[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9182 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 9182
To establish a national network of electric vehicle charging stations,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 14, 2022
Mr. Levin of Michigan (for himself, Mr. Suozzi, Mr. Khanna, Ms. Blunt
Rochester, and Mr. Grijalva) 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; DEFINITIONS.
(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, achieving a record sales volume of
361,307 units.
(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. There are an estimated 41,878
publicly available electric vehicle direct current fast
charging stations (DC Fast and Level 2) with 101,296 charging
outlets available in the United States. A report released in
April 2021 by Lawrence Berkeley Labs at the University of
California-Berkley, estimated that the number of EV chargers
required to support the accelerated transition necessary to
meet GHG was 8.1 million public EV charge points by 2050.
(5) In August 2020, cumulative U.S. plug-in electric
vehicle sales reached 1.6 million units. In February 2021,
53,247 electric vehicles were sold in the United States, a
64.8-percent increase from the electric vehicle sales in
February 2020.
(6) However, China and the European Union are exceeding the
United States in the EV manufacturing sector. China is the
world leader in total EV production and total EV sales; 45
percent of global electric vehicles were built and sold in
China. China also already produces the global majority of
passenger EVs (60 percent) and is expected to produce 65
percent of global lithium-ion batteries by 2021. Currently,
China has 7 of the 10 largest lithium-ion mega-factories by
production capacity, while the United States only has one.
Europe accounted for 24 percent of the global EV fleet in 2018.
In order for the United States to remain a competitor in auto
manufacturing, the U.S. must greatly increase investment in the
infrastructure necessary for wide adoption of EVs.
(7) Americans demand the freedom to roam with their
electric vehicle and convenient charging opportunities.
However, 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''.
(8) 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) establishing a convenient system of charging networks;
(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) Contractor.--The term ``contractor'' means a general
contractor or other lead or prime contractor on a project
described in subsection (e)(1).
(2) 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).
(3) Frontline and vulnerable community.--The term
``frontline and vulnerable community'' means a community--
(A) in an area described in section 301(a) of the
Public Works and Economic Development Act of 1965 (42
U.S.C. 3161(a)); and
(B) in which climate change, pollution, or
environmental destruction have exacerbated systemic
racial, regional, social, environmental, gender, and
economic injustices by disproportionately affecting
Black, Brown, and Indigenous peoples, other communities
of color, migrant communities, deindustrialized
communities, depopulated rural communities, the poor,
low-income workers, women, the elderly, the unhoused,
people with disability, or youth.
(4) 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
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--
(i) 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; and
(ii) electric vehicle supply equipment and
any associated parking spaces that are locked
behind gates, walls or obstructed in any manner
to prevent a driver from charging their vehicle
at a reasonable cost.
(5) Qualified electrician.--The term ``qualified
electrician'' means an electrician who has completed training
under the Electric Vehicle Infrastructure Training Program and
holds a current and valid Electric Vehicle Infrastructure
Training Program certification.
(6) 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--
(i) at an existing hydroelectric project;
and
(ii) that was placed in service on or after
January 1, 1999.
(F) Hydrogen used in fuel cells or other non-
combustion technologies.
(G) Thermal energy generated by any of the sources
described in subparagraphs (A) through (F).
(7) Subcontractor.--The term ``subcontractor'' means any
person or company, at any tier, that performs some or all of
the obligations of the contractor on a project described in
subsection (e)(1).
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 1 year after the date of enactment
of this Act, the Secretary of Transportation, in coordination with 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 Subcommittee on Transportation, Housing and Urban
Development, and Related Agencies of the Committee on
Appropriations of the House of Representatives; and
(4) the Subcommittee on Transportation, Housing and Urban
Development, and Related Agencies of the Committee on
Appropriations of the Senate.
(c) Considerations.--The Secretary of Transportation, in
coordination with 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, alignment with electric distribution interconnection
processes, 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 publicly available EVSE locations needed
in the network and 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) Existing labor or labor-management organizations that
promote a skilled workforce to install publicly available EVSE
with high standards for quality and safety.
(11) Pricing transparency and payment options that
encourages a consistent, reliable, secure, convenient and equal
access consumer charging and payment experience to all members
of the public.
(12) Publicly available EVSE placement and construction in
or near frontline and vulnerable communities, provided such
placements benefit such communities and does not harm or
displace community members.
(13) Adequate signage for users to identify publicly
available EVSE that ensures uniformity in providing road users
direction to publicly available EVSE locations.
(14) Existing EVSE investments, proposal or projects that
are complementary towards the deployment of publicly available
EVSE under this Act are not precluded by plan development.
(d) Consultations.--In developing the plan, the Secretary of
Transportation, in coordination with 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.
(16) Other relevant stakeholders as identified by the
Secretary of Transportation.
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, such as a revolving loan fund.
(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) Consultations.--In implementing the plan, the Secretary of
Transportation, in coordination with 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.
(16) Other relevant stakeholders as identified by the
Secretary of Energy and Secretary of Transportation.
(c) Grant Program.--
(1) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation 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 an application at such time, in
such manner, and containing such information as the Secretary
of Transportation shall require.
(3) Priority.--In selecting grant recipients, the Secretary
of Transportation shall give priority to--
(A) applications consistent with the plan developed
pursuant to section 3 of this Act;
(B) applications located in or near--
(i) a frontline and vulnerable community;
or
(ii) an area identified as having
disproportionately high adverse human health
and environmental impacts on minority
populations and low-income populations; and
(C) applications that specify priority employment
of workforce trained and certified by labor or joint
labor-management organizations that promote a skilled
workforce to install publicly available EVSE with high
standards for quality and safety.
(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) Frontline, vulnerable, and disadvantaged communities.--
Of the total amounts made available to carry out the program
for each fiscal year under this subsection, not less than 50
percent shall be used for eligible projects located in
frontline, vulnerable, and disadvantaged communities.
(6) 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).
(d) 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 light-, medium-, and heavy-duty electric
vehicle 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 light-, medium-, and heavy-duty electric
vehicle 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
maybe set by the Secretary of Transportation 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 may
update the minimum standards set under paragraph (1)
after an evaluation described in such subparagraph. In
evaluating and developing updates to the minimum
standards set under paragraph (1), the Secretary of
Transportation and the Secretary of Energy shall also
consider how updated minimum standards--
(i) impact the electric grid;
(ii) impact the cost to operate a charging
station; and
(iii) other criteria as determined by the
Secretary of Transportation and Secretary of
Energy.
(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) Agreement to maintain.--Each recipient of support under
this section shall enter into an agreement with the Secretary
to maintain the publicly available EVSE for not less than 5
years after the date on which the eligible entity receive
support.
(5) Payment methods.--Payment methods are implemented that
ensure secure, convenient, fair, and equal access, such as 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.
(6) Provision of information.--Information on publicly
available EVSE location, station operator contact information,
number of simultaneous refueling positions, pricing, and real-
time availability shall be made publicly available and easily
accessible, including through applicable mapping applications.
(7) ADA.--Publicly available EVSE shall be accessible in
compliance with the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.).
(8) 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, subcontractors, or
manufacturers of publicly available EVSE, 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'').
(C) Neutrality toward organized labor.--All
contractors and subcontractors in the performance of a
project receiving support under this Act shall have--
(i) an explicit policy of neutrality with
regard to--
(I) labor organizing for the
employees of the entity, contractor or
subcontractor employed in the
performance of the eligible project;
and
(II) such employees' choice to form
and join labor organizations; and
(ii) policies that require--
(I) the posting and maintenance of
notices in the workplace to such
employees of their rights under the
National Labor Relations Act (29 U.S.C.
151 et seq.); and
(II) that such employees are, at
the beginning of their employment in
the performance of the eligible
project, provided notice and
information regarding the employees'
rights under such Act.
(D) Preference for local hiring.--The contractor or
subcontractor shall have explicit policies that provide
a preference for local hiring, consistent with
applicable Federal law and subject to rules issued by
the Secretary of Labor.
(E) Employee classification.--All contractors and
subcontractors in the performance of a project
receiving support under this Act, shall consider an
individual performing any service in such performance
as an employee (and not an independent contractor) of
the entity, contractor, or subcontractor, respectively,
unless--
(i) the individual is free from control and
direction in connection with the performance of
the service, both under the contract for the
performance of the service and in fact;
(ii) the service is performed outside the
usual course of the business of the entity,
contractor, or subcontractor, respectively; and
(iii) the individual is customarily engaged
in an independently established trade,
occupation, profession, or business of the same
nature as that involved in such service.
(e) Utilization of Qualified Electricians on Electric Charging
Infrastructure.--
(1) Requirement.--All construction and placement work of
publicly available EVSE assisted, in whole or in part, under
this Act shall be performed entirely by qualified electricians.
(2) Reporting.--
(A) In general.--Prior to commencing work on a
publicly available EVSE project described in subsection
(e)(1), the contractor shall certify to the recipient
of assistance that the contractor and all its
subcontractors shall comply with the requirements of
this subsection.
(B) Periodic reporting.--While the project is
ongoing, the contractor shall submit to the recipient
of assistance periodic reports listing the location of
the project, name of each qualified electrician on the
project and the electrician's Electric Vehicle
Infrastructure Training Program certification number.
(C) Maintenance of records.--The contractor and
subcontractors shall maintain all personnel records
relating to the requirements of this paragraph for a
period of at least 3 years after final completion of
the work.
(D) Submission to secretary.--The contractor shall
immediately submit, upon request by the Secretary of
Transportation or Secretary of Energy, the documents
described in this paragraph.
(E) False or misleading information.--If a
recipient of assistance, Secretary of Transportation,
or Secretary of Energy determines that any of the
information described in this paragraph contains false
or misleading information that was provided knowingly
or with reckless disregard for the truth, or omits
information that was omitted knowingly or with reckless
disregard of the truth, the contractor or subcontractor
for which the information was submitted shall be
prohibited from performing work on projects described
in subsection (e)(1) for a period of five years, and
shall be further subject to penalties and sanctions,
including contract termination.
(F) Misrepresentation or omission.--Any
misrepresentation or omission included in the reporting
required by this paragraph shall constitute a false
record or statement material to a false or fraudulent
claim for purposes of subchapter III of chapter 37 of
title 31, U.S. Code.
(3) Enforcement.--
(A) In general.--If a recipient of assistance
determines, upon receipt of a complaint or its own
initiative, that a project described in subsection
(e)(1) is not being carried out in accordance with the
requirements of this subsection, the recipient shall
withhold from or require the payment by the contractor
of a penalty, in the amount of not less than $5,000 but
not more than $10,000, depending on the severity of the
violation and the compliance history of the contractor.
Such violations shall be grounds for contract
termination.
(B) Liability.--Contractors shall be jointly and
severally liable for any violation committed by a
subcontractor under this subsection.
(C) Prohibition.--Contractors and subcontractors
that violate this subsection shall be prohibited from
performing work on projects described in subsection
(e)(1) for a period of 5 years.
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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