Q&As for Build America, Buy America (BABA) Implementation Plan to Enhance Buy America for Electric Vehicle (EV) Chargers
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2023-07-11
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Abstract:On February 21, 2023, FHWA issued the BABA Implementation Plan to Enhance Buy America for EV Chargers to enable EV charger acquisition and installation to immediately proceed while also ensuring the application of Buy America to EV chargers by the phasing of requirements over time. The Implementation Plan consists of a Limited Waiver of Buy America Requirements for Electric Vehicle Chargers, which waives the application of FHWA's Buy America requirements for steel, iron, and manufactured products under 23 U.S.C. 313 and the construction materials requirement under § 70914 of the Build America, Buy America Act (BABA) (Pub. L. 117-58, div. G §§ 70901-52) (collectively referred to as "Buy America requirements") to EV chargers under certain conditions. Prior to issuing the Implementation Plan, EV chargers were covered by FHWA's Buy America General Waiver for Manufactured Products. In addition, Buy America requirements applied to any predominantly steel or iron component of an EV charger regardless of the overall composition of the EV charger. FHWA developed the Implementation Plan to clarify Buy America requirements for EV chargers and encourage the domestic EV charger industry to ramp up production. The Implementation Plan consists of three key components. First, it removes EV chargers from the Manufactured Products General Waiver. Second, it waives Buy America steel and iron requirements except for predominately steel or iron housing components. Third, it phases in Buy America coverage to give domestic EV manufacturers time to grow to meet demand for domestic EV chargers. Depending on when the EV charger is manufactured and installed, EV chargers covered by the Implementation Plan satisfy Buy America requirements if they conform with certain conditions laid out in the Implementation Plan. Accordingly, EV chargers that conform with the Implementation Plan may be used on FHWA projects without the need to obtain a project-specific waiver from FHWA.
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Main Document Checksum:urn:sha-512:0ae1f6fbe7f1bf85454506248237776242fa8030ab104761eeca5be82b7c0d9bc1e52938c07e827a85e54ab775042588813052015150af0dfa9f53c04d139208
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