[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4440 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 4440
To require the Administrator of the Environmental Protection Agency to
establish a rebate program to promote the purchase and installation of
electric vehicle supply equipment for medium- and heavy-duty vehicles,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 16, 2021
Ms. Barragan (for herself, Ms. Matsui, Ms. Kuster, Ms. Clarke of New
York, Mr. Cleaver, Mr. Lowenthal, Ms. Pingree, Mr. Huffman, Ms. Blunt
Rochester, and Mr. Torres of New York) introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To require the Administrator of the Environmental Protection Agency to
establish a rebate program to promote the purchase and installation of
electric vehicle supply equipment for medium- and heavy-duty vehicles,
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 ``Medium- and Heavy-Duty Electric
Vehicle Infrastructure Act of 2021''.
SEC. 2. FLEET CHARGING REBATE PROGRAM.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Charging equipment ceiling amount.--The term ``charging
equipment ceiling amount'' means, with respect to eligible
equipment that is--
(A) networked level 2 charging equipment, $4,000;
and
(B) networked direct current fast charging
equipment, $100,000.
(3) Covered expense.--The term ``covered expense'' means an
expense that is associated with the purchase and installation
of eligible electric vehicle supply equipment for a medium-duty
electric vehicle or heavy-duty electric vehicle, including--
(A) the cost of electric vehicle supply equipment
hardware;
(B) labor costs associated with the installation of
that hardware, if wages for that labor are paid at
rates not less than those prevailing on labor of a
character similar in the locality of installation, 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'');
(C) material costs associated with the installation
of that hardware, including expenses involving
electrical equipment and necessary upgrades or
modifications to the electric grid and associated
infrastructure that are required for the installation
of that hardware; and
(D) permit costs associated with the installation
of that hardware.
(4) Eligible electric vehicle supply equipment.--The term
``eligible electric vehicle supply equipment'' means a charger
that--
(A) is connected to the electric grid; and
(B) supplies electricity to--
(i) a medium-duty electric vehicle; or
(ii) a heavy-duty electric vehicle.
(5) Eligible equipment.--The term ``eligible equipment''
means any eligible electric vehicle supply equipment or
associated hardware or software that is included on the list of
eligible equipment published by the Administrator under
subsection (c)(2).
(6) Eligible fleet operator.--The term ``eligible fleet
operator'' means an individual, a State, local, Tribal, or
territorial government, a special tax district, a rural
electric cooperative, a port authority, an airport authority,
or a private entity that--
(A) operates a centrally fueled non-transit fleet
of medium-duty electric vehicles or heavy-duty electric
vehicles;
(B) presents a purchase order of eligible medium-
duty electric vehicles or heavy-duty electric vehicles
at the time of application; or
(C) provides such documentation of the operation or
intent to operate a centrally fueled non-transit fleet
of medium-duty electric vehicles or heavy-duty electric
vehicles as the Administrator determines to be
necessary.
(7) Heavy-duty electric vehicle.--The term ``heavy-duty
electric vehicle'' means a non-transit vehicle that--
(A) derives all of the power of the vehicle from
electricity; and
(B) has a gross vehicle weight rating of not less
than 26,000 pounds.
(8) Medium-duty electric vehicle.--The term ``medium-duty
electric vehicle'' means a vehicle that--
(A) derives all of the power of the vehicle from
electricity; and
(B)(i) has a gross vehicle weight rating of--
(I) less than 26,000 pounds; but
(II) not less than 10,000 pounds; or
(ii) is an off-road vehicle with a gross vehicle
weight rating of more than 4,200 pounds.
(9) Multi-port level 2 charger.--The term ``multi-port
level 2 charger'' means networked level 2 charging equipment
that is capable of charging more than 1 medium-duty electric
vehicle or heavy-duty electric vehicle simultaneously.
(10) Networked direct current fast charging equipment.--The
term ``networked direct current fast charging equipment'' means
electric vehicle supply equipment that--
(A) provides a direct current power source; and
(B) is able to connect to a network to facilitate--
(i) data collection; and
(ii) access to the data collected.
(11) Networked level 2 charging equipment.--The term
``networked level 2 charging equipment'' means electric vehicle
supply equipment that--
(A) provides an alternating current power source at
a minimum of 208 volts; and
(B) is able to connect to a network to facilitate--
(i) data collection; and
(ii) access to the data collected.
(12) Rebate program.--The term ``rebate program'' means the
rebate program established under subsection (b).
(b) Establishment.--Not later than January 1, 2022, and subject to
the availability of appropriations, the Administrator shall establish a
rebate program to promote the purchase and installation of electric
vehicle supply equipment for medium-duty electric vehicles and heavy-
duty electric vehicles.
(c) Requirements.--
(1) In general.--The Administrator may provide a rebate
under the rebate program to an eligible fleet operator for the
installation of eligible equipment at an eligible site
described in paragraph (3).
(2) List of eligible equipment.--
(A) In general.--Not later than 90 days after the
date of enactment of this Act, the Administrator shall
publish on the website of the Environmental Protection
Agency a list of eligible equipment for which an
eligible fleet operator may receive a rebate under the
rebate program.
(B) Maintenance and updates.--After the date on
which the list under subparagraph (A) is published, the
Administrator--
(i) shall maintain the list, including
through periodic review and updates; and
(ii) may add additional hardware or
software to the list, if the Administrator
determines that the additional hardware or
software is likely--
(I) to lead to greater usage of
eligible electric vehicle supply
equipment for medium-duty electric
vehicles and heavy-duty electric
vehicles; or
(II) to improve the experience of
users of eligible electric vehicle
supply equipment.
(3) Eligible sites.--An eligible fleet operator may receive
a rebate under the rebate program for the installation of
eligible equipment only if the eligible equipment is installed
at a site that--
(A) is in the United States;
(B) is located on property--
(i) owned by the eligible fleet operator;
or
(ii) on which the eligible fleet operator
has authority to install eligible equipment;
and
(C) serves not fewer than the minimum number of
medium-duty electric vehicles or heavy-duty electric
vehicles that the Administrator determines is required
to be served by a site.
(4) Applications.--
(A) In general.--An eligible fleet operator may
submit to the Administrator an application for a rebate
under the rebate program at such time and in such
manner as the Administrator may require.
(B) Requirements.--An application under
subparagraph (A) shall include--
(i) the estimated cost of covered expenses
to be incurred with respect to the purchase or
installation of eligible equipment for which
the eligible fleet operator seeks a rebate;
(ii) the portion of those covered expenses
that represents the estimated installation cost
of the eligible equipment;
(iii) the address of the location where the
eligible equipment will be installed, which
shall be considered by the Administrator to be
confidential business information;
(iv) the technical specifications of the
eligible equipment, including the maximum power
and amperage of the eligible equipment;
(v) if the eligible fleet operator is
seeking a community benefit bonus under
paragraph (5)(B) or a rural bonus under
paragraph (5)(C), documentation demonstrating
that the eligible fleet operator is eligible
for the bonus; and
(vi) any other information determined by
the Administrator to be necessary for a
complete application.
(C) Review process.--The Administrator shall,
within 90 days of the date on which the Administrator
receives an application under subparagraph (A)--
(i) review the application; and
(ii) approve the eligible fleet operator
submitting the application for a rebate under
the rebate program if the Administrator
determines that--
(I) the application meets the
requirements described in subparagraph
(B);
(II) the rebate would be for the
installation of eligible equipment at
an eligible site;
(III) sufficient amounts will be
made available under this section to
provide the rebate;
(IV) providing the rebate would not
cause the eligible fleet operator to
exceed the limitation described in
paragraph (5)(D)(iii)(I); and
(V) the eligible fleet operator has
complied with all other applicable
requirements of the rebate program.
(5) Rebate amount.--
(A) In general.--The amount of a rebate under the
rebate program shall be, with respect to a project for
which the rebate is sought--
(i) for an eligible fleet operator that is
a public sector or nonprofit entity, equal to
the lesser of--
(I) 80 percent of the covered
expenses; and
(II) the charging equipment ceiling
amount; and
(ii) for an eligible fleet operator that is
a private sector entity that is not a nonprofit
entity, equal to the lesser of--
(I) 50 percent of the covered
expenses; and
(II) the charging equipment ceiling
amount.
(B) Community benefit bonus.--
(i) In general.--Subject to subparagraph
(D)(i), the Administrator shall award an
additional amount, to be known as a ``community
benefit bonus'', to an eligible fleet operator
receiving a rebate under the rebate program if
the majority of the vehicle miles traveled by
the medium-duty electric vehicles and heavy-
duty electric vehicles in the fleet of the
eligible fleet operator are traveled in a
county that, as of the date of enactment of
this Act, is designated as a nonattainment area
for ozone or carbon monoxide under the Clean
Air Act (42 U.S.C. 7401 et seq.).
(ii) Amount of bonus.--With respect to the
rebate received by the eligible fleet operator,
the amount of a community benefit bonus under
clause (i) shall be equal to the lesser of--
(I) 20 percent of the covered
expenses received under the rebate; and
(II) 25 percent of the charging
equipment ceiling amount received under
the rebate.
(C) Rural bonus.--
(i) In general.--Subject to subparagraph
(D)(i), the Administrator shall award an
additional amount, to be known as a ``rural
bonus'', to an eligible fleet operator
receiving a rebate under the rebate program
if--
(I) the eligible fleet operator
uses the rebate to install electric
vehicle supply equipment in a rural
area (as defined in section 101(a) of
title 23, United States Code); and
(II) the majority of the vehicle
miles traveled by the medium-duty
electric vehicles and heavy-duty
electric vehicles in the fleet of the
eligible fleet operator are traveled in
a rural area (as so defined).
(ii) Amount of bonus.--With respect to the
rebate received by the eligible fleet operator,
the amount of a rural bonus under clause (i)
shall be equal to the lesser of--
(I) 20 percent of the covered
expenses received under the rebate; and
(II) 25 percent of the charging
equipment ceiling amount received under
the rebate.
(D) Limitations.--
(i) Limitation on bonuses.--An eligible
fleet operator may not receive both a community
benefit bonus under subparagraph (B) and a
rural bonus under subparagraph (C) with respect
to the same rebate under the rebate program.
(ii) Multi-port level 2 chargers.--The
Administrator shall consider each charging port
on a multi-port level 2 charger to be a
separate unit of electric vehicle supply
equipment for purposes of determining the
amount of a rebate or bonus under this section.
(iii) Maximum amount for active projects.--
An eligible fleet operator may--
(I) separately or simultaneously
apply for, and be awarded, rebates
totaling up to $1,000,000, including
any bonuses received under
subparagraphs (B) and (C), for projects
that, as determined by the
Administrator, are active projects; and
(II) apply for additional rebates
on completion of active projects.
(iv) For-profit entities.--Of the amounts
made available to carry out the rebate program,
not more than 50 percent may be awarded to
eligible fleet operators that are private
sector entities that are not nonprofit
entities.
(v) Alternative fuel vehicle refueling
property credit.--No credit shall be allowed
under section 30C of the Internal Revenue Code
of 1986 for any property with respect to which
a rebate is received under the rebate program.
(6) Agreement to maintain.--To be eligible for a rebate
under the rebate program, an eligible fleet operator shall
enter into an agreement with the Administrator to maintain the
eligible equipment covered by the rebate in a satisfactory
manner for not less than 5 years after the date on which the
eligible fleet operator receives the rebate.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out the rebate program
$250,000,000 for each of fiscal years 2022 through 2025, to remain
eligible until expended.
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