Increasingly ambitious climate goals in New York State and New York City, along with a proliferation of incentives from the local to federal levels in recent years, have jumpstarted investment in and development of electric vehicle (EV) charging infrastructure. Transportation accounts for the single largest portion of total greenhouse gas (GHG) emissions in the U.S.; in 2022, the transportation sector produced 28% of the country's GHG emissions, 1 57% of which came from light-duty (passenger) vehicles.2 Shifting from fossil-fuel powered cars to EVs thus presents an opportunity for significant GHG emission reductions.
The market share of EVs in the U.S. has been consistently growing in recent years, presenting an increasingly viable alternative for the country's fossil fuel-centric transportation sector. As of September 2024, over one million plug-in EVs had been sold in the U.S., and EVs accounted for 10.5% of total light-duty vehicle sales in September 2024.3 Accomplishing a shift to EVs on a large scale will require a massive build-out of EV charging infrastructure. Federal incentives have played a large role in encouraging EV uptake to date. The Trump Administration, however, has made a concerted effort to eliminate the so-called federal "EV mandate" through Executive Order and legislation alike. As a result, consumers and private actors committed to transitioning to EVs will likely need to rely in greater part on state and local incentives in the coming years. This article summarizes the federal, state, and local incentives that are in place to facilitate the shift to EVs in New York State and City, as well as contemplates the role the private sector may play in the change. SPR is uniquely positioned to assist with siting decisions and accompanying due diligence, obtaining any applicable tax credits, and acquiring relevant local approvals and permits.
Background on EV Infrastructure
Despite the increasing popularity of EVs in the U.S., the lack of EV charger infrastructure, in combination with limited battery capacity, remains a significant barrier to widespread adoption of EVs. Installing charging stations along travel corridors is a crucial step in ensuring that people feel confident driving their EVs long distances. EV charger incentives prioritize the development of higher-voltage and fast-charging hubs.4
EV charging stations can provide three different "levels" of EV charging.5 Level 1 charge allows for up to 5 miles of range per hour of charging and is compatible with standard 120-volt household outlets. Level 2 charge provides up to 20 miles of range per hour of charging, and requires mid-level voltage, similar to many large household appliances like drying machines. Level 3 chargers, also known as direct current (DC) fast chargers, allow for over 30 miles of range per 10 minutes of charging. These rapid chargers require over 480 volts of electricity. DC fast chargers provide the most practical assistance to EV drivers, for whom fast-charging stations operate similarly to gas stations in terms of time and effort.6 Various federal, state, and local initiatives are aimed at building out robust EV charging infrastructure, with a particular emphasis on building DC fast chargers.
Federal Initiatives
The Biden Administration took considerable steps to facilitate a shift away from carbonfueled vehicles. President Biden championed two landmark laws passed in 2021, which serve as the primary federal incentives for the transition toward EVs: the Infrastructure Investment and Jobs Act (IIJA) and the Inflation Reduction Act (IRA). These laws included incentives for both EV purchasing and infrastructure. The Trump Administration, however, has all but eliminated such incentives. The IIJA, which centers on the development of EV charging infrastructure, seeks to establish "a network of EV chargers and support[] the transition to electrification across all types of vehicles."7 In service of this goal, the IIJA includes up to $7.5 billion to build a network of 500,000 EV chargers throughout the country.8 The funding falls into five major programs, including the National EV Infrastructure (NEVI) Formula Program, which provides funding to state governments to deploy EV fast chargers.9
On January 20, 2025, President Trump issued the "Unleashing American Energy" Executive Order, purportedly "terminating, where appropriate, state emissions waivers that function to limit sales of gasoline-powered automobiles; and by considering the elimination of unfair subsidies and other ill-conceived government-imposed market distortions that favor EVs over other technologies . . . ."10 The Executive Order also instructed federal agencies to "immediately pause the disbursement of funds appropriated through" the IRA and the IIJA, including funds made available through the NEVI Formula Program.11 It called for all agency heads to submit a report within 90 days of January 20, 2025 evaluating the laws' processes, policies, and programs for using grants, loans, contracts, or any other financial disbursements for compliance with the Executive Order's stated policy of eliminating the federal "EV mandate."12
On February 6, 2025, the Federal Highway Administration (FHWA), a U.S. Department of Transportation (USDOT) agency, issued a memorandum in compliance with the January 20 Executive Order. The February 6 memo rescinded all guidance under the NEVI Formula Program and suspended the approval of all State EV Infrastructure Deployment Plans for all fiscal years.13 The memo—and USDOT's attempts to comply with President Trump's January 20 Executive Order—has sparked a great deal of controversy.
On May 7, 2025, Washington, New York, fourteen other states, and the District of Columbia sued USDOT and FHWA in Washington federal court for suspending or revoking State EV Infrastructure Deployment Plan approvals and withholding or withdrawing NEVI Formula Program funds.14 Each of the plaintiffs was slated to receive funds under the NEVI Formula Program. Plaintiffs argued that the federal agencies' compliance with President Trump's Executive Order was in "diametric opposition to [IIJA's] statutory mandate" as well as violative of the Administrative Procedure Act and the federal Constitution. On June 24, 2025, the Washington federal court granted plaintiffs' motion for a preliminary injunction, and enjoined USDOT and FHWA from suspending or revoking previously approved State Electric Vehicle Infrastructure Deployment Plans as well as withholding or withdrawing NEVI Formula Program funds for them. The injunction went into effect on July 2, 2025. The litigation is ongoing, but the court in issuing the preliminary injunction found that plaintiffs were likely to prevail on the merits of their Administrative Procedure Act and separation-of-powers claims.
Similarly, on May 22, 2025, the federal Government Accountability Office (GAO), the investigative arm of Congress, published a decision finding that USDOT's withholding of appropriations for the NEVI Formula Program constituted an improper deferral under the Impoundment Control Act (ICA).15 The GAO determined that USDOT was not authorized to withhold such funds, and instead would need to propose funds for rescission or propose new legislation to enact such changes.16
The success of President Trump's efforts to eviscerate federal EV incentives remains to be seen. Both the Washington federal court's preliminary injunction and the GAO determination indicate that President Trump will need to disburse many of the NEVI Formula Program funds. And the vast majority of the IRA's and IIJA's funds have already been obligated; at least $92.5 billion in grants had been awarded by November 2024, accounting for 80% of the available funds for the fiscal year that ended in September.17 New York State, which opened one of the first NEVIfunded EV charging stations in the country in December 2023,18 is slated to receive a total of $175 million through the NEVI Formula Program over a five-year period.19 Although the Trump Administration may not have the legal authority to withhold such obligated funds, its attempts to do so have been remarkably destabilizing for the EV market. States are reticent to rely on the receipt of such funds given the Trump Administration's signals that it may try to improperly withhold funds that Congress has appropriated for these purposes.
President Trump has also deployed more traditional tactics to weaken federal EV incentives. On July 4, 2025, he signed into law the "One Big Beautiful Bill" Act, a massive taxand-spending package that further erodes the EV incentives that the Biden Administration put in place. The law eliminates the IRA's $7,500 tax credit for individual consumers who lease or buy both new or used EVs after September 30, 2025. 20 It rescinds the "unobligated balances of amounts" made available under the advanced technology vehicle manufacturing loan program, which afforded $3 billion in loans for EV manufacturers.21 It also retracts the alternative fuel vehicle refueling property tax credit, which incentivized EV charging infrastructure in rural and underserved communities, and the commercial clean vehicle credit, which encouraged public and private fleet operators to purchase EVs.22
The Trump Administration's efforts to dispense with federal incentives leave states and private actors with a great deal of uncertainty. Regardless of the longevity of federal EV measures, though, consumers and industry actors looking to turn to EVs can still take advantage of various state and local incentives.
Initiatives in New York State
Given the volatile federal regulatory and legislative landscape under the Trump Administration, state measures will likely serve as the primary source for EV incentives in the coming years. New York State has already established itself as a leader in driving the transition, aiming to achieve net-zero transportation GHG emissions by 205023 and 100% zero-emission new light-duty passenger vehicle sales or leases by 2035.24 These targets align with its ambitious GHGreduction goals, including reducing GHG emissions by 40% from 1990 levels by 2030 and 85% by 2050.25 Consumer trends show that EV use is already on the rise; registration for new EVs in New York surged by 231% from 2020 to 2022,26 and more than 150,000 are currently registered in the State.27 But this still represents less than 2% of New York's registered vehicles, and remains a far cry from the estimated 2 million EVs that must be on the road by 2030 to meet the State's climate goals.
New York State has put in place various initiatives to incentivize EV uptake, primarily through programs established by the New York State Energy Research and Development Authority (NYSERDA). NYSERDA's Clean Transportation Program aims broadly to promote the use of clean transportation technologies, including a rebate program for EV purchasers and programs to incentivize building charging stations.28 The New York Power Authority (NYPA) and New York State Department of Environmental Conservation (NYSDEC) have also created programs with similar goals.
NYSERDA's Clean Transportation Program features several incentives to make clean transportation technologies more competitive, as well as research, development, pilot, and demonstration projects to implement "scalable, market-ready clean transportation technologies, products, and services." 29 Additionally, its Drive Clean Rebate Program allows consumers to collect a rebate of up to $2,000 when purchasing one of more than 60 models of EVs.30 The rebate amount depends on the EPA all-electric range for that car model—the greater the range, the greater the rebate. Cars that have a range of more than 200 miles are eligible for the full $2,000 refund; those with a range of 40 to 199 miles may save up to $1,000; and vehicles with a range of less than 40 miles or a manufacturer's suggested retail price of greater than $42,000 are eligible for a $500 rebate. 31 The rebate serves as a powerful incentive for EV consumers in the State. NYSDEC has also adopted a Municipal Zero-Emission Vehicle Program through which cities, towns, villages, and counties may receive rebates for the purchase or lease of eligible new zero-emission vehicles for fleet use.32
The State has prioritized building out new EV infrastructure as well. NYSERDA's Charge Ready program makes available $12 million for rebates to both public and private entities for the purchase and installation of Level 2 charging stations at public parking facilities, workplaces, and multi-unit dwellings.33 The Charge Ready program provides for rebates of $4,000 per charging port at public facilities located within disadvantaged communities and $3,000 per port installed at a workplace or multi-unit dwelling.34 Workplace or multi-unit dwelling stations located within disadvantaged communities may be awarded an additional $500 per Level 2 charging station.35
Similarly, NYSDEC offers grants to cities, towns, villages, and counties to install Level 2 and DC fast charger electric vehicle supply equipment primarily for public use.36 NYPA also plays a key role in EV development; its EVolve NY program promotes the buildout of EV chargers. It allocates $250 million to install up to 400 new EV fast charging stations throughout the State through 2025; locate chargers along the State's major highway corridors; position chargers within just a few minutes of highway exits; animate the private market for charging solutions by demonstrating the profitability of investing in EV infrastructure; and install fast charging hubs in Yonkers, Albany, Syracuse, Rochester, and Buffalo, as well as in New York City.37 Additionally, New York offers a state tax credit to alternative fuel vehicle fueling infrastructure equal to 50% of the infrastructure cost, which includes infrastructure for charging EVs.38 Each of these programs works to ensure that EV drivers can recharge along major travel corridors quickly and conveniently, easing the process of shifting to EVs throughout New York State.
Initiatives in New York City
In addition to the various state and federal incentives, New York City has implemented several initiatives to encourage the shift to EVs. The City has adopted the goal of reducing GHG emissions to 40% below 2005 levels by 2030, and 80% below 2005 levels by 2050.39 Meeting the ambitious emission reduction goals of both New York City and New York State will require drastic reductions in transportation-related emissions.
PlaNYC—a multifaceted strategic plan that aims to strengthen the economy, combat climate change, and enhance quality of life for New Yorkers—includes ambitious goals to establish a network of 40,000 Level 2 and 6,000 DC fast chargers by 2030.40 PlugNYC is an offshoot of PlaNYC, and focuses specifically on building out EV infrastructure. It established an EV Vision Plan in September 2021, which encompasses eight initiatives: (1) growing the city-operated fast charging network to over 80 plugs by 2025; (2) equipping 20% of all spaces in municipal public parking lots and garages with Level 2 chargers by 2025, increasing to 40% by 2030; (3) creating a network of 1,000 curbside charge points across the five boroughs by 2025, increasing to 10,000 by 2030; (4) developing a plan for a Level 2 and Level 1 user-supplied cord charging system that integrates with existing street infrastructure; (5) advocating for funding and supportive policies from the federal government; (6) working with utilities and regulators to make it easier and cheaper to install EV chargers; (7) engaging with EV stakeholders to better understand evolving EV market, technology, and charging needs through an industry day; and (8) increasing public awareness of EVs and charging opportunities through the PlugNYC marketing program.41
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Footnotes
1. Fast Facts on Transportation Greenhouse Gas Emissions, U.S. ENVIRONMENTAL PROTECTION AGENCY, June 18, 2024, https://www.epa.gov/greenvehicles/fast-facts-transportation-greenhouse-gas-emissions.
2. Id.
3. Monthly EV Minute: Based on September 2024 Data, JOINT OFFICE OF ENERGY AND TRANSPORTATION, Nov. 4, 2024, https://driveelectric.gov/news/september-evminute#:~:text=As%20of%20the%20end%20of,this%20same%20time%20last%20year.
4. See, e.g., National Electric Vehicle Infrastructure (NEVI) Program, NYSERDA, https://www.nyserda.ny.gov/AllPrograms/Charging-Station-Programs/National-Electric-Vehicle-Infrastructure-Program (last visited Aug. 5, 2025); Clean Transportation Program, NYSERDA, https://www.nyserda.ny.gov/All-Programs/Charging-Station-Programs (last visited Aug. 5, 2025); Electric Vehicles, NYC MAYOR'S OFFICE OF CLIMATE & ENVIRONMENTAL JUSTICE, https://climate.cityofnewyork.us/subtopics/electric-vehicles/ (last visited Aug. 5, 2025).
5. Electric Vehicles, NYC DEPARTMENT OF TRANSPORTATION, https://www.nyc.gov/html/dot/html/motorist/electricvehicles.shtml#/find/nearest (last visited Aug. 5, 2025).
6. Id.
7. A Guidebook to the Bipartisan Infrastructure Law for State, Local, Tribal, and Territorial Governments, and Other Partners, WHITE HOUSE, May 2022, https://www.whitehouse.gov/wp-content/uploads/2022/05/BUILDING-ABETTER-AMERICA-V2.pdf.
8. Id.
9. National Electric Vehicle Infrastructure (NEVI) Program, NYSERDA, https://www.nyserda.ny.gov/AllPrograms/Charging-Station-Programs/National-Electric-Vehicle-Infrastructure-Program (last visited Aug. 5, 2025).
10. Unleashing American Energy Executive Order, WHITE HOUSE, Jan. 20, 2025, https://www.whitehouse.gov/presidential-actions/2025/01/unleashing-american-energy/.
11. Id.
12. Id.
13. Federal Highway Administration, Suspending Approval of State Electric Vehicle Infrastructure Deployment Plans, U.S. DEPARTMENT OF TRANSPORTATION, Feb. 6, 2025, available at https://perma.cc/FNZ9-747G.
14. Washington v. U.S. Department of Transportation, CLIMATE CASE CHART, https://climatecasechart.com/case/washington-v-us-department-oftransportation/#:~:text=U.S.%20Department%20of%20Transportation,- Filing%20Date%3A%202025&text=Description%3A%20States'%20lawsuit%20challenging%20the,Vehicle%20Inf rastructure%20Formula%20Program%20funds (last visited Aug 5, 2025).
15. U.S. Department of Transportation, Federal Highway Administration – Application of the Impoundment Control Act to Memorandum Suspending Approval of State Electric Vehicle Infrastructure Deployment Plans, U.S. GOVERNMENT ACCOUNTABILITY OFFICE, May 22, 2025, https://www.gao.gov/products/b-337137. The ICA sets forth a narrow set of circumstances under which a president may withhold funds that have been appropriated by Congress, none of which applied to the February 6 memo, according to the GAO.
16. Id.
17. Kate Sinding Daly, Can They Do That? Deflating the Inflation Reduction Act, CONSERVATION LAW FOUNDATION, Dec. 19, 2024, https://www.clf.org/blog/can-they-do-that-deflating-the-inflation-reduction-act/.
18. National Electric Vehicle Infrastructure (NEVI) Program, supra note 9.
19. Id.
20. One Big Beautiful Bill Act, Pub. L. No. 119-21 (2025); EV and Charging Tax Credits After the One Big Beautiful Bill Act, ELECTRIFICATION COALITION, July 17, 2025, https://electrificationcoalition.org/resource/ev-and-chargingtax-credits-after-the-one-big-beautiful-bill-act/.
21. One Big Beautiful Bill Act, supra note 20.
22. EV and Charging Tax Credits After the One Big Beautiful Bill Act, supra note 20.
23. Zero Emission Vehicle (ZEV) Requirements, U.S. DEPARTMENT OF ENERGY, https://afdc.energy.gov/laws/12700#:~:text=All%20sales%20or%20leases%20of,be%20zero%20emission%20by%2 02035 (last visited Aug. 5, 2025).
24. New York Becomes 2nd State to Mandate Zero-Emission Vehicles by 2035, ABC 7 NY, Sept. 30, 2022, https://abc7ny.com/electric-vehicle-new-york-zero-emissions-cars/12279246/.; Electricity Laws and Incentives in New York, U.S. DEPARTMENT OF ENERGY, https://afdc.energy.gov/fuels/laws/ELEC?state=NY#:~:text=Zero%20Emission%20Vehicle%20(ZEV)%20Requirem ents,be%20zero%20emission%20by%202035 (last visited Aug. 5, 2025).
25. Greenhouse Gas Emissions Reduction, NYSERDA, https://www.nyserda.ny.gov/Impact-Greenhouse-GasEmissions-Reduction (last visited Aug. 5, 2025).
26. Building Out Charging Infrastructure to Plug the Gaps in Access, NYSERDA, https://www.nyserda.ny.gov/Featured-Stories/How-New-York-is-Preparing-for-an-EV-Future# (last visited Aug. 5, 2025).
27. Noah Kolenda, Will A New President Jumpstart the Transition to Electric Vehicles in New York, or Let It Stall?, CITY AND STATE NEW YORK, Oct. 28, 2024, https://www.cityandstateny.com/policy/2024/10/will-new-presidentjumpstart-transition-electric-vehicles-new-york-or-let-itstall/400623/#:~:text=More%20than%20150%2C000%20electric%20vehicles,promoting%20the%20renewable%20 energy%20sector.
28. Clean Transportation Program, NYSERDA, https://www.nyserda.ny.gov/All-Programs/Charging-StationPrograms (last visited Aug. 5, 2025).
29. Id.
30. Drive Clean Rebate for Electric Cars, NYSERDA, https://www.nyserda.ny.gov/All-Programs/Drive-CleanRebate-For-Electric-Cars-Program (last visited Aug. 5, 2025).
31. Electricity Laws and Incentives in New York, supra note 24.
32. Grants for Climate Action, N.Y. DEPARTMENT OF ENVIRONMENTAL CONSERVATION, https://dec.ny.gov/environmental-protection/climate-change/resources-for-local-governments/grants-for-climateaction (last visited Aug. 5, 2025).
33. Charge Ready 2.0, NYSERDA, https://www.nyserda.ny.gov/All-Programs/Charge-Ready-NY (last visited Aug. 5, 2025).
34. Id.
35. Id.
36. Grants for Climate Action, supra note 32.
37. EVolve NY: A Vision for an Electric Future, N.Y. POWER AUTHORITY, https://evolveny.nypa.gov/en/fast-charginghubs-electric-vehicles-new-york (last visited Aug. 5, 2025).
38. Electricity Laws and Incentives in New York, supra note 24.
39. Climate Change, NYC MAYOR'S OFFICE OF CLIMATE & ENVIRONMENTAL JUSTICE, https://www.nyc.gov/site/sustainability/regulations/climate-change.page (last visited Aug. 5, 2025).
40. Electric Vehicles, N.Y.C. MAYOR'S OFFICE OF CLIMATE & ENVIRONMENTAL JUSTICE, https://climate.cityofnewyork.us/subtopics/electric-vehicles/ (last visited Aug. 5, 2025).
41. Electric Vehicles, N.Y.C. DEPARTMENT OF TRANSPORTATION, https://www.nyc.gov/html/dot/html/motorist/electricvehicles.shtml#/find/nearest (last visited Aug. 5, 2025).
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