By Anthony Drollas
Electric vehicles (“EV”) are well on their way to becoming commonplace, but in New Jersey, where transportation by automobile is essential, the infrastructure for charging vehicles remains inadequate. EV owners are learning that buying and installing a home charging and service system can be a significant financial investment, assuming that a connection to a nearby power grid is available. Additionally, “range anxiety” affects those who are uncertain about the availability of and distance between charging locations and erodes the confidence of those who are considering electric vehicles. For those who live in multi-family dwellings, where tenants or homeowners have no control over common area spaces, the lack of charging stations can be an impediment to owning an EV.
On July 9, 2021, Governor Murphy signed L. 2021, Chapter 171 into law, which facilitates the installation of electric vehicle supply equipment, and associated parking, at existing retail establishments. Among other things, the law eliminates the requirement that retailers obtain variance relief, on certain conditions, if the retailer proposes to install EV chargers at gas stations. Greater EV charging infrastructure at existing gasoline and retail locations will enhance the development of EV use and technology.
For new residential developments, the law now requires that for projects with five or more dwelling units (including condominiums), as a condition of preliminary site plan approval, a minimum number of parking spaces must be designated as ‘Make-Ready’ for EV purposes, and the landlord must install electric vehicle supply equipment in a minimum percentage of those Make-Ready parking spaces. ‘Make-Ready’ means the pre-wiring of electrical infrastructure at parking spaces to facilitate the easy and cost-efficient future installation of EV supply and service equipment, including Level Two electric vehicle supply equipment (“EVSE”) and direct current fast chargers.
Consistent with that law, on September 1, 2021, the New Jersey Department of Community Affairs (“DCA”) developed a Model Ordinance, for use by local governments, which is intended to address the details of the new law’s EV charging installation, sightline, setback requirements, and other health and safety-related specifications for EV charging equipment and those Make-Ready parking spaces. The purpose of the Model Ordinance is to ensure that all municipalities are requiring the installation of EV charging and service equipment in a consistent manner, and to provide municipalities with a form of ordinance that can be readily used, and with no or minimal amendments.
Use of the Model Ordinance is mandatory for all municipalities, and it became effective in all municipalities upon its publication by DCA. Municipalities are authorized to make changes to the Model Ordinance but not to those parts of the ordinance that were mandated by state law (i.e., the equipment installation and parking space requirements). For municipalities with existing EV ordinances, the statewide Model Ordinance supersedes those requirements.
For developers and municipalities who require guidance on new and forthcoming changes to state law governing EV infrastructure, the attorneys at Malamut & Associates are skilled and available to guide you through the process.
The content of this post should not be construed as legal advice. You should consult a lawyer concerning your specific situation and any specific legal question you may have.
