Highway Funding Flexibility Act of 2025
- Bill Number
- S. 1066
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Transportation and Public Works
- Status
- Introduced
- Latest Action
- 2025-03-13: Read twice and referred to the Committee on Environment and Public Works.
- Last Updated
- 2026-05-04T13:16:14Z
AI-Generated Summary
Purpose
The Highway Funding Flexibility Act of 2025 aims to redirect funding originally allocated for electric vehicle (EV) charging infrastructure programs toward broader highway improvement projects. This provides states with greater flexibility to address general transportation needs, such as road repairs and bridge maintenance, rather than focusing solely on EV support.
Key Provisions
- Short Title: The bill is titled the "Highway Funding Flexibility Act of 2025."
- Section 2: Redirection of National Electric Vehicle Infrastructure Formula Program Funds:
- Applies to unobligated funds (money not yet committed to projects) from the National Electric Vehicle Infrastructure Formula Program, established under the 2021 Infrastructure Investment and Jobs Act (IIJA).
- These funds must be used exclusively for:
- Construction, reconstruction, resurfacing, restoration, rehabilitation, or preservation of federal-aid highways (major roads funded by the federal government).
- Bridge replacement, rehabilitation, preservation, or protection on the National Bridge Inventory.
- Wildlife crossing structures to reduce animal-vehicle collisions.
- Additional parking for commercial trucks (e.g., semis).
- Related preliminary engineering, design, or planning services.
- Funds cannot be used for EV charging infrastructure.
- Future annual funds (after enactment) will be distributed to states on October 1 and used in the same way.
- Set-aside funds (reserved for a federal Joint Office or grants to states/localities needing extra EV help) will also be redistributed to all states based on their share of overall federal highway funding.
- Funds are exempt from federal spending caps (obligation limits), remain available until their original expiration date, and are added to states' existing highway budgets.
- Administered like standard federal highway funds under U.S. Code Title 23, with requirements for buy-American goods (from IIJA) and federal cost-sharing rules.
- Section 3: Redirection of Charging and Fueling Infrastructure Grant Funds:
- Applies to unobligated funds from the Charging and Fueling Infrastructure Grant Program (under 23 U.S.C. § 151(f)).
- These funds are distributed to states proportionally based on their share of federal highway funding.
- Future annual funds (after enactment) follow the same distribution timeline and proportions.
- Uses are limited to the same highway, bridge, wildlife, truck parking, and engineering projects as in Section 2; cannot fund charging or fueling infrastructure.
- Funds are subject to federal spending caps, remain available until their original expiration, and are added to existing budgets.
- Administered similarly to standard highway funds, with the same buy-American and cost-sharing requirements.
Significant Changes to Existing Law
- Overrides restrictions in the IIJA and related laws that dedicated these funds specifically to EV and alternative fueling infrastructure.
- Shifts distribution from targeted EV grants or formula allocations (including set-asides for coordination or disadvantaged areas) to a proportional state-by-state split based on general highway funding formulas (under 23 U.S.C. §§ 104(c) and 165).
- Removes EV-specific uses entirely for both programs, effectively repurposing them as general highway aid while preserving their availability periods and adding them to baseline funding.
Potential Impacts
- On Government Agencies: The Department of Transportation (DOT) and Federal Highway Administration will administer repurposed funds as regular highway aid, potentially simplifying processes but requiring adjustments to ongoing EV program oversight. States gain more discretion in project selection, which could accelerate road and bridge repairs.
- On Citizens: Improves highway safety, reduces traffic disruptions from poor roads/bridges, enhances truck parking to ease driver shortages, and mitigates wildlife risks. However, it may slow the rollout of EV charging stations, affecting EV owners' access to reliable infrastructure and broader adoption of electric vehicles.
- On International Relations: Minimal direct impact, though reduced focus on EV infrastructure could indirectly affect U.S. commitments to global climate goals (e.g., reducing emissions via cleaner transport), potentially influencing diplomatic discussions on environmental policy.
Main Stakeholders Affected
- States and Local Governments: Primary beneficiaries, receiving redistributed funds for flexible highway use; they must prioritize projects under federal guidelines.
- Department of Transportation (DOT) and Federal Highway Administration: Responsible for fund distribution and oversight; shifts workload from EV-specific programs to general infrastructure.
- Highway Users and Industries: Drivers, commuters, trucking companies, and construction firms gain from better roads, bridges, and parking; wildlife conservation groups may benefit from collision-reduction projects.
- EV Advocates and Manufacturers: Negatively impacted by defunding charging infrastructure, potentially hindering EV market growth and environmental goals.
- Taxpayers and Federal Budget: Ensures unused funds are repurposed rather than lapsing, maximizing value from prior appropriations.
Notable Legal, Constitutional, or Political Implications
- Legal: The bill uses "notwithstanding" clauses to preempt conflicting laws, ensuring enforceability but possibly inviting challenges if seen as undermining congressional intent in the IIJA. It maintains core federal requirements (e.g., buy-American rules), preserving uniformity in highway funding.
- Constitutional: Aligns with Congress's spending power under Article I, allowing redirection of appropriated funds without violating separation of powers; no apparent free speech, due process, or equal protection issues.
- Political: Highlights tensions between infrastructure maintenance and green energy transitions; could appeal to rural or highway-dependent regions but face opposition from climate-focused groups or urban EV promoters. As an introduced Senate bill (S. 1066, 119th Congress), it reflects priorities for fiscal flexibility amid debates on federal spending efficiency.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Sen. Lummis, Cynthia M. [R-WY]
Recent Actions
- 2025-03-13: Read twice and referred to the Committee on Environment and Public Works.
- 2025-03-13: Introduced in Senate
Bill Versions
- Highway Funding Flexibility Act of 2025 — issued 2025-03-13 — PDF (9 pages)