NAED’s Government Relations department is keeping our members updated about current happenings in D.C. The latest Washington Wire is here, recapping current events such as the current state of the government shutdown, incentives for rural opportunity zones, EPR laws in Oregon and California, a new FERC ruling, and states are moving quickly on EV charger funds.
Federal Government Shutdown Continues
The federal government has been shut down for more than three weeks, with no end in sight as leaders are locked in a stalemate.
The shutdown began on October 1 when Congress failed to approve 2026 spending bills. Republicans, who hold majorities in both chambers, support a short-term funding bill to allow more time to finalize spending packages.
Typically, when lawmakers fail to pass all appropriations bills before the start of the new fiscal year, a continuing resolution (CR) is passed to maintain current funding levels to keep the government operating.
The House passed a CR in September, but the Senate blocked it over disagreements tied to extending the Affordable Care Act subsidies set to expire at the end of the year.
Senate Republicans have urged reopening the government before addressing healthcare negotiations.
NAED wants to hear how members are affected by the shutdown. If your company has an example to share, contact Bud DeFlaviis at bud@naed.org.
New Incentives for Rural Opportunity Zones
The Treasury Department has identified over 3,300 rural Opportunity Zones eligible for new investment incentives under the “One Big Beautiful Bill Act.”
Investors in these areas now only need to make half as many improvements to qualify for tax breaks. For instance, a $1 million property now requires $500,000 in upgrades instead of a full match.
The change aims to help rural communities benefit more from the Opportunity Zone program, originally created under the 2017 Tax Cuts and Jobs Act. Treasury’s notice applies to existing zones, with additional guidance expected on new areas covered by the law.
NAED Comments on EPR Laws in Oregon and California
Following earlier comments to the Department of Justice, NAED raised similar concerns with Oregon and California over Extended Producer Responsibility (EPR) laws, which make producers responsible for packaging waste.
In Oregon, NAED questioned the Circular Action Alliance’s (CAA) classification of distributors as “producers,” the lack of oversight, and the PRO’s authority to impose fees without transparency. NAED urged a delay in implementation until pending legal challenges are resolved.
In California, NAED and 13 other organizations asked CalRecycle and the CAA to delay reporting deadlines under SB 54 until final regulations are complete. Draft rules were only released in August, and the current November 15 deadline leaves businesses uncertain about reporting requirements and compliance obligations.
FERC Repeals Pipeline Construction Rule
The Federal Energy Regulatory Commission (FERC) repealed Order 871, which had prevented pipeline and natural gas construction from starting during certain appeals.
Supporters say the repeal will speed up projects and reduce delays. Critics argue it weakens transparency and limits community input. FERC Chair David Rosner said the move reflects the agency’s effort to accelerate energy development while maintaining public protections.
States Move Quickly on EV Charger Funds
More than 40 states are racing to access billions in federal funds for EV charging networks from the National Electric Vehicle Infrastructure (NEVI) program.
After a court ruling forced the release of previously frozen funds, states gained new flexibility under August guidance that dropped the 50-mile charger placement rule.
So far, 44 states have submitted revised plans, and 30 have been approved.
Industry analysts say a slowdown in EV sales could help the charging network catch up. Still, with roughly one charger for every 30 EVs on U.S. roads, the private sector is expected to lead future expansion.
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