Since enactment, the Biden administration (the Administration) has moved quickly to implement the EV provisions of the IIJA, signaling urgency to disburse funds and kickstart new projects. On December 13, 2021, the Administration announced an Electric Vehicle Charging Action Plan to “fast-track” IIJA investments. The action plan, which includes the steps federal agencies are taking to implement the new EV charging programs, gives new details on timing, criteria, and opportunities for states, localities, and private sector stakeholders. The action plan includes the following:

• Establishing a New Joint Office of Energy and Transportation: On December 14, 2021, the Department of Transportation (DOT) and the Department of Energy (DOE) announced the creation of a new Joint Office. The new office is designed to leverage resources across agencies and coordinate the federal approach to deploying a national network of charging stations, providing technical assistance to states and localities, and guiding the disbursement of funds.
• Publishing EV Charging Program Guidance and Standards: By February 11, 2022, the DOT will publish guidance for states and cities to deploy EV charging stations to build out a national network. According to the Administration, the guidance will address current gaps in charging infrastructure, focus on the needs of disadvantaged communities, catalyze further private investment in EV charging, and address connection to the electric grid. Further, by May 13, 2022, DOT will publish standards for EV chargers in the national network.
• Requesting Stakeholder Input: The Administration has already begun soliciting stakeholder input related to EV charging programs and recently announced several new initiatives.

- In late November, the DOT and DOE published a request for comments to solicit feedback on the implementation of the EV Charging Program and the Charging and Fueling Infrastructure Program. This request aligns with the agencies’ statutory obligation to develop program guidance for the EV charging programs. Comments are due by January 28, 2022.

- DOT and DOE also requested information from domestic manufacturers to identify EV chargers and other charging related components that meet the DOT’s Buy America requirements and to highlight the benefits of shifting all manufacturing and assembly processes to the United States. Comments are due today, January 10, 2022.

- The White House will convene a series of initial stakeholder meetings on topics including partnerships with state and local government, domestic manufacturing, equity and environmental justice, civil rights, partnering with tribal communities, and maximizing environmental benefits. Further, DOT and DOE will also launch a new Advisory Committee on Electric Vehicles and will announce members by the first quarter of 2022.

Overview of the New EV Charging Station Programs

National Electric Vehicle Formula Program: The IIJA allocates $5 billion over five years to the National Electric Vehicle Formula Program, which provides funding to states to create EV charging stations and establish an interconnected network to facilitate data collection, access, and reliability. Funds will be distributed via predetermined “formulas” (based on factors like population) and can be used for the acquisition, installation, operation, maintenance, and data sharing related to EV infrastructure. Under this program, charging stations must be located along Federal Highway Administration-designated “alternative fueling corridors.”

It is anticipated that public recipients of funding will contract with the private sector for all or a portion of the necessary equipment or services. Under the law, the federal cost-share for this program cannot exceed 80 percent of costs, meaning local or private entities will need to pay at least 20 percent.

Charging and Fueling Infrastructure Program: The IIJA also allocates $2.5 billion over five years for the Charging Fueling Infrastructure Program, a competitive grant program that aims to strategically deploy publicly accessible EV charging infrastructure as well as hydrogen, propane, and natural gas fueling infrastructure along designated alternative fuel corridors or in certain other locations that are accessible to such vehicles. The DOT Secretary is authorized to award grants to states, metropolitan planning organizations, local governments and other public entities. These recipient entities must contract with private companies for the acquisition and installation of publicly accessible EV charging or eligible fuel infrastructure.

The IIJA mandates that 50 percent of the funds made available each fiscal year to carry out this program be directed to community grants, which may be used for designated public roads, schools, parks, and in publicly accessible parking facilities; with priority given to rural areas, low- and moderate-income neighborhoods and communities with low ratios of private parking or high ratios of multiunit dwellings.

The implementation of the new EV charging station programs and the disbursement of unprecedented levels of federal funding bring both challenges and opportunities. States and localities receiving grant money under these programs will need to partner with and rely on EV charging station manufacturers, suppliers, and other experts to implement ambitious new projects. As the Administration solicits feedback and drafts program guidelines.