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Government Relations & Public Policy

New developments on EV charging; CA to set mandate on commercial properties

December 10, 2021

The Infrastructure Investment and Jobs Act (IIJA), signed into law by President Biden on November 15 includes numerous provisions related to electric vehicle (EV) charging infrastructure. Overall, the bill allocates $7.5 billion in federal funding for alternative fuel corridors along the National Highway System ($2.5 billion in grants) and to build out a national network of electric vehicle charging infrastructure ($5 billion over five years) to facilitate long-distance travel and to provide convenient charging options where people live and work. This federal funding is expected to have a particular focus on rural, disadvantaged and hard-to-reach communities.

States have been directed to consider measures to promote greater electrification of the transportation sector, including the establishment of rates that promote affordable and equitable electric vehicle charging options and accelerate third-party investment in public electric vehicle charging.

California, leading the way on EV charging mandates, is expected to adopt the first statewide mandate on chargers on commercial property on December 15, 2021, with implementation beginning on Jan 1, 2023. Under IIJA, California would expect to receive $384 million over five years to support the expansion of an EV charging network in the state. California will also have the opportunity to apply for a portion of the $2.5 billion in grant funding dedicated to EV charging in the bill.

ICSC and the California Business Properties Association (CBPA) have worked with environmental advocates, the Governor’s office, manufacturers of EV equipment and other stakeholders to attempt to mitigate some of the more onerous requirements. The next challenge will be to advocate for state and federal funding for private owners installing EV charging stations.

Changes expected for new construction (and some parking lot improvements)

Of all the parking spaces in the lot of parking facility:

  • 4% must provide fully-functioning, Level-2 EV Charging Systems
  • 16% must be EV-capable (providing a conduit that connects the electrical panel with the parking spot and enough capacity for 240-volt/40 amp back at the electrical panel). 
  • Exemptions have been made for cases where the local utility is unable to supply adequate power or a developer can adequately demos trace that additional utility infrastructure design requirements directly related to the EV charging regulations will adversely impact the project's construction cost.

Companies will be required to comply with the set of codes that are in effect on the day the initial permit application is submitted. Once the permit is issued, which can happen months after the initial permit application, work must start on that permit within 12 months. (This period was originally slated to be six months but was doubled due to legislation sponsored by ICSC and CBPA.)

For more information contact the ICSC Office of Global Public Policy at gpp@icsc.com.