursuantparking tospaces theat "Statean Uniformexisting Constructiongasoline Codeservice Act,"station, P.L.1975,an c.217existing (C.52:27D-119retail etestablishment, seq.),or any safetyother standardsexisting concerningbuilding shall thebe installation,deemed andcomplete anyif: State rule or regulation concerning electric vehicle charging stations ;

and          (1)  (4)the corporateapplication, logos,including branding,the orpermit otherfee suchand symbologyall thatnecessary documentation, is integrateddetermined intoto electric vehicle supply equipment shall not be consideredcomplete; signage for the purposes of enforcing any sign ordinances adopted by a municipality.

          b.  (2)  Ana applicationnotice for the installation of electricincompleteness vehicleis supplynot equipmentprovided orwithin Make-Ready20 parkingdays spacesafter atthe anfiling existingof gasolinethe serviceapplication; station, an existing retail establishment, or any other existing building shall be deemed complete if:

     or (1)     (3)  a one-time written correction notice is not issued by the application,jurisdiction includingwithin 20 days after filing of the permitapplication feedetailing all deficiencies in the application and allidentifying necessaryany documentation,additional isinformation determinedexplicitly necessary to becomplete complete;a review of the permit application.

          (2)c.    Electric vehicle supply equipment and Make-Ready parking spaces installed at a noticegasoline ofservice incompletenessstation, isan notexisting providedretail withinestablishment, 20or daysany afterother theexisting filingbuilding shall be subject to applicable local and Department of theCommunity application;Affairs inspection requirements.

     d.    An application for the installation of electric vehicle supply equipment or      Make (3)Ready aparking one-timespaces writtenprocessed correctionpursuant noticeto isthis section shall be reviewed administratively and shall not issuedbe bysubject theto jurisdictionsite withinplan 20or daysother afterland filinguse ofboard thereview applicationand detailingapproval.  However, a site plan or scale drawing showing all deficienciesexisting inand proposed features located on the applicationproperty and identifyingwithin any50 additionalfeet informationof explicitlythe necessaryproposed toelectric completevehicle asupply reviewequipment shall be submitted as part of the permitapplication application.to provide the administrative officer reviewing the application with sufficient information on which to base an approval or denial.

          c.  e.    ElectricExcept vehicleas supplyotherwise equipmentprovided andin Make-Readysubsection parkinga. spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and Department of Community Affairs inspection requirements.

      d.   An application for the installation of electric vehicle supply equipment or Make-Ready parking spaces processed pursuant to this section shall be reviewed administratively and shall not be subject to site plan or other land use board review and approval.  However, a site plan or scale drawing showing all existing and proposed features located on the property and within 50 feet of the proposed electric vehicle supply equipment shall be submitted as part of the application to provide the administrative officer reviewing the application with sufficient information on which to base an approval or denial.

      e.   Except as otherwise provided in subsection a.

          f.   f.     Electric vehicle supply equipment infrastructure shall be permitted to encroach upon required setbacks established by a local government entity. entity. However, there shall be a minimum of six feet of grounds maintenance clearance between the electric vehicle supply equipment and any natural or man-made construction.  Nothing in this subsection shall be construed to permit electric vehicle supply equipment to obstruct required sight triangles, fire lanes, or emergency access, as determined in accordance with applicable safety standards in any State law, rule, or regulation.

      However, g.  2if Aselectric usedvehicle insupply thisequipment section: encroaches      upon “Administrativerequired officer”setbacks,2 meansthere shall be a minimum of six feet of grounds maintenance clearance between the sameelectric asvehicle thatsupply termequipment isand definedany innatural sectionor 3man-made of2[construction] P.L.1975,obstruction c.291where (C.40:55D-3).necessary to permit routine landscaping, mowing, and property upkeep2.

      Nothing “Non-discretionaryin permit”this meanssubsection ashall be construed to permit approvedelectric asvehicle asupply ministerialequipment actto uponobstruct verificationrequired ofsight compliancetriangles, withfire applicablelanes, standards,or emergency access, as provideddetermined in subsectionaccordance a.with applicable safety standards in any State law, rule, or regulation.

of this section, which permit does not require discretionary judgment, variance relief, or land use board review.1 (cf:  P.L.2021, c.171, s.2)        2.   g.    ThisAs actused shallin take effect immediately and shall apply to applications pending or submitted on or after the date of enactment of this act.section:

     “Administrative officer” means the same as that term is defined in section 3 of P.L.1975, c.291 (C.40:55D-3).

     “Non-discretionary permit” means a permit approved as a ministerial act upon verification of compliance with applicable standards, as provided in subsection a.

of this section, which permit does not require discretionary judgment, variance relief, or land use board review.1 (cf:

P.L.2021, c.171, s.2)        2.    This act shall take effect immediately and shall apply to applications pending or submitted on or after the date of enactment of this act.