(a) Communication of price.

1. (1) The price for charging must be displayed prior to initiating a charging transaction and be based on the price for electricity to charge in $/kWh. If the price for charging is not currently based on the price for electricity to charge an Electric Vehicle in $/kWh, the requirements of this subparagraph must be satisfied within one year from February 28, 2023.
2. (2) The price for charging displayed and communicated via the charging network must be the real-time price (i.e., price at that moment in time). The price at the start of the session cannot change during the session.
3. (3) Price structure including any other fees in addition to the price for electricity to charge must be clearly displayed and explained.

(b) Minimum uptime. States or other direct recipients must ensure that each charging port has an average annual uptime of greater than 97%.

1. (1) A charging port is considered “up” when its hardware and software are both online and available for use, or in use, and the charging port successfully dispenses electricity in accordance with requirements for minimum power level (see § 680.106(d)).
2. (2) Charging port uptime must be calculated on a monthly basis for the previous twelve months.

3. (3) Charging port uptime percentage must be calculated using the following equation:

   µ = ((525,600−(T_outage−T_excluded))/525,600) × 100

   where: µ = port uptime percentage, T_outage = total minutes of outage in previous year, and T_excluded = total minutes of outage in previous year caused by the following reasons outside the charging station operator's control, provided that the charging station operator can demonstrate that the charging port would otherwise be operational: electric utility service interruptions, failure to charge or meet the EV charging customer's expectation for power delivery due to the fault of the vehicle, scheduled maintenance, vandalism, or natural disasters. Also excluded are hours outside of the identified hours of operation of the charging station.

(c) Third-party data sharing. States or other direct recipients must ensure that the following data fields are made available, free of charge, to third-party software developers, via application programming interface:

1. (1) Unique charging station name or identifier;
2. (2) Address (street address, city, State, and zip code) of the property where the charging station is located;
3. (3) Geographic coordinates in decimal degrees of exact charging station location;
4. (4) Charging station operator name;
5. (5) Charging network provider name;
6. (6) Charging station status (operational, under construction, planned, or decommissioned);

7. (7) Charging station access information:

   1. (i) Charging station access type (public or limited to commercial vehicles);
   2. (ii) Charging station access days/times (hours of operation for the charging station);

8. (8) Charging port information:

   1. (i) Number of charging ports;
   2. (ii) Unique port identifier;
   3. (iii) Connector types available by port;
   4. (iv) Charging level by port (DCFC, AC Level 2, etc.);
   5. (v) Power delivery rating in kilowatts by port;
   6. (vi) Accessibility by vehicle with trailer (pull-through stall) by port (yes/no);
   7. (vii) Real-time status by port in terms defined by Open Charge Point Interface 2.2.1;

9. (9) Pricing and payment information:

   1. (i) Pricing structure;
   2. (ii) Real-time price to charge at each charging port, in terms defined by Open Charge Point Interface 2.2.1; and
   3. (iii) Payment methods accepted at charging station.