Accessibility and ADA Update - June 2023

PSA -- New standards released in last month plus updated timelines on U.S. Access Board schedule. A very wide range of self-service has been and will be impacted by all this.
Accessibility and ADA Update - June 2023
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ADA Regulations Update June 2023

June 2023 — New updated dates for US Access Board NPRMs for EV and POS. Also, ANSI has just released their new EV standards, which include ADA considerations.  Thanks to Steve Taylor with TaylorPOS for reminding us of the NPRM dates.

Useful reference links:

Interesting read on AVIXA that the FCC is looking at Conferencing platforms and accessibility. Video conferencing platforms like Zoom, Microsoft Teams, and Webex could be subject to accessibility requirements under a proposal from FCC Chairwoman Jessica Rosenworcel. Link on AVIXA

Accessibility Guidelines for Self-Service Transaction Machines

This rulemaking would amend the Architectural and Transportation Compliance Board’s existing accessibility guidelines for buildings and facilities under the Americans with Disabilities Act (ADA) and the Architectural Barriers Act (ABA), located at 36 CFR part 1191, to include guidelines for the accessibility of fixed self-service transaction machines, self-service kiosks, information transaction machines, and point-of-sale devices.  The U.S. Department of Transportation and U.S. Department of Justice are expected, via separate rulemakings, to adopt these amended guidelines as enforceable standards for devices and equipment covered by the ADA. RIN: 3014-AA44

Timetable:

ACTION DATE FR CITE
ANPRM 09/21/2022 87 FR 57662
ANPRM Comment Period End 11/21/2022
NPRM 12/00/2023

Accessibility Guidelines for Electric Vehicle 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.  The Infrastructure Investment and Jobs Act, signed into law in November 2021, allocates $7.5 billion to construct a national network of 500,000 EV charging stations to accelerate the adoption of EVs.  It is expected that the installation and use of EV charging stations will continue to expand; however, there are no federal regulations specifying accessibility requirements for EV charging stations to ensure that they are accessible to and useable by persons with disabilities. The Access Board thus intends to publish a notice of proposed rulemaking to supplement its Accessibility Guidelines under the Americans with Disabilities Act (ADA) and Architectural Barriers Act (ABA) with scoping and technical requirements for electric vehicle charging stations. RIN: 3014-AA48

Timetable:

ACTION DATE FR CITE
NPRM 07/00/2023

ANSI Publishes Roadmap of Standards and Codes for Electric Vehicles at Scale

New York, June 14, 2023: The American National Standards Institute (ANSI) announced today the publication of the Roadmap of Standards and Codes for Electric Vehicles at Scale developed by the Institute’s Electric Vehicles Standards Panel (EVSP). The roadmap’s primary focus is on light-duty, on-road plug-in electric vehicles (EVs) that are recharged via a connection to the electrical grid and the supporting charging infrastructure needed to power them. Medium and heavy-duty EVs are also covered, as is wireless charging. A total of 37 standardization gaps are identified with corresponding recommendations across the topical areas of vehicle systems, charging infrastructure, grid integration, and cybersecurity. It is hoped that the roadmap will see broad adoption by the user community and will facilitate a more coherent and coordinated approach to the future development of standards for EVs.

The Kiosk Manufacturer Association (KMA) is an Associate Sponsor. (UL is the premier sponsor)

ADA Excerpt:

(c) The American with Disabilities Act of 1990 (ADA), and implementing regulations, apply to EV charging stations by prohibiting discrimination based on disability by public and private entities. EV charging stations must comply with applicable accessibility standards adopted by the Department of Transportation into its ADA regulations (49 CFR part 37) in 2006, and adopted by the Department of Justice into its ADA regulations (28 CFR parts 35 and 36) in 2010. 45 The U.S. Access Board, an independent federal agency that issues accessibility guidelines under the Americans with Disabilities Act(ADA), Architectural Barriers Act(ABA), Rehabilitation Act of 1973, and other laws, has provided a technical assistance document “Design Recommendations for Accessible Electric Vehicle Charging Stations” 46 to assist in the design and construction of electric vehicle (EV) charging stations that are accessible to and usable by people with disabilities. In the Fall 2022 Unified Agenda and at recent Board Meetings, the Access Board announced that it anticipates a Notice of Proposed Rulemaking (NPRM) for EVSE towards the end of the summer of 2023. Noting the expected continuing expansion and use of EV charging stations, the Board noted in relevant part that: [T]here are no federal regulations specifying accessibility requirements for EV charging stations to ensure that they are accessible to and useable by persons with disabilities. The Access Board thus intends to publish a notice of proposed rulemaking to supplement its Accessibility Guidelines under the Americans with Disabilities Act (ADA) and Architectural Barriers Act (ABA) with scoping and technical requirements for electric vehicle charging stations.

47 44 https://www.federalregister.gov/d/2023-03500/p-385 45 https://www.federalregister.gov/d/2023-03500/p-465 46 The Access Board, “Design Recommendations for Accessible Electric Vehicle Charging Stations” last updated 7/21/2022, Accessed 3/13/2023 https://www.access-board.gov/tad/ev/ 47 The Access Board, “Accessibility Guidelines for Electric Vehicle Charging Stations,” RIN: 3014-AA48, Fall 2022,Accessed 2/13/2023 https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202210&RIN=3014-AA48
ANSI EVSP Roadmap of Standards and Codes for Electric Vehicles at Scale Page 101 of 170

The DOE Clean Cities Coalition Network provides best practices for installing ADA-compliant EV charging stations. 48

In addition, the California Division of the State Architect has developed accessibility requirements for EV charging, which are part of the California Building Code. 49
The 2021 International Building Code® (IBC®), section 1107, provides that no less than 5% of vehicle spaces at an EV charging site, and not fewer than one space for each type of EV charging system, shall be accessible. 50 This is not required for R-2, R-3, and R-4 occupancies. In terms of standards activity, ICC A117.1—2017 Accessible And Usable Buildings And Facilities, section 502.11, provides requirements that EV charging stations comply with requirements for operable parts (card readers) and are free of obstructions between the charging station and the adjacent parking space. 51 As noted, there is some policy activity anticipated. At this time, no codes and standards gap has been identified.

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