A 4375

[First Reprint]
ASSEMBLY, No. 4375
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 19, 2026
Sponsored by:
Assemblyman� CLINTON CALABRESE
District 36 (Bergen and Passaic)
Assemblywoman� LINDA S. CARTER
District 22 (Somerset and Union)
Senator� PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
Senator� RAJ MUKHERJI
District 32 (Hudson)
Co-Sponsored by:
Senator Wimberly
SYNOPSIS
���� 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.
CURRENT VERSION OF TEXT
���� As reported by the Assembly State and Local
Government Committee on May 11, 2026, with amendments.
��
An Act concerning electric vehicle parking space
calculations and amending P.L.2021, c.171.
���� Be It
Enacted by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� Section 3 of P.L.2021,
c.171 (C.40:55D-66.20) is amended to read as follows:
���� 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)�� 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)� 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)�� 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)� 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)� 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)� 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)� 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.��� (1)� As a condition of
preliminary site plan approval, each application involving a parking lot or
garage not covered in subsection a. of this section, a developer or owner, as
applicable, shall:
���� (a)�� install at least one
Make-Ready parking space if there will be 50 or fewer off-street parking
spaces;
���� (b)� install at least two
Make-Ready parking spaces if there will be 51 to 75 off-street parking spaces;
���� (c)�� install at least three
Make-Ready parking spaces if there will be 76 to 100 off-street parking spaces;
���� (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)�� 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)� 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)� 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)� 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.��� Notwithstanding the
provisions of subsections a. and b. 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.��� (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. of section 4 of P.L.1993, c.32
(C.40:55D-40.4).� 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).
���� (2)� The "State Uniform
Construction Code Act," P.L.1975, 1[c. 217] 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.��� 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. of this section.
���� 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
1.
of this section1.
���� g.��� [A] Notwithstanding
1[an] any1 ordinance
to the contrary, 1a1 permitting
application solely for the installation of electric vehicle supply equipment
permitted as an accessory use shall not be subject to review based on parking
requirements.
���� h.��� A power 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 implementing the provisions of P.L.2021, c.171
(C.40:55D-66.18 et al.).
���� i.���� The requirements in
subsection a. and b. of this section are based on the number of off-street
parking spaces associated with new construction that are required as part of a
site plan approval; or, in the case of an expansion to an existing development
or an existing parking lot or garage, the number of new, off-street parking
spaces created as part of a site plan approval.� If a developer or owner has
received a parking variance as part of the site plan approval, the requirements
shall be based on the number of off-street parking spaces provided pursuant to
the variance.
���� 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:� P.L.2023, c.220, s.1)
���� 2.��� This act shall take
effect immediately.