Leasing Land for EV Charging and Battery Storage: Emerging Trends and Opportunities

Jason R. Goldfarb, Esq.
Jason R. Goldfarb, Esq. | Law Office of Jason R. Goldfarb, PLLC

Jason Goldfarb specializes in real estate infrastructure –telecommunications, solar, power storage, and outdoor advertising, with a heavy emphasis on EV charging for the needs of real estate owners, developers, investors, municipalities, and companies in the EV ecosystem that concentrate on parking, mobility, multi-family, commercial, and fleet operations.

On-Demand: March 19, 2025

2 hour CLE

Tuition: $195.00
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Program Summary

Dive into these rapidly evolving sectors with Jason R. Goldfarb as he discusses the critical issues shaping EV Infrastructure and Battery Storage assets. He will cover a range of topics, including the current state of the EV and battery storage markets, federal incentives, and the expectations, benefits, and risks associated with deployment and investment. Additionally, he will discuss essential aspects such as siting, zoning, and permitting, contracts, data privacy and protection, and due diligence. This is a valuable opportunity to learn how to navigate these emerging areas of mobility and technology, focusing on driving positive ROI, mitigating risks, and promoting accountability.

Key topics to be discussed:

  • The EV and battery storage markets
  • Federal incentives
  • Expectations, benefits, and risks of deployment and investment
  • Siting, zoning, and permitting
  • Contracts
  • Data privacy & protection
  • Due diligence

Closed-captioning available

Speakers

speaker_Jason R. GoldfarbJason R. Goldfarb, Esq. | Law Office of Jason R. Goldfarb, PLLC

Jason Goldfarb specializes in real estate infrastructure –telecommunications, solar, power storage, and outdoor advertising, with a heavy emphasis on EV charging for the needs of real estate owners, developers, investors, municipalities, and companies in the EV ecosystem that concentrate on parking, mobility, multi-family, commercial, and fleet operations. He is a nationally recognized thought leader, author, lecturer, podcaster, and news contributor (featured on CNBC, Law 360, JD Supra, etc.), and he obtained his experience working for companies that have owned, managed, developed, built, bought, sold, and invested in billions of dollars of infrastructure.

His practice focuses on start-ups and mature businesses of all sizes and specializes in navigating contracts, investment, and deployment of infrastructure assets.

Jason has extensive experience drafting and negotiating contracts and transactional agreements, with subject matter expertise in purchase and sale agreements, leases, licenses, easements, amendments, title, surveys, and due diligence, and he’s an accomplished attorney and advisor to clients seeking guidance on corporate matters, business structuring, and day-to-day business operations.

Agenda

I. Important stats | 2:00pm – 2:20pm

  • The growth of EV’s in the US
    • Cost and ownership trends
      • Elimination (mostly) of the $7,500 tax credit
      • Counterintuitive thought – Why you should buy a pickup truck instead
      • The “drop” in EV sales
      • Massive corporate investments
    • Climate impact
      • Reduced emissions vs
      • What runs the power plants
      • Mining of mineral resources for batteries
  • New battery and storage technologies
    • How it’s impacting EV’s
    • Let’s talk battery storage
  • What was behind the epidemic of unreliable EV chargers
    • Expected ubiquity
      • Depends on the market
      • Where it’s fallen short
        • Reliability & maintenance
        • Location
        • Payment processing
        • Compatibility of charger types and vehicles
        • The land grab
        • Poor contract drafting
    • Current state
  • What’s happened to Federal incentives?

II. Unique challenges of deployment | 2:20pm – 2:40pm

  • Cost
    • Equipment
    • Power sources & grid distance
    • Installation
  • Lack of (reliable) infrastructure – Why can’t it just “work”?
    • Maintenance
    • Software
    • “Truck rolls”
    • Payment processing
    • Plugs
    • Location
      • Zoning
      • Site plans
      • Convenience
      • Space considerations
    • Charging and storage types
    • Dumb deployments are instructive
  • Compliance
    • Fire safety
    • Insurance
  • Utility hookups and competition
    • You cannot compete with the utility company!
      • Disadvantage
      • Advantage
  • Who pays for usage?
  • Who pays for taking up the space?
  • Co-ops, condos, community associations
    • Declarations or proprietary lease
    • By-laws
    • Rules & regs
    • Condominium Act 339

III. So, you are ready to drive in… | 2:40pm – 3:00pm

  • Should you (lease) let your property be used for EV charging or battery storage?
    • Pros & cons
  • Location, location, location
    • Maximizing utilization rate
    • Minimizing infrastructure cost
    • Encouraging desired customer behavior
    • Avoiding unintended consequences
  • EV charging types – why they matter (a lot!)
    • Level 1 – least expensive
    • Level 2 – $1500-300
    • Level 3 – Six figures , massive power requirements, short grid distance
  • Typical Investment
    • Don’t break the bank
    • Future proof
  • Handling maintenance
    • Who, how, service contract
    • Repairs
    • Upgrades
    • Day-to-day operation
    • Quality of service (practical, see SLA later for contract)
  • Benefits
    • ROI
      • Rent
      • Use of an otherwise unused real estate asset
      • Profit share
      • Amenity
      • Property image
      • Indirect revenue
        • As a service
        • Drive traffic
        • Earn $$$
      • Different tools & structures from low tech to sophisticated billing software
      • Green bona-fides
  • Utility usage/expected “costs”
    • Beware the “peak” power costs
    • Power management – alternatives?
    • Is your grid ready
      • Solar, batteries, & storage
    • Is your power contract ready
    • Is your lease ready
  • Telematics/data – Typically not yours e.g. Tesla
  • Legal documents/structure – Wild west
    • Purchase
    • Lease
    • Easement
    • Profit sharing
    • Length (i.e.) term of agreements
    • This isn’t like “regular” real estate!
  • EV charging software
    • All in-one
      • A La Carte
      • Payments
      • Maintenance
      • Telematics
    • Service contracts SLA
  • Timeline from project start to finish

Break | 3:00pm – 3:10pm

IV. Use cases | 3:10pm – 3:30pm

  • Brownfield & Greenfields
  • Single-family
  • Multi-family
  • Mixed-use & retail
  • Hotels
  • Raw land
  • Shopping Center
  • Adapting the fueling station model
  • Corporate & academic campuses
  • Parking lots & garages
  • Commercial
  • Industrial
  • Fleets
  • Trucking short haul/long haul/last-mile

V. Other projects to consider | 3:30pm – 3:50pm

  • Electrical work
    • New lighting
    • New cameras
    • New meters
    • Upgrade existing service
  • Lot work
    • Re-surface / repaint
    • Change lot layout
    • Add covered stalls
  • Energy work
    • Solar, wind, and other renewables projects
    • More about batteries!
    • Energy efficiency

VI. Final thoughts | 3:50pm – 4:10pm

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Approved for Self-Study Credits
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hours

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2.5 General

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
2 General

Hawaii

Approved for CLE Credits
2.4 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Pending CLE Approval
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hours

Maryland

No MCLE Required
2 CLE Hours

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hours

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General Minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Approved for Self-Study Credits
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hours

Tennessee

Approved for Self-Study Credits
2 General

Texas

Approved for Self-Study Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law & Legal

Receive CLE credit in Washington via attorney submission.
Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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