$16.7 Million of National Electric Vehicle Infrastructure Funding Will Soon be Available in the District of Columbia

December 27, 2023

The Infrastructure Investment Jobs Act (IIJA), also known as the Bipartisan Infrastructure Law (BIL), provides states with $7.5 billion to help make EV charging more accessible to all Americans. This $7.5 billion comprises the $5 billion National Electric Vehicle Infrastructure (NEVI) Formula Program and the $2.5 billion Charging and Fueling Infrastructure Program.

Over the five years of the NEVI Formula Program, the District of Columbia will receive $16.7 million in funding. The initial focus is to invest in electric vehicle supply equipment (EVSE) and to strategically deploy Direct Current Fast Charging (DCFC) stations along designated Alternative Fuel Corridors (AFCs), to help build out the national EV AFC network. The District currently has two existing AFCs that are designated corridor-ready, including New York Avenue (US-50) and I-295 and Anacostia Freeway (DC-295). Additionally, the District has three AFCs that are designated corridor-pending, including I-395 and I-695, Rhode Island Ave (US-1/US-29), and Pennsylvania Ave SE. Once the District’s AFC network is “fully built out,” the District may use NEVI Formula Program funds for EV charging infrastructure on any public road or other publicly accessible location.

NEVI Funding Opportunities will be available from DDOT in early 2024! The initial Notice of Funding Availability (NOFA) was published on December 15, 2023 and is available here. The Request for Applications (RFA), which will include a detailed list of requirements, will be available on March 29, 2024, and submissions will be due by May 24, 2024. Applicants for grant funding may include local governments, local businesses, utilities, EV charging station companies, and a variety of other vendors and contractors. Prospective contractors may apply for up to 80 percent federal cost share of the eligible costs, with a minimum required match of 20 percent from non-federal sources.

DDOT will hold a one-time public webinar to discuss the NOFA and address preliminary questions about the RFA on January 25, 2024 at 1:00pm EST. Information on how to participate in the webinar is available here.

Eligible funding recipients include: Businesses ( e.g., corporations, partnerships, sole proprietorships, and limited liability companies); Government owned entities ( e.g., municipalities, state agencies, institutions, universities and community colleges); and, Tribal government agencies. The DDOT online submission deadlines and process will require significant attention to details such as priority locations, coordination with public utilities, minimum equipment requirements, a detailed scoring rubric and execution of a NEVI legal agreement.

For more information and assistance with participation in this significant funding opportunity, please contact Lauren M. Burge at lburge@eckertseamans.com (412-566-2146) or Lisa A. Bell at lbell@eckertseamans.com (202-659-6629) or Renardo (Rick) Hicks at rhicks@eckertseamans.com (717-237-6081). Eckert Seamans attorneys have practical experience across a broad range of practices, such as energy, utilities, and public transit, and work with a diverse group of clients, including government entities and private businesses. In our most successful relationships, we have become a part of our clients’ risk and project management teams, helping design the strategies necessary to achieve their objectives and implement their strategic plans successfully and cost-effectively. We are a full-service law firm that can assist with: EV charging grant research and writing, RFP writing, introduction and relationship management with EV charging manufacturers and service providers, contract negotiations and review.

Click here to view a downloadable PDF of the legal update.

This Infrastructure Update is intended to keep readers current on developments in the law. It is not intended to be legal advice. If you have any questions, please contact Renardo (Rick) Hicks at rhicks@eckertseamans.com (717-237-6081), Lisa A. Bell at lbell@eckertseamans.com (202-659-6629) or Lauren M. Burge at lburge@eckertseamans.com (412-566-2146), or any other attorney at Eckert Seamans with whom you have been working.