Excerpts from: https://www.fhwa.dot.gov/environmen...nations/90d_nevi_formula_program_guidance.pdf
On November 15, 2021, the President signed into law the Bipartisan Infrastructure Law (BIL), enacted as the Infrastructure Investment and Jobs Act (IIJA), (Pub. L. 117-58). The purpose of this memorandum is to highlight the new National Electric Vehicle Infrastructure (NEVI) Formula Program authorized under Paragraph (2) under the Highway Infrastructure Program heading in title VIII of division J of the BIL.
This memorandum provides background, funding eligibilities, and program guidance for implementation of these historic investments in electric vehicle (EV) charging infrastructure that will put the United States on a path to a nationwide network of 500,000 EV chargers by 2030 and ensure a convenient, reliable, affordable, and equitable charging experience for all users.
Under this program, each State is required to submit an EV Infrastructure Deployment Plan (Plan) that describes how the State intends to use its apportioned NEVI Formula Program funds in accordance with this guidance. No NEVI Formula Program funds shall be obligated by a State until FHWA approves that State’s Plan, although staffing and other activities related to the development of a Plan will be eligible for reimbursement (in accordance with 2 CFR Part 200).
This memorandum provides background, funding eligibilities, and program guidance for the historic investments in Electric Vehicle1 (EV) charging infrastructure made in the Bipartisan Infrastructure Law (BIL), enacted as the Infrastructure Investment and Jobs Act (IIJA), Public Law 117-58 (Nov. 15, 2021).
The BIL makes the most transformative investment in EV charging in United States (U.S.) history that will put us on a path to a nationwide network of 500,000 EV chargers2 by 2030 that ensures a convenient, reliable, affordable, and equitable charging experience for all users. This national network will:
• Accelerate equitable adoption of EVs, including for those who cannot reliably charge at home.
• Reduce transportation-related greenhouse gas emissions and help put the U.S. on a path to net-zero emissions by no later than 2050.
• Position U.S. industries to lead global transportation electrification efforts and help create family-sustaining union jobs that cannot be outsourced.
The BIL includes a total of up to $7.5 billion in dedicated funding to help make EV chargers accessible to all Americans for local to long-distance trips. That $7.5 billion is comprised of a $5 billion formula program and a $2.5 billion discretionary grant program:
1. National Electric Vehicle Infrastructure (NEVI) Formula Program. The $5 billion NEVI Formula Program will provide dedicated funding to States to strategically deploy EV charging infrastructure and establish an interconnected network to facilitate data collection, access, and reliability. Initially, funding under this program is directed to designated Alternative Fuel Corridors3 for electric vehicles to build out this national network, particularly along the Interstate Highway System. When the national network is fully built out, funding may be used on any public road or in other publicly accessible locations. Ten percent of the NEVI Formula Program will be set-aside each fiscal year for the Secretary of Transportation to provide discretionary grants to help fill gaps in the national network. A separate process for these “gap-filling” grants will be established in future guidance.
2. Discretionary Grant Program for Charging and Fueling Infrastructure.4 The $2.5 billion discretionary grant program is further divided into two distinct $1.25 billion grant programs to support EV charger deployment. These discretionary grant programs will ensure charger deployment meets the Biden-Harris Administration priorities such as supporting rural charging, building resilient infrastructure, climate change, and increasing EV charging access in underserved and overburdened communities (“disadvantaged communities”):
• Corridor Charging Grant Program. This program will strategically deploy publicly accessible EV charging infrastructure and hydrogen, propane, and natural gas fueling infrastructure along designated Alternative Fuel Corridors.
• Community Charging Grant Program. This program will strategically deploy publicly accessible EV charging infrastructure and hydrogen, propane, and natural gas fueling infrastructure in communities.
D. Specific Funding Requirements
Statutory Requirements Associated with Alternative Fuel Corridor
• “Any EV charging infrastructure acquired or installed with NEVI Formula Program funds shall be located along a designated Alternative Fuel Corridor.”
- States should prioritize the use of NEVI Formula Program funding for EV charging infrastructure along the Interstate Highway System.
- As infrastructure must be located along designated corridors, States should review designated Alternative Fuel Corridors and consider nominating additional corridors, prioritizing the Interstate Highway System first, in the current round of Request for Nominations.
- States may also use NEVI Formula Program funding elsewhere on designated corridors along the National Highway System, as necessary, to ensure a convenient, affordable, reliable, and equitable national network.
“If a State determines, and FHWA certifies12, that the designated Alternative Fuel Corridors for electric vehicles in the States are fully built out, then the State may use funds provided under the NEVI Formula Program for EV charging infrastructure on any public road or in other publicly accessible locations that are open to the general public or to authorized commercial motor vehicle operators from more than one company.”
- Publicly accessible locations may include public parking facilities, parking at public buildings, public transportation stations, Park-and-Rides, public schools, public parks, private parking facilities available for public use, and visitor centers and other public locations on Federal Lands.
- Until FHWA certifies that a State’s corridor is fully built out, NEVI Formula Program funding shall only be used along designated corridors to construct new EV charging infrastructure and upgrade existing EV charging infrastructure, and in both cases shall reflect the considerations in this guidance.
- The Secretary will not consider the certification of a State’s determination that the designated Alternative Fuel Corridors for electric vehicles within that State are fully built out during the first year of the NEVI Formula Program.
- If the Secretary certifies a State’s determination that its Alternative Fuel Corridors for electric vehicles are fully built out, that certification will extend through FY 26 and will apply to all NEVI Formula Program funding. This certification should not be construed as implying that additional State, local, or private sector investment is not necessary or encouraged.
- A State’s determination that the designated Alternative Fuel Corridors in that State are fully built out will be certified by the Secretary only when all designated corridors within that State (with prioritization given to Interstate Highway System corridors) meet the considerations outlined in this guidance.
- The Secretary will not certify a State’s designated Alternative Fuel Corridors for electric vehicles as being “fully built out” until the Secretary finds that the State’s corridors meet the following criteria:- EV charging infrastructure is installed every 50 miles along the State’s portions of the Interstate Highway System within 1 travel mile of the Interstate, unless a discretionary exception has been granted;- EV charging infrastructure includes at least four 150kW Direct Current (DC) Fast Chargers with Combined Charging System (CCS) ports capable of simultaneously DC charging four EVs;- EV charging infrastructure has minimum station power capability at or above 600kW and supports at least 150kW per port simultaneously across four ports for charging; and- Such additional considerations deemed necessary and appropriate by the Secretary of Transportation.
“All funding distributed under the NEVI Formula Program shall be for projects directly related to the charging of a vehicle13 and only to support EV charging infrastructure that is open to the general public or to authorized commercial motor vehicle operators from more than one company.”
- Renewable energy generation and storage, such as on-site solar panels, would be considered directly related if it leads to lower overall construction and operating costs, and therefore would be eligible.
- The development of a State Plan is an eligible expense as a direct cost for use of the NEVI Formula Program funds.