Two weeks ago, the Federal Highway Administration (FHWA) took a significant step forward by releasing Interim Final Guidance pertaining to the National Electric Vehicle Infrastructure (NEVI) Formula Program. Public comments regarding this guidance are due tomorrow.
This new guidance could indicate a wider reopening of the program, which would undoubtedly be positive news for the billions of dollars currently held up since the program was suspended in February of this year. However, it’s worth noting that some states have already had the opportunity to resume their activities thanks to court-ordered relief. More on that later.
Despite this new development, I remain cautious about the likelihood of a swift and effective resumption of fund allocations to support electric vehicle (EV) charger installations. Unless I see substantial changes, I remain skeptical. Additionally, I harbor concerns regarding the potential drawbacks of minimizing safeguards that were previously in place to ensure the equitable distribution of EV charging infrastructure. The removal of requirements pertaining to safety, disaster preparedness, and accessibility to the benefits of EV infrastructure for underserved communities is troubling.
Just before the transition of presidential administrations in January, I authored a blog post which examined the NEVI Program’s implementation, highlighting both progress made and areas needing improvement. The statistics I outlined showed that by January 2025, the program had issued hundreds of awards, opened nearly two hundred chargers, and built foundational capacity within state departments of transportation to expedite project execution. While there is room for enhancement, characterizing the program as a failure—as the U.S. Department of Transportation has done in its recent guidance—overlooks numerous achievements, instead focusing solely on one inconclusive metric: the percentage of unobligated funds. One of the program’s greatest successes has been establishing transparent and deliberate processes handling public funds, which is crucial for public trust.
Moreover, I previously hinted at concerns regarding whether the incoming administration would sustain the NEVI Program’s foundational progress. Unfortunately, the early answer became a resounding “no,” accompanied by substantial operational disruptions.
EV Charging Projects Frozen: A Significant Disruption
A significant roadblock arose in February when the FHWA issued a memo rescinding all prior NEVI guidance and state plan approvals, effectively freezing new obligations under the program. This legally questionable move hindered numerous states, leaving them unable to pay contractors engaged in grant-awarded projects and leading to a domino effect of program suspensions.
In response to this unexpected freeze, 14 states filed lawsuits against the federal government while several public interest nonprofit organizations sought interventions as well. This led many states to secure injunctive relief, allowing some to proceed while others remained stranded, awaiting updated guidance.
Are Changes Ahead? Insights from New Guidance
The memo announcing the funding freeze suggested that updated NEVI Program guidance would follow in the spring. However, I knew better than to expect changes immediately, and true to form, the Interim Final Guidance arrived later than anticipated. Despite some reports suggesting the most significant loss was the scrapping of the requirement for spaced stations every 50 miles, the reality is far more concerning.
The new guidance has discarded numerous pages of prior instructions in favor of a streamlined six-page framework reiterating what was already outlined in the Bipartisan Infrastructure Law regarding the NEVI Program. While it does incorporate some minimum standards related to data reporting and community engagement outcomes, many critical elements aimed at ensuring equitable access have been lost.
The extent to which these changes could affect disadvantaged communities is particularly alarming. Goals previously established to engage and uplift these communities are now sidelined, and states may face new challenges in providing adequate EV charging options. The absence of practical concerns, such as safety protocols during adverse weather conditions, raises serious questions about the deployment’s viability and effectiveness across states.
While some states may continue to embrace the spirit of former guidance, pursuing fairness and inclusivity in their plans, others may exploit the lax regulations to cut corners. The lack of comprehensive reporting could result in a disconnect between public spending and tangible local benefits.
Signals Indicating Inadequate Commitment to Program Success
One of the most significant outcomes of the FHWA’s backtrack on guidance was a delay in program implementation that stretches beyond the anticipated timeline—especially for those states without injunctive relief. The absence of a set deadline for reviewing state plans further complicates the situation, suggesting a deliberate strategy to stall progress.
Three key aspects of the Interim Final Guidance point to an insufficient commitment to effective spending and achieving program goals:
1. **Limited Feedback Timeframe**: The feedback window provided is merely two weeks post-issuance of the interim guidance for stakeholders to respond—a time frame too short for substantive input, meaning states face an uphill battle in addressing the feedback before their plans are due.
2. **Guidance Gaps**: The guidance now has omitted necessary details, particularly around community engagement and defining “disadvantaged communities,” resulting in a likelihood of uneven compliance and hollow engagement efforts across different states.
3. **Absence of Success Measurement Framework**: The FHWA’s failure to adopt a comprehensive performance management framework—such as that recommended by the Government Accountability Office—represents a missed opportunity to ensure clarity and accountability concerning the program’s achievements.
What Lies Ahead for the NEVI Program?
It is my hope that I will be proven wrong in my cautious expectations regarding the NEVI Program’s future effectiveness. If states manage to install EV chargers under the updated, albeit stripped-down guidance, we could witness some benefits from these investments. Nevertheless, the challenges raised highlight significant risks regarding accessibility and equity in deployment.
Ultimately, whether further disturbances will affect the NEVI Program remains contingent on forthcoming state plan approvals. The coming months will be critical in determining how effectively states can navigate these new waters, ensuring safe, accessible, and equitable charging infrastructure.
