Attorney General Clark Says Proposed Federal EV Charger Manufacturing Rule Sets 'Impossible' Standard

Attorney General Charity Clark today joined a coalition of state attorneys general urging the Federal Highway Administration to withdraw a proposal that would require electric vehicle chargers funded with federal dollars to be made entirely with U.S. components.

Under current federal rules, EV chargers funded through federal infrastructure programs must be assembled in the United States and contain at least 55% domestically manufactured components beginning this fall. The attorneys general argue that the new proposal - raising that requirement to 100% - sets a standard that manufacturers cannot currently meet.

As the comment letter explains, FHWA should not adopt the proposal because it conflicts with federal law, exceeds the agency's authority, ignores the reliance of states and manufacturers on existing rules, and is arbitrary and capricious. States across the country are using federal funding from programs such as the National Electric Vehicle Infrastructure program and the Charging and Fueling Infrastructure program to expand EV charging networks. In their comment letter, the coalition explains that imposing a 100% domestic component requirement would likely halt many of those projects because no chargers currently meet that standard.

The attorneys general also note that manufacturers and states have already made significant investments based on the current framework, which gradually increases domestic manufacturing requirements to the 55% level established in federal law. Abruptly changing that standard would undermine those investments and slow the growth of domestic EV charger manufacturing in the United States.

The coalition is urging FHWA to withdraw the proposal and maintain the current approach, which supports both domestic manufacturing and the timely deployment of EV charging infrastructure nationwide.

Joining Attorney General Clark in submitting the comment letter are the attorneys general of Arizona, California, Colorado, Delaware, the District of Columbia, Hawai'i, Illinois, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Virginia, and Washington, as well as the governor of Kentucky.

A copy of the comment letter is available on our website.

CONTACT: Amelia Vath, Senior Advisor to the Attorney General, 802-828-3171