CFI NOFO 693JJ323NF00004.pdf

U.S. DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

Notice of Funding Opportunity for Fiscal Year (FY) 2022 and FY 2023 for the U.S.

Department of Transportation’s Charging and Fueling Infrastructure Discretionary Grant

Opportunity

AGENCY: U.S. Department of Transportation (DOT), Federal Highway Administration

(FHWA).

ACTION: Notice of Funding Opportunity (NOFO) Number 693JJ323NF00004

Charging and Fueling Infrastructure Discretionary Grant Opportunity

SUMMARY: The purpose of this notice is to solicit applications for grants totaling of up to

$700 million under the Charging and Fueling Infrastructure Discretionary Grant Program (CFI

Program), established under the Infrastructure Investment and Jobs Act (“Bipartisan

Infrastructure Law” or “BIL”). The $700 million is divided into two separate grant categories:

(1) up to $350 million for the Community Charging and Fueling Program Grants (Community

Program), to strategically deploy electric vehicle (EV) charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, and natural gas fueling infrastructure located on public roads or in other publicly accessible1 locations; and (2) up to $350 million for the

Alternative Fuel Corridor Grants (Corridor Program), to strategically deploy charging and

1 Publicly accessible means the equipment is available to the public without restriction. A station that is not maintained or restricts access only to customers, tenants, employees, or other consumers is not publicly accessible.

Publicly accessible locations may include public parking facilities, parking at public buildings, public transportation stations, Park-and-Rides, public schools, public parks, private parking facilities available for public use, and visitor centers and other public locations on Federal Lands.

https://www.fhwa.dot.gov/environment/alternative_fuel_corridors/nominations/90d_nevi_formula_program_guidan ce.pdf https://www.fhwa.dot.gov/environment/alternative_fuel_corridors/nominations/90d_nevi_formula_program_guidance.pdf https://www.fhwa.dot.gov/environment/alternative_fuel_corridors/nominations/90d_nevi_formula_program_guidance.pdf alternative fueling infrastructure located along designated alternative fuel corridors.2 The actual amount of funding available for award each fiscal year will be based on the reduction of authorized funding due to the imposition of the annual obligation limitation. While applicants can choose to apply for only one grant program, this combined solicitation allows applicants to simultaneously apply for funding under both programs by submitting only one application. To the extent possible, all applications will be considered for both the Community and the Corridor programs.

The CFI Program will accelerate an electrified and alternative fuel transportation system that is convenient, affordable, reliable, equitable, accessible, and safe. The CFI Program will also help put the U.S. on a path to a nationwide network of at least 500,000 EV chargers by 2030 and improve networks for vehicles using hydrogen, propane, and natural gas. The CFI Program builds on the FHWA Alternative Fuel Corridor (AFC) program and complements the National

Electric Vehicle Infrastructure (NEVI) Formula program, which is initially focused on enabling long distance trips along the National Highway System (NHS). The goals of the CFI Program are to 1) supplement, not supplant, necessary private sector investment; 2) complement existing

Federal programs; 3) facilitate broad public access to a national charging and alternative fuel infrastructure network to accelerate adoption of zero emissions vehicles; 4) implement Justice403 objectives, lower transportation costs, and increase economic opportunity; 5) advance job quality, workforce development, and workforce equity; and 6) reduce greenhouse gas and vehicle-related emissions.

2 Overall, this program authorizes funding for 5 fiscal years (including FY 2022 and 2023), totaling up to $2.5 billion (FY 2022 $300 million, FY 2023 $400 million, FY 2024 $500 million, FY 2025 $600 million, and FY 2026 $700 million.

3 Justice40 Initiative | US https://www.transportation.gov/equity-Justice40

By encouraging the adoption and expansion in use of alternative fuels, CFI Program investments have the potential to significantly address the transportation sector’s outsized contributions to climate change. Currently, the transportation sector is both the largest source of

U.S. carbon dioxide emissions, and is increasingly vulnerable because of the higher temperatures, more frequent and intense precipitation, and sea level rise associated with the changing climate.4

The FHWA seeks to award funding under this notice to projects that address environmental justice,5 particularly for communities (prioritizing rural areas and low- and moderate-income neighborhoods) that may disproportionately experience the consequences from climate change and other pollutants. Also, as part of the FHWA implementation of Executive

Order (EO) 14008, Tackling the Climate Crisis at Home and Abroad (86 FR 7619),6 FHWA seeks to fund projects that help achieve the goal that at least 40 percent of benefits7 flow towards low-income8 communities, disadvantaged communities,9 communities underserved by affordable transportation, or overburdened10 communities. In addition, FHWA intends to use this funding opportunity to support the creation of good-paying jobs with the free and fair choice to join a

4 See EPA Inventory of U.S. Greenhouse Gas Emissions and Sinks, available at https://www.epa.gov/ghgemissions/inventory-us-greenhouse-gas-emissions-and-sinks.

5https://www.epa.gov/environmentaljustice#:~:text=Environmental%20justice%20is%20the%20fair,laws%2C%20r egulations%2C%20and%20policies.

6 https://www.federalregister.gov/documents/2021/02/01/2021-02177/tackling-the-climate-crisis-at-home-and-abroad 7 The Justice40 Initiative is the Administration’s whole-of-government approach to advancing environmental justice though recommendations on how certain Federal investments might be made toward a goal that 40 percent of the overall benefits of investments flow to disadvantaged communities. (EO 14008, Tackling the Climate Crisis at Home and Abroad, 86 FR 7619) 8 Low-income: A person whose median household income is at or below the U.S. Department of Health and Human Services poverty guidelines. (FHWA Order 6640.23A. FHWA Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, 2012) 9 Disadvantaged communities are those that are marginalized, underserved, and overburdened by pollution. (EO 14008 on Tackling the Climate Crisis at Home and Abroad, 2021).

10 Overburdened Communities include minority, low-income, tribal or indigenous populations, or geographic locations in the U.S. that potentially experience disproportionate environmental harms and risks. (EPA EJ 2020 Glossary) https://www.epa.gov/ghgemissions/inventory-us-greenhouse-gas-emissions-and-sinks https://www.epa.gov/environmentaljustice#:%7E:text=Environmental%20justice%20is%20the%20fair,laws%2C%20regulations%2C%20and%20policies https://www.epa.gov/environmentaljustice#:%7E:text=Environmental%20justice%20is%20the%20fair,laws%2C%20regulations%2C%20and%20policies https://www.federalregister.gov/documents/2021/02/01/2021-02177/tackling-the-climate-crisis-at-home-and-abroad https://www.federalregister.gov/documents/2021/02/01/2021-02177/tackling-the-climate-crisis-at-home-and-abroad union and the incorporation of strong labor standards and diverse workforce programs, in particular registered apprenticeships, labor management partnerships and Local Hire agreements,11 in project planning stages and program delivery.

This notice describes the application requirements, selection and evaluation criteria, Federal requirements, and available technical assistance during the grant solicitation period. To ensure a fair and unbiased evaluation of applications submitted under this notice, applications must be complete and address all statutory requirements; however, FHWA may request supplementary information, as needed, or to determine which category of grant the application best aligns or if applicants could be eligible to receive an award from both categories of funding.

Recipients of an award under this program related to EV infrastructure are required to comply fully with applicable sections of the National Electric Vehicle Infrastructure Standards and

Requirements (23 CFR Part 680).12 These Standards specify technical aspects of chargers including connector types, power levels, minimum number of charging ports per station, minimum uptime (reliability standards), payment methods, and more; data submittal requirements; workforce requirements for installation, operation, or maintenance by qualified technicians; interoperability of EV charging infrastructure; traffic control devices and signage;

network connectivity; and publicly available information. There will be at least one Webinar regarding the CFI Program. Please check the CFI website

(https://www.fhwa.dot.gov/environment/cfi/) and the Joint Office of Energy and Transportation

(Joint Office) Website (https://driveelectric.gov/) for more information.

11 Contracts awarded with geographic hiring preferences are eligible for assistance under most FHWA financial assistance programs.

12 EV Charging Minimum Standards Rule as Submitted to Federal Register for Publication (dot.gov) https://www.fhwa.dot.gov/environment/cfi/ https://driveelectric.gov/ https://www.fhwa.dot.gov/environment/nevi/resources/ev_charging_min_std_rule_fr.pdf

Funding Opportunity Summary:

Up to $700 million in Federal funding to provide grants to eligible entities to strategically deploy publicly accessible EV charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, and natural gas fueling infrastructure in certain locations or along designated AFCs that will be accessible to all drivers of EVs, hydrogen vehicles, propane vehicles, and natural gas vehicles.

Up to $350 million is available for Community Program projects.

Up to $350 million is available for Corridor Program projects.

Federal Agency Name: U.S. Department of Transportation FHWA, Office of Planning, Environment and Realty

(HEP)

1200 New Jersey Avenue, SE Washington, DC 20590

Funding Opportunity Title: Charging and Fueling Infrastructure Grant Opportunity

Announcement Type: This is the initial announcement of this funding opportunity. Section 11401of the Bipartisan Infrastructure Law (BIL), enacted as the Infrastructure Investment and Jobs Act (Pub. L. 117-58, Nov. 15, 2021), established the Charging and Fueling Infrastructure Discretionary Grant Program which is codified at 23 U.S.C. § 151(f)(2).

There are two funding categories under the Charging and Fueling Infrastructure Discretionary Grant Program:

(1) Community Charging and Fueling Program Grants and (2) Alternative Fuel Corridor Grants.

Community Grants: • Located on any public road or in other publicly accessible locations, such as parking facilities at public buildings, public schools, and public parks, or in publicly accessible parking facilities owned or managed by a private entity.

• Must be publicly accessible.

• May use funds to contract with a private entity.

• Minimum award amount of $500,00013, maximum award amount of $15 million.

• Must address environmental justice.

• Expected to reduce greenhouse gas emissions and to expand or fill gaps in access to publicly accessible infrastructure.

• Must be accessible to and usable by individuals with disabilities.

Corridor Grants: • Located along a designated AFC; EV charging within 1 mile and other alternative fuels within 5 miles of the AFC.

• Must be publicly accessible.

• Minimum award amount of $1 million14, no maximum award amount.

• Must use funds to contract with a private entity.

• Must address environmental justice.

• Must be accessible to and usable by individuals with disabilities.

Funding Opportunity Number:

693JJ323NF00004

Type of Award: Cost Reimbursement Grant

Funding Categories: The FHWA Administrator may advise the Secretary of Transportation (Secretary) on options for reduced awards and may award eligible applications under either the Community or the Corridor Program. To the extent possible, all applications will be considered for both the Community and the Corridor Program regardless of which grant is applied for.

13 The DOT reserves the discretion to consider award sizes under the anticipated minimum award size threshold upon receiving the full pool of applications and assessing the needs of the program in relation to grant priorities and consideration.

14 The DOT reserves the discretion to consider award sizes under the anticipated minimum award size threshold upon receiving the full pool of applications and assessing the needs of the program in relation to grant priorities and consideration.

Assistance Listing Number (formerly Catalog of Federal Domestic Assistance (CFDA)):

20.205 – Highway Planning and Construction

Application Due Date: Submission Deadline: Applications are due not later than 11:59 PM EST on MAY 30, 2023, through Grants.gov. Applicants are encouraged to submit applications in advance of the application deadline;

however, applications will not be evaluated, and awards will not be made, until after the application deadline.

Submit Applications To: The FHWA uses Grants.gov for receipt of all applications. Applicants must register and use the system to submit applications electronically. Approval of new user registrations for Grants.gov may take multiple weeks. Applicants are encouraged to register in advance of the submission deadline, and to subscribe under this NOFO number to receive notifications of updates/amendments. It is the Applicant’s responsibility to monitor Grants.gov for any updates/amendments to this NOFO. Complete instructions on how to register and apply can be found at Grants.gov. If interested parties experience difficulties at any point during registration or application process, please call the Grants.gov Customer Support Hotline at 1-800-518-4726.

U.S. DOT staff cannot assist with technical Grants.gov questions. Grants.gov technical support is available:

Online: http://www.grants.gov/web/grants/support.html By phone (24 hours a day, 7 days a week): 1-800-518- By email: support@grants.gov

Questions: Submit Questions to Email: CFIgrants@dot.gov

Applications will not be reviewed in advance, but FHWA staff are available to answer questions regarding the program. In addition, FHWA will post answers to questions and requests for clarifications at Grants.gov under this funding opportunity number.

http://www.grants.gov/ http://www.grants.gov/ http://www.grants.gov/ http://www.grants.gov/ http://www.grants.gov/ http://www.grants.gov/ http://www.grants.gov/ http://www.grants.gov/web/grants/support.html mailto:support@grants.gov mailto:CFIgrants@dot.gov

SUPPLEMENTARY INFORMATION: The organization of this notice is based on an outline set forth in Appendix I to Title 2 of the Code of Federal Regulations (CFR) Part 200 to ensure consistency across Federal financial assistance programs. However, that format is designed for locating specific information, not for linear reading. For readers seeking to familiarize themselves with how the CFI Program dual funding categories application process will work, DOT recommends starting with Section A for both the Community Program and the Corridor

Programs, which describe the goals of each program and DOT’s Administration priorities. The

DOT also recommends reviewing Section E, which describes how DOT will select among eligible applications. The FHWA Administrator may advise the Secretary on options for reduced awards and may award eligible applications under either the Community or the Corridor

Program.

TABLE OF CONTENTS

A. Program Description 11

1. Overview 11

i. Community Program 11

ii. Corridor Program 12

2. Additional Information 13

3. Administration Priorities and Departmental Strategic Plan

Priority Statements 14 B. Federal Award Information 16

1. Amount Available 16

i. Community Program 17

ii. Corridor Program 17

2. Scalable Project Options 17

C. Eligibility Information 18

1. Eligible Applicants 18

2. Cost Sharing or Matching 19

3. Eligible Projects and Project Costs 20

4. Community Program – Eligibility Information 20

5. Corridor Program – Eligibility Information 22

D. Application and Submission Information 23

1. Address to Request Application Package 23

2. Content and Form of Application 24

i. Project Narrative 25

ii. Budget Information: Grant Funds, Sources, and Uses of All

Project Funding 33

iii. Project Merit Criteria 35

iv. Project Readiness and Environmental Risk 35

3. Unique Entity Identifier and System for Award Management (SAM) 36

4. Submission Dates and Timelines 37

5. Intergovernmental Review 37

6. Funding Restrictions 38

i. Community Program 38

ii. Corridor Program 38

7. Other Submission Requirements 39

i. Consideration of Applications 39

ii. Late Applications 40

iii. Compliance with Section 508 of the Rehabilitation Act of 1973 40

E. Application Review Information 41

1. Selection Criteria 41

i. Community Program 41

ii. Corridor Program 41

iii. Overall Application Rating 41

iv. Project Merit Criteria 42

a. Criterion #1 Safety 42

b. Criterion #2 Climate Change, Resilience, and Sustainability 43

c. Criterion #3 Equity, Community Engagement, and Justice40 44

d. Criterion #4 Workforce Development, Job Quality, and Wealth Creation 46

e. Criterion #5 CFI Program Vision 48

v. DOT Statutory Selection Priorities 50

vi. Additional Considerations 51

vii. DOT Priority Considerations 53

2. Review and Selection Process 53

i. Review Process 54

ii. Selection Process 54

3. Additional Information 56

F. Federal Award Administration Information 56

1. Award Notices 56

2. Administrative and National Policy Requirements 57

3. Reporting 64

i. Progress Reporting on Grant Activities 64

ii. Reporting of Matters Related to Recipient Integrity and Performance 65

iii. Other 65

G. Federal Awarding Agency Contacts 65 H. Other Information 66

1. Protection of Confidential Business Information 66

2. Publication/Sharing of Application Information 67

3. DOT Feedback on Applications 67

A. Program Description

1. Overview

The CFI Program was established by the Bipartisan Infrastructure Law (BIL) (enacted as the Infrastructure Investment and Jobs Act, Section 11401, Pub. L. 117–58, Nov. 15, 2021, codified at 23 U.S.C. § 151) with two grant categories, one for the Community Program and one for the Corridor Program. The BIL provided up to $150 million to each program for FY 2022, totaling up to $300 million, and up to $200 million to each program for FY 2023, totaling up to

$400 million. Accordingly, a total of up to $700 million is available under this notice, which includes up to $350 million for the Community Program and up to $350 million for the Corridor

Program. Although this is one grant program, this solicitation is one NOFO with two distinct funding opportunities. These two distinct funding opportunities are referred to jointly as the

“CFI Program” throughout this NOFO.

i. Community Program

Community Program grants are expected to reduce greenhouse gas emissions and to expand or fill gaps in access to charging or alternative fueling infrastructure.

Under 23 U.S.C. § 151(f)(8), FHWA seeks to award Community Program Grants to eligible entities (listed in Section C.1.) for projects on any public road or in other publicly accessible locations that are expected to reduce greenhouse gas emissions and to expand or fill gaps in access to publicly accessible EV charging infrastructure, or hydrogen, propane, or natural gas fueling infrastructure. Projects expanding access to charging and fueling infrastructure in rural areas,15 low- and-moderate income neighborhoods, and communities with a low ratio of

15 For the purposes of the CFI Program, Urbanized Areas (UA) with populations of less than 50,000 will be considered rural. For purpose of this notice, in defining urban and rural communities, DOT will rely on the Census Bureau 2020 definition of UA as an area that consists of densely settled territory that contains 50,000 or more private parking spaces to households or a high ratio of multiunit dwellings to single family homes shall be prioritized (23 U.S.C. § 151(f)(8)(F)). Infrastructure may be located on any public road or in other publicly accessible locations, such as parking facilities at public buildings, public schools, and public parks,16 or in publicly accessible parking facilities owned or managed by a private entity (23 U.S.C. § 151(f)(8)(E)). If selected for an award, grant recipients may use funds to contract with a private entity17 that owns or manages parking facilities; however, fees to gain access to the charging or fueling infrastructure funded by this grant are not permitted.

ii. Corridor Program

Corridor Program grants are expected to support buildout of charging or alternative fueling infrastructure along designated AFCs.

Under 23 U.S.C. § 151(f)(6), FHWA seeks to award Corridor Program Grants to eligible entities (listed in Section C.1.) to contract with a private entity18 for acquisition and installation of publicly accessible EV charging infrastructure, or hydrogen, propane, or natural gas fueling infrastructure that is directly related to the charging or fueling of a vehicle along designated

AFCs. As of 2022, designated AFCs cover nearly 190,000 miles of the NHS and traverse rural and urban areas, Tribal lands, national parks, and underserved and disadvantaged communities.

The CFI Program will assist State and local agencies, private industry, and other interested stakeholders to build an alternative fuels transportation network to better meet drivers’ needs and improve the mobility of passenger and commercial vehicles that employ electric, hydrogen fuel people. Updated lists of UAs are available on the Census Bureau Website at:

http://www2.census.gov/geo/maps/dc10map/UAUC_RefMap/ua/ 16 Use of parks must comply with DOT 4(f) requirements 23 U.S.C. 138, 49 U.S.C. 303, and 23 CFR part 774.

17 The Federally Funded Research and Development Centers, including the National Renewable Energy Laboratory, are ineligible to be contracted as a private entity under this grant program.

18 The Federally Funded Research and Development Centers, including the National Renewable Energy Laboratory, are ineligible to be contracted as a private entity under this grant program.

https://www.fhwa.dot.gov/planning/national_highway_system/ http://www2.census.gov/geo/maps/dc10map/UAUC_RefMap/ua/ cell, propane, and natural gas fueling technologies across the nation. The Corridor Program envisions a national AFC network that allows for inter-city, regional, and inter-state travel using cleaner fuels, addresses driver range anxiety, integrates with existing transportation planning processes, and accelerates public interest and awareness of alternative fuel availability. This includes both light-duty passenger vehicles and medium/heavy-duty vehicles. Through this

NOFO, FHWA seeks to solicit applications that enable these objectives while contributing to the broader objectives outlined below.

The FHWA seeks to award projects in both urban and rural areas along designated AFCs to create a balance of publicly accessible electric charging and alternative fuel infrastructure.

The EV charging infrastructure should be conveniently and safely located as close to the AFC as possible, and, in general, no greater than one mile from Interstate exits or highway intersections along designated corridors. Hydrogen fueling infrastructure, propane fueling infrastructure, and natural gas fueling infrastructure is allowable no more than five miles from Interstate exits or highway intersections along the corridor. Infrastructure shall be located along a designated AFC under this section, on the condition that any affected Indian Tribes are consulted before the designation (23 U.S.C. § 151(f)(6)).

2. Additional Information

The DOT is committed to considering project funding decisions holistically among the various discretionary grant programs available in BIL. The DOT also recognizes that applicants may be seeking funding from multiple discretionary grant programs and opportunities. An applicant may seek the same award amounts from multiple DOT discretionary opportunities or seek a combination of funding from multiple DOT opportunities. The applicant should identify any other DOT programs and opportunities they have applied for and intend to apply for beyond the CFI Program (or utilize if the Federal funding is already available to the applicant), and what award amounts they will be seeking, within their application. The Community Program seeks to layer in a “dig once,” future-proofing approach to this substantial investment in charging and alternative fuel infrastructure. This “dig once” philosophy equates to maximizing the overall societal and economic benefits of a project while minimizing the cost and disruption of construction by considering and installing for current needs and as many of the reasonably foreseeable future needs, as practicable. Examples may include, but are not limited to, communications and broadband conduit, duct banks, and adequate power distribution for multimodal vehicular charging.

In addition to personally owned electric and alternative fuel vehicles, this NOFO can enable electrified and alternative fueled shared mobility, active mobility, and other affordable transportation options by combining funding from the Community Grant Program with other public and private investment.

Applicants for the Corridor Program should ensure their applications, as they relate to EV infrastructure, align with their State’s NEVI Deployment Plan.

3. Administration Priorities and Departmental Strategic Plan Priority Statements

The DOT will consider the following priorities when making award decisions for the CFI

Program:

1. Safety: The Department is committed to advancing safe, efficient transportation, including in the CFI Program. The National Roadway Safety Strategy (NRSS), issued

January 27, 2022, commits the Department to respond to the current crisis in roadway fatalities by ‘taking substantial, comprehensive action to significantly reduce serious and fatal injuries on the Nation’s roadways,’ in pursuit of the goal of achieving zero roadway deaths through a Safe System Approach.19 The outcomes that are anticipated from the projects funded by the CFI Program should align with the NRSS.

2. Climate Change and Sustainability: The Department seeks to fund projects under the CFI

Program that reduce greenhouse gas emissions in the transportation sector, incorporate evidence-based climate resilience measures and features, reduce the lifecycle greenhouse gas emissions from the project materials, and avoid adverse environmental impacts to air or water quality, wetlands, and endangered species, and address the disproportionate negative environmental impacts of transportation on disadvantaged communities, consistent with Executive Order (EO) 14008, Tackling the Climate Crisis at Home and

Abroad (86 FR 7619).20

3. Equity and Justice40: The Department seeks to award projects under the CFI Program that will create proportional impacts to all populations in a project area, remove transportation related disparities to all populations in a project area, and increase equitable access to project benefits, consistent with EO 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government (86 FR

7009). The Department also seeks to award projects that address equity and environmental justice, particularly for communities that have experienced decades of underinvestment and are most impacted by climate change, pollution, and environmental hazards, consistent with EO 14008, Tackling the Climate Crisis at Home and Abroad (86

FR 7619).

19 https://www.transportation.gov/NRSS 20 See U.S. Department of Transportation Strategic Framework FY 2022–2026 (Dec. 2021) at https://www.transportation.gov/administrations/office-policy/fy2022-2026-strategic-framework https://www.transportation.gov/NRSS https://www.transportation.gov/administrations/office-policy/fy2022-2026-strategic-framework

4. Workforce Development, Job Quality, and Wealth Creation: The Department intends to use the CFI Program to support the creation of good-paying jobs with the free and fair choice to join a union and the incorporation of strong labor standards and training and placement programs, especially registered apprenticeships, in project planning stages, consistent with EO 14025, Worker Organizing and Empowerment (86 FR 22829), and

EO 14052, Implementation of the Infrastructure Investment and Jobs Act (86 FR 64335).

The Department also intends to use the CFI Program to support wealth creation, consistent with the DOT’s Equity Action Plan through the inclusion of local inclusive economic development and entrepreneurship such as the utilization of Disadvantaged

Business Enterprises, Minority-owned Businesses, Women-owned Businesses, or 8(a) firms.

5. Accessibility: The Department is committed to making infrastructure accessible to and usable by individuals with disabilities.21

B. Federal Award Information

1. Amount Available

A total of up to $700 million is available for CFI Program awards under this notice, which includes up to $300 million appropriated by the BIL for FY 2022, and up to $400 million appropriated by the BIL for FY 2023. All awards of FY 2022 funding are available for obligation though September 30, 2025 and must be expended by September 30, 2030. All awards

21 For more information, please refer to the U.S. Access Board American with Disabilities Act Accessibility Standards website at https://www.access-board.gov/ada/ and, as appropriate, U.S. Access Board document entitled Design Recommendations for Accessible Electric Vehicle Charging Stations found here: www.access-board.gov/tad/ev/ https://www.transportation.gov/sites/dot.gov/files/2022-04/Equity_Action_Plan.pdf https://www.access-board.gov/ada/ http://www.access-board.gov/tad/ev/ http://www.access-board.gov/tad/ev/ of FY 2023 funding are available for obligation through September 30, 2026 and must be expended by September 30, 2031.

i. Community Program Award Information

A total of up to $350 million is available through this notice for the Community Program, which includes up to $150 million appropriated for FY 2022, and up to $200 million appropriated for FY 2023. The minimum award size is $500,000 and the maximum award amount is $15 million (23 U.S.C § 151(f)(8)(I)). The DOT reserves the discretion to consider award sizes under the anticipated minimum award size threshold above upon receiving the full pool of applications and assessing the needs of the program in relation to grant priorities and consideration.

ii. Corridor Program Award Information

A total of up to $350 million is available through this notice for the Corridor Program, which includes up to $150 million for FY 2022, and up to $200 million for FY 2023. The minimum award size is $1 million and there is no maximum award size under this NOFO. The

DOT reserves the discretion to consider award sizes under the anticipated minimum award size threshold above upon receiving the full pool of applications and assessing the needs of the program in relation to grant priorities and consideration.

2. Scalable Project Options

Applicants are encouraged to propose projects that are scalable and identify scaled funding options in case insufficient funding is available to fund an applicant’s project or a bundled project at the full requested amount. For example, if a portion of the total project could be constructed and opened for functional public use, with the remainder of the total project constructed at a later time, please state such in the application, including the cost, brief scope, and scheduling needs for initial/scaled project. If an applicant advises that a project is scalable, the applicant must provide an appropriate minimum funding amount that will fund an eligible project that achieves the objectives of the program and meets all relevant program requirements.

The applicant must provide a clear explanation of how the project budget would be affected by a reduced award. The DOT may award a lesser amount whether or not a scalable option is provided.

C. Eligibility Information

1. Eligible Applicants

To be selected for a grant, an applicant must be an Eligible Applicant and the project must be an Eligible Project that meets the minimum project amount listed above in Section B.1.i.

for the Community Program and Section B.1.ii. for the Corridor Program.

Eligible Applicants

Community Program

23 U.S.C. § 151(f)(8)(C)

Corridor Program

23 U.S.C. § 151(f)(3)

A State22 or political subdivision of a State

A metropolitan planning organization A unit of local government A special purpose district or public authority with a transportation function, including a port authority

An Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. § 5304))23

22 The term “State” means any of the 50 States, the District of Columbia, or Puerto Rico 23 U.S.C. § 101(a)(28).

23 The term ‘‘Indian’’ means a person who is a member of an Indian tribe 25 U.S.C. § 5304(d). The term ‘‘Indian tribe’’ or ‘‘Indian Tribe’’ means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians 25 U.S.C. § 5304(e).

A territory of the United States An authority, agency, or instrumentality of, or an entity owned by, 1 or more entities as listed above

A group of entities as listed above A State or local authority with ownership of publicly accessible transportation facilities

If a group (two or more) of eligible entities above submits a joint application, the group must identify a lead applicant to serve as prime awardee in the event an award is made. The prime awardee will serve as the primary point of contact and be responsible for financial administration of the project. Joint applications should include a description of the roles and responsibilities of each applicant and should be signed or include a letter of support by each applicant.

Applications with a lead applicant that is not one of these statutory eligible applicants will be deemed ineligible and will not be evaluated to determine if the application contains a statutorily eligible project.

2. Cost Sharing or Matching

The Federal share of the cost of a project carried out with CFI Program funds under both programs shall not exceed 80 percent of the total project cost (23 U.S.C. § 151(f)(10)). Cost sharing or matching is required, with the maximum Federal share being 80 percent of the total cost of the project. Awardees must provide at least 20 percent of the total project cost (not 20 percent of the Federal share) as a matching share. Additional information on cost share can be found at 2 CFR 200.306 -- Cost sharing or matching and FHWA’s guidance on Non-Federal

Matching Requirements.24 The DOT will not consider previously incurred costs, previously

24 https://www.fhwa.dot.gov/legsregs/directives/policy/fedaid_guidance_nfmr.pdf https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/section-200.306 https://www.fhwa.dot.gov/legsregs/directives/policy/fedaid_guidance_nfmr.pdf https://www.fhwa.dot.gov/legsregs/directives/policy/fedaid_guidance_nfmr.pdf https://www.fhwa.dot.gov/legsregs/directives/policy/fedaid_guidance_nfmr.pdf expended or encumbered funds, or any CFI Program funds received towards the matching requirement for any project.

Eligible entities that contract with a private entity as required for the Corridor Program or as permitted by the Community Program must include in those contracts a condition that the private entity shall be responsible for the share of the project cost carried out with CFI Program funds that is not paid by the Federal Government. Under the CFI Program, a “private entity” means a corporation, partnership, company, or nonprofit organization. (23 U.S.C. § 151(f)(1)).

3. Eligible Projects and Project Costs

Each of the two funding opportunities has different statutory rules for what kinds of projects are eligible for funding. More information about Eligible Projects and Project Costs for each program is listed below in Section C.4 and C.5. If projects are eligible for funding under both CFI programs, applications will be considered for both funding opportunities. Applicants that do not include one of these statutorily eligible projects will not be evaluated in the selection priorities or considerations.

4. Community Program - Eligibility Information

Community Program grants are expected to reduce greenhouse gas emissions and to expand or fill gaps in access to charging or alternative fueling infrastructure.

Community Program – Eligible Projects

• Community Program grants may be awarded to any project that is expected to reduce greenhouse gas emissions and to expand or fill gaps in access to eligible infrastructure.

o Eligible infrastructure is publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure.25 Propane fueling infrastructure is limited to infrastructure for medium- and heavy-duty vehicles.26 o Projects may be located on any public road or in other publicly accessible locations, such as parking facilities at public buildings, public schools, and public parks, or in publicly accessible parking facilities owned or managed by a private entity.27

Community Program – Eligible Project Costs

• Acquisition and installation of eligible infrastructure (as defined above). An applicant that receives a CFI grant for installation of eligible infrastructure may also use grant funds for:

o Any related construction or reconstruction and the acquisition of real property directly related to the project.28 o Development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities.29 o Contracting with a private entity for the acquisition, construction, installation, maintenance, or operation of eligible infrastructure included in the project.30

• Educational and community engagement activities to develop and implement education programs through partnerships with schools, community organizations, and

25 23 U.S.C. § 151(f)(8) 26 23 U.S.C. § 151(f)(7) 27 23 U.S.C. § 151(f)(8)(E) 28 23 U.S.C. § 151(f)(8)(D)(ii) 29 23 U.S.C. § 151(f)(8)(D)(i) 30 23 U.S.C. § 151(f)(8)(H) vehicle dealerships to support the use of zero-emission vehicles and associated infrastructure (may not exceed more than 5 percent of the grant amount awarded).31

5. Corridor Program – Eligibility Information

Corridor Program grants are expected to support buildout of charging or alternative fueling infrastructure along designated AFCs.

Corridor Program – Eligible Projects

• Corridor Program grants must be awarded to any project that contracts with a private entity for acquisition and installation, or operation, of eligible infrastructure.

o Eligible infrastructure is publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure that is directly related to the charging or fueling of a vehicle.32 Propane fueling infrastructure is limited to infrastructure for medium- and heavy-duty vehicles.33 o Projects must be located along an alternative fuel corridor designated under this section, on the condition that any affected Indian tribes are consulted before the designation.34 o EV charging infrastructure should be conveniently and safely located as close to the AFC as possible, and, in general, no greater than one mile from Interstate exits or highway intersections along designated corridors.

o Hydrogen fueling infrastructure, propane fueling infrastructure, and natural gas fueling infrastructure should be conveniently and safely located as close to the

31 23 U.S.C. § 151(f)(8)(K) 32 23 U.S.C. § 151(f)(6)(A) 33 23 U.S.C. § 151(f)(7) 34 23 U.S.C. § 151(f)(6)(B)

AFC as possible, and, in general, no greater than five miles from Interstate exits or highway intersections along designated corridors.

Corridor Program – Eligible Project Costs

• Contracting with a private entity for acquisition and installation of eligible infrastructure

(as defined above).35

• Providing a private entity with operating assistance for the first 5 years of operations after the installation of eligible infrastructure while the facility transitions to independent system operations.36 o Operating assistance shall be limited to costs allocable to operating and maintaining the eligible infrastructure and service, and may not exceed the amount of a contract to acquire and install eligible infrastructure.37

• An applicant that receives a CFI grant for acquisition and installation, or operations, of eligible infrastructure may also use grant funds for acquisition and installation of traffic control devices located in the right-of-way to provide directional information to eligible infrastructure included in the project.38

D. Application and Submission Information

1. Address to Request Application Package

All application materials may be found on Grants.gov. Once at Grants.gov, select the

Search Grants tab. Then enter one of the following:

• Opportunity Number: 693JJ323NF00004

35 23 U.S.C. § 151(f)(6)(A) 36 23 U.S.C. § 151(f)(6)(C)(i) 37 23 U.S.C. § 151(f)(6)(C)(ii-iii) 38 23 U.S.C. § 151(f)(6)(D)(ii)

• Opportunity Name: Charging and Fueling Infrastructure Discretionary Grant

Program

• Assistance Listing Number: 20.205

When at one of these pages, select the CFI Opportunity, which will open to a page with several tabs. The first tab is a synopsis of the opportunity. The Related Documents tab is the

Full Announcement (the NOFO document), NOFO Amendments, and supporting documents added by DOT such as FAQs. The Package tab allows you to preview the forms needed to submit an application. The red Subscribe button allows applicants to register to receive notice by email when DOT updates or adds to the opportunity page. The red Apply button allows applicants to apply using Grants.gov. Workspace to create and submit the application. See

Grants.gov for training on using Grants.gov Workspace.

For a Telephone Device for the Deaf (TDD), please call (202) 366-3993. If potential applicants are unable to download the application package from the internet, they may send a written request for a paper copy to the below address. Requests should be sent to:

CFIGrants@dot.gov

2. Content and Form of Application

All applications must be submitted electronically through Grants.gov. The application must include: (1) the required Standard Forms listed in item ii. Budget Information below; and

(2) a narrative document that addresses the following items which are detailed below. Please submit the following items i. – iv. through Grants.gov as one file or as separate files, uploaded to the required form entitled “Attachments”.

i. Project Narrative

ii. Budget Information http://www.grants.gov/ http://www.grants.gov/ http://www.grants.gov/ mailto:CFIGrants@dot.gov

iii. Project Merit Criteria

iv. Project Readiness and Environmental Risk

i. Project Narrative

The FHWA recommends that the project narrative be prepared with standard formatting preferences (i.e., a single-spaced document, using a standard 12-point font such as Times New

Roman, with 1-inch margins). If possible, Website links to supporting documentation should be provided rather than copies of these supporting materials. If supporting documents are submitted, applicants should clearly identify within the project narrative the relevant portion of the project narrative that each document supports. The FHWA recommends using appropriately descriptive final names (e.g., Project Narrative, Maps, Geospatial Data, Project Budget) for all attachments.

Also, in the project narrative, applicants should describe how the project addresses the following areas as well as the additional project narrative information that is specified below.

The DOT specifies that the project narrative follow the outline below. Following the outline will also assist evaluators in locating the relevant information.

Community Program

I. Description of project location, including a detailed geographical description of the proposed project, a map of the project’s location and connections to existing transportation infrastructure, geospatial data describing the project location, and how traffic safety considerations will be addressed for vehicles entering and leaving the site. Applicants must address how their project appropriately mitigates any safety risks introduced by the project.

Prior to receiving funds, all projects are expected to, at a minimum, identify and mitigate to the extent practicable any significant safety risks that could result after the project completion.

Applicants should include how their project will not negatively impact the overall safety of the traveling public. Applicants should also consider the NRSS39 when addressing how the projects will support the goal of achieving zero roadway death though a Safe Systems Approach. This description should also detail how the access is in compliance with the Americans with

Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

II. Description of how the project expands community-based infrastructure or fills gaps in access by equitably expanding the deployment of publicly available EV charging infrastructure, or hydrogen, propane or natural gas fueling infrastructure in community locations, located on any public road or in any other publicly accessible locations, such as parking facilities at public building, public schools, and public parks, or in publicly accessible parking facilities owned or managed by a private entity.

III. Description of how funds will be spent on various portions of the project(s). This should be categorized into uses such as project planning and development (such as costs for meaningful public involvement40), right-of-way (ROW)/acquisition costs, installation costs, operation costs, maintenance costs, educational activity costs, etc. The estimated amount of funds or percentages of funds to be spend in each category should be indicated as well as which entity is responsible for each cost. This section should also include any operating subsidies that will be sought or have been obtained for EV charging infrastructure, or hydrogen, propane or natural gas fueling infrastructure.

IV. Additional Project Narrative Information. The FHWA is interested in community charging and fueling deployment projects in several focus areas. As applicable, applicants are

39 https://www.transportation.gov/NRSS 40 This document can promote a shared understanding of meaningful public involvement and can be used as a resource: https://www.transportation.gov/priorities/equity/promising-practices-meaningful-public-involvement-transportation-decision-making https://www.transportation.gov/NRSS https://www.transportation.gov/priorities/equity/promising-practices-meaningful-public-involvement-transportation-decision-making https://www.transportation.gov/priorities/equity/promising-practices-meaningful-public-involvement-transportation-decision-making encouraged to indicate which focus area(s) their proposed project address(es) and how the project benefits the community and improves access to EV and alternative fueling infrastructure.

In addition, in association with the focus areas specified, applicants are encouraged to note whether the project would expand alternative fueling/charging access to rural areas, low- and moderate- income neighborhoods, and/or underserved or hard to reach communities where the private sector may not invest absent federal funding.

More than one category can be identified.

• Multi-Modal Hubs and Shared-Use Fleets and Services: Seek to connect or promote rental vehicle, taxi, carshare, ride-share, ride-hail, bicycle, micromobility, microtransit, and other electrified or alternative fuel multi-passenger or active mobility options that provide alternatives to individual vehicle ownership. Projects may also seek to connect national freight corridors with local delivery providers and fleets, such as urban depot charging for light-and medium-duty vehicles.

• Urban/Suburban Area Charging and Fueling Solutions: Provide convenient, affordable access to charging and alternative fuel infrastructure in applications such as multi-unit dwellings and homes without driveways or garages.

Projects should seek to advance lower cost and highest return charging solutions with light construction when possible (e.g., pole-based charging).

Intersectional charging/mobility hubs that serve both inner-ring suburban and urban needs are also of interest. The EV charging projects should carefully articulate power levels required and demonstrate consideration of gaps to fill among existing charging and fueling infrastructure in order to provide an appropriate power delivery mix (e.g., avoid providing only high-power charging stations as the sole solution). Projects should address innovative ways to address challenges such as curb side access, reservation/convenient availability, reliability, and management of limited spaces. The DOT encourages collaboration between applicants and owners of the ROW during the application, installation, and maintenance of charging and fueling infrastructure.

• Rural Area Charging and Fueling Solutions: Support multi-purpose use including single occupancy vehicles, medium-duty vehicles and fleets, shared vehicles, and taxi or other service vehicles in…