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, include a contactless payment method that accepts major debit and credit cards and Plug and Charge payment capabilities using the ISO 15118 standard, and provide multilingual access and access to persons with disabilities. A membership must not be required for use.
States would be required to implement physical and cybersecurity strategies in their EV Infrastructure Deployment Plans. However, the proposed regulation does not mandate the physical and cybersecurity strategies to be implemented. Charging station operators would be required to take “reasonable measures” to safeguard consumer data and collect only the personal information necessary to provide charging service and to complete the transaction, although the data security standards or best practices are not specified.
States would be…