Insights

On March 31st, the Treasury Department (“Treasury”) and the Internal Revenue Service (“IRS”) released proposed regulations (“Proposed Regulations”) under the Clean Vehicle Credit of Internal Revenue Code Section 30D, which provides a credit for the purchase and placing in service of certain new clean vehicles (“Section 30D Credit”). The Section 30D Credit was originally enacted in 2008 and has been amended several times. Most recently, the Inflation Reduction Act of 2022 (“IRA”) made numerous amendments to the Section 30D Credit to promote the purchase and use of new clean vehicles made with battery components manufactured in North America and critical minerals sourced from the United States or countries with which the United States has a free trade agreement. The Section 30D Credit is treated as a personal or business credit depending on the use of the vehicle.  Businesses looking to transition their fleets should also consider the availability of the Credit for Qualified Commercial Clean Vehicles under Internal Revenue Code Section 45W. 

The Department of Transportation’s Federal Highway Administration has issued final standards for the installation, operation, and maintenance of electric vehicle (EV) charging stations paid for with federal funds pursuant to the Infrastructure Investment and Jobs Act (IIJA) and other federal authorities. The standards, which go into effect on March 30, 2023, regulate the types of chargers that may be installed, as well as payment processing, labor, cybersecurity, and data privacy practices for EV charging infrastructure on federal highways.

First, 2023 continues an upward trend in the assertion and litigation of standard-essential patents (SEPs) in the automotive space as the latest wireless communications technologies, including 5G cellular and Bluetooth 4.X and 5.X, are increasingly incorporated into new vehicle infotainment systems and other onboard computers. Both vehicle manufacturers and their suppliers should be concerned.

&Motion sits with It's Electric's Tiya Gordon to discuss the novel approach they are taking to EV charging to bring more stations to more people in more places more cheaply and efficiently.