This morning, U.S. Transportation Secretary Pete Buttigieg announced the publication of two key documents associated with Electric Vehicle (EV) charging and the National Electric Vehicle Infrastructure (NEVI) program. The Final Rule establishing Minimum Standards for NEVI projects as well as an advance viewing copy of a Waiver of Buy America Requirements for Electric Vehicle Chargers were both posted on FHWA’s Bipartisan Infrastructure Law (BIL or IIJA) page - Bipartisan Infrastructure Law - FHWA | Federal Highway Administration (dot.gov)
National Electric Vehicle Infrastructure Standards and Requirements
This final rule establishes regulations setting minimum standards and requirements for projects funded under the National Electric Vehicle Infrastructure (NEVI) Formula Program and projects for the construction of publicly accessible electric vehicle (EV) chargers under certain statutory authorities, including any EV charging infrastructure project funded with Federal funds that is treated as a project on a Federal-aid highway.
A copy of the Final Rule may be accessed directly here: https://www.fhwa.dot.gov/environment/nevi/resources/ev_charging_min_std_rule_fr.pdf
Through the Final Rule, FHWA is adding new Part 680, titled NATIONAL ELECTRIC VEHICLE INFRASTRUCTURE STANDARDS AND REQUIREMENTS, to 23 CFR Subchapter G which covers Engineering and Traffic Operations. The new part consists of 10 sections as follows:
680.100 Purpose.
680.102 Applicability.
680.104 Definitions.
680.106 Installation, Operation, and Maintenance by Qualified Technicians of Electric Vehicle Charging Infrastructure.
680.108 Interoperability of Electric Vehicle Charging Infrastructure.
680.110 Traffic Control Devices or On-Premises Signs Acquired, Installed, or Operated.
680.112 Data Submittal.
680.114 Charging Network Connectivity of Electric Vehicle Charging Infrastructure.
680.116 Information on Publicly Available Electric Vehicle Charging Infrastructure Locations, Pricing, Real-Time Availability, and Accessibility Through Mapping Applications.
680.118 Other Federal Requirements.
The Final Rule will have an effective date 30 days after publication in the Federal Register. The Arizona Division Office will provide follow up notification to this e-mail when that publication occurs.
Waiver of Buy America Requirements for Electric Vehicle Chargers
Through Notice to the Federal Register, FHWA is establishing a temporary public interest waiver to waive Buy America requirements for steel, iron, manufactured products, and construction materials in electric vehicle (EV) chargers. This short-term, temporary waiver enables EV charger acquisition and installation to immediately proceed while also ensuring the application of Buy America to EV chargers by the phasing out of the waiver over time.
A copy of the advance notice may be accessed directly here: https://www.fhwa.dot.gov/construction/cqit/buyam/BuyAmerica_FederalRegister.pdf
This public interest waiver includes several significant changes from the proposed language submitted for public comment on August 31, 2022 in light of the comments received on the proposed waiver:
FHWA is eliminating the proposed first phase in the proposed waiver, which would have applied a complete waiver of Buy America requirements to EV chargers and all components of EV chargers.
The start date of the second phase of the proposed waiver (the first phase of the final waiver), which removes from the waiver EV chargers whose final assembly process does not occur in the U.S., will now occur on the effective date of this waiver instead of January 1, 2023, and the end date of this phase has been extended to June 30, 2024. In addition, during this phase, any housing components that are predominantly steel and iron must comply with existing FHWA Buy America steel and iron requirements, meaning that if predominantly iron and steel housing is used for the EV charger, the housing must be entirely manufactured in the United States according to FHWA standards.
The third phase of the proposed waiver, which would have removed from the waiver EV chargers for which the cost of components manufactured in the U.S. does not exceed 25 percent of the cost of all components, has been eliminated in the final waiver.
The start date of the fourth phase of the proposed waiver (the second phase of the final waiver), which removes from the waiver EV chargers for which the cost of components manufactured in the U.S. does not exceed 55 percent of the cost of all components, has been extended from beginning on January 1, 2024, as in the proposed waiver, to beginning on July 1, 2024. In addition, any housing components that are predominantly steel and iron must continue to comply with FHWA Buy America steel and iron requirements, meaning that the housing must be entirely manufactured in the United States according to FHWA standards. The cost of predominantly steel and iron EV charger housing will also count towards determining whether 55 percent of the cost of all components are manufactured in the U.S.
As required under § 70914(d) of BABA, FHWA is clarifying that it will revisit this waiver and determine whether there is continued need for it within 5 years from the effective date of this notice. The FHWA will also publish RFIs every 6 months until the start of the 55 percent phase to acquire information about the state of the EV charging industry.
The proposed waiver also used the installation date of the EV charger to determine which phase of the waiver would apply to any given EV charger. The final waiver instead uses the date on which an EV charger is manufactured, which is defined in further detail in Section III.C. However, any EV chargers manufactured before June 30, 2024, (the end of the final assembly phase) will need to begin installation by October 1, 2024, to be covered by this waiver.
The FHWA also has simplified and narrowed the definition of “EV charger” in a manner that will maximize the use of domestic goods, products, and materials. The proposed waiver defined “EV charger” to include EV chargers and associated payment systems, distribution systems, telecommunications and networking equipment, energy storage systems, and other supporting equipment and systems: (i) in the immediate vicinity of a charger or group of chargers; and (ii) essential to the function or operation of a charger or group of chargers. The definition of “EV charger” as used in this final waiver only refers to the self-contained EV charging unit; it does not include associated equipment.
The waiver will have an effective date 30 days after publication in the Federal Register. The Arizona Division Office will provide follow up notification to this e-mail when that publication occurs.
We do anticipate that FHWA wills publish FAQ’s and schedule information sharing webinars in the future. We will share that information with you as soon as it is available.
FHWA published the Buy America Waiver for Electric Vehicle Chargers in the Federal Register this morning.
I have attached a copy of the waiver notice for your use, or you may access it directly here:https://www.federalregister.gov/documents/2023/02/21/2023-03498/waiver-of-buy-america-requirements-for-electric-vehicle-chargers
The wavier is effective starting March 23, 2023.