Transition to EVs

On this date in 1996, GM announced the production and sale of it’s first mass produced electric vehicle, the EV1.  The EV1 would be produced from the fall of that year until the fall of 2003.  However, it was available only in Arizona and California and only as a lease vehicle. 

The EV1 was not the actual first electric vehicle.  Clara Ford, the wife of Henry Ford, herself drove a 1914 Detroit Electric, which got 80 miles a charge, until the mass production of gas-powered engines led by her husband drove the burgeoning electric vehicle industry out of business. 

Since 2003, all electric vehicles and hybrid gas/electric vehicles have grown in popularity in large part due to federal support of the industry.  Several US departments are involved in the funding of and financial incentives for electric vehicles and the infrastructure needed for them.  These include, the Department of Transportation (USDOT), the Federal Aviation Administration (FAA), the Federal Highway Administration (FHWA), the Federal Transit Administration (FTA), the Maritime Administration (MARAD), the Department of Energy (DOE), the Department of Agriculture (USDA), the Environmental Protection Agency (EPA), the Small Business Administration (SBA), the Department of Commerce (DOC), the Department of Labor (DOL), the Internal Revenue Service (IRS), and the Department of Housing and Urban Development (HUD). 

Some agencies may seem only tangentially connected to the shift to electric vehicles.  For example, the FAA is in charge of implementation of use of vehicles and creation of charging stations at airports while MARAD has the same responsibility at marine ports.  The USDA works with agricultural communities to transition to electric vehicles.  The FTA works specifically with transitioning public transportation, such as buses, including school buses, to EVs. 

Other agencies indirectly affect the use of electric vehicles through the support of business and commerce.  The DOC supports innovation and competition among companies in general while the SBA specifically supports small businesses in creating and supporting technology for EV infrastructure. The DOL supports research and development for the workforce in larger facilities with more workers.  HUD eases the expense of purchasing and installing chargers for renters, homeowners, and multifamily property owners.  And, of course, the IRS administers tax incentive programs for the purchase of EVs.    

Cooperation among the agencies directly involved in creation and maintenance of the infrastructure needed for implementation of a complete transfer to low or zero emission vehicles is essential and was the impetus behind the Bipartisan Infrastructure Law (BIL) which created the Joint Office of Energy and Transportation, a collaboration of USDOT and DOE.  The FHWA also works with these agencies on EV infrastructure across the US highway system.  Finally, the EPA, through its ENERGY STAR Program, develops energy efficiency specifications for charging equipment and helps the States with the purchase of ENERGY STAR certified chargers.

Information on the laws and regulations for incentives and tax credits for EVs may be found here. 

Environmental Statutes and Executive Orders Relevant to EVInfrastructure

FCC Adopts Rules to Prevent and Eliminate Digital Discrimination

Internet access and fast broadband are essential for participating in modern life.  The Covid-19 pandemic in 2020 revealed the seriousness of what was already known – that a severe “digital divide” exists in the United States.  Citizens in low economic communities, rural areas, and Tribal territories often suffer from spotty, slow, and even non-existent internet access.  Most of these historically unserved and underserved communities parallel those that suffered from the “redlining” created by the National Housing Act of 1934.  During the closure of many services during the pandemic, residents in these areas had intermittent access to educational, health and social services.  Internet was needed for online classes so that students could participate in lessons and do their homework.  Many health services were only available through telehealth medicine.  Social services, such as applying for financial assistance or accessing information, were only available with computer access.  Job searches moved to being mostly online.  Cell phone usage was not reliable enough for people to accomplish the tasks they needed to do.

Therefore, in November of 2021, Congress passed the Bipartisan Infrastructure Law.  This law invested $65 billion dollars in universal broadband access which would make the internet both available and affordable, especially in those underserved areas.  Section 60506 of the Bipartisan Infrastructure Law states that “[i]t is the policy of the United States that, insofar as technically and economically feasible, subscribers should benefit from equal access to broadband.”  The law then directs the Federal Communications Commission (FCC) to “adopt rules to facilitate equal access to broadband internet access service” that “[prevent] digital discrimination of access based on income level, race, ethnicity, color, religion, or national origin; and [identify] necessary steps for the Commission to take to eliminate discrimination.”  Two years later, on November 15, 2023, the FCC officially adopted these rules.  Chairwoman Rosenworcel and Commissioners Starks and Gomez wrote individual statements in support of the rules while Commissioners Carr and Simington both issued dissenting statements.

These FCC rules define “digital discrimination of access” as “policies or practices, not justified by genuine issues of technical or economic feasibility, that differentially impact consumers’ access to broadband internet access service based on their income level, race, ethnicity, color, religion or national origin, or are intended to have such differential impact.” These impacts can arise from discriminatory intent, or they can be unintentional but still have a discriminatory effect.  The rules do take into account cost to the providers for delivering services as well as their technological ability to do so.  In general, the standard for these feasibilities is whether other, similar providers are able to serve these areas at the same level and at a more reasonable price. 

The source for the Congress’s and the FCC’s commitment to universal access is rooted in the Communications Act of 1934, which addressed wire and radio communication, and the Telecommunications Act of 1996, which expanded the law to include telecommunications.

The text of the report and rules, as well as the statements of the commissioners can be found here.