USDOT Overhauls $5B Electric Charging Infrastructure Program, Cuts Biden-Era Requirements

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USDOT says 84% of NEVI funds were unobligated when the program was frozen several months ago.
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Six months after the Trump administration froze $5 billion in federal funding for states to build electric vehicle charging stations, the U.S. Department of Transportation has rolled out new guidance for how those funds will be spent.

USDOT Secretary Sean Duffy says new guidance for the National Electric Vehicle Infrastructure Formula Program is effective immediately to streamline applications, provide states with more flexibility, remove red tape from the program and bring it in line with Trump’s priorities.

USDOT provided the following summary of changes:

  • Minimizes the content in state plans to statutory and regulatory requirements.
  • Simplifies the state plan approval process.
  • Aligns community engagement with regulatory requirements and reduces consultation requirements to advance projects.
  • Provides states with flexibility to determine the appropriate distance between stations along alternative-fuel corridors to allow for reasonable travel.
  • Minimizes requirements for states to consider electric-grid integration and renewable energy.
  • Accelerates project delivery by encouraging selection of charging locations where station owners are also the site host.
  • Eliminates requirements for states to address consumer protections, emergency evacuation plans, environmental siting, resilience and terrain considerations.
  • Provides states with more flexibility to determine when their system is built out, allowing NEVI funds to be used on public roads statewide.

USDOT claimed the Biden administration added requirements to the NEVI program that were “difficult to understand and implement.” According to USDOT, when Duffy and the Federal Highway Administration froze and began reviewing the NEVI funds earlier this year, 84% of its funds remained unobligated.

Among the Biden-era language removed from the NEVI guidance are references to engaging with underserved communities, targeting benefits to disadvantaged communities, promoting minority-owned and women-owned businesses and ways for EV charging to support emergency and evacuation needs.

States were given 30 days to submit their new EV Infrastructure Deployment Plans to USDOT. The full text of the new guidance can be found here.

The Trump administration’s freezing of NEVI funds attracted the attention of the U.S. Government Accountability Office in May, and a subsequent GAO report claimed the White House had overstepped its legal authority in freezing those funds approved by Congress. USDOT was told by the White House to ignore the GAO’s report, which is not legally binding.

Duffy said in the press release announcing the changes that, while he doesn’t agree with the program, USDOT will “respect Congress’ will and make sure this program uses federal resources efficiently.”

Rescinding policies and programs that support EVs was an immediate goal for Trump’s administration.

The “Unleashing American Energy” executive order, signed by Trump January 20 under the premise of “terminating the green new deal," paused the disbursement of some funds from the Inflation Reduction Act of 2022 and $2 trillion Infrastructure Investment and Jobs Act. The order stated that it applied to “including but not limited to funds for electric vehicle charging stations made available through the National Electric Vehicle Infrastructure Formula Program and the Charging and Fueling Infrastructure Discretionary Grant Program.”

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The NEVI program was created under Biden's $1.2 trillion infrastructure law in 2022. The program promised states would receive $5 billion over five years to install chargers around the country.

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