There is a lot of buzz around clean technologies, distributed energy resources (DER), microgrids and other technological innovations in the renewable energy and clean transport industries, and how these developments can contribute to address long-standing environmental justice issues. As these innovations develop, energy markets will undergo substantial changes that consumers and industry players will need to adapt to and take advantage of. Every two weeks, The Energizer from K&L Gates will highlight emerging issues or stories related to the use of DERs, energy storage, emerging technologies, hydrogen and other innovations that make advance the energy industry.


On June 9, 2022, the U.S. Department of Transportation’s Federal Highway Administration (FHWA) issued a Notice of Proposed Rulemaking (NOPR) detailing minimum standards and requirements for projects funded under the National Infrastructure Formula Program for Infrastructure Investment and Jobs Act (IIJA) electric vehicles (NEVI Program). The IIJA was signed into law on November 15, 2021 and allocated US$5 billion to the NEVI program. These funds will be used to accelerate the deployment of public electric vehicle charging infrastructure by filling national grid gaps along designated alternative fuel corridors. On February 10, 2022, the FHWA released procedural guidelines and timelines for states to submit plans outlining how they would use their respective share of the $5 billion in funding available. Each state’s plans for the first year of funding are due August 1, 2022, and the FHWA will decide whether to approve each plan by September 30, 2022.

The recent NOPR provides a preliminary set of standards that would apply to projects funded under the NEVI program. It would include: (1) installation, operation and maintenance; (2) interoperability; (3) traffic control device or on-site signage; (4) data collection; (5) network connectivity; and (6) information about locations, prices, real-time availability, and accessibility through mapping applications.

Interested stakeholders may submit public comments on the NOPR by the August 22, 2022 deadline. Once the FHWA has reviewed and considered the comments, it will then determine whether to issue a final rule, including whether to adopt revisions to the proposed standards and requirements.


On July 6, 2022, the U.S. Department of Energy (DOE) launched its Outage Prevention and Improved Power Grid Resilience grant program as part of the Building a Better Grid initiative launched on July 12, 2022. January 2022. The Build a Better Grid initiative was created to address the impacts of climate change on transportation networks and to increase access to affordable and reliable clean energy.

The Power Grid Outage Prevention and Resilience Improvement Grant Program will provide US$459 million per year to grant recipients for a five-year period, for a total of US$2.3 billion. The funding is to be used to strengthen and renovate existing grid infrastructure to better equip it for the disruptive effects of climate change, including wildfires, severe weather and other natural disasters including size, range and frequency are increasing due to climate change.

The DOE is accepting applications from states, tribal nations, and territories between July 6, 2022 and September 30, 2022. The funding program will award commensurate awards to the White House’s Justice40 initiative to provide 40% of the benefits of investments to marginalized communities most affected by climate. change, pollution and underinvestment.


On July 1, 2022, the Colorado Energy Office announced that the ambitious timeline the Colorado Legislature set in 2019 to reduce greenhouse gas (GHG) emissions to 80% of 2005 levels by 2030 and to 90% of 2005 levels by 2050 several years ahead of schedule. As part of the legislature’s mandate that Colorado’s two largest utilities submit utility plans to achieve these goals, Xcel Energy (Colorado’s largest utility) submitted a plan to reduce emissions of 85% GHG by 2030 and close the last coal-fired unit. in the state, Comanche 3, by the end of 2031. That would be three years ahead of schedule in a 2021 settlement. Xcel’s plans also promise the company will continue to make property tax payments until in 2040 to support the community surrounding the disused coal facility. Xcel is also committed to supporting a clean energy transition in the Pueblo, Colorado region.

The Colorado Public Utilities Commission (CPUC) has already approved a utility proposal from the Tri-State Generation and Transmission Association that meets the legislature’s GHG reduction goals. CPUC commissioners voted in June 2022 to support the early shutdown of Comanche 3 and are expected to formally approve Xcel’s plan later in July.

David Wang co-authored this article.

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