I 

116TH CONGRESS 

2D SESSION H. R. 5545 

To promote the domestic manufacture and use of advanced, fuel efficient 

vehicles and zero emission vehicles, encourage electrification of the transportation sector, create jobs, and improve air quality, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 7, 2020 

Mr. RUSH introduced the following bill; which was referred to the Committee 

on Energy and Commerce, and in addition to the Committee on Oversight 

and Reform, 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 promote the domestic manufacture and use of advanced, 

fuel efficient vehicles and zero emission vehicles, encourage electrification of the transportation sector, create 

jobs, and improve air quality, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘New Opportunities to 

5 Expand Healthy Air Using Sustainable Transportation 

6 Act of 2020’’ or the ‘‘NO EXHAUST Act of 2020’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ELECTRIC VEHICLE SUPPLY EQUIPMENT.— 

4 The term ‘‘electric vehicle supply equipment’’ means 

5 any conductors, including ungrounded, grounded, 

6 and equipment grounding conductors, electric vehicle 

7 connectors, attachment plugs, and all other fittings, 

8 devices, power outlets, or apparatuses installed spe9 cifically for the purpose of delivering energy to an 

10 electric vehicle. 

11 (2) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of Energy. 

13 (3) UNDERSERVED OR DISADVANTAGED COM14 MUNITY.—The term ‘‘underserved or disadvantaged 

15 community’’ means a community located in a zip 

16 code within a census tract that is identified as— 

17 (A) a low-income urban community; 

18 (B) an urban community of color; or 

19 (C) any other urban community that the 

20 Secretary determines is disproportionately vul21 nerable to, or bears a disproportionate burden 

22 of, any combination of economic, social, and en23 vironmental stressors. 


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1 SEC. 3. ELECTRIC VEHICLE SUPPLY EQUIPMENT REBATE 

2 PROGRAM. 

3 (a) REBATE PROGRAM.—Not later than January 1, 

4 2021, the Secretary shall establish a rebate program to 

5 promote the purchase and installation of publicly acces6 sible electric vehicle supply equipment (in this section re7 ferred to as the ‘‘rebate program’’). 

8 (b) REBATE PROGRAM REQUIREMENTS.— 

9 (1) ELIGIBLE APPLICANTS.—A rebate under 

10 the rebate program may be made to a individual, 

11 State, local, Tribal, or Territorial government, a pri12 vate entity, or a metropolitan planning organization. 

13 (2) ELIGIBLE EQUIPMENT.— 

14 (A) IN GENERAL.—Not later than 180 

15 days after the date of the enactment of this 

16 Act, the Secretary shall publish and maintain 

17 on the Department of Energy internet website 

18 a list of electric vehicle supply equipment that 

19 is eligible for the rebate program. 

20 (B) UPDATE.—The Secretary may publish 

21 a notice of proposed rulemaking to determine 

22 additional hardware or software equipment re23 quirements that will likely lead to greater usage 

24 of the electric vehicle supply equipment or im25 prove the experience of users of such charging 

26 equipment. 


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1 (C) LOCATION REQUIREMENT.—To be eli2 gible for the rebate program, the equipment de3 scribed under paragraph (1) shall be installed— 

4 (i) in the United States; 

5 (ii) on property— 

6 (I) owned by the eligible appli7 cant under subsection (b)(1); or 

8 (II) on which the eligible appli9 cant under subsection (b)(1) has au10 thority to install electric vehicle sup11 ply equipment; and 

12 (iii) at a publicly accessible parking 

13 lot or facility having a minimum of 10 

14 parking spaces and is— 

15 (I) open to the public for a min16 imum of 12 hours per day, five days 

17 per week; 

18 (II) associated with a multi-unit 

19 housing structure with five or more 

20 housing units; and 

21 (III) associated with a workplace 

22 available to an employee of the work23 place or an employee of a nearby 

24 workplace. 

25 (3) APPLICATION.— 


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1 (A) IN GENERAL.—An eligible applicant 

2 under subsection (b)(1) may submit to the Sec3 retary an application for a rebate under the re4 bate program. Such application shall include— 

5 (i) the estimated cost of covered ex6 penses to be expended on the installation 

7 of the equipment eligible under subsection 

8 (b)(2); 

9 (ii) the estimated installation cost of 

10 the equipment eligible under subsection 

11 (b)(2); 

12 (iii) the global positioning system 

13 (GPS) location of the equipment eligible 

14 under subsection (b)(2) and identification 

15 of whether such location is a— 

16 (I) multi-unit housing structure; 

17 (II) workplace; or 

18 (III) publicly accessible parking 

19 lot or facility; 

20 (iv) the technical specifications of the 

21 equipment eligible under subsection (b)(2), 

22 including the maximum power and amper23 age of such equipment, to be installed; and 


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1 (v) any other information determined 

2 by the Secretary to be necessary for a com3 plete application. 

4 (B) REVIEW PROCESS.—The Secretary 

5 shall review an application for a rebate under 

6 the rebate program and approve an eligible ap7 plicant under subsection (b)(1) to receive such 

8 rebate if— 

9 (i) the application meets the require10 ments of the rebate program under sub11 section (b); and 

12 (ii) the Secretary expects amounts ap13 propriated to be available for such rebate. 

14 (C) NOTIFICATION TO ELIGIBLE APPLI15 CANT.—Not later than one year after the date 

16 on which the eligible applicant under subsection 

17 (b)(3) applies for a rebate under the rebate pro18 gram, the Secretary shall notify the eligible ap19 plicant under subsection (b)(1) that they will be 

20 awarded a rebate under the rebate program fol21 lowing the submission of additional materials 

22 required under paragraph (5). 

23 (4) REBATE AMOUNT.— 


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1 (A) IN GENERAL.—Except as provided in 

2 subparagraph (B), the amount awarded under 

3 the rebate program shall be the lesser of— 

4 (i) 75 percent of covered expenses; 

5 (ii) $2,000 for non-networked level 2 

6 charging equipment; 

7 (iii) $4,000 for networked level 2 

8 charging equipment; or 

9 (iv) $75,000 for networked direct cur10 rent fast charging equipment. 

11 (B) REBATE AMOUNT FOR REPLACEMENT

12 EQUIPMENT.—The amount awarded under the 

13 rebate program for replacement electric vehicle 

14 supply equipment shall be the lesser of— 

15 (i) 75 percent of covered expenses; 

16 (ii) $1,000 for non-networked level 2 

17 charging equipment; 

18 (iii) $2,000 for networked level 2 

19 charging equipment; or 

20 (iv) $25,000 for networked direct cur21 rent fast charging equipment. 

22 (5) DISBURSEMENT OF REBATE.— 

23 (A) IN GENERAL.—The Secretary shall 

24 disburse a rebate under the rebate program to 

25 an eligible applicant under subsection (b)(1), 


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1 following approval of an initial application 

2 under paragraph (3), if such applicant submits 

3 the materials required under subparagraph (B). 

4 (B) MATERIALS REQUIRED FOR DISBURSE5 MENT OF REBATE.—Not later than one year 

6 after the date on which the eligible applicant 

7 under subsection (b)(1) receives notice that 

8 they have been approved for a rebate under the 

9 rebate program, such applicant shall submit to 

10 the Secretary the following— 

11 (i) the cost of covered expenses ex12 pended on the installation of the equip13 ment eligible under subsection (b)(2); 

14 (ii) the installation cost of the equip15 ment eligible under subsection (b)(2); 

16 (iii) a record of payment for the 

17 equipment eligible under subsection (b)(2); 

18 (iv) the global positioning system 

19 (GPS) location of the equipment eligible 

20 under subsection (b)(2) and identification 

21 of whether such location is a— 

22 (I) multi-unit housing structure; 

23 (II) workplace; or 

24 (III) publicly accessible parking 

25 lot or facility; 


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1 (v) the technical specifications of the 

2 equipment eligible under subsection (b)(2), 

3 including the maximum power and amper4 age of such equipment; and 

5 (vi) any other information determined 

6 by the Secretary to be necessary for a com7 plete application. 

8 (C) AGREEMENT TO MAINTAIN.—To be eli9 gible for a rebate under the rebate program, an 

10 eligible applicant under subsection (b)(1) shall 

11 enter into an agreement with the Secretary to 

12 maintain the eligible equipment in a satisfac13 tory manner for not less than five years after 

14 the date on which the eligible applicant under 

15 subsection (b)(1) receives the rebate under the 

16 rebate program. 

17 (D) AGREEMENT TO REPORT ON USAGE.— 

18 To be eligible for a rebate under the rebate pro19 gram, an eligible applicant under subsection 

20 (b)(1) shall enter into an agreement with the 

21 Secretary to submit, not later than one year 

22 after the date the applicant is awarded a rebate 

23 and annually thereafter for the following two 

24 years, a report on the aggregated data on usage 


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1 of relevant networked electric vehicle supply 

2 equipment. 

3 (E) EXCEPTION.—The Secretary shall not 

4 disburse a rebate under the rebate program if 

5 materials submitted under paragraph (5) do not 

6 meet the same GPS location and technical spec7 ifications for the equipment eligible under sub8 section (b)(2) provided in an application under 

9 paragraph (3). 

10 (6) EXCEPTIONS TO REBATE PROGRAM.— 

11 (A) MULTI-PORT CHARGERS.—An eligible 

12 applicant under subsection (b)(1) shall be 

13 awarded a rebate under the rebate program for 

14 a multi-port charger based on the number of 

15 publicly accessible charging ports, with each 

16 subsequent port after the first port, being eligi17 ble for 50 percent of the full rebate amount. 

18 (B) NETWORKED DIRECT CURRENT FAST

19 CHARGING.—Of amounts appropriated to carry 

20 out the rebate program under this section, not 

21 more than 25 percent may be used for rebates 

22 of networked direct current fast charging equip23 ment. 

24 (7) HYDROGEN FUEL CELL REFUELING INFRA25 STRUCTURE.—For the purposes of this section, hyVerDate Sep 11 2014 02:11 Jan 08, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5545.IH H5545

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1 drogen refueling equipment shall be eligible for a re2 bate as though it were a networked direct current 

3 fast charging equipment. All requirements related to 

4 public accessibility of installed locations shall apply. 

5 (c) DEFINITIONS.—In this section: 

6 (1) COVERED EXPENSES.—The term ‘‘covered 

7 expenses’’ means an expense that is associated with 

8 the purchase and installation of electric vehicle sup9 ply equipment, including— 

10 (A) the cost of electric vehicle supply 

11 equipment hardware; 

12 (B) labor costs associated with the installa13 tion of such hardware, only if wages for such 

14 labor are paid at rates not less than those pre15 vailing on similar labor in the locality of instal16 lation, as determined by the Secretary of Labor 

17 under subchapter IV of chapter 31 of title 40, 

18 United States Code (commonly referred to as 

19 the ‘‘Davis-Bacon Act’’); 

20 (C) material costs associated with the in21 stallation of such hardware, including expenses 

22 involving electrical equipment and necessary up23 grades or modifications to the electrical grid 

24 and associated infrastructure required for the 

25 installation of such hardware; 


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1 (D) permit costs associated with the instal2 lation of such hardware; and 

3 (E) the cost of an on-site energy storage 

4 system. 

5 (2) ELECTRIC VEHICLE.—The term ‘‘electric 

6 vehicle’’ means a vehicle that derives all or part of 

7 its power from electricity. 

8 (3) MULTI-PORT CHARGER.—The term ‘‘multi9 port charger’’ means electric vehicle supply equip10 ment capable of charging more than one electric ve11 hicle simultaneously. 

12 (4) LEVEL 2 CHARGING EQUIPMENT.—The 

13 term ‘‘level 2 charging equipment’’ means electric 

14 vehicle supply equipment that provides an alter15 nating current power source at a minimum of 240- 

16 volts. 

17 (5) NETWORKED DIRECT CURRENT FAST

18 CHARGING EQUIPMENT.—The term ‘‘networked di19 rect current fast charging equipment’’ means electric 

20 vehicle supply equipment that provides a direct cur21 rent power source at a minimum of 50 kilowatts and 

22 is enabled to connect to a network to facilitate data 

23 collection and access. 

24 (6) NETWORKED ELECTRIC VEHICLE CHARGING

25 STATION.—The term ‘‘networked electric vehicle 


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1 charging station’’ means a charging station that is 

2 enabled to connect to a network to facilitate data 

3 collection and access. 

4 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to carry out this section 

6 $100,000,000 for each of fiscal years 2021 through 2030. 

7 SEC. 4. EXPANDING ACCESS TO ELECTRIC VEHICLES IN UN8 DERSERVED COMMUNITIES. 

9 (a) ASSESSMENT OF ELECTRIC VEHICLE CHARGING

10 INFRASTRUCTURE IN URBAN AREAS.— 

11 (1) IN GENERAL.— 

12 (A) ASSESSMENT.—The Secretary shall 

13 conduct an assessment of the state of, chal14 lenges to, and opportunities for the deployment 

15 of electric vehicle charging infrastructure in 

16 urban areas, particularly in underserved or dis17 advantaged communities. 

18 (B) REPORT.—Not later than 1 year after 

19 the date of the enactment of this Act, the Sec20 retary shall submit to the Committee on Energy 

21 and Commerce of the House of Representatives 

22 and the Committee on Energy and Natural Re23 sources of the Senate a report on the results of 

24 the assessment conducted under subparagraph 

25 (A), which shall— 


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1 (i) describe the state of deployment 

2 with respect to electric vehicle charging in3 frastructure in major urban areas through4 out the United States, particularly in un5 derserved or disadvantaged communities, 

6 including information pertaining to— 

7 (I) the number of existing and 

8 planned Level 2 and DC FAST charg9 ing stations per capita for charging 

10 individually owned light-duty and me11 dium-duty vehicles; 

12 (II) the number of existing and 

13 planned Level 2 and DC FAST charg14 ing stations for charging public and 

15 private fleet vehicles and medium- and 

16 heavy-duty equipment and vehicles; 

17 (III) the number of Level 2 and 

18 DC Fast charging stations installed in 

19 or available to occupants of publicly 

20 owned and privately owned multi-unit 

21 dwellings; 

22 (IV) policies, plans, and pro23 grams that cities, States, utilities, and 

24 private entities are using to encourage 

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1 tric vehicles and the associated elec2 tric vehicle charging infrastructure, 

3 including programs to encourage de4 ployment of charging stations avail5 able to residents in publicly owned 

6 and privately owned multi-unit dwell7 ings; 

8 (V) ownership models for Level 2 

9 and DC FAST charging stations lo10 cated in publicly owned and privately 

11 owned residential multi-unit dwellings, 

12 commercial buildings, public and pri13 vate parking areas, and curb-side lo14 cations; 

15 (VI) how charging stations are fi16 nanced and the rates charged for 

17 Level 2 and DC FAST charging; and 

18 (VII) a description of the meth19 odology used to obtain the informa20 tion provided in the report; 

21 (ii) identify the barriers to expanding 

22 deployment of electric vehicle charging in23 frastructure in urban areas, particularly in 

24 underserved or disadvantaged commu25 nities, including any challenges relating to 


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1 charging infrastructure deployment in 

2 multi-unit dwellings; 

3 (iii) compile and provide an analysis 

4 of the best practices and policies used by 

5 State and local governments and private 

6 entities to increase deployment of electric 

7 vehicle charging infrastructure in urban 

8 areas, particularly in underserved or dis9 advantaged communities, including best 

10 practices with respect to— 

11 (I) public outreach and engage12 ment; and 

13 (II) increasing deployment of 

14 charging infrastructure in publicly 

15 owned and privately owned multi-unit 

16 dwellings; and 

17 (iv) enumerate and identify the num18 ber of electric vehicle charging stations per 

19 capita at locations within each major 

20 urban area throughout the United States 

21 with detail at the level of zip codes and 

22 census tracts. 

23 (2) FIVE-YEAR UPDATE ASSESSMENT.—Not 

24 later than 5 years after the date of the enactment 

25 of this Act, the Secretary shall— 


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1 (A) update the assessment conducted 

2 under paragraph (1)(A); and 

3 (B) make public and submit to the Com4 mittee on Energy and Commerce of the House 

5 of Representatives and the Committee on En6 ergy and Natural Resources of the Senate a re7 port, which shall— 

8 (i) update the information described 

9 in paragraph (1)(B); and 

10 (ii) include a description of case stud11 ies and key lessons learned after the report 

12 under paragraph (1)(B) was submitted 

13 with respect to expanding the deployment 

14 of electric vehicle charging infrastructure 

15 in urban areas, particularly in low-income 

16 communities and communities of color. 

17 (b) DEFINITIONS.—In this section: 

18 (1) ELECTRIC VEHICLE CHARGING INFRA19 STRUCTURE.—The term ‘‘electric vehicle charging 

20 infrastructure’’ means electric vehicle supply equip21 ment and other physical assets that provide for the 

22 distribution of and access to electricity for the pur23 pose of charging an electric vehicle. 

24 (2) MAJOR URBAN AREA.—The term ‘‘major 

25 urban area’’ means a metropolitan statistical area 


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1 within the United States with an estimated popu2 lation that is greater than or equal to 1,500,000. 

3 SEC. 5. ENSURING PROGRAM BENEFITS FOR UNDER4 SERVED AND DISADVANTAGED COMMU5 NITIES. 

6 In administering programs under this Act, including 

7 pursuant to amendments made by this Act, the Secretary 

8 shall ensure, to the extent practicable, that such programs 

9 provide access to electric vehicle infrastructure, address 

10 transportation needs, and provide improved air quality in 

11 underserved or disadvantaged communities. 

12 SEC. 6. MODEL BUILDING CODE FOR ELECTRIC VEHICLE 

13 SUPPLY EQUIPMENT. 

14 (a) DEVELOPMENT.—The Secretary shall develop a 

15 proposal to establish or update, as appropriate, model 

16 building codes for— 

17 (1) integrating electric vehicle supply equipment 

18 into residential and commercial buildings that in19 clude space for individual vehicle or fleet vehicle 

20 parking; and 

21 (2) integrating onsite renewable power equip22 ment and electric storage equipment (including elec23 tric vehicle batteries to be used for electric storage) 

24 into residential and commercial buildings. 


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1 (b) CONSULTATION.—In developing the proposal 

2 under subsection (a), the Secretary shall consult with 

3 stakeholders representing the building construction indus4 try, manufacturers of electric vehicles and electric vehicle 

5 supply equipment, State and local governments, and any 

6 other persons with relevant expertise or interests. 

7 (c) DEADLINE.—Not later than 1 year after the date 

8 of enactment of this Act, the Secretary shall submit the 

9 proposal developed under subsection (a) to the American 

10 Society of Heating, Refrigerating, and Air Conditioning 

11 Engineers, the International Code Council, and the States 

12 for consideration. 

13 SEC. 7. ELECTRIC VEHICLE SUPPLY EQUIPMENT COORDI14 NATION. 

15 (a) IN GENERAL.—Not later than 90 days after the 

16 date of enactment of this Act, the Secretary, acting 

17 through the Assistant Secretary of the Office of Electricity 

18 Delivery and Energy Reliability (including the Smart Grid 

19 Task Force), shall convene a group to assess progress in 

20 the development of standards necessary to— 

21 (1) support the expanded deployment of electric 

22 vehicle supply equipment; 

23 (2) develop an electric vehicle charging network 

24 to provide reliable charging for electric vehicles na25 tionwide; and 


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1 (3) ensure the development of such network will 

2 not compromise the stability and reliability of the 

3 electric grid. 

4 (b) REPORT TO CONGRESS.—Not later than 1 year 

5 after the date of enactment of this Act, the Secretary shall 

6 provide to the Committee on Energy and Commerce of the 

7 House of Representatives and to the Committee on En8 ergy and Natural Resources of the Senate a report con9 taining the results of the assessment carried out under 

10 subsection (a) and recommendations to overcome any bar11 riers to standards development or adoption identified by 

12 the group convened under such subsection. 

13 SEC. 8. STATE CONSIDERATION OF ELECTRIC VEHICLE 

14 CHARGING. 

15 (a) CONSIDERATION AND DETERMINATION RESPECT16 ING CERTAIN RATEMAKING STANDARDS.—Section 111(d) 

17 of the Public Utility Regulatory Policies Act of 1978 (16 

18 U.S.C. 2621(d)) is amended by adding at the end the fol19 lowing: 

20 ‘‘(20) ELECTRIC VEHICLE CHARGING PRO21 GRAMS.— 

22 ‘‘(A) IN GENERAL.—Each State shall con23 sider— 

24 ‘‘(i) authorizing measures to stimulate 

25 investment in and deployment of electric 


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1 vehicle supply equipment and to foster the 

2 market for vehicle charging; 

3 ‘‘(ii) authorizing each electric utility 

4 of the State to recover from ratepayers any 

5 capital, operating expenditure, or other 

6 costs of the electric utility relating to load 

7 management, programs, or investments as8 sociated with the integration of electric ve9 hicle supply equipment onto the grid and 

10 promoting greater electrification of the 

11 transportation sector; and 

12 ‘‘(iii) allowing a person or agency that 

13 owns and operates an electric vehicle 

14 charging facility for the sole purpose of re15 charging an electric vehicle battery to be 

16 excluded from regulation as an electric 

17 utility pursuant to section 3(4) when mak18 ing electricity sales from the use of the 

19 electric vehicle charging facility, if such 

20 sales are the only sales of electricity made 

21 by the person or agency. 

22 ‘‘(B) DEFINITION.—For purposes of this 

23 paragraph, the term ‘electric vehicle supply 

24 equipment’ means conductors, including 

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1 ing conductors, electric vehicle connectors, at2 tachment plugs, and all other fittings, devices, 

3 power outlets, or apparatuses installed specifi4 cally for the purpose of delivering energy to an 

5 electric vehicle.’’. 

6 (b) OBLIGATIONS TO CONSIDER AND DETERMINE.— 

7 (1) TIME LIMITATIONS.—Section 112(b) of the 

8 Public Utility Regulatory Policies Act of 1978 (16 

9 U.S.C. 2622(b)) is amended by adding at the end 

10 the following: 

11 ‘‘(7)(A) Not later than 1 year after the enact12 ment of this paragraph, each State regulatory au13 thority (with respect to each electric utility for which 

14 it has ratemaking authority) and each nonregulated 

15 utility shall commence the consideration referred to 

16 in section 111, or set a hearing date for consider17 ation, with respect to the standards established by 

18 paragraph (20) of section 111(d). 

19 ‘‘(B) Not later than 2 years after the date of 

20 the enactment of this paragraph, each State regu21 latory authority (with respect to each electric utility 

22 for which it has ratemaking authority), and each 

23 nonregulated electric utility, shall complete the con24 sideration, and shall make the determination, re25 ferred to in section 111 with respect to each standVerDate Sep 11 2014 02:11 Jan 08, 2020 Jkt 099200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H5545.IH H5545

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1 ard established by paragraph (20) of section 

2 111(d).’’. 

3 (2) FAILURE TO COMPLY.—Section 112(c) of 

4 the Public Utility Regulatory Policies Act of 1978 

5 (16 U.S.C. 2622(c)) is amended by striking ‘‘(19)’’ 

6 and inserting ‘‘(20)’’. 

7 (3) PRIOR STATE ACTIONS.—Section 112 of the 

8 Public Utility Regulatory Policies Act of 1978 (16 

9 U.S.C. 2622) is amended by adding at the end the 

10 following: 

11 ‘‘(g) PRIOR STATE ACTIONS.—Subsections (b) and 

12 (c) of this section shall not apply to the standard estab13 lished by paragraph (20) of section 111(d) in the case of 

14 any electric utility in a State if, before the enactment of 

15 this subsection— 

16 ‘‘(1) the State has implemented for such utility 

17 the standard concerned (or a comparable standard); 

18 ‘‘(2) the State regulatory authority for such 

19 State or relevant nonregulated electric utility has 

20 conducted a proceeding to consider implementation 

21 of the standard concerned (or a comparable stand22 ard) for such utility; 

23 ‘‘(3) the State legislature has voted on the im24 plementation of such standard (or a comparable 

25 standard) for such utility; or 


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1 ‘‘(4) the State has taken action to implement 

2 incentives or other steps to strongly encourage the 

3 deployment of electric vehicles.’’. 

4 SEC. 9. STATE ENERGY PLANS. 

5 (a) STATE ENERGY CONSERVATION PLANS.—Section 

6 362(d) of the Energy Policy and Conservation Act (42 

7 U.S.C. 6322(d)) is amended— 

8 (1) in paragraph (16), by striking ‘‘; and’’ and 

9 inserting a semicolon; 

10 (2) by redesignating paragraph (17) as para11 graph (18); and 

12 (3) by inserting after paragraph (16) the fol13 lowing: 

14 ‘‘(17) a State energy transportation plan devel15 oped in accordance with section 367; and’’. 

16 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

17 365(f) of the Energy Policy and Conservation Act (42 

18 U.S.C. 6325(f)) is amended to read as follows: 

19 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 

20 ‘‘(1) STATE ENERGY CONSERVATION PLANS.— 

21 For the purpose of carrying out this part, there are 

22 authorized to be appropriated the following: 

23 ‘‘(A) $100,000,000 for each of fiscal years 

24 2021 through 2025. 


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1 ‘‘(B) $125,000,000 for each of fiscal years 

2 2026 through 2030. 

3 ‘‘(2) STATE ENERGY TRANSPORTATION

4 PLANS.—In addition to the amounts authorized 

5 under paragraph (1), for the purpose of carrying out 

6 section 367, there are authorized to be appropriated 

7 the following: 

8 ‘‘(A) $25,000,000 for each of fiscal years 

9 2021 through 2025. 

10 ‘‘(B) $35,000,000 for each of fiscal years 

11 2026 through 2030.’’. 

12 (c) STATE ENERGY TRANSPORTATION PLANS.—Part 

13 D of title III of the Energy Policy and Conservation Act 

14 (42 U.S.C. 6321 et seq.) is amended by adding at the end 

15 the following: 

16 ‘‘SEC. 367. STATE ENERGY TRANSPORTATION PLANS. 

17 ‘‘(a) IN GENERAL.—The Secretary may provide fi18 nancial assistance to a State to develop a State energy 

19 transportation plan, for inclusion in a State energy con20 servation plan under section 362(d), to promote the elec21 trification of the transportation system, reduced consump22 tion of fossil fuels, and improved air quality. 

23 ‘‘(b) DEVELOPMENT.—A State developing a State en24 ergy transportation plan under this section shall carry out 

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1 sible for developing the State energy conservation plan 

2 under section 362. 

3 ‘‘(c) CONTENTS.—A State developing a State energy 

4 transportation plan under this section shall include in such 

5 plan a plan to— 

6 ‘‘(1) deploy a network of electric vehicle supply 

7 equipment to ensure access to electricity for electric 

8 vehicles; and 

9 ‘‘(2) promote modernization of the electric grid 

10 to accommodate demand for power to operate elec11 tric vehicle supply equipment and to utilize energy 

12 storage capacity provided by electric vehicles. 

13 ‘‘(d) COORDINATION.—In developing a State energy 

14 transportation plan under this section, a State shall co15 ordinate, as appropriate, with— 

16 ‘‘(1) State regulatory authorities (as defined in 

17 section 3 of the Public Utility Regulatory Policies 

18 Act of 1978 (16 U.S.C. 2602)); 

19 ‘‘(2) electric utilities; 

20 ‘‘(3) regional transmission organizations or 

21 independent system operators; 

22 ‘‘(4) private entities that provide electric vehicle 

23 charging services; 

24 ‘‘(5) State transportation agencies, metropoli25 tan planning organizations, and local governments; 


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1 ‘‘(6) electric vehicle manufacturers; 

2 ‘‘(7) public and private entities that manage ve3 hicle fleets; and 

4 ‘‘(8) public and private entities that manage 

5 ports, airports, or other transportation hubs. 

6 ‘‘(e) TECHNICAL ASSISTANCE.—Upon request of the 

7 Governor of a State, the Secretary shall provide informa8 tion and technical assistance in the development, imple9 mentation, or revision of a State energy transportation 

10 plan. 

11 ‘‘(f) ELECTRIC VEHICLE SUPPLY EQUIPMENT DE12 FINED.—For purposes of this section, the term ‘electric 

13 vehicle supply equipment’ means conductors, including 

14 ungrounded, grounded, and equipment grounding conduc15 tors, electric vehicle connectors, attachment plugs, and all 

16 other fittings, devices, power outlets, or apparatuses in17 stalled specifically for the purpose of delivering energy to 

18 an electric vehicle.’’. 

19 SEC. 10. TRANSPORTATION ELECTRIFICATION. 

20 Section 131 of the Energy Independence and Security 

21 Act of 2007 (42 U.S.C. 17011) is amended— 

22 (1) in subsection (a)(6)— 

23 (A) in the matter preceding subparagraph 

24 (A), by striking ‘‘and petroleum,’’ and inserting 

25 ‘‘petroleum, expand use of electric vehicles, and 


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1 facilitate electrification of the transportation 

2 sector,’’; 

3 (B) in subparagraph (A), by inserting 

4 ‘‘and ground support equipment at ports’’ be5 fore the semicolon; 

6 (C) in subparagraph (E), by inserting 

7 ‘‘and vehicles’’ before the semicolon; 

8 (D) in subparagraph (H), by striking 

9 ‘‘and’’ at the end; 

10 (E) in subparagraph (I)— 

11 (i) by striking ‘‘battery chargers,’’; 

12 and 

13 (ii) by striking the period at the end 

14 and inserting a semicolon; and 

15 (F) by adding at the end the following: 

16 ‘‘(J) plug-in electric vehicle charging infra17 structure, including publicly accessible charging 

18 infrastructure, including infrastructure acces19 sible to rural, urban, and low-income commu20 nities or infrastructure on commercial property; 

21 and 

22 ‘‘(K) multi-use charging hubs used for 

23 multiple forms of transportation.’’; 

24 (2) in subsection (b)— 

25 (A) in paragraph (3)(A)— 


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1 (i) in clause (i), by striking ‘‘and’’ at 

2 the end; 

3 (ii) in clause (ii), by inserting ‘‘, vehi4 cle components, and plug-in electric vehicle 

5 charging equipment’’ after ‘‘vehicles’’; and 

6 (iii) by adding at the end the fol7 lowing: 

8 ‘‘(iii) contain a written assurance that 

9 all laborers and mechanics employed by 

10 contractors or subcontractors during con11 struction, alteration, or repair that is fi12 nanced, in whole or in part, by a grant 

13 under this section shall be paid wages at 

14 rates not less than those prevailing on 

15 similar construction in the locality, as de16 termined by the Secretary of Labor in ac17 cordance with sections 3141 through 3144, 

18 3146, and 3147 of title 40, United States 

19 Code (and the Secretary of Labor shall, 

20 with respect to the labor standards de21 scribed in this clause, have the authority 

22 and functions set forth in Reorganization 

23 Plan Numbered 14 of 1950 (5 U.S.C. 

24 App.) and section 3145 of title 40, United 

25 States Code); and’’; and 


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1 (B) in paragraph (6), by striking 

2 ‘‘$90,000,000 for each of fiscal years 2008 

3 through 2012’’ and inserting ‘‘$2,000,000,000 

4 for each of fiscal years 2021 through 2030’’; 

5 and 

6 (3) in subsection (c)— 

7 (A) in the header, by striking ‘‘NEAR8 TERM’’ and inserting ‘‘LARGE-SCALE’’; and 

9 (B) in paragraph (4), by striking 

10 ‘‘$95,000,000 for each of fiscal years 2008 

11 through 2013’’ and inserting ‘‘$2,500,000,000 

12 for each of fiscal years 2021 through 2030’’. 

13 SEC. 11. FEDERAL FLEETS. 

14 (a) MINIMUM FEDERAL FLEET REQUIREMENT.— 

15 Section 303 of the Energy Policy Act of 1992 (42 U.S.C. 

16 13212) is amended— 

17 (1) by striking subsection (b) and inserting the 

18 following: 

19 ‘‘(b) PERCENTAGE REQUIREMENTS.— 

20 ‘‘(1) IN GENERAL.— 

21 ‘‘(A) LIGHT-DUTY VEHICLES.—Beginning 

22 in fiscal year 2025, 100 percent of the total 

23 number of light-duty vehicles acquired by a 

24 Federal fleet shall be alternative fueled vehicles, 

25 of which— 


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1 ‘‘(i) at least 50 percent shall be zero 

2 emission vehicles or plug-in hybrids in fis3 cal years 2025 through 2034; 

4 ‘‘(ii) at least 75 percent shall be zero 

5 emission vehicles or plug-in hybrids in fis6 cal years 2035 through 2049; and 

7 ‘‘(iii) 100 percent shall be zero emis8 sion vehicles in fiscal year 2050 and there9 after. 

10 ‘‘(B) MEDIUM- AND HEAVY-DUTY VEHI11 CLES.—The following percentages of the total 

12 number of medium- and heavy-duty vehicles ac13 quired by a Federal fleet shall be alternative 

14 fueled vehicles: 

15 ‘‘(i) At least 20 percent in fiscal years 

16 2025 through 2029. 

17 ‘‘(ii) At least 30 percent in fiscal 

18 years 2030 through 2039. 

19 ‘‘(iii) At least 40 percent in fiscal 

20 years 2040 through 2049. 

21 ‘‘(iv) At least 50 percent in fiscal year 

22 2050 and thereafter. 

23 ‘‘(2) EXCEPTION.—The Secretary, in consulta24 tion with the Administrator of General Services 

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1 quire a smaller percentage than is required in para2 graph (1), so long as the aggregate percentage ac3 quired for each class of vehicle by all Federal fleets 

4 is at least equal to the required percentage. 

5 ‘‘(3) DEFINITIONS.—In this subsection: 

6 ‘‘(A) FEDERAL FLEET.—The term ‘Fed7 eral fleet’ means a fleet of vehicles that are cen8 trally fueled or capable of being centrally fueled 

9 and are owned, operated, leased, or otherwise 

10 controlled by or assigned to any Federal execu11 tive department, military department, Govern12 ment corporation, independent establishment, 

13 or executive agency, the United States Postal 

14 Service, the Congress, the courts of the United 

15 States, or the Executive Office of the President. 

16 Such term does not include— 

17 ‘‘(i) motor vehicles held for lease or 

18 rental to the general public; 

19 ‘‘(ii) motor vehicles used for motor ve20 hicle manufacturer product evaluations or 

21 tests; 

22 ‘‘(iii) law enforcement vehicles; 

23 ‘‘(iv) emergency vehicles; or 

24 ‘‘(v) motor vehicles acquired and used 

25 for military purposes that the Secretary of 


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1 Defense has certified to the Secretary must 

2 be exempt for national security reasons. 

3 ‘‘(B) FLEET.—The term ‘fleet’ means— 

4 ‘‘(i) 20 or more light-duty vehicles, lo5 cated in a metropolitan statistical area or 

6 consolidated metropolitan statistical area, 

7 as established by the Bureau of the Cen8 sus, with a 1980 population of more than 

9 250,000; or 

10 ‘‘(ii) 10 or more medium- or heavy11 duty vehicles, located at a Federal facility 

12 or located in a metropolitan statistical area 

13 or consolidated metropolitan statistical 

14 area, as established by the Bureau of the 

15 Census, with a 1980 population of more 

16 than 250,000.’’; and 

17 (2) in subsection (f)(2)(B)— 

18 (A) by striking ‘‘, either’’; and 

19 (B) in clause (i), by striking ‘‘or’’ and in20 serting ‘‘and’’. 

21 (b) FEDERAL FLEET CONSERVATION REQUIRE22 MENTS.—Section 400FF(a) of the Energy Policy and 

23 Conservation Act (42 U.S.C. 6374e) is amended— 

24 (1) in paragraph (1)— 


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1 (A) by striking ‘‘18 months after the date 

2 of enactment of this section’’ and inserting ‘‘12 

3 months after the date of enactment of the NO 

4 EXHAUST Act of 2020’’; 

5 (B) by striking ‘‘2010’’ and inserting 

6 ‘‘2022’’; and 

7 (C) by striking ‘‘and increase alternative 

8 fuel consumption’’ and inserting ‘‘, increase al9 ternative fuel consumption, and reduce vehicle 

10 greenhouse gas emissions’’; and 

11 (2) by striking paragraph (2) and inserting the 

12 following: 

13 ‘‘(2) GOALS.—The goals of the requirements 

14 under paragraph (1) are that each Federal agency 

15 shall— 

16 ‘‘(A) reduce fleet-wide per-mile greenhouse 

17 gas emissions from agency fleet vehicles, rel18 ative to a baseline of emissions in 2015, by— 

19 ‘‘(i) not less than 30 percent by the 

20 end of fiscal year 2025; 

21 ‘‘(ii) not less than 50 percent by the 

22 end of fiscal year 2030; and 

23 ‘‘(iii) 100 percent by the end of fiscal 

24 year 2050; and 


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1 ‘‘(B) increase the annual percentage of al2 ternative fuel consumption by agency fleet vehi3 cles as a proportion of total annual fuel con4 sumption by Federal fleet vehicles, to achieve— 

5 ‘‘(i) 25 percent of total annual fuel 

6 consumption that is alternative fuel by the 

7 end of fiscal year 2025; 

8 ‘‘(ii) 50 percent of total annual fuel 

9 consumption that is alternative fuel by the 

10 end of fiscal year 2035; and 

11 ‘‘(iii) at least 85 percent of total an12 nual fuel consumption that is alternative 

13 fuel by the end of fiscal year 2050.’’. 

14 SEC. 12. DOMESTIC MANUFACTURING CONVERSION GRANT 

15 PROGRAM. 

16 (a) HYBRID VEHICLES, ADVANCED VEHICLES, AND

17 FUEL CELL BUSES.—Subtitle B of title VII of the Energy 

18 Policy Act of 2005 (42 U.S.C. 16061 et seq.) is amend19 ed— 

20 (1) in the subtitle header, by inserting ‘‘Plug21 In Electric Vehicles,’’ before ‘‘Hybrid Vehi22 cles’’; and 

23 (2) in part 1, in the part header, by striking 

24 ‘‘HYBRID’’ and inserting ‘‘PLUG-IN ELECTRIC’’. 


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1 (b) PLUG-IN ELECTRIC VEHICLES.—Section 711 of 

2 the Energy Policy Act of 2005 (42 U.S.C. 16061) is 

3 amended to read as follows: 

4 ‘‘SEC. 711. PLUG-IN ELECTRIC VEHICLES. 

5 ‘‘The Secretary shall accelerate domestic manufac6 turing efforts directed toward the improvement of bat7 teries, power electronics, and other technologies for use 

8 in plug-in electric vehicles.’’. 

9 (c) EFFICIENT HYBRID AND ADVANCED DIESEL VE10 HICLES.—Section 712 of the Energy Policy Act of 2005 

11 (42 U.S.C. 16062) is amended— 

12 (1) in subsection (a)— 

13 (A) in paragraph (1), by inserting ‘‘, plug14 in electric vehicles,’’ after ‘‘efficient hybrid’’; 

15 and 

16 (B) by amending paragraph (3) to read as 

17 follows: 

18 ‘‘(3) PRIORITY.—Priority shall be given to— 

19 ‘‘(A) the refurbishment or retooling of 

20 manufacturing facilities that have recently 

21 ceased operation or will cease operation in the 

22 near future; and 

23 ‘‘(B) applications containing a written as24 surance that— 


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1 ‘‘(i) all laborers and mechanics em2 ployed by contractors or subcontractors 

3 during construction, alteration, retooling, 

4 or repair that is financed, in whole or in 

5 part, by a grant under this subsection shall 

6 be paid wages at rates not less than those 

7 prevailing on similar construction in the lo8 cality, as determined by the Secretary of 

9 Labor in accordance with sections 3141 

10 through 3144, 3146, and 3147 of title 40, 

11 United States Code; 

12 ‘‘(ii) all laborers and mechanics em13 ployed by the owner or operator of a man14 ufacturing facility that is financed, in 

15 whole or in part, by a grant under this 

16 subsection shall be paid wages at rates not 

17 less than those prevailing on similar con18 struction in the locality, as determined by 

19 the Secretary of Labor in accordance with 

20 sections 3141 through 3144, 3146, and 

21 3147 of title 40, United States Code; and 

22 ‘‘(iii) the Secretary of Labor shall, 

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1 tion Plan Numbered 14 of 1950 (5 U.S.C. 

2 App.) and section 3145 of title 40, United 

3 States Code.’’; and 

4 (2) by striking subsection (c) and inserting the 

5 following: 

6 ‘‘(c) COST SHARE AND GUARANTEE OF OPER7 ATION.— 

8 ‘‘(1) CONDITION.—A recipient of a grant under 

9 this section shall pay the Secretary the full amount 

10 of the grant if the facility financed in whole or in 

11 part under this subsection fails to manufacture 

12 goods for a period of at least 10 years after the com13 pletion of construction. 

14 ‘‘(2) COST SHARE.—Section 988(c) shall apply 

15 to a grant made under this subsection. 

16 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

17 is authorized to be appropriated to the Secretary $2.5 bil18 lion for each of fiscal years 2021 through 2030. 

19 ‘‘(e) PERIOD OF AVAILABILITY.—An award made 

20 under this section after the date of enactment of this sub21 section shall only be available with respect to facilities and 

22 equipment placed in service before December 30, 2035.’’. 


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1 SEC. 13. ADVANCED TECHNOLOGY VEHICLES MANUFAC2 TURING INCENTIVE PROGRAM. 

3 Section 136 of the Energy Independence and Security 

4 Act of 2007 (42 U.S.C. 17013) is amended— 

5 (1) in subsection (a)— 

6 (A) in paragraph (1)— 

7 (i) by redesignating subparagraphs 

8 (A) through (C) as clauses (i) through 

9 (iii), respectively, and indenting appro10 priately; 

11 (ii) by striking ‘‘(1) ADVANCED TECH12 NOLOGY VEHICLE.—’’ and all that follows 

13 through ‘‘meets—’’ and inserting the fol14 lowing: 

15 ‘‘(1) ADVANCED TECHNOLOGY VEHICLE.—The 

16 term ‘advanced technology vehicle’ means— 

17 ‘‘(A) an ultra efficient vehicle; 

18 ‘‘(B) a light duty vehicle that meets—’’; 

19 (iii) by amending subparagraph 

20 (B)(iii) (as so redesignated) to read as fol21 lows: 

22 ‘‘(iii) the applicable regulatory stand23 ards for emissions of greenhouse gases for 

24 model year 2021 through 2025 vehicles 

25 promulgated by the Administrator of the 

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1 ber 15, 2012 (77 Fed. Reg. 62624); or’’; 

2 and 

3 (iv) by adding at the end the fol4 lowing: 

5 ‘‘(C) a heavy-duty vehicle (including a me6 dium-duty passenger vehicle), as defined in sec7 tion 86.1803–01 of title 40, Code of Federal 

8 Regulations (or successor regulations), that— 

9 ‘‘(i) complies early with the applicable 

10 regulatory standards for emissions of 

11 greenhouse gases for model year 2024 ve12 hicles promulgated by the Administrator 

13 on October 25, 2016 (81 Fed. Reg. 

14 73478); 

15 ‘‘(ii) complies early with, or dem16 onstrates achievement below, the applicable 

17 regulatory standards for emissions of 

18 greenhouse gases for model year 2027 ve19 hicles promulgated by the Administrator 

20 on October 25, 2016 (81 Fed. Reg. 

21 73478); or 

22 ‘‘(iii) emits zero emissions of green23 house gases.’’; 


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1 (B) by striking paragraph (2) and redesig2 nating paragraphs (3) through (5) as para3 graphs (2) through (4), respectively; and 

4 (C) by amending paragraph (3) (as so re5 designated) to read as follows: 

6 ‘‘(4) QUALIFYING COMPONENTS.—The term 

7 ‘qualifying components’ means components, systems, 

8 or groups of subsystems that the Secretary deter9 mines to be designed to reduce emissions of green10 house gases or oxides of nitrogen.’’; 

11 (2) in subsection (b)— 

12 (A) in the matter preceding paragraph 

13 (1)— 

14 (i) by striking ‘‘automobile manufac15 turers, ultra efficient vehicle manufactur16 ers,’’ and inserting ‘‘advanced technology 

17 vehicle manufacturers’’; and 

18 (ii) by striking ‘‘30 percent’’ and in19 serting ‘‘50 percent’’; 

20 (B) in paragraph (1)— 

21 (i) in subparagraph (A), by striking 

22 ‘‘qualifying advanced technology vehicles;’’ 

23 and inserting ‘‘advanced technology vehi24 cles; or’’; 


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1 (ii) in subparagraph (B), by striking 

2 ‘‘; or’’ and inserting ‘‘; and’’; and 

3 (iii) by striking subparagraph (C); 

4 and 

5 (C) in paragraph (2), by striking ‘‘quali6 fying vehicles, ultra efficient vehicles,’’ and in7 serting ‘‘advanced technology vehicles’’; 

8 (3) in subsection (c), by striking ‘‘2020’’ and 

9 inserting ‘‘2030’’ each place it appears; 

10 (4) in subsection (g), by inserting ‘‘or medium11 duty or heavy-duty vehicles that emit zero green12 house gas emissions’’ after ‘‘ultra efficient vehicles’’; 

13 (5) in subsection (h)— 

14 (A) in the header, by striking ‘‘AUTO15 MOBILE’’ and inserting ‘‘ADVANCED TECH16 NOLOGY VEHICLE’’; and 

17 (B) in paragraph (1)(B), by striking 

18 ‘‘automobiles, or components of automobiles’’ 

19 and inserting ‘‘advanced technology vehicles, or 

20 components of advanced technology vehicles’’; 

21 and 

22 (6) in subsection (i), by striking ‘‘2008 through 

23 2012’’ and inserting ‘‘2021 through 2030’’. 

Æ 


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