For contractors, electric vehicle charging station work under the Bipartisan Infrastructure Law (BIL) is still very much alive going into 2026. But the program has been slower and more politically bumpy than originally advertised. Here’s what that means for workload and bonding.
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Where do the BIL’s EV charging station goals stand today?
The big-picture goal hasn’t changed. BIL earmarked $7.5 billion for EV charging, split between:
- The NEVI Formula Program – about $5 billion (FY 2022–2026) to help states build a national fast-charging network along highway “alternative fuel corridors,” and
- Charging & Fueling Infrastructure (CFI) grants – $2.5 billion in discretionary grants for both corridors and community charging.
Both programs support the original federal goal of a convenient, reliable network of 500,000 public chargers by 2030.
Nationwide, public charging ports have more than doubled since 2021, reaching over 200,000–220,000 ports by early 2025, thanks to a mix of private and public investment. However, BIL-specific buildout has lagged. According to the Government Accountability Office review, only 384 ports (at 68 stations in 16 states) had been built by April 2025 under the $7.5B federal charging station programs.
Why are there slow rollouts?
If you’re wondering what’s to blame for the slow rollout, the main reasons are:
- New federal minimum standards for NEVI sites (such as 4 DC fast-charging ports at 150 kW each (600 kW total), 24/7 access, contactless payment, Buy America requirements, and a 97% uptime standard) made early projects complicated to design and build.
- All 50 states, Washington, D.C., and Puerto Rico had to submit and win approval for EV Infrastructure Deployment Plans before tapping NEVI funds, which they accomplished in 2022.
- In early 2025, the Trump administration temporarily froze NEVI, ordering states to halt new obligations and “decertify” plans, before courts forced the program to restart. Revised guidance issued in August 2025 reopened funding but added delays and some policy changes.
What is the EV outlook for 2026?
Despite the bumpy rollout, billions in NEVI and CFI dollars remain available, and recent DOT awards (e.g., $635M in early 2025 for ~11,500 new ports) indicate the pipeline remains highly active. NEVI formula funding runs through FY 2026, so states face a “use it or lose it” window. Expect more RFPs and fast-tracked awards in 2026 as agencies try to obligate remaining funds.
The goal of 500,000 chargers by 2030 is still on the books, but the buildout is backloaded into the second half of the decade. For contractors, that means the real wave of work is still coming, and 2026 will be a pivotal bonding year.
What do I need to know about bonding for EV charging work?
NEVI/CFI charging contracts specify reliability guarantees of 97%+ annual uptime per port, with some states writing financial penalties into O&M payments for missed uptime targets. Additionally, a five-year or longer operation and maintenance (O&M) period leaves the developer/operator on the hook, sometimes for as long as seven years. For sureties, that means:
- Longer exposure than a typical 18–24-month construction job.
- Operational risks (software, networking, revenue sufficiency, vandalism, utility outages) layered on top of normal civil/electrical risks.
Because NEVI/CFI projects are treated as federal-aid highway projects, they generally fall under federal and state bonding rules.
- On federal construction contracts over $100,000, the Miller Act requires performance and payment bonds, typically at 100% of the contract price.
- States mirror these rules with their own “Little Miller Acts,” so state DOT-led NEVI projects almost always require bonds as well.
If you’re pursuing NEVI/CFI work in 2026, assume you will need performance and payment bonds at or near 100% of the total contract value, even when there’s a private-sector partner.
Bond amounts can reflect both construction and long-term obligations. States handle bonding in a few ways:
- One bond covering the construction contract, plus a separate bond for O&M and uptime performance.
- A single contract with the bond’s penal sum based on the total contract value, including the multi-year O&M component.
Because NEVI rules require five years of compliant operation and maintenance, and states often layer on penalties for uptime, poor performance, or default, can trigger substantial claims. Sureties’ underwriting will scrutinize your team’s experience in EV charging, electrical work, and long-term service contracts, not just in traditional dirt-and-concrete work.
Integrating EV Work into Your 2026 Strategy
Because EV charging projects involve complex federal requirements and long-term O&M (Operation and Maintenance) periods, they require a more sophisticated approach to bonding applications for bonds such as bid bonds, payment bonds, and performance bonds than a standard commercial build. Success in this sector depends on having a robust bond line that can handle multi-year exposure.
To ensure your firm is prepared for these unique requirements, review our guide on Surety Bond Best Practices for 2026. Combining a strong technical plan for EV infrastructure with the underwriting discipline described in our best practices guide will help you secure the higher limits needed for these $7.5B federal programs.
The bottom line
By 2026, EV charging work under the Bipartisan Infrastructure Law is likely to be busy but demanding. The money is still there, the technical standards are high, and NEVI’s long-term O&M obligations mean these are not simple “one and done” road jobs. For contractors with solid balance sheets, good surety relationships, and a plan for high-reliability electrical work, bonded EV charging projects can become a meaningful new line of business.
Frequently Asked Questions
Are performance and payment bonds always required for NEVI-funded projects?
In practice, almost always for the construction piece. NEVI-funded projects are treated as federal-aid transportation work, so they typically follow Miller Act / Little Miller Act rules. Some states also require additional security for the multi-year operation and maintenance portion, especially where uptime guarantees and financial penalties are involved.
How does the five-year O&M requirement affect my bonding capacity?
The five-year (or longer) operation and maintenance obligation changes the risk profile in two ways: longer exposure for the surety and higher effective contract value. If the bond penal sum is based on total contract value (construction + O&M), it uses more of your single-job and aggregate limits.
What kinds of risks in EV charging projects make sureties nervous?
Sureties will focus on several EV-specific risks beyond normal civil/electrical work:
- Reliability and uptime penalties (failing to hit 97% uptime per port)
- Utility interconnection delays and upgrade costs
- Buy America and supply-chain issues with chargers and components
- Software/network performance and payment systems
- Vandalism and site security at remote highway locations
You can calm underwriter concerns by showing relevant past performance, strong partners (e.g., experienced EVSE/network operators), and a realistic O&M budget that accounts for these risks.
