DeSaulnier denounces U.S. Dep’t of Transportation’s upending electric vehicle use as “reckless”
Friday, February 7th, 2025
Rescinds National Electric Vehicle Infrastructure Formula Program Guidance dated June 11, 2024, and all prior versions of this guidance
Congressman issues statement saying it, “leaves American drivers and consumers in the lurch.”
On Friday, February 7, 2025, Congressman Mark DeSaulnier (D-CA10) issued the following statement after the Trump Administration suspended implementation of the National Electric Vehicle Infrastructure (NEVI) Formula Program.
“The transportation sector is the leading source of greenhouse gas emissions in the United States. Electric vehicles (EVs) are crucial to reducing GHG emissions and curbing the existential threat of climate change while also having the potential to save drivers hundreds or even thousands of dollars in gas money annually. Given the obvious benefits of EVs, it is in everyone’s best interest to make it easier for Americans to drive them.
As a former member of the California Air Resources Board and Chairman of the transportation committees in both the California State Assembly and the California State Senate, I have seen firsthand how California’s forward-looking policies on climate change and greenhouse gas emissions drive innovation, economic growth, and job creation. That’s why I authored the Clean Corridors Act, which helped create and fund a $2.5 billion landmark new EV charging infrastructure program through the 2021 Bipartisan Infrastructure Law to make hydrogen fuel cell and electric battery powered cars more accessible and affordable for Americans.
The decision by the Federal High Administration of the Department of Transportation to suspend approvals of State Electric Vehicle Infrastructure Deployment Plans, which are required to receive NEVI funding, undoes the progress these two programs achieved, sets us back in the fight against climate change, and leaves American drivers and consumers in the lurch.
In 2024, China’s share of the global EV market grew to 76%, outpacing the U.S. in sales, and vastly surpassed the U.S. in number of public EV chargers with over 3.2 million public charge points. If the U.S. wants to be a leader in the transportation and energy sectors, we need a strong federal investment in electric vehicles and their charging infrastructure to meaningfully address climate change, help lower energy and transportation costs for Americans, and maintain global competitiveness. As a senior member of the Transportation and Infrastructure Committee, I urge the Secretary of Transportation to reverse this myopic and reckless decision.”
In a Feb. 6, 2025, letter to State Department of Transportation Directors, Emily Biondi, Associate Administrator of the Office of Planning, Environment and Realty wrote:
“The Federal Highway Administration (FHWA) administers several grant programs under which the applicable statutes require the Secretary to apportion grant funds to States under a prescribed statutory formula. The National Electric Vehicle Infrastructure (NEVI) Formula Program is one such program. Most statutory formula programs require the Secretary to make the prescribed apportionments to the States on a specific date and then make the funds available for obligation. See, e.g., 23 U.S.C. 104. The NEVI Formula Program, however, is unique in that this Program requires the Secretary to approve a plan for each State describing how the State intends to use its NEVI funds.1 The State plans are to be developed in accordance with guidance the Secretary provides on how States are to strategically deploy the electric vehicle (EV) charging network.2 The NEVI Formula Program requires the Secretary to approve each State’s plan prior to the obligation of NEVI Formula Program funds for each fiscal year.3
“The new leadership of the Department of Transportation (U.S. DOT) has decided to review the policies underlying the implementation of the NEVI Formula Program. Accordingly, the current NEVI Formula Program Guidance dated June 11, 2024, and all prior versions of this guidance are rescinded. The FHWA is updating the NEVI Formula Program Guidance to align with current U.S. DOT policy and priorities, including those set forth in DOT Order 2100.7, titled “Ensuring Reliance Upon Sound Economic Analysis in Department of Transportation Policies, Programs, and Activities.” The FHWA aims to have updated draft NEVI Formula Guidance published for public comment in the spring. After the public comment period has closed, FHWA will publish updated final NEVI Formula Guidance that responds to the comments received. As result of the rescission of the NEVI Formula Program Guidance, FHWA is also immediately suspending the approval of all State Electric Vehicle Infrastructure Deployment plans for all fiscal years.
“Therefore, effective immediately, no new obligations may occur under the NEVI Formula Program until the updated final NEVI Formula Program Guidance is issued and new State plans are submitted and approved. Instructions for the submission of new State plans for all fiscal years will be included in the updated final NEVI Formula Program Guidance. Since FHWA is suspending the existing State plans, States will be held harmless for not implementing their existing plans. Until new guidance is issued, reimbursement of existing obligations will be allowed in order to not disrupt current financial commitments.”
The letter includes the following footnotes and references:
1 See National Electric Vehicle Infrastructure Formula Program provisos 4-9 of paragraph (2) under the Highway Infrastructure Programs heading in Title VIII, Division J of the Infrastructure Investment and Jobs Act, Pub. L. 117-58; November 15, 2021; 135 Stat.1422. See also Paragraph 5c of FHWA Notice N 4510.895 Apportionment of Fiscal Year 2025 Highway Infrastructure Program Funds for the National Electric Vehicle Infrastructure Formula Program Pursuant to the Infrastructure Investment and Jobs Act as well as Paragraph 5c of FHWA Notices N 4510.863, N 4510.873, and N 4510.883 for the apportionments for Fiscal Years 22, 23 and 24, respectively.
2 See National Electric Vehicle Infrastructure Formula Program provisos 14-15 of paragraph (2) under the Highway Infrastructure Programs heading in Title VIII, Division J of the Infrastructure Investment and Jobs Act, Pub. L. 117- 58; November 15, 2021; 135 Stat.1423.
3 See National Electric Vehicle Infrastructure Formula Program provisos 4-9 of paragraph (2) under the Highway Infrastructure Programs heading in Title VIII, Division J of the Infrastructure Investment and Jobs Act, Pub. L. 117-58; November 15, 2021; 135 Stat.1422. See also Paragraph 5c of FHWA Notice N 4510.895 Apportionment of Fiscal Year 2025 Highway Infrastructure Program Funds for the National Electric Vehicle Infrastructure Formula Program Pursuant to the Infrastructure Investment and Jobs Act as well as Paragraph 5c of FHWA Notices N 4510.863, N 4510.873, and N 4510.883 for the apportionments for Fiscal Years 22, 23 and 24, respectively.
DeSaulnier represents California’s 10th Congressional District in the U.S. House of Representatives which includes portions of Antioch.
Allen D. Payton contributed to this report.