Zero Emission Vehicles & Charging Infrastructure
About zero emission vehicles
Accelerating the adoption of zero emission vehicles (ZEVs) and the deployment of charging infrastructure is key to delivery of the Government’s low carbon transport agenda. Much of the focus is on electric vehicle (EV) solutions, but hydrogen may also play a significant role.
Freeths advises a broad range of players in the ZEV market, from chargepoint providers, to charging infrastructure hosts, investors, contractors, manufacturers and fleet operators. As a full-service law firm, we have expertise in all the areas required to assist clients in seizing ZEV market opportunities and to support businesses who are leading the charge.
Our team of electric vehicle lawyers and wider ZEV team can assist with:
- Business models and structuring
- Procurement
- Finance
- Planning and real estate
- Commercial contracts
- Grid connections
- Installation, operation and maintenance
- Electricity supply
- IT and data
- Intellectual property
- Corporate acquisitions and fundraising
- Tax
- Smart charging and vehicle-to-grid (V2G)
- Electrification of vehicle fleets
- Hydrogen-powered vehicles
- Co-location of EV chargers with electricity generation and/or storage asset
Why choose our expertise?
As well as opportunities, the migration from ICE to ZEV presents significant challenges. Few other sectors have undergone such dramatic change in such a short space of time.
Whilst the ZEV market is rising to these challenges, it is still in its infancy and will see rapid evolution in the coming years. Against the backdrop of Governmental and commercial pressure to accelerate the ZEV roll-out, there is a bewildering array of delivery models and commercial actors.
At Freeths, our knowledge of the ZEV market enables us to untangle the complexities and help our clients realise their ambitions whilst ensuring that their commercial interests are protected. Since 2019 we have operated a ZEV Working Group to develop and disseminate ZEV-related expertise across the firm.
The ZEV Working Group is made up of lawyers from all of our key practice areas and complementary sector groups, including Clean Energy, Transport, Logistics & Warehousing, Infrastructure & Project Finance, Real Estate, Planning, Construction & Engineering, and Banking & Finance. We have made significant investments into this initiative and, as a result, we are genuinely thought-leaders in this space.
The ZEV Working Group is led by James Larmour, Clare King, Michael Bray and Kirstin Roberts. Please feel free to contact us.
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Insights & webinars
EV charging infrastructure risks
We are seeing a variety of different business models and approaches for the delivery of EV charging infrastructure (EVCI). With each there are a multitude of risks to understand and manage, including:
> Demand risk
> Site selection
> Competing infrastructure
> Planning risk
> Defects in chargepoints
> Batch failures
> Regulatory risk
> ObsolescenceEVCI Risk Matrix – a free tool to help you better manage risk >
The evolving EV sector
We hosted a live webinar (May 2020) with a panel of experts from amber energy®, Cenex, Connected Kerb and Delta-EE. The panel shared their views and practical experiences of the evolving EV sector, while the team provided an overview of the regulatory framework. Among the topics covered were:
> EV market penetration
> Characteristics and behaviours of EV owners
> Public EV charging – key trends
> The chargepoint market – current status and future challenges
> EV charging solutions and charging speeds
> Approaches to smart charging
> Energy demand of EVsFinancing EV charging infrastructure
On 28 July 2020 we hosted the second in our series of EV webinars – financing EV charging infrastructure. Our chair James Larmour was joined by guest speakers from Amber Infrastructure, MUFG Bank and Green Giraffe. The panel shared their expertise on:
> Accessing finance for EV charging infrastructure
> Market activity and trends
> Key risks and bankability issues
> Revenue models
> As well as discussing specific case studiesHow to deliver a successful EV project
In this webinar our guest speakers from Biffa, Oxfordshire County Council and MacIntyre Hudson provided a series of practical case studies and our chair Clare King summarises Government funding. The panel discussed:
> Greening the car fleet: what fleet decision makers have experienced so far in designing an efficient policy to manage the potential challenges around taxation, charging, networks and fuel when moving to EVs
> Electric refuse collection vehicles: working with local authority partners to green their collection fleets
> The Park and Charge innovation project: objectives and elements of the project, how stakeholders are working together to deliver this project, and issues to be considered and overcomeLow emission vehicle technologies
On 12 November 2020 we hosted the fourth and final webinar in our EV series: 'low emission vehicle technologies – what you need to know'. Our guest speakers from Baringa and PRE provided an overview of the low emission vehicle technologies currently available in the market and those on the horizon, and took an in-depth look at smart charging and vehicle-to-grid. Our own Luke Dixon then outlined what stakeholders need to know about data in the context of smart systems.
- Working with Oxford City Council to develop a Dynamic Purchasing System (DPS) enabling Local Authorities across the country to utilise a procurement system for acquiring/entering into concession/purchase agreements and other legal arrangements to enhance their local EV charging infrastructure. The DPS allows any Local Authority to access a pre-approved network of providers, divided into nine separate lots, capable of providing/installing EV charging systems, smart street furniture, storage systems, network operations, construction and commissioning services, maintenance and inspection services and e-car club operations, based on template forms of specification, KPIs and contracts. The project won ‘Innovative Procurement Project of the Year’ at the 2023 Tomorrows Procurement awards and was a finalist at the 2023 Local Government Chronicle awards
- Advising a leading chargepoint provider in relation to the development of template documents for the appointment of contractors for the installation of EV charging equipment
- Advising hotel and brewery operators on template and site specific EVCI installations and associated agreements including EVCI leases, grid connectivity and grid easements and wayleaves on a portfolio of sites across the UK with the likes of Osprey and Tesla, including strategic advice on approach to varying and partially surrendering property out of occupational operator leases and the need to obtain superior landlord consents
- Advising a leading asset manager on the establishment of a nationwide framework for the installation of EV chargepoints in privately-owned car parks, including on the framework agreement which provided for the procurement and installation of EV chargepoints, the supply of electricity for vehicle charging, the operation and maintenance of the chargepoints, and the customer payment interface. We also advised on lease arrangements with the car park owners
- Advising a leading investor, developer and long-term fund manager of infrastructure and energy efficiency assets on a project for the installation of kerbside EV chargepoints in a London borough, including on (a) the acquisition and installation of the chargepoints, (b) O&M arrangements, (c) the customer payment interface, (d) financing, (e) procurement law and (f) section 50 licensing
- Advising a London Borough on a Vehicle to Grid (V2G) scheme, including contracts for V2G equipment and services under which our client agreed with a service provider to acquire the software and hardware to provide smart uni- and bi-directional charging solutions for EVs on a managed service basis, and for commissioning and installation of the V2G chargepoints and their ongoing operation. (Bi-directional chargers allow EV batteries to discharge electricity back to the grid, as well as charging from the grid. Via V2G software EV drivers can generate returns by providing electricity to help regulate the grid and by taking advantage of differential time-of-day electricity prices.)
- Advising a major retail client on arrangements with a leading charging solutions providerfor the installation and hosting of EV charging infrastructure at a trial site, with the potential for national roll-out. This involved advice on all aspects of the proposed arrangements, including detailed input to the contract and providing observations on the commercial model
- Advising a leading charging solutions provider on its standard terms of business for the installation of EV charging infrastructure, and on supplementary terms and conditions in relation to various commercial models
- Advising a large real estate investor client on an EV charging deal with GridServe, whereby the client granted a ground lease to GridServe for the development and operation of an Electric Forecourt.
Advising an international motorway services provider on the contractual framework for the installation of electric vehicle charging stations at a number of their 350 UK sites. Our input included advice on electricity grid connection arrangements, regulatory considerations and sector-specific elements of the framework lease for EV chargepoints - Advising a contractor on funding arrangements to support its obligations under a framework agreement with a number of local authorities to deliver the rollout of EV chargepoint infrastructure across a number of public sites
- Acting for a major Chinese-owned automotive manufacturer in relation to the construction contracts for a new-build plant in the UK to produce electric vehicles
- Advising a leading charging solutions provider on multiple fundraises and in obtaining SEIS/EIS relief, drafting all the documentation for the investments
- Advice on State Aid issues in relation to grant funding from the UK Government’s £50m ‘All-electric Bus Town’ scheme, including vehicles, chargepoints and other infrastructure, covering 75% of the difference between traditional and electric vehicle costs
- Advising an international energy company on land rights for the installation and operation of EV chargepoints
- Advising a leading chargepoint provider on their standard terms and conditions for commercial sales of EV charging units, and their services agreement for the installation, testing and commissioning of EV charging equipment
- Advising a hotel chain on the proposed installation of EV chargepoints across its estate in England and Wales, and the leasing of EV infrastructure and car parking spaces to third party operators, including property and commercial arrangements
- Advising an EV chargepoint provider on terms for the installation and operation of chargepoints with several landowners, including public car park operators across England, Wales and Scotland
- Advising Pigeon on the sale of a freehold ground lease for the GRIDSERVE electric forecourt with 36 charging bays at Broadland Gate, Norwich
- Advising a leading smart energy investor on developing a framework agreement with one of the UK’s top 5 energy providers for the financing, procurement, installation and operation of EV charge points in privately owned car parks and other public spaces. This involved developing terms for the operation and maintenance of EVCPs and the associated performance regime.
- Advised a leading EV chargepoint operator owned by one of Europe’s largest renewable energy developers on the development of template install, supply, and maintain contracts for B2B and consumer installations of EV charge points.
- Advised an international trading house on the development of their standard terms and conditions for the supply of electricity to EV charge point operators.
- Oxford City Council on the creation of documentation related to a framework for the operation of EV charging systems throughout the Oxfordshire area. This has included a form of Service Agreement with Key Performance Indicators and required compliance standards, and a form of Lease relating to installing EV charging infrastructure on Council land.
- Advising a leading charging solutions provider on the development of template documents for the appointment of contractors to install EV charging assets and associated infrastructure as part of a national framework now being rolled out with a public sector customer.
- Advising a leading charging solutions provider on its standard terms of business for the installation of EV charging infrastructure.
- Advising a leading charging solutions provider on the terms of national framework agreements for the installation of at-home chargepoints by third party contractors.
- Advised a leading asset manager on the establishment of a framework for the installation and operation of EV charge points in car parks on a nationwide basis, including on the procurement and installation of EV charge points, the supply of electricity for vehicle charging, and the operation and maintenance of the charge points. We also advised on lease arrangements with the car park owners.
- Advising an international roadside retail and forecourt operator on the provision of EV charging facilities at a number of its 350 UK sites, including on grid connection arrangements, regulatory considerations, and the framework lease.
- Advising various leisure sector operators on the rollout of EV charging infrastructure leases across their UK portfolios with the likes of Tesla, Fastned and Osprey, including creating a template suite of documentation, and a streamlined tenant pack and approval process to reduce time and costs in rollout across each site.
- Advised a UK airport in connection with a proposed ‘Electric Forecourt’ to be installed by GridServe (with related food and beverage retail and integrated roof-mounted solar generation), including regulatory advice in relation to electricity supply licencing in the context of connection into the airport’s private electricity network.
- Advised Surrey County Council on template EVCI documentation in connection with their public procurement of an operator to run services across Surrey. We produced template EVCI drafting to include as part of their ITT and remain on hand to support during the competitive tender and future rollout and implementation.
- Advised on a solar carport scheme at one of the UK’s largest leisure attractions, including the lease with the third party infrastructure provider and the terms for supply of solar electricity to the venue.
Meet our team
Philippa Dempster
Senior Partner & London Office Managing Partner
Darren Williamson
Partner & National Head of Real Estate
Kirstin Roberts FCIWM
Director
Contact us today
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