In May 2025, the U.S. Department of Energy (DOE) proposed a change to how it applies accessibility requirements under Section 504 of the Rehabilitation Act. The proposal, submitted quietly to the Federal Register with little public attention, would remove a long-standing rule that ensures new construction projects funded by the agency are accessible to people with disabilities.
Although this may seem like a narrow or technical change, it raises important questions. How should access be addressed in publicly funded infrastructure? And what does this shift signal about the federal government’s approach toward access and inclusion?
A Quiet Rule with Wide Implications
The Department used a procedural tool known as a direct final rule, which allows for quicker implementation by shortening the public comment period. This approach is typically reserved for routine, noncontroversial updates. In this instance, however, the rule rescinds 10 C.F.R. § 1040.73, a regulation that has served as a foundation for promoting accessible design in DOE-funded projects for decades.
The Department argues that the rule is outdated and overlaps with other federal obligations. However, it has not specified what mechanisms will take its place. This lack of clarity has prompted concern from legal experts and advocates for equitable access, who worry that eliminating this rule without clear alternatives may lead to gaps in enforcement and inconsistent design practices.
What Projects Could Be Affected?
The Department of Energy supports a wide array of infrastructure projects, including:
- Federal buildings such as offices, research labs, and military facilities;
- Community structures like public schools, parks, and libraries funded through energy efficiency grants;
- Electric vehicle charging stations across interstate corridors;
- Technology campuses, including smart housing developments and net zero energy facilities;
- Renewable energy sites, such as wind farms and battery storage centers; and
- Commercial ventures supported by DOE’s loan and innovation programs.
Many of these projects involve collaboration with other federal or state entities that must still comply with Section 504. However, without this DOE-specific rule, standards could become less consistent, particularly in projects where the Department plays a leading role.
The Broader Impact: Education, Workforce, and Opportunity
Beyond physical infrastructure, changes to how accessibility is enforced can ripple across other sectors. Education and workforce development are closely tied to federal investments in clean energy, science, and emerging technologies. DOE-funded research hubs, training centers, and STEM outreach programs often take place in or depend on accessible facilities.
If accessibility standards are relaxed or inconsistently applied, students and job seekers with disabilities may face barriers to participating in programs designed to prepare them for careers in high growth fields. This includes apprenticeships in green technology, technical education in energy systems, and workforce training tied to national climate goals.
For educational institutions, especially those receiving DOE support for energy upgrades or innovation partnerships, uncertainty about federal accessibility requirements may lead to confusion or unintentional noncompliance. The result could be a missed opportunity to create environments where all learners and workers succeed.
Beyond Energy: Housing, Healthcare, and Transportation
DOE’s influence also extends indirectly into sectors like housing, healthcare, and transportation, areas that are deeply interconnected with infrastructure policy.
Clean energy initiatives often support new residential developments and retrofitting programs. If accessibility guidance becomes weaker or more fragmented, housing projects aiming to meet sustainability standards may fall short in meeting the needs of older adults, residents with mobility challenges, and other disability-related needs.
Healthcare facilities, especially those modernized through energy efficiency incentives or located in federally supported innovation zones, also stand to be affected. Accessible design in clinics, community health centers, and wellness hubs is essential for equitable health outcomes. Even small shifts in regulatory expectations can influence how these spaces are built and who can use them comfortably.
Transportation is another closely related sector. The buildout of electric vehicle infrastructure, an area where DOE plays a central role, must consider how drivers and passengers with disabilities can access, use, and benefit from these technologies. Without clear accessibility standards, these networks risk becoming uneven and unintentionally less welcoming or accessible to some users.
Innovation, Speed, and Public Access
The DOE’s proposal comes at a time of heightened attention to clean energy, artificial intelligence, and modern infrastructure. As the federal government moves quickly to meet climate and technology goals, agencies are under pressure to streamline processes and deliver results.
The drive to move quickly may help explain the decision to revisit long-standing regulations. However, the Department has offered limited explanation—describing the rule as unnecessary without presenting a clear alternative. This leaves some uncertainty about whether accessibility is receiving adequate attention amid the push for faster progress.
Is This a Singular Move or a Signal to Others?
So far, no other federal agencies have proposed similar changes. However, some observers note that the DOE’s approach could set a precedent. If this method of adjusting access protections is viewed as acceptable, it could lead to similar changes in agencies overseeing housing, transportation, education, or labor.
Whether this concern materializes may depend on legal interpretations, the degree of public engagement, and how strongly inclusive infrastructure continues to be valued in policy decisions.
It is worth noting that Section 504 remains in force as federal law. The DOE is not attempting to eliminate that law but to alter how it is applied within its programs. Whether that approach will withstand legal and policy review remains to be seen.
How You Can Stay Involved
Even though the formal public comment period has ended, there are still ways to engage:
- Share your perspective with elected officials to emphasize the importance of inclusive design in public projects;
- Support organizations that promote access and equal opportunity in education, employment, housing, and public services; and
- Stay informed about legal updates and watch for responses from other federal or state agencies
States also have the authority to exceed federal minimums. Many already do, particularly in areas like education, transportation, and healthcare, setting a higher bar for accessibility and inclusion.
Inclusion as Infrastructure
The Department of Energy’s proposal may not immediately reshape public construction, but it reflects a shift in how one federal agency views its role in promoting access. Whether this turns out to be a narrow administrative change or part of a broader trend, it invites reflection on the values embedded in our public infrastructure.
Accessibility goes beyond design—it signals who is included and supported. As federal investments shape the future of public spaces, services, and workplaces, it’s important to consider not just how quickly progress happens, but who that progress serves. Looking ahead, how can efforts to expand and modernize infrastructure also reflect a commitment to inclusion? Prioritizing accessibility from the outset offers a practical way to support broader participation and ensure that progress benefits as many people as possible.
Discover more from Wiley's Walk
Subscribe to get the latest posts sent to your email.