Senator Jeff Merkley (D-Ore.) on August 8 re-introduced the RECHARGE Act, which threatens private investment in electric vehicle charging stations by amending the longstanding federal law prohibiting automotive services at rest areas. NATSO, and a coalition that includes thousands of of businesses that operate at Interstate exit interchanges and local and county governments, strongly opposes the RECHARGE Act.
Allowing EV charging stations at rest areas will discourage private investment in electric fuel by creating an unlevel playing field in which state governments do not have to compete for customers from an advantaged location on the Interstate right-of-way. Since 1960, federal law has prohibited the sale of automotive services and food at state operated rest areas to encourage competition between private businesses located at the Interstate exit interchanges.
Congress directed state transportation departments to work with the private sector to kick-start a nationwide network of electric vehicle charging stations. The Infrastructure Investment and Jobs Act included provisions ensuring that locations for alternative fueling must consider the availability of amenities such as food and restrooms. It refrained from incorporating provisions that would allow states to unfairly compete with the private sector by installing electric vehicle charging stations at rest areas.
Senator Merkley’s bill would undermine private sector investment in EV charging just as U.S. DOT and the Federal Highway Administration have unlocked National Electric Vehicle Charging Infrastructure (NEVI) program funds that state DOTs can utilize to implement EV charging station in coordination with the private sector. The Transportation Department and Secretary Duffy on August 11, 2025, unveiled newly updated NEVI guidance.
FHWA adopted a more flexible, consumer-oriented approach to implementing the NEVI Program, including a key provision that encourages the selection of charging locations where the charging station owner is also the site host.
NATSO has long advocated for this provision, which will accelerate construction timelines and ensure that investments made with public funds are directed to the ideal site locations. NEVI dollars can go the furthest when they mobilize grant recipients to not only install charging stations but also to provide an ongoing, positive consumer experience for EV drivers.
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