[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5770 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 5770
To establish a national network of electric vehicle charging stations,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 6, 2020
Mr. Levin of Michigan (for himself and Ms. Ocasio-Cortez) introduced
the following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committee on Transportation and
Infrastructure, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish a national network of electric vehicle charging stations,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electric Vehicle Freedom Act'' or
the ``EV Freedom Act''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds the following:
(1) Electric vehicles will play an important role in
transitioning to a cleaner transportation system that protects
Americans' health and our planet. According to the United
States Department of Energy, electric vehicles ``produce fewer
emissions that contribute to climate change and smog than
conventional vehicles.''
(2) Electric vehicles are becoming more popular among
American consumers. United States sales of electric vehicles
increased 27 percent between 2016 and 2017, and 81 percent
between 2017 and 2018.
(3) Access to electric vehicle charging stations is
currently insufficient to meet consumer demand. According to
the National Renewable Energy Laboratory, ``two key areas of
needed improvement in actual vehicle charging are speed
(reducing battery charging times) and coverage (having adequate
and accessible charging stations)''.
(4) Demand for publicly accessible electric vehicle
chargers is projected to grow. At the end of 2017, there were
an estimated 17,000 electric vehicle direct current fast
charging stations with 55,000 electric vehicle direct current
fast charging plugs available in the United States. Estimates
by the National Renewable Energy Laboratory suggest that, by
2050, between 106,000 and 138,000 stations with 343,000 and
447,000 plugs could be needed to meet consumer demand.
(5) Failure to expand access to publicly accessible
electric vehicle chargers will prevent the wider adoption of
electric vehicles and, therefore, hinder progress towards a
more sustainable transportation system. According to a study
produced by the Michigan Energy Office and Michigan State
University, ``limited charging infrastructure for electric
vehicles has been one of the main barriers in adopting these
vehicles''.
(6) Expediting the wider adoption of electric vehicles will
require considerable changes to consumer behavior, which will
not be possible without the creation of necessary
infrastructure. According to a study produced by the
Transportation Research Board and National Research Council,
``adoption and diffusion of new innovations can be a long-term,
complicated process that is especially slow for products that
cost tens of thousands of dollars and where consumers have
questions about infrastructure availability, resale value, and
other variables'', and ``a perception of a lack of public
charging infrastructure might hinder [plug-in electric vehicle]
deployment.'' Thus, greatly expanding access to publicly
accessible electric vehicle chargers will be essential to
changing consumer behavior radically and, accordingly,
accelerating the wider adoption of electric vehicles.
(b) Purpose.--The purpose of this Act is to establish a network of
electric vehicle charging stations along eligible roads so that the
United States may lead the world in protecting the environment while
improving consumer experiences. The implementation of this Act will
encourage the widespread adoption of light-, medium-, and heavy-duty
electric vehicles by--
(1) eliminating ``range anxiety'';
(2) allowing drivers to charge vehicles more quickly; and
(3) ensuring that vehicle charging is equitably accessible
and reasonably priced, enabling long-distance travel along
eligible roads.
(c) Definitions.--In this Act:
(1) Eligible road.--The term ``eligible road'' means a road
that--
(A) is part of the National Highway System (as such
term is defined in section 101 of title 23, United
States Code); and
(B) is a public road (as such term is defined in
section 101 of title 23, United States Code).
(2) Publicly available evse.--
(A) In general.--The term ``publicly available
EVSE'' means electric vehicle supply equipment and any
associated parking spaces designated by the property
owner or lessee to be available to, and accessible by,
the public for any period of time, including electric
vehicle supply equipment and associated parking spaces
located in garages or gated facilities if any member of
the public can obtain vehicular access to the facility
for free or through payment of a fee.
(B) Exclusion.--The term ``publicly available
EVSE'' does not include electric vehicle supply
equipment and any associated parking spaces in a
workplace if the electric vehicle supply equipment and
associated parking spaces are clearly marked and
operated as available exclusively to employees or
contracted drivers.
(3) Renewable energy source.--The term ``renewable energy
source'' means a renewable source of generated energy,
including the following:
(A) Solar, including electricity.
(B) Wind.
(C) Ocean, including tidal, wave, current, and
thermal.
(D) Geothermal, including electricity and heat
pumps.
(E) New hydroelectric generation capacity achieved
from increased efficiency or additions of new capacity
at an existing hydroelectric project after January 1,
1999.
SEC. 3. NATIONAL NETWORK OF ELECTRIC VEHICLE CHARGING STATIONS ALONG
ELIGIBLE ROADS.
(a) Plan.--The Secretary of Transportation, in coordination with
the Secretary of Energy, shall devise a plan to create a network of
publicly available EVSE along eligible roads.
(b) Submission.--Not later than 3 years after the date of enactment
of this Act, the Secretary of Transportation and the Secretary of
Energy shall submit the plan to the Speaker of the House of
Representatives, the Minority Leader of the House of Representatives,
the Majority Leader of the Senate, the Minority Leader of the Senate,
and the Chairs and Ranking Members of--
(1) the Committee on Transportation and Infrastructure of
the House of Representatives;
(2) the Committee on Environment and Public Works of the
Senate;
(3) the Committee on Energy and Commerce of the House of
Representatives;
(4) the Committee on Energy and Natural Resources of the
Senate;
(5) the Subcommittee on Transportation, Housing and Urban
Development, and Related Agencies of the Committee on
Appropriations of the House of Representatives;
(6) the Subcommittee on Transportation, Housing and Urban
Development, and Related Agencies of the Committee on
Appropriations of the Senate;
(7) the Subcommittee on Energy and Water Development, and
Related Agencies of the Committee on Appropriations of the
House of Representatives; and
(8) the Subcommittee on Energy and Water Development of the
Committee on Appropriations of the Senate.
(c) Considerations.--The Secretary of Transportation and the
Secretary of Energy shall consider the following in developing the
plan:
(1) The distance between publicly available EVSE locations.
(2) Connections to the electric grid, including electric
distribution upgrades that account for charging during peaking
periods, and plans for the use of renewable energy sources to
power charging and energy storage.
(3) The ability to incorporate technologies not yet
invented or technically feasible, or infrastructure that can
allow the addition of new capabilities and functionalities as
they become available.
(4) The number of charging stations at each publicly
available EVSE location, accounting for dense corridors where
multiple stations or a greater number of charging ports at the
location are necessary and for rural corridors where special
considerations will need to be made for less dense corridors
that will still require publicly available EVSE placement.
(5) The placement of publicly available EVSE within parking
facilities and other locations, including recommendations for
promoting efficient dwell times based on best practices.
(6) The availability of onsite amenities for vehicle
operators, including restrooms or food facilities.
(7) The long-term operation and maintenance of publicly
available EVSE, including consideration of the need for
expanded capacity resulting from increasing demand into the
future, to avoid stranded assets and protect the investment of
public funds in that infrastructure.
(8) A maximum distance for publicly available EVSE
placement off of eligible roads.
(9) Existing private as well as national, State, local,
Tribal, and territorial government electric charging
infrastructure incentives and programs, including alternative
fueling corridor networks.
(10) Pricing guidelines that enable operators of publicly
available EVSE to allow free charging or impose a fee for
charging, promoting a consistent, reliable consumer charging
and payment experience.
(11) Publicly available EVSE placement and construction in
communities in which climate change, pollution, or
environmental destruction have exacerbated systemic racial,
regional, social, environmental, and economic injustices by
disproportionately affecting indigenous peoples, communities of
color, migrant communities, deindustrialized communities,
depopulated rural communities, the poor, low-income workers,
women, the elderly, the unhoused, people with disabilities, or
youth.
(d) Consultations.--In developing the plan, the Secretary of
Transportation and the Secretary of Energy shall consult with
stakeholders, including the following:
(1) Federal partners, including the Secretary of the
Interior and the Administrator of the Environmental Protection
Agency.
(2) State, local, Tribal, and territorial governments,
including State air quality and utility regulators.
(3) Metropolitan planning organizations.
(4) Unionized labor groups.
(5) Environmental and environmental justice organizations.
(6) Automobile and truck manufacturers.
(7) Electric utilities.
(8) Infrastructure providers.
(9) Technology providers.
(10) Software and network services providers.
(11) Infrastructure construction and component parts
suppliers.
(12) Multi-State and regional entities.
(13) Fuel station owners and operators.
(14) Fleet owners.
(15) Fleet managers.
SEC. 4. TRANSPORTATION RESEARCH BOARD REPORT ON FINANCING THE PLACEMENT
OF ELECTRIC VEHICLE CHARGERS.
(a) In General.--The Secretary of Transportation shall commission
the Transportation Research Board of the National Academy of Sciences
to conduct a study on options for financing the placement of publicly
available EVSE along eligible roads that includes consideration of
financial instruments and optimization of public-private partnerships.
(b) Deadline.--The Secretary shall submit to Congress the study
commissioned under subsection (a) not later than 2 years after the date
of enactment of this Act.
SEC. 5. ESTABLISHMENT OF NETWORK OF ELECTRIC VEHICLE CHARGERS ALONG
ELIGIBLE ROADS.
(a) Plan Implementation.--Not later than 5 years after the date of
enactment of this Act, using the plan developed pursuant to section 3
and the recommendations in the report described in section 4, the
Secretary of Transportation and the Secretary of Energy shall complete
the establishment of a national network of publicly available EVSE.
(b) Grant Program.--
(1) Establishment.--Not later than 3 years after the date
of enactment of this Act, the Secretary of Transportation in
coordination with the Secretary of Energy shall establish a
competitive grant program to award grants to eligible entities
to implement the plan developed in section 3 of this Act.
(2) Applications.--To be eligible to receive a grant under
this subsection, an eligible entity shall submit to the
Secretary of Transportation and the Secretary of Energy an
application at such time, in such manner, and containing such
information as the Secretary of Transportation and the
Secretary of Energy shall require.
(3) Priority.--In selecting grant recipients, the Secretary
of Transportation and the Secretary of Energy shall give
priority to applications consistent with the plan developed
pursuant to section 3 of this Act.
(4) Use of funds.--An entity receiving a grant under this
subsection shall only use the funds in accordance with this
paragraph to contract with a private entity for acquisition and
installation of publicly available EVSE that is directly
related to the charging of light-, medium-, and heavy-duty
vehicles.
(5) Eligible entity defined.--In this subsection, the term
``eligible entity'' means--
(A) a State;
(B) a unit of local government;
(C) a transit agency;
(D) a port authority;
(E) an Indian tribe (as such term is defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304));
(F) a for-profit business enterprise or non-profit
organization; and
(G) a group of entities described in subparagraphs
(A) through (F).
(c) Requirements.--The following requirements apply with respect to
the construction of new publicily available EVSE along eligible roads:
(1) Charging infrastructure placement.--The distance
between publicly available EVSE shall be such that--
(A) a driver starting at any point along an
eligible road in the continental United States can
drive to any other point along an eligible road within
the continental United States without running out of
charging power; and
(B) a driver starting at any point along an
eligible road within Hawaii, Alaska, or Puerto Rico can
drive to any other point along an eligible within that
same State or territory without running out of charging
power.
(2) Charging speed.--
(A) In general.--Charging speed minimum standards
shall be set by the Secretary of Transportation and the
Secretary of Energy and evaluated every 2 years until
the feasible speed of charging standard meets or
exceeds the equivalency of average internal combustion
vehicle refueling times.
(B) Update.--The Secretary of Transportation and
the Secretary of Energy may update the minimum
standards set under subparagraph (1) after an
evaluation described in such subparagraph.
(3) Interoperability.--Federal funds provided by this Act
may not be used to construct any publicly available EVSE that
has the ability to serve vehicle produced by only one vehicle
manufacturer.
(4) Payment methods.--Payment methods are implemented that
ensure secure, convenient, fair, and equal access, including
with credit card readers and the display of toll-free calling
information for credit card payment or support, as well as the
protection of personal privacy and cybersecurity.
(5) Provision of information.--Information on publicly
available EVSE location, station operator contact information,
number of simultaneous refueling positions, and real-time
availability shall be made publicly available and easily
accessible.
(6) ADA.--Publicly available EVSE shall be accessible in
compliance with the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.).
(7) Buy america and wage requirements.--
(A) Buy america.--The construction of publicly
available EVSE shall prioritize the need for high
domestic content by observing the following Buy America
provisions:
(i) None of the funds appropriated or
otherwise made available by this Act may be
used for a project for the construction,
alteration, maintenance, or repair of publicly
available EVSE unless all of the iron, steel,
and manufactured goods used in the project are
produced in the United States.
(ii) Clause (i) shall not apply in any case
or category of cases in which the head of the
Federal department or agency involved finds
that--
(I) applying clause (i) would be
inconsistent with the public interest;
(II) iron, steel, and the relevant
manufactured goods are not produced in
the United States in sufficient and
reasonably available quantities and of
a satisfactory quality; or
(III) inclusion of iron, steel, and
manufactured goods produced in the
United States will increase the cost of
an overall project by more than 25
percent.
(iii) If the head of a Federal department
or agency determines that it is necessary to
waive the application of this subparagraph
based on a finding under subparagraph (B), the
head of the department or agency shall publish
in the Federal Register a detailed written
justification as to why the provision is being
waived.
(iv) This paragraph shall be applied in a
manner consistent with United States
obligations under international agreements.
(B) Wage rate requirement.--The Secretary of
Transportation and the Secretary of Energy shall
require that each recipient of support under this
section provide reasonable assurance that all laborers
and mechanics employed in the performance of the
project for which the assistance is provided, including
those employed by contractors or subcontractors, will
be paid wages at rates not less than those prevailing
on similar work in the locality as determined by the
Secretary of Labor in accordance with subchapter IV of
chapter 31 of part A of subtitle II of title 40, United
States Code (commonly referred to as the ``Davis-Bacon
Act'').
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated--
(1) for carrying out section 3, such sums as may be
necessary, to be available until expended;
(2) for carrying out section 4, such sums as may be
necessary, to be available until expended; and
(3) for carrying out section 5, such sums as may be
necessary, to be available until expended.
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