Federal EV Charging Station Requirements Explained: NEVI Standards Under 23 CFR Part 680

Where the Rules Come From

The Infrastructure Investment and Jobs Act of 2021 created the NEVI Formula Program, which distributes funds to states to build a national network of EV chargers, especially along designated Alternative Fuel Corridors. FHWA published the final minimum standards rule in February 2023, codified at 23 CFR Part 680. The standards apply to chargers funded under Title 23, including NEVI and the Charging and Fueling Infrastructure discretionary grants.

The program has been subject to federal policy changes and litigation since 2025, including a pause and later revised guidance. The Part 680 regulation itself remains the baseline technical standard, but each state DOT issues its own NEVI plan, solicitations, and contract terms. Always confirm current guidance with your state DOT before bidding.

Connectors and Power

• DC fast chargers: Corridor stations must generally have at least four DC charging ports, each capable of delivering at least 150 kW simultaneously, with the station able to supply at least 600 kW total.
• Connector type: The rule requires Combined Charging System (CCS Type 1) connectors on DC ports. Chargers may also include other connectors, such as the SAE J3400 (formerly Tesla NACS) connector, as long as the CCS requirement is met. Watch for updates, as federal policy on J3400 has been evolving.
• Level 2 chargers: Must have J1772 connectors and support at least 6 kW per port.
• Availability: Stations along corridors must be open to the public 24 hours a day, 7 days a week, with limited exceptions.

Separately, NEVI guidance has called for corridor stations roughly every 50 miles and within one travel mile of the highway exit, though states may request exceptions.

Uptime: The 97 Percent Rule

Each charging port must have an average annual uptime greater than 97 percent. Uptime is calculated on a port-by-port basis, with certain excluded outages such as utility power failures, vandalism, natural disasters, and scheduled maintenance windows. Operators must maintain the equipment, and state contracts frequently require a maintenance plan, remote monitoring, and penalties for chronic outages.

Payment and Pricing

• Drivers must be able to pay without a membership or subscription.
• Chargers must accept contactless payment from major debit and credit cards, and an automated method such as a phone number for customer service must be available.
• The price must be displayed before a session begins and must be stated in dollars per kilowatt-hour. Any additional fees, such as idle fees, must be clearly displayed.
• The price cannot change during a session once it begins.
• Plug and Charge capability using ISO 15118 hardware is required, enabling future automatic authentication.

Networking and Interoperability

Chargers must be networked and must use open, nonproprietary protocols. Part 680 requires chargers to communicate with the charging network using the Open Charge Point Protocol (OCPP) version 2.0.1 and networks to support Open Charge Point Interface (OCPI) 2.2.1 for roaming between networks. Operators must be able to switch charging networks without replacing hardware, which prevents vendor lock-in.

Public Data Sharing

Operators must make station data available to third-party software developers free of charge through an application programming interface, including location, status, price, and connector types, so that mapping apps show real-time availability. Operators must also report quarterly and annual data to the state, including sessions, energy dispensed, uptime, and operations costs, which is used for national reporting on the program.

Workforce and Customer Service

• Electricians installing and maintaining chargers must generally hold certification from the Electric Vehicle Infrastructure Training Program (EVITP) or a registered apprenticeship program that includes EV charger-specific training.
• A customer service line must be available to drivers, and customer service must be accessible to people with limited English proficiency and those with disabilities.
• Physical security, lighting, and cybersecurity measures are required.

Buy America

Federally funded chargers are subject to Buy America requirements. FHWA established a phased approach under which charger enclosures and final assembly must occur in the United States, with domestic content requirements increasing over time. Check current FHWA Buy America guidance because waivers and phase-in dates have changed.

Accessibility

Part 680 does not itself set detailed accessibility dimensions, but federally funded stations must comply with the ADA and Section 504 of the Rehabilitation Act. The U.S. Access Board has issued technical assistance on accessible EV charging stations covering accessible spaces, reach ranges for connectors and payment screens, and accessible routes. Many states also have their own accessible charging space requirements in their building codes.

Requirements That Apply Even Without Federal Money

• Electrical code: National Electrical Code Article 625 governs EV charging equipment installation as adopted in your state.
• Building codes: Many states and cities require EV-ready or EV-capable parking spaces in new construction.
• Weights and measures: Many states require chargers that sell electricity by the kilowatt-hour to be certified under NIST Handbook 44 and inspected like gas pumps.
• Utility rules: Interconnection, demand charges, and make-ready programs vary by utility.

What to Do Next

If you are a property owner, contractor, or developer considering a NEVI-funded site, read your state's current NEVI plan and request for proposals, confirm which version of the federal guidance applies, and build uptime and data reporting into the operating budget. For contract or compliance questions, consult a licensed attorney or the state DOT program office. This article is general information, not legal advice.