Chapter 5. Navigating Federal, State, and Local Requirements

This chapter summarizes government requirements related to EVSE installation, including regulations, codes, and permitting procedures.

What are FAA planning requirements related to charger installations?

Many public-use airports accept federal grants or federal property transfers for airport purposes. These federally obligated facilities are bound by Federal Aviation Administration (FAA) requirements through its Airport Compliance Program. Federally obligated airports are highly regulated enterprises, and future development of the airport requires FAA coordination, certain FAA approvals, and/or compliance with federal regulations. Several types of airport planning efforts requiring FAA involvement or adherence to FAA regulations include:

• Airport Master Plan: FAA Advisory Circular 150/5070-6B, Airport Master Plans, provides guidance on the preparation of airport master plans that range in size and function from small general aviation to large commercial service facilities. The goal of a master plan is to provide the framework needed to guide future airport development that will cost-effectively satisfy aviation demand, while considering potential environmental and socioeconomic impacts. While close FAA coordination is maintained throughout the master plan process, the FAA has approval authority over two key elements of a master plan: aircraft activity forecasts and the Airport Layout Plan (ALP). The activity forecast will need to consider the deployment of new electric aircraft in the short term and escalated growth of electric aircraft as the market matures. The ALP is a scaled, graphical presentation of existing and future airport facilities, locations, and relevant clearance and dimensions. The ALP is a primary component of an airport master plan and is used by the FAA to program future funding assistance and to monitor the airport’s compliance with design standards and grant assurances.
• Electrification Master Plan: Airport operators are increasingly aware of the need to conduct a focused electrification study to guide their transition to electric power systems. The scope of an electrification master plan can vary but typically includes an energy demand analysis, power supply and distribution assessment, infrastructure siting, code compliance, and cost analysis among other components. The electrification master plan must comply with FAA regulations when siting future infrastructure. Coordination with the FAA is advised but not required when these studies are not federally funded.
• Project-Specific Plan: Often, infrastructure development is spurred by a particular need of or request from an existing tenant or future business. In these cases, site planning will be driven by the project proponent’s needs and preferences but will require significant involvement and oversight by the airport operator to ensure compliance with FAA requirements. Development proposals on the airside area (e.g., the area nearest a parked or maneuvering aircraft) will require the greatest scrutiny and involve the following FAA approvals:
  • FAA Form 7460-1 Approval: FAA Form 7460-1, Notice of Proposed Construction or Alteration, is required to be submitted to the FAA for any project proposed on airport property. The notice initiates an aeronautical review by the FAA to determine if proposed

structures may negatively affect navigable airspace. A best practice is to submit this form early in the site planning process to confirm that the proposed site is a viable option for charging infrastructure and not unduly restricted by airspace factors.

• ALP Pen-and-Ink Change: Airport operators must maintain an up-to-date ALP, and all proposed projects must be reflected on a FAA-approved ALP before they can be constructed. The ALP pen-and-ink change enables a project-specific update in lieu of undergoing a comprehensive update of the ALP.
• FAA Section 163 Approval: When an airport operator submits an ALP change with a request to change a land use from aeronautical to non-aeronautical, the FAA must determine whether the proposal is subject to the agency’s approval authority, as defined/limited by Section 163 of the FAA Reauthorization Act of 2018. The airport operator will need to work with the FAA planner to determine if Section 163 would apply to the proposed charging infrastructure project.

What are other Federal requirements for charger installations?

Environmental Review

The National Environmental Policy Act (NEPA) and special purpose environmental laws and regulations require environmental impact analyses of proposed airport actions subject to FAA decision, including federal funding (see: Federal Funding). The airport operator will need to communicate with its region’s FAA Airport District Office’s Environmental Specialist to determine the level of environmental evaluation that is needed, such as a Categorical Exclusion (CATEX), Environment Assessment (EA), or Environmental Impact Study (EIS). The FAA will determine its level of environmental oversight as part of the Section 163 process as described in the FAA Reauthorization Act of 2018 and the NEPA evaluation process. EVSE is generally nonintrusive and not subject to extensive environmental review. However, depending on the scale of the project and required infrastructure upgrades, consideration may be required for extending utility lines to the charging site, particularly for the electrification of aircraft. The Section 163 process requires understanding how the property where the infrastructure will be built was acquired and making this information available.⁵¹

Flood Prone Areas

An important environmental consideration for charging stations is recognizing and adhering to flood resiliency requirements. Standard industry best practice currently aligns with the Federal Emergency Management Agency’s (FEMA) National Flood Insurance Program in stating that all important infrastructure should be above the Base Flood Elevation (BFE). In accordance with the expectation that flooding will worsen in the future, airports should consider elevating charging infrastructure above the BFE, using guidelines like those laid out in the Federal Flood Risk Management Standard. The National Electric Vehicle Infrastructure (NEVI) Formula Program, for example, states that proposed EVSE will be evaluated partly on its consideration of projected future flood plains⁵². For EVSE that cannot be located outside or above floodplains, FEMA and the American Society of Civil Engineers provide in-depth guidelines for flood resistant design standards.

Americans with Disabilities Act Considerations

Public use infrastructure like charging stations at airports must be planned and constructed to meet the requirements of the ADA. Planning with the ADA in mind ensures that airports are not only following regulations for charging stations, but also helping to expand the general accessibility of EVs.

Alongside state and local laws, the ADA sets minimum enforceable standards that airports must follow when installing charging stations. While the ADA does not provide specific design standards for all aspects of charging stations, it does provide some specific information for the design and layout of charging stations and EV parking spaces that are accessible and usable by people with disabilities.⁵³ Per guidance from the U.S. Access Board, two key sets of features should be considered for charging stations:

• Accessible mobility features. A reasonable number of chargers must have physical access for people who use mobility devices, such as wheelchairs, scooters, walkers, and canes.⁵⁴ Accessible mobility features primarily involve having a large enough vehicle charging space, providing access aisles, installing charging infrastructure in accessible locations, and ensuring access to the physical operability of EVSE.
• Accessible communication features. All chargers should have accessible communication features and operable parts. This enables chargers to be used by people who are deaf or hard of hearing, little people, and other people with disabilities who do not need accessible mobility features (like access aisles) to use an EVSE port.

A summary of important ADA requirements can be found in Table 7. It is important for airports to recognize that many states and municipalities enforce more stringent accessibility requirements, requiring additional accessible spaces for charging stations and enforcing specific site layout.

Table 7. Summary of Important Americans with Disabilities Act Requirements

Source: The U.S. DOE Alternative Fuels Data Center⁵⁵

What are state and local considerations for charger installations?

Codes

Applicable codes for charging stations are typically governed by national, state, and local electric code and state and local building code. The specific codes an airport must adhere to when planning and constructing charging stations and the degree to which those codes address EVSE will be highly dependent on the jurisdiction the airport falls into. The National Electric Code (NEC), for example, provides requirements for the EVSE location, conductors, and circuit protection, but not all states and municipalities have adopted the entirety of the NEC⁵⁶. Airports and entities planning and constructing charging stations at airports should always seek out the most up-to-date codes, recognizing that states and municipalities may have additional requirements for EVSE.

As the market share of EVs grows, many states and municipalities have introduced EV readiness requirements into their building codes. Depending on jurisdiction, airports may need to ensure a minimum number of chargers and EV-ready parking spaces for both new and existing construction⁵⁷. Common requirements include that 5% of all parking spaces have charging infrastructure installed and between 10% and 40% of spaces be futureproofed for EVs to some degree.

While not always available, utilities can serve as a centralized resource for airports looking to determine the relevant electric and building codes that they must adhere to for charging stations. Guidelines from utilities can include regulations on cords, EV connectors, markings, overcurrent protection, receptacles and power outlets, personnel protection, electricity back-fees, and safety switches.⁵⁸ As a part of the utility engagement process detailed in Chapter 6, airports should request resources for relevant charging station codes.

Permitting

Like the codes regulating EVSE, the permitting process for charging stations will be highly dependent on the relevant jurisdiction. Some states like California have been aggressive in encouraging a uniform process for EVSE across municipalities and local utilities provide resources to identify the relevant permitting requirements.⁵⁹ Across all jurisdictions, permit applications typically include significant documentation of station design aspects including load calculations, electrical service assessments, site diagrams, and charging layouts. Final site inspection and charger commissioning is also often part of the permitting process.

During permit review, applications can be considered for compliance with electrical, accessibility, building, fire safety, structural and engineering and public safety regulations. In an ideal environment, all aspects of the permit application will be reviewed, and any revisions or comments will be noted and returned in a single package. This allows the permit submitter to respond to all revisions at the same time, which reduces the time and resources required to obtain a site permit. However, as noted in Chapter 5, airports should plan for delays to project timelines as permit application review and revisions are commonly a lengthy and resource-intensive process.

Charging Station Safety

EVs and charging stations present airports with new and unique safety concerns and involve different safety procedures than other vehicles and fueling stations. High voltage and high current electrical connections and batteries used in EVs, and onsite energy storage systems can be a significant risk to airport personnel, customers, and assets. Because of these safety considerations, it is critical that airports adhere to electric, building, and fire codes, and work with experienced and certified contractors when executing charging station projects. Airports should also ensure that any EVSE is regularly inspected and maintained and that EVSE with connectivity adheres to the relevant communication security protocols.

One of the most important charging station safety and training considerations for airports is fire. Batteries used in EVs, and energy storage systems introduce significantly different fire response considerations than traditional vehicles and fuels. As a result, charging station equipment should be labeled according to fire code, feature electrical disconnects, and verified to be capable of handling EV charging load.⁶⁰ Relevant airport staff should be trained on how best to respond to EV and charging station fires, including learning manufacturer-specific EV power shutoff and BEV fire procedures.

Wayfinding and Station Signage Requirements

Signage for charging stations provides two major functions: wayfinding signage helps EV drivers navigate to charging stations, and station signage marks stations and communicates station rules and policies. An example of EV charging signage can be found in Figure 29. Proper signage at charging stations provides the following benefits:⁶¹

• Helps EV drivers navigate to and identify charging stations.
• Optimizes the use of charging infrastructure by helping all drivers understand that parking spaces at charging stations are only for EVs.
• Provides information about policies—such as access, time limits, and hours of use—and facilitates enforcement.
• Enables the uptake of EVs by providing visibility of charging infrastructure to prospective EV drivers.
• Identifies charging station corridors.

Minimum standards for signage on public use roads and areas are set by the Federal Highway Administration and published in the Manual on Uniform Traffic Control Devices, which provides approved interim designs for charging station wayfinding signs, as well as general information about placement and visibility.⁶²

Figure 29. Example of EV Charging Signage

Source: DOE

Station signage designed to enforce policies related to charging must be supported by local ordinances specifying charging station policies. Typically, pavement markings are not enforceable on their own but can be used to reinforce signage. States and municipalities may have additional requirements for signage.