Items To Consider Regarding Installation of Electric Vehicle Charging Stations

On Nov.3, 2022, Clark Hill PLC was pleased to present a webinar regarding Electric Vehicle Charging Stations. Among other aspects and items addressed, there was a discussion of critical components regarding the installation and use of EVCS, both from the user and installer/operator perspectives.

The following is a brief listing of decision tree and operational elements involved in siting, installation, and operation of EVCS:

1. Siting
   1. Owned or leased
   2. If leased – Owner consent
   3. Stand-alone property or subject to Declaration/CCRs
   4. If Declaration – consents needed
   5. Other considerations – exclusives in center
   6. Municipal
2. Location and Number of Units
   1. On site – location and anticipated use
   2. Access
   3. Municipal permits/zoning requirements/parking ratios
   4. Power availability
   5. Storage/backup systems and additional cost
3. Installation/Choice of Provider
   1. Company and business model selected
   2. Upfront cost/cost-sharing
   3. Choice of equipment/hardware type 2
   4. Maintenance/upkeep/replacement and updates/removal
   5. Uptime – federal minimum 97%
   6. Contract terms and availability of trained maintenance and repair personnel
   7. Timing and disruption for installation by the company
   8. Power availability
   9. Power storage/battery backup installation
4. Usage
   1. Federal Standards – NEVI (2/22)
   2. State requirements –EVCS provisions/exemptions from Public Utility Certification requirements
   3. Local requirements – permits/inspections/safety
   4. Uptime – account oversight and maintenance
   5. Intended usage – QUICK charge – software – address both time in parking spaces and power used
   6. How to monetize and limits
   7. Length of agreement/useful life and terms based on business model
5. Cybersecurity: Contractual, State & Federal requirements and regulatory concerns
6. Environmental Considerations
7. Get Experienced Assistance/Advice

The foregoing is intended to be a starting point, not an exhaustive examination of the issues and decisions to be considered and handled in connection with the installation and usage of EVCS. We note that these determinations, solutions, and approaches are needed across a number of legal areas and need to be approached in a unified manner to seek to navigate the issues to achieve a successful result.

Clark Hill’s EVCS team is composed of practitioners in all areas that are raised in the listing above and stand ready to provide appropriate legal guidance as needed in connection with the decision to provide EVCS and the accomplishment of same.

The views and opinions expressed in the article represent the view of the authors and not necessarily the official view of Clark Hill PLC. Nothing in this article constitutes professional legal advice nor is it intended to be a substitute for professional legal advice.