The National Electric Vehicle Infrastructure (NEVI) Formula Program ($5 billion) was enacted under the Infrastructure Investment and Jobs Act (IIJA), also known as the Bipartisan Infrastructure Law (BIL).1 On June 9, 2022, the U.S. Department of Transportation’s (USDOT) Federal Highway Administration (FHWA) announced a Notice of Proposed Rulemaking setting minimum standards for State programs funding projects under the NEVI Formula Program and all projects that install electric vehicle (EV) charging infrastructure under title 23 of the United States Code.2 Each State must file an EV Infrastructure Deployment Plan implementing these minimum standards by August 1, 2022. FHWA will approve eligible plans by September 30, 2022 and allocate funds to States for fiscal years 2022 through 2026.
The deadline for comments on the proposed minimum standards is August 22, 2022. The final regulations could have significant implications for electric vehicle supply equipment (EVSE) manufacturers, as well as would-be developers, owners, or operators of EV charging stations or networks.
Overview
NEVI Formula Program funds must be used to deploy EV charging infrastructure along Alternative Fuel Corridors until FHWA certifies that they are fully built out, meaning that the State’s corridors have publicly available EV charging sites deployed every fifty miles and within one mile of the interstate, and that the sites have at least four Direct Current Fast Charger (DCFC) Combined Charging System (CCS) ports capable of charging four EVs simultaneously at 150 kW each. Once FHWA certifies that the State’s Alternative Fuel Corridors are fully built out, the State may use NEVI Formula Program funds for EV charging infrastructure on any public road or publicly accessible location. The program is a cost-sharing program, with NEVI Formula Program funds covering 80 percent of a project and State or private funds covering the remainder. States need not own the installed EV charging infrastructure, and FHWA anticipates that States will contract with private entities to install, operate, and maintain the EV charging infrastructure.
To implement the NEVI Formula Program, FHWA is required to establish minimum standards and requirements related to:
(1) the installation, operation, or maintenance by qualified technicians of electric vehicle charging infrastructure under this paragraph in this Act; (2) the interoperability of electric vehicle charging infrastructure under this paragraph in this Act; (3) any traffic control device or on-premises sign acquired, installed, or operated under this paragraph in this Act; (4) any data requested by the Secretary related to a project funded under this paragraph in this Act, including the format and schedule for the submission of such data; (5) network connectivity of electric vehicle charging infrastructure; and (6) information on publicly available electric vehicle charging infrastructure locations, pricing, real-time availability, and accessibility through mapping applications . . . .
Installation, Operation, and Maintenance by Qualified Technicians of Electric Vehicle Charging Infrastructure3
State agencies would be required to make identification of project awardees, proposed contracts, and a summary of contract payments, including price and cost data available for public review, as well as information describing how prices for EV charging are to be set.
Charging stations would be required to have at least four DCFC CCS ports capable of providing 150 kW from each charging port simultaneously.4 In addition to the required DCFC ports, charging stations may have AC Level 2 J1772 ports capable of providing at least 6 kW per port simultaneously across all AC ports. Charging stations would be required to be available and accessible to the public 24 hours per day, 7 days per week, year-round.
Charging stations would be required to provide for secure payment methods and must, at a minimum,…
Read More: Each State EV Infrastructure Deployment Plan Implementing Standards Due by August 1