March 13, 2025
Ms. Lummis introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works
To authorize funding for electric vehicle charging infrastructure programs to be used for other highway projects, and for other purposes.
Section 1. Short title
This Act may be cited as the Highway Funding Flexibility Act of 2025
.
Sec. 2. Optimizing use of National Electric Vehicle Infrastructure Formula program funds
(a) Definitions
In this section:
(1) Program
The term program means the program under paragraph (2) in the matter under the heading highway infrastructure programs
under the heading Federal Highway Administration
under the heading Department of Transportation
in title VIII of division J of the Infrastructure Investment and Jobs Act (Public Law 117–58; 135 Stat. 1421) (commonly known as the National Electric Vehicle Infrastructure Formula Program
).
(2) Secretary
The term Secretary means the Secretary of Transportation.
(3) State
The term State has the meaning given the term in section 101(a) of title 23, United States Code.
(b) Optimization of funds
(1) In general
Notwithstanding any other provision of law, any amounts made available under the program that are unobligated as of the date of enactment of this Act—
(A)
shall be used only for—
(i)
the construction, reconstruction, resurfacing, restoration, rehabilitation, or preservation of a Federal-aid highway;
(ii)
a project to replace, rehabilitate, preserve, or protect 1 or more bridges on the National Bridge Inventory under section 144(b) of title 23, United States Code;
(iii)
improvements that reduce the number of wildlife-vehicle collisions, such as wildlife crossing structures;
(iv)
projects to preserve or provide additional parking for commercial motor vehicles that are eligible under section 1401 of MAP–21 (23 U.S.C. 137 note; Public Law 112–141); or
(v)
preliminary engineering, engineering, or design-related services directly related to a project described in any of clauses (i) through (iv); and
(B)
may not be used for the purposes described in paragraph (2) in the matter under the heading highway infrastructure programs
under the heading Federal Highway Administration
under the heading Department of Transportation
in title VIII of division J of the Infrastructure Investment and Jobs Act (Public Law 117–58; 135 Stat. 1421).
(2) Future fiscal years
Notwithstanding any other provision of law, any funds made available for the program for any fiscal year beginning after the date of enactment of this Act shall be distributed to States in accordance with the program on October 1 of that fiscal year and used as described in paragraph (1).
(c) Set-Asides
(1) In general
Notwithstanding any other provision of law, the Secretary shall distribute to States in accordance with paragraph (3)—
(A)
any unobligated amounts under the program that are set aside for the Joint Office described in the program; and
(B)
any unobligated amounts under the program that are set aside for grants to States or localities that require additional assistance to strategically deploy electric vehicle charging infrastructure.
(2) Future fiscal years
Notwithstanding any other provision of law, any funds described in paragraph (1) that are made available for any fiscal year beginning after the date of enactment of this Act shall be distributed to States in accordance with paragraph (3) on October 1 of that fiscal year and used as described in paragraph (4).
(3) Distribution
The amounts distributed under paragraphs (1) and (2) shall be distributed so that each State receives an amount equal to the proportion that—
(A)
the amount apportioned to the State for the applicable fiscal year under section 104(c) or section 165 of title 23, United States Code; bears to
(B)
the total amount apportioned to all States for that fiscal year under section 104(c) and section 165 of that title.
(4) Use of funds
Amounts distributed under paragraphs (1) and (2) shall be used as described in subsection (b)(1).
(d) Treatment
The amounts described in subsections (b) and (c) shall—
(1)
not be subject to any obligation limitation for Federal-aid highway and highway safety construction programs;
(2)
remain available until the date the funds would have remained available under the program; and
(3)
be in addition to any other funding apportioned to States under section 104(c) and section 165 of title 23, United States Code.
(e) Requirements
Amounts described in subsections (b) and (c) shall be—
(1)
except as otherwise provided in this section, administered as if apportioned under chapter 1 of title 23, United States Code;
(2)
subject to the requirements of section 11101(e) of the Infrastructure Investment and Jobs Act (23 U.S.C. 101 note; Public Law 117–58); and
(3)
subject to section 120 of title 23, United States Code.
Sec. 3. Optimizing use of charging and fueling infrastructure grant funds
(a) Definitions
In this section:
(1) Program
The term program means the grant program under section 151(f) of title 23, United States Code.
(2) Secretary
The term Secretary means the Secretary of Transportation.
(3) State
The term State has the meaning given the term in section 101(a) of title 23, United States Code.
(b) Optimization of funds
(1) In general
Notwithstanding any other provision of law, the Secretary shall distribute to States in accordance with paragraph (3) any amounts made available to carry out the program that are unobligated as of the date of enactment of this Act.
(2) Future fiscal years
Any amounts made available to carry out the program for a fiscal year that begins after the date of enactment of this Act shall be distributed to States in accordance with paragraph (3) on October 1 of that fiscal year.
(3) Distribution
The amounts distributed under paragraphs (1) and (2) shall be distributed so that each State receives an amount equal to the proportion that—
(A)
the amount apportioned to the State for the applicable fiscal year under section 104(c) or section 165 of title 23, United States Code; bears to
(B)
the total amount apportioned to all States for that fiscal year under section 104(c) and section 165 of that title.
(4) Uses of funds
Any amounts distributed under paragraphs (1) and (2)—
(A)
shall be used only for the purposes described in section 2(b)(1)(A); and
(B)
may not be used for any purposes described in the program.
(c) Treatment
The amounts described in subsection (b) shall—
(1)
be subject to any obligation limitation for Federal-aid highway and highway safety construction programs;
(2)
remain available until the date the funds would have remained available under the program; and
(3)
be in addition to any other funding apportioned to States under section 104(c) or section 165 of title 23, United States Code.
(d) Requirements
Amounts described in subsection (b) shall be—
(1)
except as otherwise provided in this section, administered as if apportioned under chapter 1 of title 23, United States Code;
(2)
subject to the requirements of section 11101(e) of the Infrastructure Investment and Jobs Act (23 U.S.C. 101 note; Public Law 117–58); and
(3)
subject to section 120 of title 23, United States Code.