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Providing Legal Insight for Government Contractors
The Department of Transportation’s Federal Highway Administration has issued final standards for the installation, operation, and maintenance of electric vehicle (EV) charging stations paid for with federal funds pursuant to the Infrastructure Investment and Jobs Act (IIJA) and other federal authorities. The standards, which go into effect on March 30, 2023, regulate the types of chargers that may be installed, as well as payment processing, labor, cybersecurity, and data privacy practices for EV charging infrastructure on federal highways.
The IIJA established the National Electric Vehicle Infrastructure (NEVI) Formula Program to provide $5 billion in funding to states, local governments, transportation authorities, and tribes for the acquisition and installation of EV charging infrastructure. The IIJA allows recipients of NEVI Formula Program funds to partner with private entities to operate the EV charging infrastructure, but the new rule limits how income from EV charging stations can be used.
Although the purpose of the NEVI Formula Program is to support the build out of interconnected EV charging infrastructure along federal highways that have been designated as Alternative Fuel Corridors, the standards apply to all projects that install EV charging infrastructure using Title 23 federal funds. The IIJA directed the Secretary of Transportation, in consultation with the Secretary of Energy and stakeholders, to issue minimum guidelines and standards concerning the installation, operation, or maintenance by qualified technicians of electric vehicle charging infrastructure; the interoperability of electric vehicle charging infrastructure; network connectivity of electric vehicle charging infrastructure; and publicly available information about locations, pricing, real-time availability, and accessibility through mapping applications.
Key Provisions
Conclusion
The Federal Highway Administration announced the availability of NEVI Formula Program funds beginning in April 2022 in support of the Biden Administration’s goal of having 500,000 new EV charging systems installed by 2030.
Crowell will continue to monitor and provide updates on the implementation of the IIJA’s funding programs and regulations impacting EVs and related charging infrastructure.
Byron R. Brown is a senior counsel in the Washington D.C. office. He is in the firm’s Government Affairs and Environment & Natural Resources groups. Byron has almost two decades of experience working at the intersection of law and policy and has experience…
Byron R. Brown is a senior counsel in the Washington D.C. office. He is in the firm’s Government Affairs and Environment & Natural Resources groups. Byron has almost two decades of experience working at the intersection of law and policy and has experience negotiating legislation, drafting regulations, managing congressional investigations, preparing regulatory comments, and developing and executing government affairs strategies before Congress and the executive branch. Earlier in his career, Byron worked for more than a decade as an attorney in the U.S. Environmental Protection Agency’s Office of General Counsel, including several years as associate deputy general counsel during both the Bush and Obama administrations. After leaving EPA, Byron served as senior counsel and director of oversight and investigations for the Committee on Natural Resources for the U.S. House of Representatives and then as senior counsel for the Committee on Environment and Public Works in the U.S. Senate. He also has experience as a legislative fellow in the personal office of a U.S. Senator. Prior to joining the firm in August 2018, Byron served as deputy chief of staff for policy at the EPA, where he coordinated the agency’s work on infrastructure and led several rulemaking initiatives.
Rebecca Baden Chaney is a partner in the firm’s Washington, D.C. office and is co-chair of the firm’s Transportation Practice. She is a member of the Mass Tort, Product, and Consumer Litigation and Product Risk Management groups, primarily serving clients in the transportation…
Rebecca Baden Chaney is a partner in the firm’s Washington, D.C. office and is co-chair of the firm’s Transportation Practice. She is a member of the Mass Tort, Product, and Consumer Litigation and Product Risk Management groups, primarily serving clients in the transportation industry, with an emphasis on automotive and micromobility products, and autonomous and electric vehicles. With a deep understanding of the digital transformation that is impacting the industry, she helps her clients to advance their businesses through targeted legal strategies. She also represents clients in the consumer products industry.
Lorraine M. Campos is a partner and member of the Steering Committee of Crowell & Moring’s Government Contracts Group and focuses her practice on assisting clients with a variety of issues related to government contracts, government ethics, campaign finance, and lobbying laws. Lorraine…
Lorraine M. Campos is a partner and member of the Steering Committee of Crowell & Moring’s Government Contracts Group and focuses her practice on assisting clients with a variety of issues related to government contracts, government ethics, campaign finance, and lobbying laws. Lorraine regularly counsels clients on all aspects of the General Services Administration (GSA) and the U.S. Department of Veterans Affairs (VA) Federal Supply Schedule (FSS) programs. She also routinely advises clients on the terms and conditions of these agreements, including the Price Reduction Clause, small business subcontracting requirements, and country of origin restrictions mandated under U.S. trade agreements, such as the Trade Agreements Act and the Buy American Act. Additionally, Lorraine advises life sciences companies, in particular, pharmaceutical and medical device companies, on federal procurement and federal pricing statutes, including the Veterans Health Care Act of 1992.
Lorraine has been ranked by Chambers USA since 2013, and she was recognized by Profiles in Diversity Journal as one of their “Women Worth Watching” for 2015. Additionally, Lorraine is active in the American Bar Association’s Section of Public Contract Law and serves as co-chair of the Health Care Contracting Committee.
Tom Lorenzen is a partner in Crowell & Moring’s Washington, D.C. office. He is the co-chair of the firm’s Environment & Natural Resources Group and a leader of its Appellate Group. He is also a member of the firm’s Litigation, Government Affairs, and…
Tom Lorenzen is a partner in Crowell & Moring’s Washington, D.C. office. He is the co-chair of the firm’s Environment & Natural Resources Group and a leader of its Appellate Group. He is also a member of the firm’s Litigation, Government Affairs, and Administrative Law & Regulatory groups. Tom works with clients seeking to successfully navigate the federal environmental rulemaking process. He is ranked by Chambers and Partners as one of just five Band 1 U.S. practitioners in the field of climate change law.
Tyler O’Connor is an energy litigator and public policy leader in Crowell & Moring’s Washington, D.C. office, where he represents clients in the courts, in arbitration forums, and before federal agencies.
Prior to joining Crowell, Tyler served as the Energy Counsel to the…
Tyler O’Connor is an energy litigator and public policy leader in Crowell & Moring’s Washington, D.C. office, where he represents clients in the courts, in arbitration forums, and before federal agencies.
Prior to joining Crowell, Tyler served as the Energy Counsel to the House Energy and Commerce Committee, where he played a leading role in drafting the Inflation Reduction Act (IRA) and Infrastructure Investment and Jobs Act (IIJA). He was the lead House lawyer responsible for the Federal Power Act and Natural Gas Act and worked extensively on transmission, energy cybersecurity, and energy supply chain issues. His work brought him into frequent contact with senior administration officials, including at the Department of Energy (DOE) and the Federal Energy Regulatory Commission (FERC), as well as congressional leadership. As the staffer responsible for emerging technologies, including hydrogen and offshore wind, as well as the Loan Programs Office, Tyler has been at the center of energy policy discussions.
The Government Contracts Legal Forum is dedicated to addressing real-time, cutting edge developments in government contracting. Our attorney authors are part of one of the largest practices with a 40-year history. Our lawyers are bar and industry leaders, and our practice is widely recognized as the best in the business. In describing the practice, Chambers USA stated that “[t]his stellar group is widely respected for its deep bench and broad experience.” We advise a broad range of clients, from privately held businesses to multinational, publicly-traded Fortune 100 corporations, as well as small non-profits, academic institutions, and emerging research and development enterprises. Our experience covers virtually every aspect of the increasingly complex and heavily regulated government contracts and grants process, from entering the government marketplace and bidding on public contracts to complying with complex regulatory regimes and performing contracts, litigating disputes, and handling terminations. Whether your company is competing for its first government contract or grant, or has a long history of working with dozens of agencies, Crowell & Moring's Government Contracts Group can provide consistent and comprehensive guidance and support to help foster growth and success, as well as get — and keep — companies out of hot water. If we can be of service to you, please contact one of the Government Contracts Group co-chairs, Peter Eyre or Dan Forman.
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