PART 680—NATIONAL ELECTRIC VEHICLE INFRASTRUCTURE STANDARDS AND REQUIREMENTS Authority: 23 U.S.C. 109, 23 U.S.C. 315; Pub. L. 117-58, title VIII of division J. Source: 88 FR 12752, Feb. 28, 2023, unless otherwise noted. § 680.100 Purpose. The purpose of this part is to prescribe minimum standards and requirements for projects funded under the National Electric Vehicle Infrastructure (NEVI) Formula Program and projects for the construction of publicly accessible electric vehicle (EV) chargers that are funded with funds made available under Title 23, United States Code, including any EV charging infrastructure project funded with Federal funds that is treated as a project on a Federal-aid highway. § 680.102 Applicability. Except where noted, these regulations apply to all NEVI Formula Program projects as well as projects for the construction of publicly accessible EV chargers that are funded with funds made available under Title 23, United States Code, including any EV charging infrastructure project funded with Federal funds that is treated as a project on a Federal-aid highway. § 680.104 Definitions. AC Level 2 Alternative Fuel Corridor (AFC) CHAdeMO www.chademo.com Charger Charging network Charging network provider Charging port Charging station Charging station operator Combined Charging System (CCS) Community Connector Contactless payment methods Cryptographic agility Direct Current Fast Charger (DCFC) Disadvantaged communities (DACs) Distributed energy resource Electric Vehicle (EV) Electric Vehicle Infrastructure Training Program (EVITP) https://evitp.org/. Electric Vehicle Supply Equipment (EVSE) Open Charge Point Interface (OCPI) Open Charge Point Protocol (OCPP) Plug and Charge Power Sharing Private entity Public Key Infrastructure (PKI) Secure payment method Smart charge management State EV infrastructure deployment plan § 680.106 Installation, operation, and maintenance by qualified technicians of electric vehicle charging infrastructure. (a) Procurement process transparency for the operation of EV charging stations. (1) Summary of the procurement process used; (2) Number of bids received; (3) Identification of the awardee; (4) Proposed contract to be executed with the awardee; (5) Financial summary of contract payments suitable for public disclosure including price and cost data, in accordance with State law; and (6) Any information describing how prices for EV charging are to be set under the proposed contract, in accordance with State law. (b) Number of charging ports. (c) Connector type. www.chademo.com (d) Power level. (2) Each AC Level 2 charging port must have a continuous power delivery rating of at least 6 kW and the charging station must be capable of providing at least 6 kW per port simultaneously across all AC ports. AC Level 2 chargers may conduct power sharing and/or participate in smart charge management programs so long as each charging port continues to meet an EV's demand for power up to 6 kW, unless the EV charging customer consents to accepting a lower power level. (e) Availability. (f) Payment methods. (1) Provide for secure payment methods, accessible to persons with disabilities, which at a minimum shall include a contactless payment method that accepts major debit and credit cards, and either an automated toll-free phone number or a short message/messaging system (SMS) that provides the EV charging customer with the option to initiate a charging session and submit payment; (2) Not require a membership for use; (3) Not delay, limit, or curtail power flow to vehicles on the basis of payment method or membership; and (4) Provide access for users that are limited English proficient and accessibility for people with disabilities. Automated toll-free phone numbers and SMS payment options must clearly identify payment access for these populations. (g) Equipment certification. (h) Security. (1) Physical security strategies may include topics such as lighting; siting and station design to ensure visibility from onlookers; driver and vehicle safety; video surveillance; emergency call boxes; fire prevention; charger locks; and strategies to prevent tampering and illegal surveillance of payment devices. (2) Cybersecurity strategies may include the following topics: user identity and access management; cryptographic agility and support of multiple PKIs; monitoring and detection; incident prevention and handling; configuration, vulnerability, and software update management; third-party cybersecurity testing and certification; and continuity of operation when communication between the charger and charging network is disrupted. (i) Long-term stewardship. (j) Qualified technician. (1) Except as provided in paragraph (j)(2) of this section, all electricians installing, operating, or maintaining EVSE must meet one of the following requirements: (i) Certification from the EVITP. (ii) Graduation or a continuing education certificate from a registered apprenticeship program for electricians that includes charger-specific training and is developed as a part of a national guideline standard approved by the Department of Labor in consultation with the Department of Transportation. (2) For projects requiring more than one electrician, at least one electrician must meet the requirements above, and at least one electrician must be enrolled in an electrical registered apprenticeship program. (3) All other onsite, non-electrical workers directly involved in the installation, operation, and maintenance of chargers must have graduated from a registered apprenticeship program or have appropriate licenses, certifications, and training as required by the State. (k) Customer service. (l) Customer data privacy. (m) Use of program income. (2) For purposes of program income or revenue earned from the operation of an EV charging station, the State or other direct recipient should ensure that all revenues received from operation of the EV charging facility are used only for: (i) Debt service with respect to the EV charging station project, including funding of reasonable reserves and debt service on refinancing; (ii) A reasonable return on investment of any private person financing the EV charging station project, as determined by the State or other direct recipient; (iii) Any costs necessary for the improvement and proper operation and maintenance of the EV charging station, including reconstruction, resurfacing, restoration, and rehabilitation; (iv) If the EV charging station is subject to a public-private partnership agreement, payments that the party holding the right to the revenues owes to the other party under the public-private partnership agreement; and (v) Any other purpose for which Federal funds may be obligated under Title 23, United States Code. § 680.108 Interoperability of electric vehicle charging infrastructure. (a) Charger-to-EV communication. (b) Charger-to-Charger-Network Communication. (c) Charging-Network-to-Charging-Network Communication. (d) Network switching capability. § 680.110 Traffic control devices or on-premises signs acquired, installed, or operated. (a) Manual on Uniform Traffic Control Devices for Streets and Highways. (b) On-premises signs. § 680.112 Data submittal. (a) Quarterly data submittal. (1) Charging station identifier that the following data can be associated with. This must be the same charging station name or identifier used to identify the charging station in data made available to third-parties in § 680.116(c)(1); (2) Charging port identifier. This must be the same charging port identifier used to identify the charging port in data made available to third-parties in § 680.116(c)(8)(ii); (3) Charging session start time, end time, and any error codes associated with an unsuccessful charging session by port; (4) Energy (kWh) dispensed to EVs per charging session by port; (5) Peak session power (kW) by port; (6) Payment method associated with each charging session; (7) Charging station port uptime, T_outage, and T_excluded calculated in accordance with the equation in § 680.116(b) for each of the previous 3 months; (8) Duration (minutes) of each outage. (b) Annual data submittal. (1) Maintenance and repair cost per charging station for the previous year. (2) For private entities identified in paragraph (c)(1) of this section, identification of and participation in any State or local business opportunity certification programs including but not limited to minority-owned businesses, Veteran-owned businesses, woman-owned businesses, and businesses owned by economically disadvantaged individuals. (c) One-time data submittal. (1) The name and address of the private entity(ies) involved in the operation and maintenance of chargers. (2) Distributed energy resource installed capacity, in kW or kWh as appropriate, of asset by type (e.g., stationary battery, solar, etc.) per charging station; and (3) Charging station real property acquisition cost, charging equipment acquisition and installation cost, and distributed energy resource acquisition and installation cost; and (4) Aggregate grid connection and upgrade costs paid to the electric utility as part of the project, separated into: (i) Total distribution and system costs, such as extensions to overhead/underground lines, and upgrades from single-phase to three-phase lines; and (ii) Total service costs, such as the cost of including poles, transformers, meters, and on-service connection equipment. (d) Community engagement outcomes report. § 680.114 Charging network connectivity of electric vehicle charging infrastructure. (a) Charger-to-charger-network communication. (2) Chargers must have the ability to receive and implement secure, remote software updates and conduct real-time protocol translation, encryption and decryption, authentication, and authorization in their communication with charging networks. (3) Charging networks must perform and chargers must support remote charger monitoring, diagnostics, control, and smart charge management. (4) Chargers and charging networks must securely measure, communicate, store, and report energy and power dispensed, real-time charging-port status, real-time price to the customer, and historical charging-port uptime. (b) Interoperability. (c) Charging-network-to-charging-network communication. (d) Charging-network-to-grid communication. (e) Disrupted network connectivity. § 680.116 Information on publicly available electric vehicle charging infrastructure locations, pricing, real time availability, and accessibility through mapping. (a) Communication of price. (2) The price for charging displayed and communicated via the charging network must be the real-time price ( i.e., (3) Price structure including any other fees in addition to the price for electricity to charge must be clearly displayed and explained. (b) Minimum uptime. (1) A charging port is considered “up” when its hardware and software are both online and available for use, or in use, and the charging port successfully dispenses electricity in accordance with requirements for minimum power level (see § 680.106(d)). (2) Charging port uptime must be calculated on a monthly basis for the previous twelve months. (3) Charging port uptime percentage must be calculated using the following equation: µ = ((525,600−(T_outage−T_excluded))/525,600) × 100 where: µ = port uptime percentage, T_outage = total minutes of outage in previous year, and T_excluded = total minutes of outage in previous year caused by the following reasons outside the charging station operator's control, provided that the charging station operator can demonstrate that the charging port would otherwise be operational: electric utility service interruptions, failure to charge or meet the EV charging customer's expectation for power delivery due to the fault of the vehicle, scheduled maintenance, vandalism, or natural disasters. Also excluded are hours outside of the identified hours of operation of the charging station. (c) Third-party data sharing. (1) Unique charging station name or identifier; (2) Address (street address, city, State, and zip code) of the property where the charging station is located; (3) Geographic coordinates in decimal degrees of exact charging station location; (4) Charging station operator name; (5) Charging network provider name; (6) Charging station status (operational, under construction, planned, or decommissioned); (7) Charging station access information: (i) Charging station access type (public or limited to commercial vehicles); (ii) Charging station access days/times (hours of operation for the charging station); (8) Charging port information: (i) Number of charging ports; (ii) Unique port identifier; (iii) Connector types available by port; (iv) Charging level by port (DCFC, AC Level 2, etc.); (v) Power delivery rating in kilowatts by port; (vi) Accessibility by vehicle with trailer (pull-through stall) by port (yes/no); (vii) Real-time status by port in terms defined by Open Charge Point Interface 2.2.1; (9) Pricing and payment information: (i) Pricing structure; (ii) Real-time price to charge at each charging port, in terms defined by Open Charge Point Interface 2.2.1; and (iii) Payment methods accepted at charging station. § 680.118 Other Federal requirements. All applicable Federal statutory and regulatory requirements apply to the EV charger projects. These requirements include, but are not limited to: (a) All statutory and regulatory requirements that are applicable to funds apportioned under chapter 1 of Title 23, United States Code, and the requirements of 2 CFR part 200 apply. This includes the applicable requirements of 23, United States Code, and Title 23, Code of Federal Regulations, such as the applicable Buy America requirements at 23 U.S.C. 313 and Build America, Buy America Act (Pub. L. No 117-58, div. G sections 70901-70927). (b) As provided at 23 U.S.C. 109(s)(2), projects to install EV chargers are treated as if the project is located on a Federal-aid highway. As a project located on a Federal-aid highway, 23 U.S.C. 113 applies and Davis Bacon Federal wage rate requirements included at subchapter IV of chapter 31 of Title 40, U.S.C., must be paid for any project funded with NEVI Formula Program funds. (c) The American with Disabilities Act of 1990 (ADA), and implementing regulations, apply to EV charging stations by prohibiting discrimination on the basis of disability by public and private entities. EV charging stations must comply with applicable accessibility standards adopted by the Department of Transportation into its ADA regulations (49 CFR part 37) in 2006, and adopted by the Department of Justice into its ADA regulations (28 CFR parts 35 and 36) in 2010. (d) Title VI of the Civil Rights Act of 1964, and implementing regulations, apply to this program to ensure that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. (e) All applicable requirements of Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), and implementing regulations, apply to this program. (f) The Disadvantaged Business Enterprise (DBE) program does not apply to the NEVI Formula Funds; however, the DBE program may apply to other programs apportioned under chapter 1 of Title 23, United States Code. (g) The Uniform Relocation Assistance and Real Property Acquisition Act, and implementing regulations, apply to this program by establishing minimum standards for federally funded programs and projects that involve the acquisition of real property (real estate) or the displacement or relocation of persons from their homes, businesses, or farms. (h) The National Environmental Policy Act of 1969 (NEPA), the Council on Environmental Quality's NEPA implementing regulations, and applicable agency NEPA procedures apply to this program by establishing procedural requirements to ensure that Federal agencies consider the consequences of their proposed actions on the human environment and inform the public about their decision making for major Federal actions significantly affecting the quality of the human environment.