Electrification Coalition
City Partner Alert!

FHWA Proposed Rulemaking Raises Buy America EV Charger Requirement to 100% Domestic Content

Posted February 23, 2026

On February 12, 2026, the Federal Highway Administration (FHWA) issued a Notice of Proposed Modification to its existing Buy America waiver for electric vehicle (EV) chargers. FHWA is proposing to raise the domestic content requirement for federally funded EV chargers from 55% to 100%.

Under Buy America rules, a “domestic content threshold” is the minimum percentage of a product’s component costs that must be manufactured in the United States for that product to be eligible for use in a federally funded project.

What the Proposal Covers

This modification would apply broadly across FHWA programs. It would affect any EV charger purchased or installed with federal funds, including:

  • The NEVI Formula Program
  • The Charging and Fueling Infrastructure (CFI) Discretionary Grant Program
  • Any federal grants using the FHWA Buy America Waiver for acquiring EV charging equipment

Impact on City Projects

While we wait for final rulemaking, the most important factor for local governments is when federal funds are obligated and timelines for purchase/installation of charging infrastructure:

  • The current EV charger waiver applies to chargers manufactured on or after July 1, 2024. It requires:
    • Final assembly in the United States, and
    • At least 55% domestic component cost.
  • This 55% requirement will continue to apply to projects with federal funding obligated before the modified waiver takes effect.
  • Once FHWA finalizes the modified waiver, any project with funding obligated after that date must meet the new 100% domestic content requirement.
  • Though the current language only affects projects with unobligated funding, it is possible that the final rule could specify dates for when procurement requirements take effect that apply to ongoing projects as well, requiring ongoing them to be compliant with new 100% domestic sourcing requirement.

Market Readiness Concerns

No EV charger currently on the U.S. market is manufactured with 100% domestically sourced components, as the EV charging supply chain remains globally distributed. If implemented as proposed, this modification would effectively place a temporary pause on the ability of cities and other recipients to use federal funds for charger procurement and installation until U.S. manufacturing capacity aligns with the new requirement.

How Cities Can Submit Public Comments

Cities and agencies can submit comments directly through the Federal Register. Here’s how:

Step-by-Step Instructions

  1. Go to https://www.regulations.gov.
  2. In the search bar, enter the docket number listed in the FHWA notice: FHWA-2025-0070.
  3. Click on the docket titled:
    “Proposed Modification to Buy America Waiver for Electric Vehicle Chargers”.
  4. Select the “Comment” button.
  5. Enter your comment in the text box or upload a document.
  6. Provide your contact information (optional for individuals; recommended for governments).
  7. Click Submit Comment.

Tips for Effective City Comments

  • Describe expected impacts on local EV charging plans, timelines, procurement pipelines, and community needs.
  • Quantify effects where possible (e.g., number of chargers, expected deployment delays, contract timelines).
  • Highlight state/local goals that may be affected, such as deployment targets, transportation plans, or economic development strategies.
  • Offer recommendations, such as phased thresholds, temporary transition periods, or alternative compliance pathways.

Amy Malaki

Amy Malaki is the head of policy and sustainability at SkyNRG and SkyNRG Americas, pioneering global leaders in sustainable aviation fuel production and supply. Prior to SkyNRG, Amy was the associate director for the transportation portfolio at the ClimateWorks Foundation where she developed philanthropic investment strategies to advance a sustainable, equitable and low-carbon mobility system. She also pioneered the organization’s international aviation decarbonization strategy. Prior to that she focused on Asia business development at Better Place, a Silicon Valley electric vehicle network startup. She has a B.A. in Chinese and China studies from the University of Washington and an M.A. in international policy studies (energy and environment) from Stanford University.