United States Department of Transportation reviews EV charger program amid state opposition; 84% of funds remain unobligated as 16 states file lawsuit against review

Majority of States Suing Have Spent Less Than a Third of Their Funds Despite Urgency Claims

WASHINGTON, D.C. – U.S. Transportation Secretary Sean P. Duffy today issued the following statement in response to the 16 states and the District of Columbia attempting to block the U.S. Department of Transportation’s lawful update of the Biden-Buttigieg National Electric Vehicle Infrastructure (NEVI) Formula Program.

NEVI was established to fund states’ deployment of EV charging infrastructure, but the program’s convoluted structure has made it nearly impossible to utilize. In February, Secretary Duffy and the Federal Highway Administration launched a review of the program’s inefficient guidance and failed performance. 

“The Biden-Buttigieg Administration failed miserably to deliver EV chargers despite their promises. Congress gave the Secretary the authority to issue program guidance and ensure money is being spent efficiently, and that’s exactly what we are doing. It’s rich that California has joined this lawsuit, given that California has spent billions of taxpayer dollars on a boondoggle rail project that has yet to lay a single piece of track,” said U.S. Transportation Secretary Sean P. Duffy. 

Reminder:

Three and a half years since the NEVI Formula Program was enacted: 

• Approximately 84% of NEVI Formula Program funds remain unobligated. 
• 75% of the states that filed a lawsuit to block DOT’s review have failed to spend even a third of the funds they’ve received. 
• Nearly a quarter of states participating in the lawsuit have spent less than 10% of their funds. 
• California and Washington have used just 1% of their allocation. 

Recap of USDOT Review of Failed Implementation of EV Program: 

USDOT continues reviewing the policies underlying the implementation of the NEVI Formula Program.  

• In this unique program, Congress granted the Secretary authority to issue guidance for States and localities to strategically deploy electric vehicle charging infrastructure. 
• The Biden-Buttigieg Administration wasted time, money, and public trust in implementing the program. 
• The Federal Highway Administration (FHWA) is working to streamline the NEVI Formula Program Guidance to align with the Trump Administration’s priorities of safety, efficiency, and innovation. 

During review process:  

• No new obligations may occur under the Program. 
• Reimbursement of existing obligations will continue.