Bill Text: NJ A4530 | 2026-2027 | Regular Session | Amended
Bill Title: 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.
Sponsorship: Partisan Bill (Democrat 4)
Status: (Introduced) 2026-06-30 - Substituted by S3739 (2R) [A4530 Detail]
Download: New_Jersey-2026-A4530-Amended.html
[Second Reprint]
ASSEMBLY, No. 4530
STATE OF NEW JERSEY
222nd LEGISLATURE
INTRODUCED MARCH 10, 2026
Sponsored by:
Assemblyman CLINTON CALABRESE
District 36 (Bergen and Passaic)
Assemblyman WILLIAM F. 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; removes certain existing approval requirements while preserving applicable safety and inspection standards.
CURRENT VERSION OF TEXT
As reported by the Assembly Budget Committee on June 28, 2026, with amendments.
An Act concerning applications for development of electric vehicle supply equipment and amending P.L.2021, c.171.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1[1. Section 2 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:] proposed installation complies with the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), applicable safety standards adopted by State law, rule, or regulation, and any other law, rule, or regulation concerning electric vehicle supply equipment.
(1) [the proposed installation does not violate 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;] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
(2) [all other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
(3) [the proposed installation complies with the construction codes adopted in or promulgated pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), any safety standards concerning the installation, and any State rule or regulation concerning electric vehicle charging stations.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
b. An application shall be deemed complete if:
(1) the application, including the permit fee and all necessary documentation, is determined to be complete;
(2) a notice of incompleteness is not provided within 20 days after the filing of the application; or
(3) a one-time written correction notice is not issued by the jurisdiction within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.
c. Electric vehicle supply equipment and Make-Ready parking 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.
e. A municipality's, county's, or municipality's and county's review of the application to install electric vehicle supply equipment shall be limited to those standards and regulations necessary to ensure that the electric vehicle supply equipment will not have a specific, identifiable, and adverse impact upon public health or safety, supported by substantial evidence in the record, for which there is no feasible method to satisfactorily mitigate or avoid the impact. The review shall be limited to applicable safety considerations and shall not include generalized planning or land use considerations unrelated to demonstrable public health or safety concerns, except where expressly required by State law, rule, or regulation.
f. Electric vehicle supply equipment infrastructure that encroaches upon required setbacks established by a local government entity shall not constitute an adverse impact upon public health or safety. Nothing in this subsection shall be construed to permit electric vehicle supply equipment that obstructs required sight triangles, fire lanes, or emergency access as determined in accordance with applicable safety standards adopted by State law, rule, or regulation.
g. For purposes of this section:
"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, and shall not require discretionary judgment, variance relief, or land use board review.
(cf: P.L.2021, c.171, s.2)]1
11. Section 2 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:
(1) except as otherwise provided in subsection f. of this section, the proposed installation does not violate 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;
(2) all other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; [and]
(3) the proposed installation complies with the construction codes adopted in or promulgated pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), any safety standards concerning the installation, and any State rule or regulation concerning electric vehicle charging stations; and
(4) corporate logos, branding, or other such symbology that is integrated into electric vehicle supply equipment shall not be considered signage for the purposes of enforcing any sign ordinances adopted by a municipality.
b. An application 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 be deemed complete if:
(1) the application, including the permit fee and all necessary documentation, is determined to be complete;
(2) a notice of incompleteness is not provided within 20 days after the filing of the application; or
(3) a one-time written correction notice is not issued by the jurisdiction within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.
c. Electric vehicle supply equipment and Make-Ready parking 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. of this section, a municipal or county review, as appropriate, of the application to install electric vehicle supply equipment shall be limited to those standards and regulations necessary to ensure that the electric vehicle supply equipment will not have a specific, identifiable, and adverse impact upon public health or safety, supported by substantial evidence in the record.
f. Electric vehicle supply equipment infrastructure shall be permitted to encroach upon required setbacks established by a local government entity. However, 2if electric vehicle supply equipment encroaches upon required setbacks,2 there shall be a minimum of six feet of grounds maintenance clearance between the electric vehicle supply equipment and any natural or man-made 2[construction] obstruction where necessary to permit routine landscaping, mowing, and property upkeep2. 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.
g. As used in this 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.
