New Jersey § 48:25-12

§ 48:25-12.

a. The Board of Public Utilities, the Department of Environmental Protection, the

Department of Transportation, and any other State agency that offers an incentive

for the installation of electric vehicle service equipment, pursuant to P.L.2019, c. 362 ( C.48:25-1 et seq. ) or any other State law, shall: (1) require, as a condition of providing any such incentive, that the electric vehicle

service equipment subject to such incentive, together with all other incentivized

EVSE installed at the same site, remains operational at least 97 percent of the time,

not including any period of exempted downtime, and except as otherwise provided by

paragraph (2) of this subsection, as calculated on an annual and site-wide basis;

and (2) regularly review the site-wide uptime requirement established pursuant to paragraph

(1) of this subsection, on at least a biennial basis, in order to ensure that it is

consistent with the minimum uptime requirement applicable to federal funding recipients

under the NEVI Formula Program. Whenever a State agency determines that the minimum uptime requirement established

for recipients of State agency incentive funding, pursuant to paragraph (1) of this

subsection, is inconsistent with the minimum uptime requirement being applied to recipients

of federal funding under the NEVI Formula Program, the State agency shall take appropriate

action to revise the site-wide State-level uptime requirement, established pursuant

to this subsection, as necessary to ensure that it comports with the comparable federal

NEVI Formula Program requirement. b. Each State agency subject to this section shall develop and implement a system

to monitor compliance with, and enforce, the site-wide uptime requirement established,

for incentivized EVSE, pursuant to subsection a. of this section. c. When reviewing or modifying the site-wide uptime requirement established pursuant

to subsection a. of this section, and when developing and implementing the compliance

monitoring and enforcement system required by subsection b. of this section, each

State agency shall engage in a comprehensive and public stakeholder engagement process

and shall review and consider the most recent standards, guidelines, and requirements

related to EVSE uptime, downtime, and exempted downtime, which are applicable to federal

funding recipients under the NEVI Formula Program. d. The site-wide uptime requirement established pursuant to subsection a. of this

section shall apply to any EVSE that is the subject of an EVSE incentive provided

by a State agency, pursuant to P.L.2019, c. 362 ( C.48:25-1 et seq. ) or any other State law, and which is installed at the site of operations either

on or after the effective date of P.L.2023, c. 278 ( C.48:25-12 et al.). Nothing in this section shall be deemed to require the site-wide uptime calculation

performed pursuant to subsection a. of this section to include the uptime status of

any EVSE installed prior to the effective date of P.L.2023, c. 278 ( C.48:25-12 et al.). e. State agencies shall ensure Statewide consistency for any standards, guidelines,

and requirements established pursuant to P.L.2023, c. 278 ( C.48:25-12 et al.).