Bill Text: NJ S2784 | 2010-2011 | Regular Session | Introduced


Bill Title: Requires owners of certain newly developed shopping centers to provide electric vehicle charging stations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-03-21 - Introduced in the Senate, Referred to Senate Environment and Energy Committee [S2784 Detail]

Download: New_Jersey-2010-S2784-Introduced.html

SENATE, No. 2784

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED MARCH 21, 2011

 


 

Sponsored by:

Senator  LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

 

 

 

 

SYNOPSIS

     Requires owners of certain newly developed shopping centers to provide electric vehicle charging stations.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning electric vehicle charging stations, supplementing Title 56 of the Revised Statutes. 

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    As used in this act:

     "Board" means the New Jersey Board of Public Utilities.

     "Electric vehicle charging station" means an electric recharging point complete with electric vehicle supply equipment that is capable of providing level 2 charging for plug-in electric motor vehicles.

     "Electric vehicle supply equipment" means the conductors, including the underground, grounded, and equipment grounding conductors, and the electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatuses that are installed specifically for the purpose of delivering electricity from the premises wiring to a plug-in electric motor vehicle."

     "Level 2 charging" means the provision of 208-240 volt alternate current electricity to an onboard charger of a plug-in electric motor vehicle in a single phase with a maximum current specified at 32 continuous amps with a branch circuit breaker rated at 40 amps and a maximum continuous input power specified at 7.68 kilowatts.

     "Plug-in electric motor vehicle" means a vehicle propelled to a significant extent by an electric motor which draws electricity from a battery that is capable of being recharged from an external source of electricity.

     "Shopping center development" means a privately owned and operated commercial development that is or is to be owned and managed as a unit consisting of a building or series of buildings on a common site together with an adjacent parking area of no less than 100 parking spaces to which the public is invited.

     "Shopping center owner" or "owner" means the owner of a shopping center development proposed for construction or constructed in this State.

 

     2.    a.  The owner of a shopping center development or proposed shopping center development shall provide that no less than five percent of the parking spaces for the shopping center development are equipped with electric vehicle charging stations, and that such stations are available for use during the hours of operation of the shopping center development.

     b.    The provisions of subsection a. of this section shall  not apply to (1) a shopping center development constructed prior to  the first day of the fourth month following the date of enactment of            P.L.   , c.   (C.  )(pending before the Legislature as this bill), and (2) a proposed shopping center development for which a site plan application shall have been filed prior to the first day of the fourth month following the date of enactment of P.L.   , c.   (C.  ), whether or not that application shall have been approved or construction of that proposed development shall have been commenced.

 

     3.    a. A shopping center owner may recover costs of compliance with the requirements of subsection a. of section 2 of P.L.   ,               c.   (C.  ) (pending before the Legislature as this bill), including costs associated with installation of electric vehicle charging stations, from motorists who use the stations, in proportion to their use. 

    b.    A shopping center owner imposing charges on motorists pursuant to subsection a. of this section for electric vehicle charging station service shall publicly display and maintain, in the manner regulated by the Director of the Division of Taxation pursuant to P.L.1952, c.258 (C.56:6-2.1 et seq.), a sign legible to the motorist stating the price per unit of time, unit of voltage, or other measure of usage, as determined by the board  pursuant to section 4 of               P.L.   , c.   (C.  ) (pending before the Legislature as this bill), to be charged to the motorist for such service.  All taxes and charges imposed with respect to the sale of electric vehicle charging station service shall, notwithstanding the provisions of section 14 of P.L.1966, c.30 (C.54:32B-14) to the contrary, be included in the price shown on that sign, but the sign shall contain a statement of the amount of taxes included in that price, or, without specifying the amount thereof, the sign shall state that taxes are included in the price.  A shopping center development owner shall not charge for electric vehicle charging station service at any other price than the price so posted, including tax.

     c.     No shopping center development owner shall sell electric vehicle charging station service at a price which exceeds the maximum price set by the board.

 

     4.    The Board of Public Utilities shall initiate a proceeding and, after notice, provision of the opportunity for comment, and a public hearing, shall adopt standards for a schedule of prices, including the maximum prices which a shopping center owner may charge pursuant to section 3 of P.L.   , c.   (C.  ) (pending before the Legislature as this bill), to allow shopping center owners to recover their costs of compliance with section 2 of P.L.   , c.   (C.  ) (pending before the Legislature as this bill).  Any standards, or modification thereof, shall be adopted by the board as a regulation pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

 

   5.    Each shopping center development owner who shall fail to provide electric vehicle charging stations as required pursuant to section 2 of  P.L.   , c.   (C.  ) (pending before the Legislature as this bill); or who shall fail to post and publicly display, in the manner required pursuant to subsection b. of section 3 of P.L.   ,                          c.   (C.  )(pending before the Legislature as this bill), a sign stating the price per unit of electric vehicle charging station service; or who shall sell electric vehicle charging station service at a price inconsistent with the standards established by the board pursuant to section 4 of P.L.   , c.   (C.  ) (pending before the Legislature as this bill), shall, upon conviction, be subject to a penalty of not more than $500 for the first offense and not more than $1,000 for the second and any subsequent offense.

 

     6.    The following procedure shall be followed in actions for the enforcement of penalties set forth in section 4 of this act: 

     a.     The penalty shall be sued for in the name of the Director of the Division of Taxation. The Superior Court and every municipal court is hereby authorized, upon the filing of a complaint in writing, duly verified by the Director of the Division of Taxation, or by any assistant or employee of the Director of the Division of Taxation, which may be made upon information or belief, that a shopping center development owner has violated any of the provisions of this act, to issue process at the suit of the Director of the Division of Taxation as plaintiff.  Such process shall be either in the nature of a summons or warrant, which may issue without any order of the court or judge first being obtained against the person or persons so charged.

     b.  The officers to serve and execute all process under this act shall be officers authorized to serve all process out of the Superior Court or municipal court of competent jurisdiction.

 

     7.  Any habitual violations of provisions of this act, or of any orders or rules or regulations made pursuant to this act, may be restrained by the Superior Court of competent jurisdiction in an action brought for such purpose by the Director of the Division of Taxation. 

 

     8.    a.  The Director of the Division of Taxation shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt and promulgate such rules and regulations as may be necessary for the implementation of P.L.   ,         c.   (C.   ) (pending before the Legislature as this bill).

     b.  To provide data for, and facilitate the production of, the report required by subsection c.   , of this section, the Director of the Division of Taxation shall compile compliance and enforcement data on the implementation of the requirements of sections 2 and 3 of P.L.   , c.   (C.  ) (pending before the Legislature as this bill) on determinations of whether a particular shopping center development was subject to and compliant with  P.L.   , c.   (C.  ) (pending before the Legislature as this bill) including statistics of the numbers of inspections, numbers of violations cited and categorized by type of violation, corrective actions implemented by the owners, penalties assessed and penalties collected and such other information as the Chief Executive Officer of the New Jersey Economic Development Authority may request, and shall report the data for each State fiscal year to the Chief Executive Officer of the New Jersey Economic Development Authority on or before the first day of December of the following year for the first four fiscal years beginning after the date of enactment of P.L.   , c.   (C.  ) (pending before the Legislature as this bill).

     c.     The Chief Executive Officer of the New Jersey Economic Development Authority shall, on or before the April 1 following the end of the fourth State fiscal year beginning after the date of enactment of P.L.   , c.   (C.  ) (pending before the Legislature as this bill) prepare and transmit to the Governor and the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), a report evaluating the requirements of P.L.   , c.   (C.  ) and determining whether the requirements of  P.L.   , c.   (C.  ) have been rendered unnecessary by market forces.

 

     9.    This act shall take effect immediately, but sections 1 through 3 and sections 5 through 7 shall be inoperative until the first day of the fourth month following the date of enactment.

 

 

STATEMENT

 

     This bill requires owners of certain shopping center developments to provide, during operating hours of the shopping center, electric vehicle charging stations for plug-in electric vehicles.

     The bill defines "shopping center development" as a privately owned and operated commercial development that is or is to be owned and managed as a unit consisting of a building or series of buildings on a common site together with an adjacent parking area of no fewer than 100 parking spaces to which the public is invited.  The bill requires at least five percent of the parking spaces in any such shopping center development to be equipped with electric vehicle charging stations.  Shopping centers constructed, or for which a site plan application is pending, prior to the first day of the fourth month following the date of enactment are exempt from the charging station requirement.

     The bill allows owners to recover the costs associated with the installation and operation of the charging stations through charges to motorists using the charging stations.  The bill directs the Board of Public Utilities to set the maximum price the charging station owners may charge, and the Division of Taxation will promulgate regulations to enforce that limitation and will enforce rules concerning the posting of prices by shopping center owners.  Note that this regulatory scheme is similar to the Division of Taxation regulation of the retail sale of motor fuels pursuant to N.J.S.A.56:6-1 et seq.

     Owners who do not comply with requirements of this bill will be subject to a fine of $500 for the first offense and $1,000 for each subsequent offense.

     The bill also requires the director of the Division of Taxation to compile data on the implementation of the bill and transmit it to the Chief Executive Officer of the Economic Development Authority.

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