[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1866 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 1866
To require the Secretary of Transportation to establish a grant program
to increase the availability of electric vehicle charging
infrastructure in environmental justice communities, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 26, 2021
Mr. Markey introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To require the Secretary of Transportation to establish a grant program
to increase the availability of electric vehicle charging
infrastructure in environmental justice communities, 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 ``Community Vehicle Charging Act of
2021''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the transportation sector is the highest emitting
sector of greenhouse gases in the United States;
(2) transportation is a significant source of toxic air
pollutants;
(3) electrification is considered 1 of the most feasible
and affordable opportunities to decarbonize transportation in
the near-term, and thus reduce pollutants harmful to public
health;
(4) the adoption of electric vehicles is dependent on
adequate access to electric vehicle charging infrastructure;
(5) publicly available electric vehicle charging
infrastructure has been distributed inequitably, and not all
people of the United States have the ability to access electric
vehicle charging infrastructure at home or at work;
(6) range anxiety and a lack of access to electric vehicle
charging infrastructure are significant barriers to the
widespread adoption of electric vehicles;
(7) access to electric vehicle charging infrastructure
differs from proximity to electric vehicle charging
infrastructure;
(8) environmental justice communities face several barriers
to accessing electric vehicles, electric vehicle charging
infrastructure, and funding programs to install electric
vehicle charging infrastructure, including--
(A) the high cost of, and a lack of knowledge
about, electric vehicles;
(B) the high cost of--
(i) level 2 electric vehicle charging
infrastructure; and
(ii) fast charging electric vehicle
charging infrastructure;
(C) a lack of awareness of the availability of--
(i) electric vehicle charging
infrastructure; and
(ii) funding programs to install electric
vehicle charging infrastructure;
(D) a lack of technical support and up-front
funding for the installation of electric vehicle
charging infrastructure;
(E) a low level of homeownership in environmental
justice communities;
(F) the high percentage of individuals and families
in environmental justice communities who reside in
multi-unit dwellings;
(G) linguistic isolation; and
(H) the short timelines for electric vehicle
charging infrastructure projects; and
(9) effective programs for environmental justice
communities to access electric vehicle charging infrastructure
and funding programs for the installation of electric vehicle
charging infrastructure need to be targeted to overcome the
barriers described in paragraph (8).
SEC. 3. DEFINITIONS.
In this Act:
(1) Community benefit agreement.--The term ``community
benefit agreement'' means a contract between 1 or more
community-based organizations representing residents of an
environmental justice community and an eligible entity carrying
out an eligible project to ensure that the eligible project
creates--
(A) employment opportunities for local workers in
the environmental justice community; and
(B) other opportunities or benefits for the
residents of the environmental justice community.
(2) Electric vehicle.--The term ``electric vehicle'' means
a vehicle that is powered primarily by an electric motor
drawing current from rechargeable batteries, including battery
electric vehicles and plug-in hybrid vehicles.
(3) Electric vehicle make-ready infrastructure.--The term
``electric vehicle make-ready infrastructure'' means the
electrical infrastructure needed to connect and serve electric
vehicle charging infrastructure, including--
(A) raceway or conduit;
(B) sufficient electrical panel service capacity;
(C) overcurrent protection;
(D) devices;
(E) wire; and
(F) suitable termination points, such as a junction
box with a service loop.
(4) Eligible entity.--The term ``eligible entity'' means
each of the following:
(A) A community-based organization.
(B) A nonprofit organization.
(C) A local, regional, State, or Tribal government.
(D) A metropolitan planning organization.
(E) Any other entity responsible for local
transportation planning and transportation projects.
(5) Eligible project.--The term ``eligible project'' means
a project described in section 4(d) that is carried out in, and
addresses the electric vehicle charging infrastructure needs
of, an environmental justice community.
(6) Environmental justice community.--The term
``environmental justice community'' means a community
consisting primarily of minority, low-income, or Tribal
populations that experience, or are at risk of experiencing,
higher or more adverse human health or environmental effects as
compared to other populations.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 4. ELECTRIC VEHICLE CHARGING INFRASTRUCTURE GRANT PROGRAM.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a grant program to
provide grants to eligible entities for projects that address barriers
to access to electric vehicle charging infrastructure faced by
environmental justice communities.
(b) Applications.--An eligible entity desiring a grant under this
section shall submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary may
require.
(c) Requirements.--In carrying out the grant program established
under subsection (a), the Secretary shall--
(1) use a public process to identify known barriers to
access to electric vehicle charging infrastructure faced by
environmental justice communities, including the barriers
described in section 2(8);
(2)(A) perform meaningful stakeholder outreach with
community-based organizations, environmental justice groups, or
other community members--
(i) to identify or design eligible projects; and
(ii) to identify eligible entities to carry out
those eligible projects through the use of a grant
under this section; and
(B) compensate the community-based organizations,
environmental justice groups, and other community members that
respond to that outreach and assist or otherwise participate in
an activity described in clause (i) or (ii) of subparagraph
(A);
(3) provide to eligible entities in the application process
and in project execution, including with respect to identifying
private and utility partnerships--
(A) resources to conduct community-needs
assessments;
(B) resources for planning;
(C) technical support; and
(D) case management guidance;
(4) design project timelines that--
(A) take into account stakeholder input; and
(B) account for the additional time needed to
complete eligible projects in environmental justice
communities;
(5) adopt project criteria--
(A) to reduce the risk of gentrification of, and
displacement of individuals in, environmental justice
communities as a result of an eligible project carried
out using a grant provided under this section;
(B) to increase community engagement throughout the
duration of an eligible project;
(C) to increase the involvement of community-based
organizations and unionized labor, where possible, in
selecting, designing, and carrying out eligible
projects;
(D) to prioritize investments directly into
environmental justice communities;
(E) to reduce air pollution and other impacts from
vehicles with internal combustion engines in
environmental justice communities; and
(F) to encourage partnerships with utility or
private electric vehicle make-ready infrastructure
programs, as applicable;
(6) aim to increase wealth in environmental justice
communities--
(A) through community or public ownership of any
assets of a completed eligible project that are
installed or developed in carrying out that eligible
project;
(B) through the creation of employment
opportunities for local workers in environmental
justice communities;
(C) by encouraging eligible entities receiving a
grant under this section to enter into community
benefit agreements; and
(D) by encouraging participation by local small
businesses, particularly minority- and women-owned
small businesses; and
(7) provide grant funds at the time of infrastructure
purchase to each eligible entity that receives a grant under
this section.
(d) Eligible Projects.--An eligible entity that receives a grant
under this section may use the grant funds for--
(1) projects that develop or implement a plan to install
publicly available electric vehicle charging infrastructure,
including--
(A) projects for the planning for, or installation
of--
(i) electric vehicle charging
infrastructure at grocery stores, convenience
stores, markets, other retail establishments,
existing fueling stations, local government
facilities, or office buildings or other
workplaces;
(ii) fast charging hubs;
(iii) on-street chargers;
(iv) electric vehicle charging
infrastructure at community land trust
locations; and
(v) electric vehicle charging
infrastructure at public schools and parks;
(B) projects for the incorporation of electric
vehicle charging infrastructure or electric vehicle
make-ready infrastructure into the construction of new
buildings or other infrastructure;
(C) projects to retrofit existing buildings,
especially multi-unit dwellings, with electric vehicle
charging infrastructure or electric vehicle make-ready
infrastructure;
(2) projects to support shared electric mobility and
micromobility options, such as electric car, bike, and scooter
share;
(3) projects or rebate programs to provide an electric
vehicle charger and funds for the installation of, and
technical assistance relating to, that charger to any resident
of an environmental justice community who--
(A) purchases an electric vehicle; and
(B) has the ability to use residential electric
vehicle charging infrastructure;
(4) projects to develop and implement education programs
that emphasize the economic, environmental, and public health
advantages of using an electric vehicle, including--
(A) by providing information to residents of an
environmental justice community on the usefulness of
electric vehicles and electric car share systems via
ride and drive events;
(B) by developing electric vehicle dealership
education programs;
(C) by developing an electric vehicle educational
curriculum for schools; and
(D) by creating an electric vehicle information
website and printed materials for distribution to
individuals who lack internet access that may include--
(i) a guide to the makes and models of
electric vehicles in multiple languages;
(ii) information about the locations of
publicly available electric vehicle charging
infrastructure and directions to those
locations; and
(iii) free consulting services for
potential buyers of an electric vehicle;
(5) projects to transition existing vehicle fleets of
States and units of regional and local government that are in
use in environmental justice communities to electric vehicles;
(6) projects to train the staff of municipalities and other
units of regional and local government, including inspectors,
on the use of electric vehicle charging infrastructure; and
(7) any other project that, in the determination of the
Secretary--
(A) addresses known barriers to access to electric
vehicle charging infrastructure faced by environmental
justice communities, including the barriers described
in section 2(4); and
(B) satisfies any other applicable requirement that
the Secretary determines to be appropriate and
consistent with the requirements described in
subsection (c).
(e) Report.--Not later than 1 year after the date on which the
grant program under subsection (a) is established, and annually
thereafter through fiscal year 2026, the Secretary shall submit to the
Committees on Commerce, Science, and Transportation and Environment and
Public Works of the Senate and the Committees on Energy and Commerce
and Transportation and Infrastructure of the House of Representatives,
and make publicly available on the website of the Department of
Transportation, a report describing the eligible projects that received
funding under the grant program and the outcomes of, and any issues
encountered in carrying out, those eligible projects, including--
(1) the barriers identified pursuant to the public process
described in subsection (c)(1);
(2) the successes and failures of anti-displacement
measures in those eligible projects;
(3) the types of projects that achieved success based on
established grant program metrics;
(4) the types of projects that were most frequently pursued
by eligible entities;
(5) best practices and lessons learned from serving an
environmental justice community;
(6) a breakdown of grant funds used by--
(A) project type; and
(B) environmental justice community served;
(7) the quantity of electric vehicle charging
infrastructure installed in environmental justice communities
using funds made available under the grant program;
(8) the frequency of use of publicly available electric
vehicle charging infrastructure installed using funds made
available under the grant program;
(9) the number of electric vehicles purchased by residents
of environmental justice communities in which electric vehicle
charging infrastructure is installed using a grant provided
under the grant program;
(10) additional barriers to accessing electric vehicle
charging infrastructure for residents of environmental justice
communities;
(11) any needed adjustments to project timelines to
facilitate greater project success in environmental justice
communities;
(12) the number of jobs created and number of community
members employed by eligible projects; and
(13) any local air quality changes over time in communities
where eligible projects are carried out.
(f) Data Collection.--
(1) In general.--The Secretary shall work with the
Secretary of Energy and the Administrator of the Energy
Information Administration to collect data on the access to
electric vehicle charging infrastructure in environmental
justice communities, including--
(A) the distance from an average household in an
environmental justice community to publicly available
electric vehicle charging infrastructure;
(B) the number and percentage of residents of each
environmental justice community in which an eligible
project was carried out using a grant provided under
this section who have access to, and use, electric
vehicle charging infrastructure that was installed in
that environmental justice community using funds
provided under the grant program;
(C) to the maximum extent practicable, the number
and percentage of residents of each environmental
justice community described in subparagraph (B) who
have access to, and use, electric vehicle charging
infrastructure that--
(i) is located in the environmental justice
community but was not installed using funds
provided under the grant program; or
(ii) is located in another community; and
(D) to the maximum extent practicable, the number
and percentage of residents of all environmental
justice communities who have access to, and use,
electric vehicle charging infrastructure that--
(i) is located in an environmental justice
community and was installed using funds
provided under the grant program;
(ii) is located in an environmental justice
community but was not installed using funds
provided under the grant program; or
(iii) is located in another community.
(2) Public availability.--The data collected under
paragraph (1) shall be made publicly available on the website
of the Department of Transportation.
(3) Report.--Not later than 1 year after the date on which
the grant program under subsection (a) is established, and
annually thereafter, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report describing the data collection efforts
under paragraph (1), the data collected under that paragraph,
and any patterns, trends, or changes identified by the
Secretary.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section, including for
any administrative costs, $75,000,000 for each of fiscal years 2022
through 2026.
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