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July 27, 2021

Governor Murphy Signs Bill That Requires Electric Charging Stations in Most New Development Projects in New Jersey

On July 9, 2021, Governor Murphy signed Senate Bill S3223 (the “Bill”), which will have far-reaching effects on most new real estate development in New Jersey, with few exceptions. The new law will require the majority of new development to include a mandated amount of electric vehicle charging infrastructure. These new requirements went into effect upon the signing of the Bill on July 9, 2021.

The Bill is in response to the increasing usage of electric vehicles and the pressing need to accommodate the growing fleet. Further, it is intended as an important step towards achieving the 2019 Energy Master Plan goal of placing 330,000 zero emission vehicles on New Jersey roads by 2025.

The key aspects of the Bill are as follows:

1. It is a statewide condition of preliminary site plan approval for all projects involving a multi-family dwelling with more than 5 units (including condos and cooperatives) that 15% of off-street parking spaces must be pre-wired for electric vehicle charging stations (“Make-Ready”). 1/3 of the Make-Ready spaces must have charging stations upon completion of construction, another 1/3 within 3 years and the final 1/3 within 6 years. 5% of all Make-Ready spaces must be accessible for people with disabilities

2. It is a statewide condition of preliminary site plan approval for all other projects (except single family homes or retailers with fewer than 25 parking spaces) involving a parking garage or parking lot, that the following number of Make-Ready spaces be included:

- 1 Make-Ready space if the garage or lot has 50 or fewer spaces;

- 2 Make-Ready spaces if the garage or lot has between 51 and 75 spaces;

- 3 Make-Ready spaces if the garage or lot has between 76 and 100 spaces;

- 4 Make-Ready spaces if the garage or lot has between 101 and 150 spaces (at least one of which must be accessible for people with disabilities).

- At least 4% of the total parking spaces if the garage or lot has over 150 spaces (at least 5% of which must be accessible for people with disabilities).

3. A Make-Ready space shall count as no less than two (2) parking spaces for purposes of complying with a minimum parking space requirement provided it does not reduce more than 10% of otherwise required parking spaces.

4. The Bill does not apply to single family homes or retailers with fewer than 25 parking spaces.

If you have any questions about the new law and how it will affect your development pipeline, please contact your CSG attorney or one of the authors below.

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