A Notice of Rulemaking sets standards for programs under the National Electric Vehicle Infrastructure (NEVI) Formula Program and other projects that install electric vehicle (EV) charging infrastructure under title 23 of the United States Code.
According to The National Law Review, 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.