[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3067 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 3067
To amend titles 23 and 49, United States Code, to provide for new and
emerging technologies in transportation, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 26, 2021
Ms. Cortez Masto introduced the following bill; which was read twice
and referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To amend titles 23 and 49, United States Code, to provide for new and
emerging technologies in transportation, 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 ``New, Emerging, and Exciting
Technologies in Transportation Act'' or the ``NEXT in Transportation
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the
Department of Transportation.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 3. INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM ADVISORY COMMITTEE.
Section 515(h) of title 23, United States Code, is amended--
(1) in paragraph (1), by inserting ``(referred to in this
subsection as the `Advisory Committee')'' after ``an Advisory
Committee'';
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
striking ``20 members'' and inserting ``25 members'';
(B) in subparagraph (L)--
(i) by striking ``utilities,''; and
(ii) by striking the period at the end and
inserting a semicolon;
(C) by redesignating subparagraphs (E) through (L)
as subparagraphs (G), (I), (J), (K), (L), (M), (Q), and
(R), respectively;
(D) by inserting after subparagraph (D) the
following:
``(E) a representative of a national transit
association;
``(F) a representative of a national, State, or
local transportation agency or association;'';
(E) by inserting after subparagraph (G) (as so
redesignated) the following:
``(H) a private sector developer of intelligent
transportation system technologies, which may include
emerging vehicle technologies;'';
(F) by inserting after subparagraph (M) (as so
redesignated) the following:
``(N) a representative of a labor organization;
``(O) a representative of a mobility-providing
entity;
``(P) an expert in traffic management;''; and
(G) by adding at the end the following:
``(S) an expert in cybersecurity; and
``(T) an automobile manufacturer.'';
(3) in paragraph (3)--
(A) in subparagraph (A), by striking ``section
508'' and inserting ``section 6503 of title 49''; and
(B) in subparagraph (B)--
(i) in the matter preceding clause (i), by
inserting ``programs and'' before ``research'';
and
(ii) in clause (iii), by striking
``research and'' and inserting ``programs,
research, and'';
(4) by redesignating paragraphs (3) through (5) as
paragraphs (5) through (7); and
(5) by inserting after paragraph (2) the following:
``(3) Term.--
``(A) In general.--The term of a member of the
Advisory Committee shall be 3 years.
``(B) Renewal.--On expiration of the term of a
member of the Advisory Committee, the member--
``(i) may be reappointed; or
``(ii) if the member is not reappointed
under clause (i), may serve until a new member
is appointed.
``(4) Meetings.--The Advisory Committee--
``(A) shall convene not less frequently than twice
each year; and
``(B) may convene with the use of remote video
conference technology.''.
SEC. 4. SMART COMMUNITY RESOURCE CENTER.
(a) Definitions.--In this section:
(1) Resource center.--The term ``resource center'' means
the Smart Community Resource Center established under
subsection (b).
(2) Smart community.--The term ``smart community'' means a
community that uses innovative technologies, data, analytics,
and other means to improve the community and address local
challenges.
(b) Establishment.--The Secretary shall work with the modal
administrations of the Department and with such other Federal agencies
and departments as the Secretary determines to be appropriate to make
available to the public on an Internet website a resource center, to be
known as the ``Smart Community Resource Center'', that includes a
compilation of resources or links to resources for States and local
communities to use in developing and implementing--
(1) intelligent transportation system programs; or
(2) smart community transportation programs.
(c) Inclusions.--The resource center shall include links to--
(1) existing programs and resources for intelligent
transportation system or smart community transportation
programs, including technical assistance, education, training,
funding, and examples of intelligent transportation systems or
smart community transportation programs implemented by States
and local communities, available from--
(A) the Department;
(B) other Federal agencies; and
(C) non-Federal sources;
(2) existing reports or databases with the results of
intelligent transportation system or smart community
transportation programs;
(3) any best practices developed or lessons learned from
intelligent transportation system or smart community
transportation programs; and
(4) such other resources as the Secretary determines to be
appropriate.
(d) Deadline.--The Secretary shall establish the resource center by
the date that is 1 year after the date of enactment of this Act.
(e) Updates.--The Secretary shall ensure that the resource center
is updated on a regular basis.
SEC. 5. STRENGTHENING MOBILITY AND REVOLUTIONIZING TRANSPORTATION GRANT
PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a State;
(B) a political subdivision of a State;
(C) a Tribal government;
(D) a public transit agency or authority;
(E) a public toll authority;
(F) a metropolitan planning organization; and
(G) a group of 2 or more eligible entities
described in any of subparagraphs (A) through (F)
applying through a single lead applicant.
(2) Eligible project.--The term ``eligible project'' means
a project described in subsection (e).
(3) Large community.--The term ``large community'' means a
community with a population of not less than 400,000
individuals, as determined under the most recent annual
estimate of the Bureau of the Census.
(4) Midsized community.--The term ``midsized community''
means any community that is not a large community or a rural
community.
(5) Regional partnership.--The term ``regional
partnership'' means a partnership composed of 2 or more
eligible entities located in jurisdictions with a combined
population that is equal to or greater than the population of
any midsized community.
(6) Rural community.--The term ``rural community'' means a
community that is located in an area that is outside of an
urbanized area (as defined in section 5302 of title 49, United
States Code).
(7) SMART grant.--The term ``SMART grant'' means a grant
provided to an eligible entity under the Strengthening Mobility
and Revolutionizing Transportation Grant Program established
under subsection (b).
(b) Establishment of Program.--The Secretary shall establish a
program, to be known as the ``Strengthening Mobility and
Revolutionizing Transportation Grant Program'', under which the
Secretary shall provide grants to eligible entities to conduct
demonstration projects focused on advanced smart city or community
technologies and systems in a variety of communities to improve
transportation efficiency and safety.
(c) Distribution.--In determining the projects for which to provide
a SMART grant, the Secretary shall consider contributions to
geographical diversity among grant recipients, including the need for
balancing the needs of rural communities, midsized communities, and
large communities, consistent with the requirements of subparagraphs
(A) through (C) of subsection (g)(1).
(d) Applications.--
(1) In general.--An eligible entity may submit to the
Secretary an application for a SMART grant at such time, in
such manner, and containing such information as the Secretary
may require.
(2) Transparency.--The Secretary shall include, in any
notice of funding availability relating to SMART grants, a full
description of the method by which applications under paragraph
(1) will be evaluated.
(3) Selection criteria.--
(A) In general.--The Secretary shall evaluate
applications for SMART grants based on--
(i) the extent to which the eligible entity
or applicable beneficiary community--
(I) has a public transportation
system or other transit options capable
of integration with other systems to
improve mobility and efficiency;
(II) has a population density and
transportation needs conducive to
demonstrating proposed strategies;
(III) has continuity of committed
leadership and the functional capacity
to carry out the proposed project;
(IV) is committed to open data
sharing with the public; and
(V) is likely to successfully
implement the proposed eligible
project, including through technical
and financial commitments from the
public and private sectors; and
(ii) the extent to which a proposed
eligible project will use advanced data,
technology, and applications to provide
significant benefits to a local area, a State,
a region, or the United States, including the
extent to which the proposed eligible project
will--
(I) reduce congestion and delays
for commerce and the traveling public;
(II) improve the safety and
integration of transportation
facilities and systems for pedestrians,
bicyclists, and the broader traveling
public;
(III) improve access to jobs,
education, and essential services,
including health care;
(IV) connect or expand access for
underserved or disadvantaged
populations and reduce transportation
costs;
(V) contribute to medium- and long-
term economic competitiveness;
(VI) improve the reliability of
existing transportation facilities and
systems;
(VII) promote connectivity between
and among connected vehicles, roadway
infrastructure, pedestrians,
bicyclists, the public, and
transportation systems;
(VIII) incentivize private sector
investments or partnerships, including
by working with mobile and fixed
telecommunication service providers, to
the extent practicable;
(IX) improve energy efficiency or
reduce pollution;
(X) increase the resiliency of the
transportation system; and
(XI) improve emergency response.
(B) Priority.--In providing SMART grants, the
Secretary shall give priority to applications for
eligible projects that would--
(i) demonstrate smart city or community
technologies in repeatable ways that can
rapidly be scaled;
(ii) encourage public and private sharing
of data and best practices;
(iii) encourage private-sector innovation
by promoting industry-driven technology
standards, open platforms, technology-neutral
requirements, and interoperability;
(iv) promote a skilled workforce that is
inclusive of minority or disadvantaged groups;
(v) allow for the measurement and
validation of the cost savings and performance
improvements associated with the installation
and use of smart city or community technologies
and practices;
(vi) encourage the adoption of smart city
or community technologies by communities;
(vii) promote industry practices regarding
cybersecurity; and
(viii) safeguard individual privacy.
(4) Technical assistance.--On request of an eligible entity
that submitted an application under paragraph (1) with respect
to a project that is not selected for a SMART grant, the
Secretary shall provide to the eligible entity technical
assistance and briefings relating to the project.
(e) Use of Grant Funds.--
(1) Eligible projects.--
(A) In general.--A SMART grant may be used to carry
out a project that demonstrates at least 1 of the
following:
(i) Coordinated automation.--The use of
automated transportation and autonomous
vehicles, while working to minimize the impact
on the accessibility of any other user group or
mode of travel.
(ii) Connected vehicles.--Vehicles that
send and receive information regarding vehicle
movements in the network and use vehicle-to-
vehicle and vehicle-to-everything
communications to provide advanced and reliable
connectivity.
(iii) Intelligent, sensor-based
infrastructure.--The deployment and use of a
collective intelligent infrastructure that
allows sensors to collect and report real-time
data to inform everyday transportation-related
operations and performance.
(iv) Systems integration.--The integration
of intelligent transportation systems with
other existing systems and other advanced
transportation technologies.
(v) Commerce delivery and logistics.--
Innovative data and technological solutions
supporting efficient goods movement, such as
connected vehicle probe data, road weather
data, or global positioning data to improve on-
time pickup and delivery, improved travel time
reliability, reduced fuel consumption and
emissions, and reduced labor and vehicle
maintenance costs.
(vi) Leveraging use of innovative aviation
technology.--Leveraging the use of innovative
aviation technologies, such as unmanned
aircraft systems, to support transportation
safety and efficiencies, including traffic
monitoring and infrastructure inspection.
(vii) Smart grid.--Development of a
programmable and efficient energy transmission
and distribution system to support the adoption
or expansion of energy capture, electric
vehicle deployment, or freight or commercial
fleet fuel efficiency.
(viii) Smart technology traffic signals.--
Improving the active management and functioning
of traffic signals, including through--
(I) the use of automated traffic
signal performance measures;
(II) implementing strategies,
activities, and projects that support
active management of traffic signal
operations, including through
optimization of corridor timing,
improved vehicle, pedestrian, and
bicycle detection at traffic signals,
or the use of connected vehicle
technologies;
(III) replacing outdated traffic
signals; or
(IV) for an eligible entity serving
a population of less than 500,000,
paying the costs of temporary staffing
hours dedicated to updating traffic
signal technology.
(2) Eligible project costs.--A SMART grant may be used
for--
(A) development phase activities, including--
(i) planning;
(ii) feasibility analyses;
(iii) revenue forecasting;
(iv) environmental review;
(v) permitting;
(vi) preliminary engineering and design
work;
(vii) systems development or information
technology work; and
(viii) acquisition of real property
(including land and improvements to land
relating to an eligible project); and
(B) construction phase activities, including--
(i) construction;
(ii) reconstruction;
(iii) rehabilitation;
(iv) replacement;
(v) environmental mitigation;
(vi) construction contingencies; and
(vii) acquisition of equipment, including
vehicles.
(3) Prohibited uses.--A SMART grant shall not be used--
(A) to reimburse any preaward costs or application
preparation costs of the SMART grant application;
(B) for any traffic or parking enforcement
activity; or
(C) to purchase or lease a license plate reader.
(f) Reports.--
(1) Eligible entities.--Not later than 2 years after the
date on which an eligible entity receives a SMART grant, and
annually thereafter until the date on which the SMART grant is
expended, the eligible entity shall submit to the Secretary an
implementation report that describes--
(A) the deployment and operational costs of each
eligible project carried out by the eligible entity, as
compared to the benefits and savings from the eligible
project; and
(B) the means by which each eligible project
carried out by the eligible entity has met the original
expectation, as projected in the SMART grant
application, including--
(i) data describing the means by which the
eligible project met the specific goals for the
project, such as--
(I) reducing traffic-related
fatalities and injuries;
(II) reducing traffic congestion or
improving travel-time reliability;
(III) providing the public with
access to real-time integrated traffic,
transit, and multimodal transportation
information to make informed travel
decisions; or
(IV) reducing barriers or improving
access to jobs, education, or various
essential services;
(ii) the effectiveness of providing to the
public real-time integrated traffic, transit,
and multimodal transportation information to
make informed travel decisions; and
(iii) lessons learned and recommendations
for future deployment strategies to optimize
transportation efficiency and multimodal system
performance.
(2) GAO.--Not later than 4 years after the date of
enactment of this Act, the Comptroller General of the United
States shall conduct, and submit to the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on
Energy and Commerce of the House of Representatives, and the
Committee on Transportation and Infrastructure of the House of
Representatives a report describing the results of, a review of
the SMART grant program under this section.
(3) Secretary.--
(A) Report to congress.--Not later than 2 years
after the date on which the initial SMART grants are
provided under this section, the Secretary shall submit
to the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Energy
and Commerce of the House of Representatives, and the
Committee on Transportation and Infrastructure of the
House of Representatives a report that--
(i) describes each eligible entity that
received a SMART grant;
(ii) identifies the amount of each SMART
grant provided;
(iii) summarizes the intended uses of each
SMART grant;
(iv) describes the effectiveness of
eligible entities in meeting the goals
described in the SMART grant application of the
eligible entity, including an assessment or
measurement of the realized improvements or
benefits resulting from each SMART grant; and
(v) describes lessons learned and
recommendations for future deployment
strategies to optimize transportation
efficiency and multimodal system performance.
(B) Best practices.--The Secretary shall--
(i) develop and regularly update best
practices based on, among other information,
the data, lessons learned, and feedback from
eligible entities that received SMART grants;
(ii) publish the best practices under
clause (i) on a publicly available website; and
(iii) update the best practices published
on the website under clause (ii) regularly.
(g) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary $100,000,000 for each of the first 5 fiscal years
beginning after the date of enactment of this Act, of which--
(A) not more than 40 percent shall be used to
provide SMART grants for eligible projects that
primarily benefit large communities;
(B) not more than 30 percent shall be provided for
eligible projects that primarily benefit midsized
communities; and
(C) not more than 30 percent shall be used to
provide SMART grants for eligible projects that
primarily benefit rural communities or regional
partnerships.
(2) Administrative costs.--Of the amounts made available
under paragraph (1) for each fiscal year, not more than 2
percent shall be used for administrative costs of the Secretary
in carrying out this section.
(3) Limitation.--An eligible entity may not use more than 3
percent of the amount of a SMART grant for each fiscal year to
achieve compliance with applicable planning and reporting
requirements.
(4) Availability.--The amounts made available for a fiscal
year pursuant to this subsection shall be available for
obligation during the 2-fiscal-year period beginning on the
first day of the fiscal year for which the amounts were
appropriated.
SEC. 6. ELECTRIC VEHICLE WORKING GROUP.
(a) Definitions.--In this section:
(1) Secretaries.--The term ``Secretaries'' means--
(A) the Secretary; and
(B) the Secretary of Energy.
(2) Working group.--The term ``working group'' means the
electric vehicle working group established under subsection
(b)(1).
(b) Establishment.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretaries shall jointly establish
an electric vehicle working group to make recommendations
regarding the development, adoption, and integration of light-,
medium-, and heavy-duty electric vehicles into the
transportation and energy systems of the United States.
(2) Membership.--
(A) In general.--The working group shall be
composed of--
(i) the Secretaries (or designees), who
shall be co-chairs of the working group; and
(ii) not more than 25 members, to be
appointed by the Secretaries, of whom--
(I) not more than 6 shall be
Federal stakeholders as described in
subparagraph (B); and
(II) not more than 19 shall be non-
Federal stakeholders as described in
subparagraph (C).
(B) Federal stakeholders.--The working group--
(i) shall include not fewer than 1
representative of each of--
(I) the Department;
(II) the Department of Energy;
(III) the Environmental Protection
Agency;
(IV) the Council on Environmental
Quality; and
(V) the General Services
Administration; and
(ii) may include a representative of any
other Federal agency the Secretaries consider
to be appropriate.
(C) Non-federal stakeholders.--
(i) In general.--Subject to clause (ii),
the working group--
(I) shall include not fewer than 1
representative of each of--
(aa) a manufacturer of
light-duty electric vehicles or
the relevant components of
light-duty electric vehicles;
(bb) a manufacturer of
medium- and heavy-duty vehicles
or the relevant components of
medium- and heavy-duty electric
vehicles;
(cc) a manufacturer of
electric vehicle batteries;
(dd) an owner, operator, or
manufacturer of electric
vehicle charging equipment;
(ee) the public utility
industry;
(ff) a public utility
regulator or association of
public utility regulators;
(gg) the transportation
fueling distribution industry;
(hh) the energy provider
industry;
(ii) the automotive dealing
industry;
(jj) the for-hire passenger
transportation industry;
(kk) an organization
representing units of local
government;
(ll) an organization
representing regional
transportation or planning
agencies;
(mm) an organization
representing State departments
of transportation;
(nn) an organization
representing State departments
of energy or State energy
planners;
(oo) the intelligent
transportation systems and
technologies industry;
(pp) labor organizations
representing workers in
transportation manufacturing,
construction, or operations;
(qq) the trucking industry;
(rr) Tribal governments;
and
(ss) the property
development industry; and
(II) may include a representative
of any other non-Federal stakeholder
that the Secretaries consider to be
appropriate.
(ii) Requirement.--The stakeholders
selected under clause (i) shall, in the
aggregate--
(I) consist of individuals with a
balance of backgrounds, experiences,
and viewpoints; and
(II) include individuals that
represent geographically diverse
regions of the United States, including
individuals representing the
perspectives of rural, urban, and
suburban areas.
(D) Compensation.--A member of the working group
shall serve without compensation.
(3) Meetings.--
(A) In general.--The working group shall meet not
less frequently than once every 120 days.
(B) Remote participation.--A member of the working
group may participate in a meeting of the working group
via teleconference or similar means.
(4) Coordination.--In carrying out the duties of the
working group, the working group shall coordinate and consult
with any existing Federal interagency working groups on fleet
conversion or other similar matters relating to electric
vehicles.
(c) Reports and Strategy on Electric Vehicle Adoption.--
(1) Working group reports.--The working group shall
complete by each of the deadlines described in paragraph (2) a
report describing the status of electric vehicle adoption
including--
(A) a description of the barriers and opportunities
to scaling up electric vehicle adoption throughout the
United States, including recommendations for issues
relating to--
(i) consumer behavior;
(ii) charging infrastructure needs,
including standardization and cybersecurity;
(iii) manufacturing and battery costs,
including the raw material shortages for
batteries and electric motor magnets;
(iv) the adoption of electric vehicles for
low- and moderate-income individuals and
underserved communities, including charging
infrastructure access and vehicle purchase
financing;
(v) business models for charging personal
electric vehicles outside the home, including
wired and wireless charging;
(vi) charging infrastructure permitting and
regulatory issues;
(vii) the connections between housing and
transportation costs and emissions;
(viii) freight transportation, including
local, port and drayage, regional, and long-
haul trucking;
(ix) intercity passenger travel;
(x) the process by which governments
collect a user fee for the contribution of
electric vehicles to funding roadway
improvements;
(xi) State- and local-level policies,
incentives, and zoning efforts;
(xii) the installation of highway corridor
signage;
(xiii) secondary markets and recycling for
batteries;
(xiv) grid capacity and integration;
(xv) energy storage; and
(xvi) specific regional or local issues
that may not appear to apply throughout the
United States, but may hamper nationwide
adoption or coordination of electric vehicles;
(B) examples of successful public and private
models and demonstration projects that encourage
electric vehicle adoption;
(C) an analysis of current efforts to overcome the
barriers described in subparagraph (A);
(D) an analysis of the estimated costs and benefits
of any recommendations of the working group; and
(E) any other topics, as determined by the working
group.
(2) Deadlines.--A report under paragraph (1) shall be
submitted to the Secretaries, the Committees on Commerce,
Science, and Transportation and Appropriations of the Senate
and the Committees on Transportation and Infrastructure and
Appropriations of the House of Representatives--
(A) in the case of the first report, by not later
than 18 months after the date on which the working
group is established under subsection (b)(1);
(B) in the case of the second report, by not later
than 2 years after the date on which the first report
is required to be submitted under subparagraph (A); and
(C) in the case of the third report, by not later
than 2 years after the date on which the second report
is required to be submitted under subparagraph (B).
(3) Strategy.--
(A) In general.--Based on the reports submitted by
the working group under paragraph (1), the Secretaries
shall jointly develop, maintain, and update a strategy
that describes the means by which the Federal
Government, States, units of local government, and
industry can--
(i) establish quantitative targets for
transportation electrification;
(ii) overcome the barriers described in
paragraph (1)(A);
(iii) identify areas of opportunity in
research and development to improve battery
manufacturing, mineral mining, recycling costs,
material recovery, fire risks, and battery
performance for electric vehicles;
(iv) enhance Federal interagency
coordination to promote electric vehicle
adoption;
(v) prepare the workforce for the adoption
of electric vehicles, including through
collaboration with labor unions, educational
institutions, and relevant manufacturers;
(vi) expand electric vehicle and charging
infrastructure;
(vii) expand knowledge of the benefits of
electric vehicles among the general public;
(viii) maintain the global competitiveness
of the United States in the electric vehicle
and charging infrastructure markets;
(ix) provide clarity in regulations to
improve national uniformity with respect to
electric vehicles; and
(x) ensure the sustainable integration of
electric vehicles into the national electric
grid.
(B) Notice and comment.--In carrying out
subparagraph (A), the Secretaries shall provide public
notice and opportunity for comment on the strategy
described in that subparagraph.
(4) Information.--
(A) In general.--The Secretaries may enter into an
agreement with the Transportation Research Board of the
National Academies of Sciences, Engineering, and
Medicine to provide, track, or report data,
information, or research to assist the working group in
carrying out paragraph (1).
(B) Use of existing information.--In developing a
report under paragraph (1) or a strategy under
paragraph (3), the Secretaries and the working group
shall take into consideration existing Federal, State,
local, private sector, and academic data and
information relating to electric vehicles and, to the
maximum extent practicable, coordinate with the
entities that publish that information--
(i) to prevent duplication of efforts by
the Federal Government; and
(ii) to leverage existing information and
complementary efforts.
(d) Coordination.--To the maximum extent practicable, the
Secretaries and the working group shall carry out this section using
all available existing resources, websites, and databases of Federal
agencies, such as--
(1) the Alternative Fuels Data Center;
(2) the Energy Efficient Mobility Systems program; and
(3) the Clean Cities Coalition Network.
(e) Termination.--The working group shall terminate on submission
of the third report required under subsection (c)(2)(C).
SEC. 7. NATIONAL ELECTRIC VEHICLE PROGRAM.
In addition to amounts otherwise available, out of any money in the
Treasury not otherwise appropriated, there is appropriated to the
Secretary in equal amounts for each of fiscal years 2022 through 2026,
to remain available until expended, $5,000,000,000, to remain available
until expended for amounts made available for each of fiscal years 2022
through 2026, to carry out a National Electric Vehicle Formula Program
(referred to in this section as the ``Program'') to provide funding to
States to strategically deploy electric vehicle charging infrastructure
and to establish an interconnected network to facilitate data
collection, access, and reliability: Provided, That funds made
available under this section shall be used for: (1) the acquisition and
installation of electric vehicle charging infrastructure to serve as a
catalyst for the deployment of such infrastructure and to connect it to
a network to facilitate data collection, access, and reliability; (2)
proper operation and maintenance of electric vehicle charging
infrastructure; and (3) data sharing about electric vehicle charging
infrastructure to ensure the long-term success of investments made
under this section: Provided further, That for each of fiscal years
2022 through 2026, the Secretary shall distribute among the States the
funds made available under this section so that each State receives an
amount equal to the proportion that the total base apportionment or
allocation determined for the State under subsection (c) of section 104
or under section 165 of title 23, United States Code, bears to the
total base apportionments or allocations for all States under
subsection (c) of section 104 and section 165 of title 23, United
States Code: Provided further, That the Federal share payable for the
cost of a project funded under this section shall be 80 percent:
Provided further, That the Secretary shall establish a deadline by
which a State shall provide a plan to the Secretary, in such form and
such manner that the Secretary requires (to be made available on the
Department's website), describing how such State intends to use funds
distributed to the State under this section to carry out the Program
for each fiscal year in which funds are made available: Provided
further, That, not later than 120 days after the deadline established
in the preceding proviso, the Secretary shall make publicly available
on the Department's website and submit to the House Committee on
Transportation and Infrastructure, the Senate Committee on Environment
and Public Works, and the House and Senate Committees on
Appropriations, a report summarizing each plan submitted by a State to
the Department and an assessment of how such plans make progress
towards the establishment of a national network of electric vehicle
charging infrastructure: Provided further, That if a State fails to
submit the plan required under the fourth proviso of this section to
the Secretary by the date specified in such proviso, or if the
Secretary determines a State has not taken action to carry out its
plan, the Secretary may withhold or withdraw, as applicable, funds made
available under this section for the fiscal year from the State and
award such funds on a competitive basis to local jurisdictions within
the State for use on projects that meet the eligibility requirements
under this section: Provided further, That, prior to the Secretary
making a determination that a State has not taken actions to carry out
its plan, the Secretary shall notify the State, consult with the State,
and identify actions that can be taken to rectify concerns, and provide
at least 90 days for the State to rectify concerns and take action to
carry out its plan: Provided further, That the Secretary shall provide
notice to a State on the intent to withhold or withdraw funds not less
than 60 days before withholding or withdrawing any funds, during which
time the States shall have an opportunity to appeal a decision to
withhold or withdraw funds directly to the Secretary: Provided
further, That if the Secretary determines that any funds withheld or
withdrawn from a State under the preceding proviso cannot be fully
awarded to local jurisdictions within the State under the preceding
proviso in a manner consistent with the purpose of this section, any
such funds remaining shall be distributed among other States (except
States for which funds for that fiscal year have been withheld or
withdrawn under the preceding proviso) in the same manner as funds
distributed for that fiscal year under the second proviso under this
section, except that the ratio shall be adjusted to exclude States for
which funds for that fiscal year have been withheld or withdrawn under
the preceding proviso: Provided further, That funds distributed under
the preceding proviso shall only be available to carry out this
section: Provided further, That funds made available under this
section may be used to contract with a private entity for acquisition
and installation of publicly accessible electric vehicle charging
infrastructure and the private entity may pay the non-Federal share of
the cost of a project funded under this section: Provided further,
That funds made available under this section shall be for projects
directly related to the charging of a vehicle and only for electric
vehicle charging infrastructure that is open to the general public or
to authorized commercial motor vehicle operators from more than one
company: Provided further, That any electric vehicle charging
infrastructure acquired or installed with funds made available under
this section shall be located along a designated alternative fuel
corridor: Provided further, That no later than 90 days after the date
of enactment of this Act, the Secretary, in coordination with the
Secretary of Energy, shall develop guidance for States and localities
to strategically deploy electric vehicle charging infrastructure,
consistent with this section: Provided further, That the Secretary, in
coordination with the Secretary of Energy, shall consider the following
in developing the guidance described in the preceding proviso: (1) the
distance between publicly available electric vehicle charging
infrastructure; (2) connections to the electric grid, including
electric distribution upgrades; vehicle-to-grid integration, including
smart charge management or other protocols that can minimize impacts to
the grid; alignment with electric distribution interconnection
processes, and plans for the use of renewable energy sources to power
charging and energy storage; (3) the proximity of existing off-highway
travel centers, fuel retailers, and small businesses to electric
vehicle charging infrastructure acquired or funded under this section;
(4) the need for publicly available electric vehicle charging
infrastructure in rural corridors and underserved or disadvantaged
communities; (5) the long-term operation and maintenance of publicly
available electric vehicle charging infrastructure to avoid stranded
assets and protect the investment of public funds in that
infrastructure; (6) existing private, national, State, local, Tribal,
and territorial government electric vehicle charging infrastructure
programs and incentives; (7) fostering enhanced, coordinated, public-
private or private investment in electric vehicle charging
infrastructure; (8) meeting current and anticipated market demands for
electric vehicle charging infrastructure, including with regard to
power levels and charging speed, and minimizing the time to charge
current and anticipated vehicles; and (9) any other factors, as
determined by the Secretary: Provided further, That if a State
determines, and the Secretary certifies, that the designated
alternative fuel corridors in the States are fully built out, then the
State may use funds provided under this section for electric vehicle
charging infrastructure on any public road or in other publicly
accessible locations, such as parking facilities at public buildings,
public schools, and public parks, or in publicly accessible parking
facilities owned or managed by a private entity: Provided further,
That subject to the minimum standards and requirements established
under the following proviso, funds made available under this section
may be used for: (1) the acquisition or installation of electric
vehicle charging infrastructure; (2) operating assistance for costs
allocable to operating and maintaining electric vehicle charging
infrastructure acquired or installed under this section, for a period
not to exceed five years; (3) the acquisition or installation of
traffic control devices located in the right-of-way to provide
directional information to electric vehicle charging infrastructure
acquired, installed, or operated under this section; (4) on-premises
signs to provide information about electric vehicle charging
infrastructure acquired, installed, or operated under this section; (5)
development phase activities relating to the acquisition or
installation of electric vehicle charging infrastructure, as determined
by the Secretary; or (6) mapping and analysis activities to evaluate,
in an area in the United States designated by the eligible entity, the
locations of current and future electric vehicle owners, to forecast
commuting and travel patterns of electric vehicles and the quantity of
electricity required to serve electric vehicle charging stations, to
estimate the concentrations of electric vehicle charging stations to
meet the needs of current and future electric vehicle drivers, to
estimate future needs for electric vehicle charging stations to support
the adoption and use of electric vehicles in shared mobility solutions,
such as micro-transit and transportation network companies, and to
develop an analytical model to allow a city, county, or other political
subdivision of a State or a local agency to compare and evaluate
different adoption and use scenarios for electric vehicles and electric
vehicle charging stations: Provided further, That not later than 180
days after the date of enactment of this Act, the Secretary, in
coordination with the Secretary of Energy and in consultation with
relevant stakeholders, shall, as appropriate, develop minimum standards
and requirements related to: (1) the installation, operation, or
maintenance by qualified technicians of electric vehicle charging
infrastructure under this section; (2) the interoperability of electric
vehicle charging infrastructure under this section; (3) any traffic
control device or on-premises sign acquired, installed, or operated
under this section; (4) any data requested by the Secretary related to
a project funded under this section, including the format and schedule
for the submission of such data; (5) network connectivity of electric
vehicle charging infrastructure; and (6) information on publicly
available electric vehicle charging infrastructure locations, pricing,
real-time availability, and accessibility through mapping applications:
Provided further, That not later than 1 year after the date of
enactment of this Act, the Secretary shall designate national electric
vehicle charging corridors that identify the near- and long-term need
for, and the location of, electric vehicle charging infrastructure to
support freight and goods movement at strategic locations along major
national highways, the National Highway Freight Network established
under section 167 of title 23, United States Code, and goods movement
locations including ports, intermodal centers, and warehousing
locations: Provided further, That the report issued under section
151(e) of title 23, United States Code, shall include a description of
efforts to achieve strategic deployment of electric vehicle charging
infrastructure in electric vehicle charging corridors, including
progress on the implementation of the Program under this section:
Provided further, That, for fiscal year 2022, before distributing funds
made available under this section to States, the Secretary shall set
aside from funds made available under this section to carry out this
section not more than $300,000,000, which may be transferred to the
Joint Office described in the twenty-fourth proviso of this section, to
establish such Joint Office and carry out its duties under this
section: Provided further, That, for each of fiscal years 2022 through
2026, after setting aside funds under the preceding proviso, and before
distributing funds made available under this section to States, the
Secretary shall set aside from funds made available under this section
for such fiscal year to carry out this section 10 percent should go to
States or localities that require additional assistance to
strategically deploy electric vehicle charging infrastructure:
Provided further, That not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a grant program to
administer to States or localities the amounts set aside under the
preceding proviso: Provided further, That, except as otherwise
specified under this section, funds made available under this section,
other than funds transferred under the nineteenth proviso of this
section to the Joint Office, shall be administered as if apportioned
under chapter 1 of title 23, United States Code: Provided further,
That funds made available under this section shall not be transferable
under section 126 of title 23, United States Code: Provided further,
That there is established a Joint Office of Energy and Transportation
(referred to in this section as the ``Joint Office'') in the Department
and the Department of Energy to study, plan, coordinate, and implement
issues of joint concern between the two agencies, which shall include:
(1) technical assistance related to the deployment, operation, and
maintenance of zero emission vehicle charging and refueling
infrastructure, renewable energy generation, vehicle-to-grid
integration, including microgrids, and related programs and policies;
(2) data sharing of installation, maintenance, and utilization in order
to continue to inform the network build out of zero emission vehicle
charging and refueling infrastructure; (3) performance of a national
and regionalized study of zero emission vehicle charging and refueling
infrastructure needs and deployment factors, to support grants for
community resilience and electric vehicle integration; (4) development
and deployment of training and certification programs; (5)
establishment and implementation of a program to promote renewable
energy generation, storage, and grid integration, including microgrids,
in transportation rights-of-way; (6) studying, planning, and funding
for high-voltage distributed current infrastructure in the rights-of-
way of the Interstate System and for constructing high-voltage and or
medium-voltage transmission pilots in the rights-of-way of the
Interstate System; (7) research, strategies, and actions under the
Departments' statutory authorities to reduce transportation-related
emissions and mitigate the effects of climate change; (8) development
of a streamlined utility accommodations policy for high-voltage and
medium-voltage transmission in the transportation right-of-way; and (9)
any other issues that the Secretary and the Secretary of Energy
identify as issues of joint interest: Provided further, That the Joint
Office of Energy and Transportation shall establish and maintain a
public database, accessible on both Department and Department of Energy
websites, that includes: (1) information maintained on the Alternative
Fuel Data Center by the Office of Energy Efficiency and Renewable
Energy of the Department of Energy with respect to the locations of
electric vehicle charging stations; (2) potential locations for
electric vehicle charging stations identified by eligible entities
through the program; and (3) the ability to sort generated results by
various characteristics with respect to electric vehicle charging
stations, including location, in terms of the State, city, or county;
status (operational, under construction, or planned); and charging
type, in terms of Level 2 charging equipment or Direct Current Fast
Charging Equipment: Provided further, That the Secretary and the
Secretary of Energy shall cooperatively administer the Joint Office
consistent with this section: Provided further, That the Secretary and
the Secretary of Energy may transfer funds between the Department and
the Department of Energy from funds provided under this section to
establish the Joint Office and to carry out its duties under this
section and any such funds or portions thereof transferred to the Joint
Office may be transferred back to and merged with this account:
Provided further, That the Secretary and the Secretary of Energy shall
notify the House and Senate Committees on Appropriations not less than
15 days prior to transferring any funds under the previous proviso:
Provided further, That for the purposes of funds made available under
this section: (1) the term ``State'' has the meaning given such term in
section 101 of title 23, United States Code; and (2) the term
``Federal-aid highway'' means a public highway eligible for assistance
under chapter 1 of title 23, United States Code, other than a highway
functionally classified as a local road or rural minor collector.
SEC. 8. PUBLIC TRANSPORTATION.
(a) In General.--Section 5302(3)(G) of title 49, United States
Code, is amended--
(1) by redesignating clauses (iv) and (v) as clauses (v)
and (vi), respectively;
(2) by inserting after clause (iii) the following:
``(iv) provides that if equipment to fuel
privately owned zero-emission passenger
vehicles is installed, the recipient of
assistance under this chapter shall collect
fees from users of the equipment in order to
recover the costs of construction, maintenance,
and operation of the equipment;'';
(3) in clause (vi) (as so redesignated)--
(A) in subclause (XIII), by striking ``and'' at the
end;
(B) in subclause (XIV), by adding ``and'' after the
semicolon; and
(C) by adding at the end the following:
``(XV) technology to fuel a zero-
emission vehicle;''.
(b) Conforming Amendments.--
(1) Section 5336(e) of title 49, United States Code, is
amended by striking ``, as defined in section 5302(4)''.
(2) Section 28501(4) of title 49, United States Code, is
amended by striking ``section 5302(a)(6)'' and inserting
``section 5302''.
SEC. 9. STATE ENERGY CONSERVATION PLANS.
Section 362(d) of the Energy Policy and Conservation Act (42 U.S.C.
6322(d)) is amended by striking paragraph (3) and inserting the
following:
``(3) programs to increase transportation energy
efficiency, including programs to help reduce carbon emissions
in the transportation sector by 2050 and accelerate the use of
alternative transportation fuels for, and the electrification
of, State government vehicles, fleet vehicles, taxis and
ridesharing services, mass transit, school buses, ferries, and
privately owned passenger and medium- and heavy-duty
vehicles;''.
SEC. 10. TRANSPORTATION WORKFORCE DEVELOPMENT.
(a) Assessment.--The Secretary shall enter into an arrangement with
the National Academy of Sciences under which the National Academy shall
develop and submit to the Secretary a workforce needs assessment that--
(1) addresses--
(A) the education and recruitment of technical
workers for the intelligent transportation technologies
and systems industry;
(B) the development of a workforce skilled in
various types of intelligent transportation
technologies, components, infrastructure, and
equipment, including with respect to--
(i) installation;
(ii) maintenance;
(iii) manufacturing;
(iv) operations, including data analysis
and review; and
(v) cybersecurity; and
(C) barriers to employment in the intelligent
transportation technologies and systems industry for--
(i) individuals who are former offenders
(as defined in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C.
3102));
(ii) individuals with a disability (as
defined in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102));
and
(iii) individuals that represent
populations that are traditionally
underrepresented in the workforce; and
(2) includes recommendations relating to the issues
described in paragraph (1).
(b) Working Group.--
(1) Establishment.--The Secretary shall establish a working
group, to be composed of--
(A) the Secretary of Energy;
(B) the Secretary of Labor; and
(C) the heads of such other Federal agencies as the
Secretary determines to be necessary.
(2) Implementation plan.--
(A) In general.--The working group established
under paragraph (1) shall develop an intelligent
transportation technologies and systems industry
workforce development implantation plan.
(B) Requirements.--The implementation plan under
subparagraph (A) shall address any issues and
recommendations included in the needs assessment under
subsection (a), taking into consideration a whole-of-
government approach with respect to--
(i) using registered apprenticeship and
preapprenticeship programs; and
(ii) re-skilling workers who may be
interested in working within the intelligent
transportation technologies and systems
industry.
(3) Submission to congress.--Not later than 1 year after
the date of receipt of the needs assessment under subsection
(a), the Secretary shall submit to Congress the implementation
plan developed under paragraph (2).
(4) Termination.--The working group established under
paragraph (1) shall terminate on the date on which the
implementation plan developed under paragraph (2) is submitted
to Congress under paragraph (3).
(c) Transportation Workforce Outreach Program.--
(1) In general.--Subchapter I of chapter 55 of title 49,
United States Code, is amended by adding at the end the
following:
``Sec. 5506. Transportation workforce outreach program
``(a) In General.--The Secretary of Transportation (referred to in
this section as the `Secretary') shall establish and administer a
transportation workforce outreach program, under which the Secretary
shall carry out a series of public service announcement campaigns
during each of fiscal years 2022 through 2026.
``(b) Purposes.--The purpose of the campaigns carried out under the
program under this section shall be--
``(1) to increase awareness of career opportunities in the
transportation sector, including aviation pilots, safety
inspectors, mechanics and technicians, air traffic controllers,
flight attendants, truck and bus drivers, engineers, transit
workers, railroad workers, and other transportation
professionals; and
``(2) to target awareness of professional opportunities in
the transportation sector to diverse segments of the
population, including with respect to race, sex, ethnicity,
ability (including physical and mental ability), veteran
status, and socioeconomic status.
``(c) Advertising.--The Secretary may use, or authorize the use of,
amounts made available to carry out the program under this section for
the development, production, and use of broadcast, digital, and print
media advertising and outreach in carrying out a campaign under this
section.
``(d) Funding.--The Secretary may use to carry out this section any
amounts otherwise made available to the Secretary, not to exceed
$5,000,000, for each of fiscal years 2022 through 2026.''.
(2) Clerical amendment.--The analysis for subchapter I of
chapter 55 of title 49, United States Code, is amended by
adding at the end the following:
``5506. Transportation workforce outreach program.''.
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