S 3740 — Specifies electric vehicle parking space calculation is rounded up if it includes fraction of a whole number and rounded-up parking spaces cannot reduce overall parking supply by more than 10 percent.

S3740 1R [First Reprint] SENATE, No.

District 18 (Middlesex)  Senator   RAJ  MUKHERJI  District SYNOPSIS32     (Hudson) Specifies  electricCo-Sponsored vehicleby: parking space calculation is rounded up if it includes fraction of a whole number and rounded-up parking spaces cannot reduce overall parking supply by more than 10 percent.

Senator Wimberly   CURRENT  VERSION  OF  TEXTSYNOPSIS      AsSpecifies introduced.electric vehicle parking space calculation is rounded up if it includes fraction of a whole number and rounded-up parking spaces cannot reduce overall parking supply by more than 10 percent.

  CURRENT VERSION OF TEXT      As reported by the Senate Transportation Committee on May 11, 2026, with amendments.

            1.   1.   Section 3 of P.L.2021, c.171 (C.40:55D-66.20) is amended to read as follows:

          3.   3.   a.  (1)  As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is a building held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed use development, the developer or owner, as applicable, shall:

          (a)  (a)  prepare as Make-Ready parking spaces at least 15 percent of the required off-street parking spaces, and install electric vehicle supply equipment in at least one-third of the 15 percent of Make-Ready parking spaces;

          (b)  (b)  within three years following the date of the issuance of the certificate of occupancy, install electric vehicle supply equipment in an additional one-third of the original 15 percent of Make-Ready parking spaces;

and           (c)  (c)  within six years following the date of the issuance of the certificate of occupancy, install electric vehicle supply equipment in the final one-third of the original 15 percent of Make-Ready parking spaces.

          (2)  (2)  Throughout the installation of electric vehicle supply equipment in the Make-Ready parking spaces, at least five percent of the electric vehicle supply equipment shall be accessible for people with disabilities.

          (3)  (3)  Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or Make-Ready parking spaces at a faster or more expansive rate than as required by this subsection.

          (4)  (4)  Parking spaces equipped with electric vehicle supply equipment installed in accordance with P.L.2020, c.80 (C.52:27D-141.10 et seq.) and P.L.2020, c.108 (C.45:22A-48.4) shall count towards the total number of electric vehicle supply equipment required installations.

          (5)  (5)  During the site plan application review for multiple dwelling units, the local land use board shall review the locations where the Make-Ready equipment or electric vehicle supply equipment will be installed.

          b.   b.   (1)  As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in subsection a.

          (a)  (a)  install at least one Make-Ready parking space if there will be 50 or fewer off-street parking spaces;

          (b)  (b)  install at least two Make-Ready parking spaces if there will be 51 to 75 off-street parking spaces;

          (c)  (c)  install at least three Make-Ready parking spaces if there will be 76 to 100 off-street parking spaces;

          (d)  (d) install at least four Make-Ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces;

or           (e)  (e)  install at least four percent of the total parking spaces as Make-Ready parking spaces, at least five percent of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.

          (2)  (2)  In lieu of installing Make-Ready parking spaces, a parking lot or garage may install electric vehicle supply equipment to satisfy the requirements of this subsection.

          (3)  (3)  Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or Make-Ready parking spaces at a faster or more expansive rate than as required by this subsection.

          (4)  (4)  With respect to parking spaces for people with disabilities, the model land use ordinance published pursuant to section 4 of P.L.2021, c.171 (C.40:55D-66.21) shall include standards that provide for the progression of accessible Make-Ready parking spaces to accessible electric vehicle supply equipment parking spaces, and shall conform to the requirements of the most recent "International Building Code" and "International Residential Code" published by the International Code Council except as the Commissioner of Community Affairs deems appropriate to deviate from those codes.

          c.    c.   Notwithstanding the provisions of subsections a.

of this section, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or Make-Ready parking spaces.

          d.   d.   (1)(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.2021, c.171 (C.40:55D-66.18 et al.), submit a recommendation to the Commissioner of Community Affairs to amend the Statewide site improvement standards for multifamily residential development to include the requirements set forth in sections 1 through 3 of P.L.2021, c.171 (C.40:55D-66.18 through C.40:55D-66.20) and to include parking spaces with electric vehicle supply equipment in the calculation of minimum required parking spaces.  The Commissioner of Community Affairs may review and promulgate the recommendation in accordance with the procedure set forth in subsection b.

          (2)  (2)  The "State Uniform Construction Code Act," P.L.1975, c.1[c.

217217] c.2171 (C.52:27D-119 et seq.), shall incorporate the requirements set forth in sections 1 through 3 of P.L.2021, c.171 (C.40:55D-66.18 through C.40:55D-66.20) no later than 90 days following enactment of P.L.2021, c.171 (C.40:55D-66.18 et al.).  The adopted criteria shall be consistent with the model land use ordinance published by the Commissioner of Community Affairs pursuant to section 4 of P.L.2021, c.171 (C.40:55D-66.21).

          e.    e.   A parking space prepared with electric vehicle supply equipment or Make-Ready equipment pursuant to this section shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement.  This subsection shall result in a reduction of no more than 10 percent of the total required parking, subject to adjustment resulting from rounding pursuant to subsection f.

          f.    f.    All parking space calculations that include any fraction of a whole number for electric vehicle supply equipment and Make-Ready equipment pursuant to this section shall be rounded up to the next full parking space, provided that the rounded calculation does not exceed the limitation set forth in subsection e.e 1.

     g.    [A] Notwithstanding an ordinance to the contrary, permitting application solely for the installation of electricthis vehiclesection1. supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.

          h.   g.   A[A] powerNotwithstanding company1[an] fundingany1 theordinance installationto ofthe electriccontrary, vehicle1a1 supplypermitting equipmentapplication orsolely Make-Readyfor parkingthe spacesinstallation shallof collaborateelectric withvehicle developerssupply andequipment owners,permitted withas consultationan fromaccessory theuse Boardshall ofnot Publicbe Utilities,subject into implementingreview thebased provisionson ofparking P.L.2021,requirements. c.171 (C.40:55D-66.18 et al.).

          i.    h.   TheA requirementspower company funding the installation of electric vehicle supply equipment or Make-Ready parking spaces shall collaborate with developers and owners, with consultation from the Board of Public Utilities, in subsectionimplementing a.the provisions of P.L.2021, c.171 (C.40:55D-66.18 et al.).

      i.    The requirements in subsection a.

          j.    j.    For the purposes of determining consistency with a redevelopment plan, or other development plan adopted pursuant to law, including a master plan or zoning-based development plan, any electric vehicle parking credits authorized pursuant to this section shall be applied to the concept plan review stage.  The application of electric vehicle parking credits pursuant to this section shall not be construed as a variance from zoning or site plan requirements.

(cf:(cf:  P.L.2023, c.220, s.1)        2.    This act shall take effect immediately.

P.L.2023, c.220, s.1)        2.    This act shall take effect immediately.

    STATEMENT        This bill amends section 3 of P.L.2021, c.171 (C.40:55D-66.20) to clarify the calculation and application of electric vehicle (EV) parking space credits.

     Current law provides that parking spaces prepared with EV supply equipment or Make-Ready equipment may count as at least two parking spaces for purposes of satisfying minimum parking requirements, subject to a limitation that the credits may not reduce the total required parking by more than 10 percent.  Current law also requires that EV parking space calculations be rounded up when they result in a fraction of a whole number.

     A recent court decision identified ambiguity in the interaction between these provisions, particularly in circumstances where rounding a fractional EV parking space calculation would cause the resulting credit to exceed the statutory 10 percent limitation.

     This bill clarifies that EV parking space calculations that include a fractional number are to be rounded up to the next whole parking space, provided that the resulting credit does not exceed the 10 percent limitation set forth in the law.