Every state EV infrastructure rollout plan implements standards due by August 1

The National Electric Vehicle Infrastructure (NEVI) formula program ($5 billion) was enacted under the Infrastructure Investment and Employment Act (IIJA), also known as the bipartisan infrastructure (BIL).1 On June 9, 2022, the U.S. Department of Transportation’s (USDOT) Federal Highway Administration (FHWA) announced a Notice of Proposed Rulemaking Establishing Minimum Standards for State Program 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 electric vehicle 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 financial years 2022 to 2026.

The deadline for comments on the proposed minimum standards is August 22, 2022. The final rule could have significant implications for manufacturers of electric vehicle power equipment (EVSE), as well as developers, owners or operators. potential for charging stations or networks for electric vehicles. .


Funds from the NEVI Formula program are to be used to deploy electric vehicle charging infrastructure along alternative fuel corridors until FHWA certifies that they are fully built, which means the corridors of the State have publicly accessible electric vehicle charging sites deployed every fifty miles and within one mile of the highway, and that the sites have at least four CCS (direct current rapid charger) ports capable of to charge four electric vehicles simultaneously at 150 kW each. Once FHWA certifies that the state’s alternative fuel corridors are fully constructed, the state may use NEVI Formula program funds for electric vehicle charging infrastructure on any public road or location accessible to the audience. The program is a cost-shared program, with NEVI formula program funds covering 80% of a project and public or private funds covering the remainder. States do not need to own the installed electric vehicle charging infrastructure, and the FHWA anticipates that states will contract with private entities to install, operate, and maintain electric vehicle charging infrastructure. .

To implement the NEVI Formula program, FHWA is required to establish standards and minimum requirements regarding:

(1) the installation, operation or maintenance by qualified technicians of electric vehicle charging infrastructure under this paragraph of this Act; 2° the interoperability of electric vehicle charging infrastructures under this paragraph of this law; (3) any traffic control device or on-site sign acquired, installed or operated under this subsection of this Act; (4) any data requested by the Secretary regarding a project funded under this subsection of this Act, including the format and timing for submitting such data; (5) network connectivity of electric vehicle charging infrastructure; and (6) information on publicly available electric vehicle charging infrastructure locations, prices, real-time availability, and accessibility via mapping applications. . . .

Installation, operation and maintenance by qualified technicians of the electric vehicle charging infrastructure3

State agencies would be required to identify project beneficiaries, proposed contracts, and a summary of contract payments, including price and cost data available for public review, as well as information describing how the prices of the electric vehicle charging must be fixed.

Charging stations should have at least four DCFC CCS ports capable of simultaneously supplying 150kW from each charging port.4 In addition to the required DCFC ports, charging stations can have J1772 Level 2 AC ports capable of delivering at least 6kW per port on all AC ports simultaneously. Charging stations should be available and accessible to the public 24 hours a day, 7 days a week, all year round.

Charging stations would be required to provide 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 ISO 15118 , and provide multilingual access and access for people with disabilities. A membership shall not be required for use.

States would be required to implement physical security and cybersecurity strategies in their electric vehicle infrastructure deployment plans. However, the proposed regulations do not mandate the physical security and cybersecurity strategies to be implemented. Charging station operators would be required to take “reasonable steps” to protect consumer data and collect only the personal information necessary to provide a charging service and to complete the transaction, although data security standards or best practices are not specified.

States would be required to ensure that the EVSE is maintained in compliance with NEVI standards for at least five years and to ensure that EV charging customers have a mechanism to report failures, malfunctions and Other problems.

States would be required to ensure that the workforce involved in the installation, maintenance and operation of EVSEs has the appropriate licenses, certifications and training. In particular, electricians working on the EVSE would be required to be certified under the Electric Vehicle Infrastructure Training Program or have completed EVSE-specific training.

Interoperability of electric vehicle charging infrastructure5

Chargers would be required to comply with the ISO 15118 standard for charger-EV communication. The ISO 15118 communication protocol would allow a charger to provide vehicle-to-network services. It also includes the Pug and Charge function, which allows a driver to use the EVSE and be authorized to receive energy to charge an EV without using a credit card, using an app or using an RFID card. .

Traffic control devices or on-site signs acquired, installed or operated6

Charging stations would be required to comply with 23 CFR Part 655, which governs traffic control devices and signs, and 23 CFR Part 750, which governs placement, height, size and lighting of the panels.

Data submissionseven

States would have quarterly data submission requirements that would require charging station operators to report very detailed station information. The data collected would include the uptime of charging stations, the cost of electricity for operation, and maintenance and repair costs. Operators would have data reporting obligations, per port and per session, including charging session start time, end time, successful completion (yes or no), energy (kWh ) distributed and the peak session power (kW) per port.

Electric vehicle charging infrastructure charging network connectivity8

EVSE would be required to communicate with a charging network via a secure communication method and have the ability to receive and implement software updates remotely; support remote monitoring, diagnostics, control and intelligent load management; and report distributed energy and power, real-time charging port status, real-time price, and historical charging port availability. The EVSE should be able to use the Open Charge Point protocol and be designed to safely switch charging network providers without changing hardware.

Charging networks should be able to communicate with other networks to allow a driver to use a single ID to charge. Charging networks must also be able to establish secure communications with electric utilities, energy suppliers or energy management systems.

Information on locations, prices, real-time availability and accessibility of publicly available electric vehicle charging infrastructure via mapping applications9

Chargers and the charging network would be required to disclose the real-time price in $/kWh, which may not change during a session, and clearly explain any other charges in addition to the price to be charged.

Charging ports should have an average availability above 97%.

States would be required to ensure that charging station data is made freely available to third-party software developers, including charging station address and GPS coordinates; the contact details of the charging station operator; the network provider of the charging station; number of ports, connector types and maximum power level; if power sharing between the EVSEs is activated, the date of commissioning of the charging station; tariff structure; vehicle size restrictions; payment methods; the number of ports accessible to persons with disabilities; and real-time status of each port and price updated at a frequency that “meets reasonable customer expectations”.


FHWA is seeking comments on the proposed regulations, which will in turn affect EV infrastructure deployment plans being developed by states. Thus, interested EVSE manufacturers, as well as potential developers, owners, or operators of EV charging stations or networks should monitor and provide feedback at the federal and state levels, as these regulatory developments will affect the viability of business opportunities that could arise from the NEVI formula program. There are, of course, other rules applicable to federal aid highway funding, such as Buy America requirements, and state laws that would affect these opportunities as well.


1 Pub. L. 117-58, section J, tit. VIII, para. (2) (Nov. 15, 2021). This legislation also created a $2.5 billion discretionary grant program to support electric vehicle charging infrastructure and the deployment of alternative fuels along alternative fuel corridors and in communities, and also made installation of electric vehicle charging infrastructure an eligible expense under the USDOT’s Surface Transportation Block Grant Formula program.
2 87 Fed. Reg. 37262 (June 22, 2022).
3 23 CFR § 680.106.
4 The proposed regulations provide that charging stations using fiscal year 2022 funds may include one or more CHAdeMO ports, but it is unclear whether the provision is intended to allow CHAdeMO ports “in addition” to four CCS ports, or “in their place”.
5 23 CFR § 680.108.
6 23 CFR § 680.110.
seven 23 CFR § 680.112.
8 23 CFR § 680.114.
9 23 CFR § 680.116.

Copyright © 2022 Womble Bond Dickinson (US) LLP All rights reserved.National Law Review, Volume XII, Number 176

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