DOT revises NEVI guidance, but keeps the new charging station program

NEVI guidance

On Monday, U.S. Transportation Secretary Sean P. Duffy unveiled revised NEVI guidance. The for the National Electric Vehicle Infrastructure (NEVI) Formula Program gets updates that streamline applications, provide states with more flexibility, and slash red tape left by the previous administration.

The department said “This will ensure charging stations are actually built, and federal funding is spent effectively and efficiently. The Interim Final Guidance is effective immediately while FHWA (Federal Highway Administration) seeks comment on what further changes may be appropriate.”

“If Congress is requiring the federal government to support charging stations, let’s cut the waste and do it right,” said U.S. Transportation Secretary Sean P. Duffy. “Our revised NEVI guidance slashes red tape and makes it easier for states to efficiently build out this infrastructure. While I don’t agree with subsidizing green energy, we will respect Congress’ will and make sure this program uses federal resources efficiently.”

Changes to the policy appear to revolve around two general areas: cutting regulatory requirements to speed project implementation and turning away from helping rural, underserved, and disadvantaged communities as well as labor (workers).

Among the changes:

  • Minimizes the content in state plans to statutory and regulatory requirements.
  • Simplifies the state plan approval process.
  • Aligns community engagement with regulatory requirements and reduces consultation requirements to advance projects.
  • Provides states with flexibility to determine the appropriate distance between stations along alternative fuel corridors to allow for reasonable travel.
  • Minimizes requirements for states to consider electric grid integration and renewable energy
    Accelerates project delivery by encouraging selection of charging locations where station owners are also the site host.
  • Eliminates requirements for states to address consumer protections, emergency evacuation plans, environmental siting, resilience and terrain considerations.
  • Provides states with more flexibility to determine when their system is built out allowing NEVI funds to be used on public roads statewide.

Examples of Rescinded Language:

  • Plans should be developed and updated through engagement with rural, underserved, and disadvantaged communities to ensure that diverse views are heard and considered throughout the planning process, and to ensure that the deployment, installation, operation, and use of EV charging infrastructure achieves equitable and fair distribution of benefits and services.
  • Plans should explain how the State will deliver projects under the NEVI Formula Program that, consistent with Executive Order (E.O) 14008 and the Interim Justice40 Guidance issued by the White House and USDOT, target at least 40 percent of the benefits towards disadvantaged communities.
  • The Plan should also demonstrate how the implementation will promote strong labor, safety, training, and installation standards as well as opportunities for the participation of small businesses, including minority-owned and women-owned small businesses.
  • The Plan should also address emergency and evacuation needs, snow removal and seasonal needs, and ways for EV charging to support those needs. The Plan should also describe strategies for resilience for operation during emergencies and extreme weather.

Ultimately, the U.S. gets more charging stations, and it might just get them sooner…

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