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Posted on: July 16, 2021

Governor Signs Package of Bills Regarding Clean Energy and EV Charging

Last Friday, Governor Murphy signed into law a package of bills related to clean energy and electric vehicle charging infrastructure, three of which will have a direct municipal impact.

  • S-3223, (P.L.2021, c.171) among other things, makes an application for development submitted solely for the installation of electric vehicle supply equipment or Make-Ready parking spaces a permitted accessory use and permitted accessory structure in all zoning or use district within a municipality regardless of the municipality’s zoning ordinance as well as mandatory state developed model ordinance regarding the same. 
  • A-1653, (P.L.2021, c.168) requires consideration of zero-emission vehicle charging and refueling within a redevelopment plan, and also opens up additional funding opportunities.
  •  A-5434, (P.L.2021, c.170) directs the Board of Public Utilities (BPU), in consultation with the Secretary of Agriculture, to establish a “Dual-Use Solar Energy Pilot Program” to permit the construction, installation, and operation of dual-use solar projects on unpreserved farmland. The new law also makes approved dual-use solar projects a permitted use within every municipality. 

For information on these new laws, which took effect on July 9, please see our recent blog post. We suggest you review these three new laws in greater detail with your municipal attorney, administrator, and construction official for additional information on their impact in your community. 


Contact: Frank Marshall, Esq., Associate General Counsel,, 609-695-3481, x137.

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