Americans With Disabilities Act and Architectural Barriers Act Accessibility Guidelines; EV Charging Stations

SUPPLEMENTARY INFORMATION:

I. Introduction

The U.S. Access Board is proposing to revise and update its accessibility guidelines at 36 CFR 1191 for buildings and facilities covered by the Americans with Disabilities Act of 1990 (ADA) and the Architectural Barriers Act of 1968 (ABA) to address the accessibility of EV charging stations covered by the ADA, as well as EV charging stations owned or managed by or on behalf of the federal government. These guidelines cover new construction and alterations and serve as the basis for enforceable standards once adopted by other Federal agencies. The ADA applies to places of public accommodation, commercial facilities and State and local government facilities. The ABA covers facilities designed, built, altered with Federal funds or leased by Federal agencies. The purpose of this proposed rule is to set minimum guidelines to ensure that EV charging stations are readily accessible to and usable by persons with disabilities, including both physical access to the EV charging station and access to the interface to operate and pay for the charging session. As electric vehicles become more numerous, and with the current effort to increase the number of EV charging stations across the United States, it is imperative that these EV charging stations are accessible to and usable by people with disabilities.

Key accessible features addressed in this proposed rule for EV charging stations include: scoping (including minimum number of accessible EV charging spaces at each EV charging station); accessible routes; mobility features of the EV charger; operable parts; accessibility of the EV charging space; signage; and communication elements and features.

These guidelines, once adopted by the enforcement authorities, will require all new construction of EV charging stations to be fully compliant with the technical specifications for accessibility. Existing EV charging stations will need to be made compliant as they are altered in the future, to the maximum extent feasible if existing physical constraints prevent full compliance.

II. Legal Authority

The Americans with Disabilities Act (ADA) of 1990 charges the Access Board with developing and maintaining minimum guidelines to ensure the accessibility and usability of the built environment in new construction, alterations, and additions. See42 U.S.C. 12101 et seq.; see also29 U.S.C. 792(b)(3)(B) & (b)(10). The Access Board's ADA Accessibility Guidelines (ADAAG) address buildings and facilities covered under Title II of the ADA (state and local government facilities) and Title III of the ADA (places of public accommodation and commercial facilities). The ADAAG serve as the basis for legally enforceable accessibility standards issued by the Department of Justice (DOJ) and the Department of Transportation (DOT), the federal entities responsible for implementing and enforcing the ADA's non-discrimination provisions related to buildings and facilities in new construction, alterations, and additions.

The Access Board has a similar responsibility under the Architectural Barriers Act (ABA) of 1968, which requires that buildings and facilities designed, built, or altered with certain federal funds or leased by federal agencies be accessible to people with disabilities. See42 U.S.C. 4151 et seq. The ABA charges the Access Board with developing and maintaining minimum guidelines for covered buildings and facilities. The Board's ABA Accessibility Guidelines (ABAAG) serve as the basis for enforceable standards issued by four standard-setting agencies: the Department of Defense, the General Services Administration, the Department of Housing and Urban Development, and the U.S. Postal Service.

Under both the ADA and the ABA, the Access Board maintains these accessibility guidelines, which includes updating the current requirements and addressing new technology as it is developed.

III. Need for Accessibility Guidelines for EV Charging Stations

Electric Vehicle (EV) charging stations are becoming commonplace with the rising production and use of electric and plug-in hybrid vehicles. According to the U.S. Department of Energy, there are nearly 50,000 public EV charging stations with almost 127,000 charging ports across the country. Additionally, on November 15, 2021, President Biden signed the Infrastructure Investment and Jobs Act (P. L. 117-58) (commonly referred to as the “Bipartisan Infrastructure Law”), which contains significant new funding for EV charging stations. Key new U.S. Department of Transportation (USDOT) programs established by this legislation include the National Electric Vehicle (NEVI) Formula Program ($5 billion) and the Discretionary Grant Program for Charging and Fueling Infrastructure ($2.5 billion). The law also makes the installation of EV charging infrastructure an eligible expense under the USDOT Surface Transportation Block Grant formula program.

The Bipartisan Infrastructure Law supports national goals of building a network of greater than 500,000 electric vehicle chargers in the U.S. and ensuring that EVs make up at least 50% of new car sales by 2030. See Fact Sheet: Biden-Harris Administration Announces New Standards and Major Progress for a Made-in-America National Network of Electric Vehicle Chargers, available at https://www.whitehouse.gov/briefing-room/statements-releases/2023/02/15/fact-sheet-biden-harris-administration-announces-new-standards-and-major-progress-for-a-made-in-america-national-network-of-electric-vehicle-chargers/ (last accessed, January 4, 2024). Additionally, California's Air Resources Board has approved the Advanced Clean Cars II rule, which requires that 100% of new cars and light trucks sold in California be zero-emission vehicles by 2035. Cal. Code Regs tit. 13 § 1900, et. seq. (2023).

With the new funding for the installation of EV charging stations, USDOT approached the Access Board to provide guidance on how to design and install accessible EV charging stations in accordance with the ADA and ABA. On July 21, 2022, the Access Board issued a technical assistance document, Design Recommendations for Accessible Electric Vehicle Charging Stations, to assist with the design and construction of accessible EV charging stations. This document laid out the existing ADA, ABA, and Section 508 Standards that applied to EV charging stations and also provided recommendations for areas not covered by the current Standards. In this rulemaking, the Board intends to specifically address EV charging stations throughout the ADA and ABA Guidelines for buildings and sites to provide clear specifications that will ensure that EV charging stations are accessible to and usable by individuals with disabilities.

The NEVI Standards and Requirements, which sets minimum standards and requirements for projects funded under the NEVI Formula Program and projects for the construction of publicly accessible EV chargers under certain statutory authority, specify that the ADA of 1990 and the implementing regulations apply to EV charging stations by prohibiting discrimination on the basis of disability by public and private entities. 23 CFR 680.118(c). The NEVI Standards and Requirements further specify that EV charging projects under NEVI and projects funded under Title 23 of the Code of Federal Regulations must comply with the applicable accessibility standards adopted by DOT into its ADA regulations (49 CFR part 37) in 2006, and by DOJ into its ADA regulations (28 CFR parts 35 and 36) in 2010. 23 CFR 680.118(c). Additionally, in the preamble to the NEVI final rule, FHWA recommended that EV charging stations be designed and constructed according to the Access Board's technical assistance document, Design Recommendations for Accessible Electric Vehicle Charging Stations, until the Board revises the ADAAG to specifically address EV charging stations. 88 FR 12724,12750 (March 30, 2023).

IV. Organization of Rule Text/Approach

The Access Board's ADA and ABA Accessibility Guidelines are promulgated in the Appendices of 36 CFR 1191. The regulation is broken down into scoping for the ADA (Appendix B), scoping for the ABA (Appendix C) and the technical provisions (Appendix D) which apply to both the ADA and the ABA. In this NPRM, the Board is proposing to add new provisions to address EV charging stations in both scoping sections for the ADA and the ABA, as well as in the technical provisions. The proposed provisions for the ADA and the ABA scoping sections are identical and will be discussed together below. Additionally, the Board will be proposing commensurate updates to Appendix A, which is the table of contents.

The proposed specifications will address the accessibility of EV charging stations, including: scoping (accessible routes, signs, and EV charging stations); EV chargers; EV charging spaces associated with the accessible EV charger; and communication elements and features.

The Board has looked to its existing accessible parking requirements as a starting point in determining scoping for and the design of accessible EV charging spaces; however, the specifications for EV charging spaces warrant different treatment as there are significant differences between parking spaces and EV charging spaces, particularly concerning the space required for individuals who use mobility devices to operate EV chargers independently. These differences are discussed more fully in the section-by-section analysis that follows, and in the discussion of 507.2 specifically.

V. Section-by-Section Analysis

In Chapter 1 and Chapter 2, the Board is proposing mirror provisions for the ADA and the ABA to provide scoping for the applicable technical provisions in Appendix D (Chapters 3 to 7).

A. Chapter 1: Application and Administration

105/F105 Referenced Standards

TIA 1083-B, Telephone Terminal Equipment Handset Magnetic Measurement Procedures and Performance requirements would be incorporated by reference at 709.7.3. This standard defines measurement procedures and performance requirements for the handset generated audio band magnetic noise of wire line telephones, including handsets which might be integrated into an EV Charger. This standard is consistent with current telecommunications industry practice.

106/F106 Definitions

This rule proposes to add seven new defined terms to 106 and F106 to address the application of the guidelines to EV chargers. These definitions are consistent with current industry standards and are consistent with the definitions used by the Department of Transportation in its recent National Electric Vehicle Infrastructure Standards and Requirements Final Rule, 88 FR12724 (Feb. 28, 2023) (codified at 23 CFR part 680). The proposed definitions include charging port, connector, electric vehicle, EV charger, EV supply equipment, EV charging station, and EV charging space.

B. Chapter 2: Scoping Requirements

206/F206 Accessible Routes

This rule proposes to add “accessible EV charging spaces” in both 206.2.1 and F206.2.1 to the list of areas from which an accessible route must be provided within a site to the accessible building or facility entrance they serve. This provision currently requires such an accessible route from the accessible parking spaces, accessible passenger loading zones, public streets and sidewalks, and public transportation stops. For EV charging stations built as standalone stations, more akin to a gas station, which also provides a facility to buy snacks, use the restroom or a lounge to relax in, there must be an accessible route from the accessible EV charging space to the facility.

The Board understands that many EV charging stations are being placed in existing parking lots. For example, an EV charging station that is put into the parking lot of a store would need to ensure that an accessible route is provided from the accessible EV charging space to the accessible entrance of the store. The Board notes that when EV charging stations are being placed in existing parking lots of malls, grocery stores, and department stores, they are often placed away from the entrance of the building, in the back or side of the parking lot due to necessary access to utilities and other constraints. Regardless of placement, an accessible route must be provided to ensure that the person with a disability whose vehicle is charging can access the building or facility, just like an individual without a disability. Even EV fast charging can take up to one hour for a total charge, increasing the likelihood that individuals will go into nearby facilities to shop, use the restroom or buy snacks. Individuals with disabilities must be able to get to the accessible entrance of these facilities, just as individuals without disabilities can get to an entrance.

While the Board is not proposing any changes to Section 206.2.2/F206.2.2 Accessible Route Within a Site, this provision will apply to EV charging stations and will require that at least one accessible route connect the accessible EV charging space with accessible buildings, facilities, elements and spaces that are on the same site.

216/F216 Signs

The Board is proposing to add a new provision to address signage for accessible EV charging spaces in both 216.14 and F216.14. This provision would require accessible EV charging spaces to be identified with a sign complying with 507.6. The Board proposes two exceptions to the sign requirement. The first allows for no signage indicating the accessible EV charging space, where a total of four or fewer EV charging spaces are provided on a site. This exception is the same as the exception in 216.5 accessible parking spaces and is intended to mitigate the impact of a reserved space on a small EV charging station. This proposal would still require an accessible EV charging space to be provided, but not require the space to be identified as reserved only for people with a disability in situations where only four or fewer EV charging spaces are provided on a site.

Question 1. The Board seeks input on the proposed number of EV charging spaces (four or fewer) which would exempt a site from reserving the accessible space for a person with a disability. Is there a reason to increase or decrease the proposed number of spaces?

The second exception, also the same as the second exception in 216.5 applicable to accessible parking spaces, applies only in residential facilities and permits identification of accessible EV charging spaces to be omitted if the space is assigned to a specific residential dwelling unit. If the space is already reserved for a specific unit, no reserved signage is necessary.

249/F249 EV Charging Stations

Section 249/F249 proposes the minimum number of EV chargers and EV charging spaces required to be accessible. This section addresses the accessibility of both EV chargers and the associated EV charging spaces. In 249.1/F249.1 General, the Board is proposing an exception from compliance for EV charging stations used exclusively for buses, trucks, other delivery vehicles, and law enforcement vehicles. This exception is akin to the exception in section 208 for accessible parking spaces and is provided to alleviate the requirement for accessible spaces at EV charging stations that only service these types of vehicles.

In section 249.2/F249.2 EV Chargers, the Board proposes to require all EV chargers to comply with proposed Section 506, which contains requirements regarding accessible communication features for all EV chargers, and requirements for accessible mobility features for those EV chargers associated with accessible EV charging spaces as required by 249.3/F249.3.

249.3/F249.3 EV Charging Spaces

The Board proposes to require a specified minimum number of accessible EV charging spaces on a sliding scale dependent on the number of EV charging spaces provided at each EV charging station as noted in Table 249.3.1/F249.3.1. The Board is also proposing that where there is more than one EV charging station on a site, each station shall be treated separately and the number of accessible EV charging spaces would be calculated based on the number of spaces at each EV charging station. For example, if a site had two EV charging stations, one with 10 EV charging spaces and the second with eight EV charging spaces, then each charging station would be required to have at least one accessible EV charging space, whereas if the site had only one EV charging station with 18 EV charging spaces, then only one accessible space would be required.

The Board also proposes to scope the EV charging spaces within an EV charging station separately if the EV charging station contains EV chargers of different levels. For example, if an EV charging station on a site contains a total of eight EV chargers, comprised of four Direct Current Fast Charging (DCFC) chargers and four Alternating Current (AC) Level 2 chargers, the number of required accessible spaces would be calculated separately for each type of charger. In this example, an accessible space would be required for the DCFC chargers, and an accessible space would be required for the AC Level 2 chargers. To ensure equitable Access to the available EV chargers, it is imperative that a person with a disability be provided with the same options as a person without a disability; that is, someone with mobility accessibility needs must have a choice of chargers at different charging levels if various types of chargers are provided. The level of charger may affect cost and the amount of time to charge the vehicle.

This provision also makes clear that accessible EV charging spaces will not count toward the minimum number of accessible car and van parking spaces required in a parking facility by 208.2. Parking spaces and EV charging spaces are scoped separately.

The proposed Table 249.3.1/F249.3.1 provides for a sliding scale of required accessible EV charging spaces similar to the requirements for accessible parking in 208.2/F208.2. However, the Board is also considering a different “use last” model to address the accessibility of EV charging spaces. A “use last” model would require more accessible EV charging spaces but would allow anyone to use them if all other spaces are occupied. This alternative proposal is discussed in Section VI, below.

The Board is also proposing separate scoping provisions for residential facilities. Where EV charging spaces are provided for each residential dwelling unit, section 249.3.1.2 and F249.3.1.2 would require that at least one accessible EV charging space be provided for each dwelling unit required to have mobility features complying with 809.4 through 809.9. Where EV charging spaces are not provided for each dwelling unit, EV charging spaces provided for residents, guests, employees or other nonresidents must be provided in accordance with Table 249.3.1.

249.3.2/F249.3.2 Location

The Board is proposing that accessible EV charging spaces that serve a particular building or facility shall be located on the shortest accessible route from the EV charging station to the accessible entrance, relative to other EV charging spaces at the same EV charging station. For example, if a shopping center has an EV charging station located at the back of its associated parking facility, then the accessible EV charging space should be located on the shortest accessible route to the accessible entrance of the shopping center in comparison to the other EV charging spaces. This proposed requirement does not require that the accessible EV charging space be located at the front of the parking facility next to the accessible parking.

As previously noted, the Board is aware that utility configurations and other site-specific factors related to the installation of EV chargers may at times dictate the location of the EV charging station within an established parking lot. This provision simply requires that the accessible EV charging space be the closest spot relative to other EV charging spaces. This provision also addresses the location of accessible EV charging spaces at a site where the primary function is EV charging. For example, an EV charging station located near amenities such as bathrooms, stores, or pedestrian routes to the public way, but not part of a particular facility, must also include accessible routes that connect the accessible EV charging space to each of these amenities.

The Board proposes an exception to the location requirement for EV Charging Spaces that would allow locating accessible EV charging spaces at different EV charging stations on a site, if substantially equivalent or greater accessibility is provided in terms of distance from an accessible entrance or entrances, fees, and user convenience. For example, if a site had two EV charging stations and each station was required to have one accessible EV charging space, it would be permissible to place both accessible EV charging spaces at the EV charging station that is closest to the accessible entrance as long as the fees to use the charger are the same or less, and the convenience to the user is the same or better.

C. Chapter 5: General Site and Building Elements

506 EV Charger

In 506 the Board proposes a new provision containing technical requirements for all EV chargers. In 506.1 the Board is proposing to require that all EV chargers, whether or not they are associated with an accessible EV charging space, provide accessible communication features in accordance with the proposed 709, EV Charger Communication Elements and Features, with the exception that 709.3.1 (visibility) will only apply to EV chargers associated with an accessible EV charging space. This universal requirement for communication access will ensure that a person with a disability who needs only communication access and is ineligible to use an accessible space and accompanying EV charger, such as someone who is deaf or hard of hearing, can use any available EV charger. Additionally, if accessible communication features were restricted to the EV chargers associated with mobility accessible EV charging spaces, the number of accessible EV charging spaces needed, would greatly increase, as the proposed number of accessible spaces only accounts for mobility needs. Therefore, the Board is proposing that all EV charger user interfaces provide accessible communication features in accordance with 709.

Question 2: The Board seeks public input on the approach of requiring 100 percent of EV chargers to have an accessible user interface.

Question 3: The Board seeks information on the costs of providing accessible user interfaces at EV charging stations, specifically the cost per EV charger, and how the cost per unit would be affected by the requirement that all EV chargers have accessible interfaces at an EV charger.

506.2 Mobility Features

In 506.2, the Board is proposing that EV chargers serving accessible EV charging spaces provide accessible mobility features for the EV charger. These provisions will ensure that persons with certain physical disabilities such as those that require the use of a mobility device ( e.g., wheelchairs, powered scooters, or canes/crutches/walkers) are able to access and use the EV charger. For example, these provisions would allow a person using a wheelchair to approach the EV charger, reach the connector, remove it from the housing on the EV charger and then take it to the electric vehicle and plug it in. Additionally, if the EV charger has a user interface in order to initiate charging and/or to complete a transaction to pay for charging, theses provisions would allow a person using a mobility device to approach those operable parts, reach them, and access the screen in order to interact with it.

The Board is proposing to apply the existing technical specifications for clear floor or ground space, reach range, and operable parts to EV chargers. This includes 506.2.1, which proposes requiring a clear floor or ground space in front of the EV charger to allow a parallel approach to the EV charger, centered on the operable part. The clear floor or ground space shall be 30 inches minimum by 48 inches maximum, in accordance with Section 305. The Board is also proposing an exception when there are multiple operable parts, then the clear floor or ground space shall be centered on the EV charger.

In 506.2.2 Reach Range and Operation, the Board is proposing that the EV charger controls be provided in accordance with 308.3.1 unobstructed side reach. The unobstructed side reach provision requires that the operable part be located within a reach range to ensure that it is usable by a person using a mobility device. This provision requires that the high side reach be a maximum of 48 inches and the low side reach be a minimum of 15 inches above the ground. The Board is also proposing that the operable parts of an EV Charger comply with 309.4, which requires that controls are operable with one hand, without tight grasping, pinching, or twisting of the wrist and require no more than 5 pounds operating force.

An operable part is defined in Section 106.5 as “[a] component of an element used to insert or withdraw objects, or to activate, deactivate, or adjust the element.” This would include, among other things, the EV charging connector, any components that activate or deactivate the EV charger, and any screen provided with the charger. While 309.4 excepts gas pump nozzles, the Board is not currently proposing to provide the same exception for EV charging connectors. In the final rule for ADAAG, the Board explained that the exception was provided for gas pump nozzles because manufacturers indicated that safety requirements for their operation effectively precluded a maximum operating force of 5 pounds.” See 69 FR 44083, 44116 (July 23, 2004).

Additionally, the Board notes that gas nozzles are currently inaccessible to many individuals with disabilities, who rely on gas station attendants to provide refueling assistance. See ADA Business Brief: Assistance at Gas Stations, U.S. Department of Justice, available at https://archive.ada.gov/gasbrief.htm. Because EV charging stations typically do not have attendants to provide assistance, it is imperative that EV charging stations be sufficiently accessible to allow independent use by users with disabilities, including people who have limited or no hand dexterity, limb differences, or upper extremity amputations and use adaptive driving controls.

Question 4: Are there any safety concerns with requiring connectors to be operable in accordance with 309.4?

Question 5: Are there connectors currently on the market that comply with 309.4?

Question 6: Is it possible to activate a connector with less than 5 pounds of force?

Question 7: Are adapters for alternate connectors provided by the EV Charging station or do individuals bring adapters with them if the EV Charger connector is not compatible with their vehicle?

In 506.2.3, the Board is proposing to require that EV charging cables that exceed a weight of 5 pounds provide a cable management system. The Board is concerned with the overall weight of the EV charging cables and the ability of persons who use mobility devices to move the cable into place to connect it to their vehicles. The Board is proposing to require a cable management system, similar to what gas stations use, to assist someone with a disability in moving the cable to the appropriate place. The purpose of the requirement is to reduce the weight as much as possible to make it accessible to more users, regardless of whether the cable management system reduces the weight of the cable below five pounds. The cable management system also helps keep long cable slack off the accessible routes when stored or when connected to vehicles.

Question 8: Do any EV chargers currently on the market use a cable management system?

Question 9: Is there any other new technology the Board should consider besides a cable management system to ensure that the cable can be moved into place by a person with a disability?

Question 10: Should the Board consider requiring a different threshold for the cable management system instead of 5 pounds?

507 EV Charging Spaces

In 507 the Access Board proposes multiple provisions to address the size, access aisle, ground surface, vertical clearance, identification, and relationship to accessible routes for EV Charging Spaces. These provisions only apply to EV charging spaces that are required to provide accessibility pursuant to the scoping provisions in 249.3/F249.3. The purpose of these provisions is to provide mobility access to individuals with disabilities. While these provisions are similar to accessible parking, there are some key differences in that the space is not only used to park the vehicle, but also must ensure that the person can maneuver around the vehicle to the EV charger and plug in the vehicle to begin charging.

507.1 General

This provision clarifies that measurements shall be taken from the centerline of the markings. When the EV charging spaces or access aisle are not adjacent to another EV charging space, access aisle, or parking space, then the measurement may include the full width of the line defining the access aisle or EV charging space. These are the same requirements currently in place for accessible parking spaces and access aisles.

507.2 Size of EV Charging Space

EV charging spaces with mobility features must provide a vehicle space with a minimum width of 132 inches and minimum length of 240 inches and have an access aisle complying with 507.3. The Board is not proposing separate van and car spaces for EV chargers, as exists for accessible parking. See36 CFR 1191, Appx. D, § 502. EV charging spaces require a larger space than an accessible parking space for a car because of the need to maneuver around the vehicle to get to the vehicle charging inlet location and to the EV charger. The Board believes the proposed size for the accessible EV charging space will be sufficient for cars and vans. For an accessible parking space, drivers can choose to back in or pull in forward in a manner that provides enough space to either deploy a ramp from their vehicle or to exit the vehicle and access and use a mobility device. With an EV, because vehicle charging inlets are not uniform (they can be on any side of the vehicle, including, the front or rear), the driver will have to pull in or back in, based on where the inlet is located and where the EV charger is located. Based on these considerations, the Board is proposing an accessible EV charging space that is larger than an accessible parking space. The proposed dimensions will provide sufficient space for a person using a mobility device to exit and maneuver around the vehicle, retrieve the EV connector, and plug the connector into the EV charging inlet. The specified minimum length of 240 inches is to provide for the additional maneuverability required to enable a person who uses a mobility device to use the EV charger independently.

The Board is proposing two exceptions to the size of the EV charging space. Both exceptions apply to pull-through EV charging stations to provide ease of use and an adjacent vehicular way. This would apply to a station set up like a gas station at which there are multiple EV charging stations where the EVs line up and wait their turn to charge and pull through after charging. These exceptions allow for spaces without an access aisle as long as they are 192 inches wide and provide for an adjacent vehicular way so vehicles can maneuver into and out of their charging spaces.

Additionally, the Board is considering adding an exception to the proposed dimensions of the EV charging space where inductive charging is used. Inductive charging occurs when the EV drives over and automatically connects to an in ground charger which prevents the driver from having to manually connect the EV charging cable to an inlet. Because this technology would negate the need for the driver to maneuver around the EV to the EV charger and then back to the EV to plug in the charging cable, the Board is considering providing an exception for compliance with the specified length of the EV charging space. The specified width would still be required to ensure that a user with a disability would be able to exit the vehicle and use the EV charger if needed to start or pay for the charge. The accessible route to any onsite amenities or public right-of-ways would also be required. The Board is seeking public comment on whether a required length of accessible EV charging spaces should be specified when inductive charging is available.

507.3 Access Aisle

The Access Board is proposing that two accessible EV charging spaces, or one accessible parking space and one accessible EV charging space, be permitted to share a common access aisle. The Board is proposing that access aisles serving accessible EV charging spaces be a minimum of 60 inches wide, extend the full length of the EV charging space they serve, and be marked so as to discourage parking in them. Access aisles may be placed on either side of the EV charging space, but cannot overlap the vehicular way. These provisions are taken directly from the requirements for access aisles at accessible parking spaces.

507.4 Floor or Ground Surfaces

The Board is proposing that EV charging spaces and access aisles comply with 302, which requires floor and ground surfaces to be stable, firm, and slip resistant. The Board is also proposing that accessible EV charging spaces and the adjoining access aisles be at the same level and that changes in level are not permitted. This is to ensure someone can transfer to a mobility device or deploy and traverse a ramp from the vehicle, and then traverse the EV charging space and access aisle safely.

This section contains two proposed exceptions. The first is that a slope not steeper than 1:48 be permitted. This exception is also provided for in 502.4 for parking spaces and allows for sufficient slope for drainage. The second exception is new and would permit a change in level created by in-ground connectors, so long as they are not located in the access aisle. The exceptions would permit an in-ground connector, such as a wireless connector, over which a vehicle is positioned in order to charge, to be installed within the EV charging space.

507.5 Vertical Clearance

The Board is proposing a vertical clearance requirement of 98 inches minimum for EV charging spaces, access aisles, and vehicular routes that service them. This is the same as the current requirements for vertical clearance of accessible parking in 502.5.

507.6 Identification

The Board is proposing that accessible EV charging spaces be identified with the International Symbol of Accessibility (ISA), complying with 703.7.2.1, and that the sign be 60 inches minimum above the ground surface measured to the bottom of the sign. If four or fewer EV charging spaces are located on a site, signage is not required, as proposed in 216.14 and discussed above. Identifying accessible EV charging spaces with the International Symbol of Accessibility is the “reserved model” in that those spaces are only available to individuals with a disability, and in practice means the individual would need to have a state issued disability placard. The Access Board is also proposing a “use last model” as an alternative to the “reserved model”, which is discussed below in Section VI.

507.7 Relationship to Accessible Routes

Finally, the Board is proposing that EV charging spaces and access aisles be designed so that while vehicles charging they do not obstruct the required clear width of adjacent accessible routes. For example, wheel stops are an effective way to prevent vehicle overhangs from reducing the clear width of an accessible route. This is the same as the current requirements for accessible parking spaces in 502.7.

D. Chapter 7: Communication Elements and Features

709 EV Charger Communication Elements and Features

Many EV chargers have an electronic user interface and are similar to smart parking meters or fare vending machines. EV chargers that provide an electronic user interface must be accessible to and usable by people with disabilities. Accessible communication features enable people who are deaf or hard of hearing, people with vision impairments (but who drive), and other people with disabilities to use an EV charger. As noted above, the Access Board is proposing that all EV chargers provide accessible communication features and comply with 709, except that 709.3.1 will apply only to EV chargers with mobility features complying with 506. As explained below, 709.3.1 ensures that display screens are located at a height to be visible to a person sitting in a mobility device. Many of the requirements for communication proposed in this NPRM are similar to the provisions in the Access Board's Revised Section 508 Standards. See36 CFR 1194.1, A pp. A & C. The Access Board emphasizes that this proposed rule does not excuse full compliance with Section 508 of the Rehabilitation Act with respect to the communication features of any EV charging stations procured, maintained, or used by the federal government. The Revised 508 Standards are more stringent than the proposed communication features in 709, and compliance with the Revised 508 Standards would ensure compliance with section 709 of this proposed rule.

709.2 Volume

In 709.2 the Board proposes that all EV chargers that deliver sound provide volume control and output amplification. For private listening, the EV charger shall provide a mode of operation to control the volume. For non-private listening, the EV charger shall include incremental volume control with output amplification up to a level of at least 65 dB and a function shall be provided to automatically reset the volume to the default level after every use. The Board is proposing an exception so that EV chargers complying with 709.7.2 Volume Gain for EV Chargers with Two-Way Communication, need not comply with 709.2

709.3 Display Screen

The Board is proposing that display screens on EV chargers associated with accessible EV charging spaces be visible from a point located 40 inches above the center of the clear ground space in front of the EV Charger to ensure the display screen is visible from a seated position in a mobility device.

Additionally, the Board is proposing that all EV charger display screens provide at least one mode of characters displayed on the screen in a sans serif font, and that if the EV charger does not provide a screen enlargement feature, characters must be 3/16 inch high minimum based on the uppercase letter “I”. Additionally, characters must contrast with their background with either light characters on a dark background or dark characters on a light background.

709.4 Status Indicators

Where provided, status indicators shall be visually discernable and discernable by touch or sound. For example, if the EV charger makes a sound to indicate charging is completed, then it shall also provide a visual notification.

709.5 Color Coding

Where provided, color coding cannot be used as the only means of conveying information, indicating an action, prompting a response, or distinguishing a visual element. For example, a light that is illuminated red while the vehicle is charging and then turns green when the charge is complete cannot be the only means of informing the user that the charge is complete.

709.6 Audible Signals

Where provided, audible signals or cues shall not be the only means of conveying information, indicating an action, or prompting a response. Information conveyed with an audible signal must also be conveyed visually or with a tactile indication if appropriate.

709.7 EV Charger With Two-Way Communication

EV chargers that provide a method of two-way communication, such as the ability to call a help desk or video chat with a representative, shall provide an accessible means of communication for individuals who are deaf or hard of hearing. The EV charger must provide a method to increase volume of received audio. If the EV charger delivers output by a handset or other type of audio transducer that is typically held up to the ear, then the EV charge must reduce interference with hearing technologies; provide a means for effective magnetic wireless coupling; and conform to TIA-1083-B, incorporated by reference. TIA-1083-B is an industry consensus standard that describes in a technical engineering document what characteristics are needed for a telecoil in a handset speaker to be compatible with the “T-Switch” feature provided by modern hearing aids. Additional information about the incorporation by reference is detailed below in Section VII.

Finally, if real-time video communication is provided, the quality of the video must be sufficient to support communication using sign language.

709.8 Caption Processing Technologies

Where an EV charger displays or processes video with synchronized audio, captioning of the audio shall be provided. For example, if a video of instructions on how to use the EV charger is provided with accompanying audio, the audio must be captioned.

VI. Use Last Model for EV Charging Spaces

The Access Board is considering an alternative to the number of mobility accessible EV charging spaces currently proposed in this NPRM. The current proposal follows a traditional “reserved” approach, where the accessible spaces are restricted to only those persons with a disability and are identified by a sign with the International Symbol of Accessibility (ISA). The Board seeks public input on an alternative concept of “use last”. In the “use last model”, the accessible spaces would be marked with a sign with the ISA, but also the words “use last”. The space would not be reserved only for a person with physical disabilities. Instead, anyone could use the accessible charging space if it is the last charging space available. Under this alternative approach, the Board proposes that a greater number of accessible spaces per EV charging station be required since they would not be solely reserved for persons with certain physical disabilities.

A. Number of Accessible EV Charging Spaces for “Use Last” Alternative Approach

The table below provides the proposed minimum number of mobility accessible EV charging spaces under a “use last” model. Instead of one accessible space for the first 25 EV charging spaces, the requirement would be two accessible spaces for two to 25 EV charging spaces at a charging station. This increase would compensate for the fact that the space could be used by a person without a disability.