I 

116TH CONGRESS 

2D SESSION H. R. 5558 

To promote American leadership in vehicle manufacturing, job creation, improved air quality, and climate protection through domestic manufacturing of low- and zero-emission vehicles and development of electric 

vehicle charging networks, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 8, 2020 

Mrs. DINGELL introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To promote American leadership in vehicle manufacturing, 

job creation, improved air quality, and climate protection 

through domestic manufacturing of low- and zero-emission vehicles and development of electric vehicle charging 

networks, 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 ‘‘USA Electrify For5 ward Act’’. 


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1 SEC. 2. DOMESTIC MANUFACTURING CONVERSION GRANT 

2 PROGRAM. 

3 (a) HYBRID VEHICLES, ADVANCED VEHICLES, AND

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

5 Policy Act of 2005 (42 U.S.C. 16061 et seq.) is amend6 ed— 

7 (1) in the subtitle header, by inserting ‘‘Plug8 In Electric Vehicles,’’ before ‘‘Hybrid Vehi9 cles’’; and 

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

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

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

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

14 amended to read as follows: 

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

16 ‘‘The Secretary shall accelerate domestic manufac17 turing efforts directed toward the improvement of bat18 teries, power electronics, and other technologies for use 

19 in plug-in electric vehicles.’’. 

20 (c) EFFICIENT HYBRID AND ADVANCED DIESEL VE21 HICLES.—Section 712 of the Energy Policy Act of 2005 

22 (42 U.S.C. 16062) is amended— 

23 (1) in subsection (a)— 

24 (A) in paragraph (1), by inserting ‘‘, plug25 in electric vehicles,’’ after ‘‘efficient hybrid’’; 

26 and 


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

2 follows: 

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

4 ‘‘(A) the refurbishment or retooling of 

5 manufacturing facilities that have recently 

6 ceased operation or will cease operation in the 

7 near future; and 

8 ‘‘(B) applications containing a written as9 surance that— 

10 ‘‘(i) all laborers and mechanics em11 ployed by contractors or subcontractors 

12 during construction, alteration, retooling, 

13 or repair that is financed, in whole or in 

14 part, by a grant under this subsection shall 

15 be paid wages at rates not less than those 

16 prevailing on similar construction in the lo17 cality, as determined by the Secretary of 

18 Labor in accordance with sections 3141 

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

20 United States Code; 

21 ‘‘(ii) all laborers and mechanics em22 ployed by the owner or operator of a man23 ufacturing facility that is financed, in 

24 whole or in part, by a grant under this 

25 subsection shall be paid wages at rates not 


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1 less than those prevailing on similar con2 struction in the locality, as determined by 

3 the Secretary of Labor in accordance with 

4 sections 3141 through 3144, 3146, and 

5 3147 of title 40, United States Code; and 

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

7 with respect to the labor standards de8 scribed in this paragraph, have the author9 ity and functions set forth in Reorganiza10 tion Plan Numbered 14 of 1950 (5 U.S.C. 

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

12 States Code.’’; and 

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

14 following: 

15 ‘‘(c) COST SHARE AND GUARANTEE OF OPER16 ATION.— 

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

18 this section shall pay the Secretary the full amount 

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

20 part under this subsection fails to manufacture 

21 goods for a period of at least 10 years after the com22 pletion of construction. 

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

24 to a grant made under this subsection. 


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

2 is authorized to be appropriated to the Secretary $2.5 bil3 lion for each of fiscal years 2021 through 2030. 

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

5 under this section after the date of enactment of this sub6 section shall only be available with respect to facilities and 

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

8 SEC. 3. TRANSPORTATION ELECTRIFICATION. 

9 Section 131 of the Energy Independence and Security 

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

11 (1) in subsection (a)(6)— 

12 (A) in the matter preceding subparagraph 

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

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

15 facilitate electrification of the transportation 

16 sector,’’; 

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

18 ‘‘and ground support equipment at ports’’ be19 fore the semicolon; 

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

21 ‘‘and vehicles’’ before the semicolon; 

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

23 ‘‘and’’ at the end; 

24 (E) in subparagraph (I)— 


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

2 and 

3 (ii) by striking the period at the end 

4 and inserting a semicolon; and 

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

6 ‘‘(J) plug-in electric vehicle charging infra7 structure, including publicly accessible charging 

8 infrastructure, including infrastructure acces9 sible to rural, urban, and low-income commu10 nities or infrastructure on commercial property; 

11 and 

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

13 multiple forms of transportation.’’; and 

14 (2) in subsection (b)— 

15 (A) in paragraph (3)(A)— 

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

17 the end; 

18 (ii) in clause (ii), by inserting ‘‘, vehi19 cle components, and plug-in electric vehicle 

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

21 (iii) by adding at the end the fol22 lowing: 

23 ‘‘(iii) contain a written assurance that 

24 all laborers and mechanics employed by 

25 contractors or subcontractors during conVerDate Sep 11 2014 22:14 Jan 10, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5558.IH H5558

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1 struction, alteration, or repair that is fi2 nanced, in whole or in part, by a grant 

3 under this section shall be paid wages at 

4 rates not less than those prevailing on 

5 similar construction in the locality, as de6 termined by the Secretary of Labor in ac7 cordance with sections 3141 through 3144, 

8 3146, and 3147 of title 40, United States 

9 Code (and the Secretary of Labor shall, 

10 with respect to the labor standards de11 scribed in this clause, have the authority 

12 and functions set forth in Reorganization 

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

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

15 States Code); and’’; and 

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

17 ‘‘$90,000,000 for each of fiscal years 2008 

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

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

20 and 

21 (3) in subsection (c)— 

22 (A) in the header, by striking ‘‘NEAR23 TERM’’ and inserting ‘‘LARGE-SCALE’’; and 

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

25 ‘‘$95,000,000 for each of fiscal years 2008 


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

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

3 SEC. 4. MODEL BUILDING CODE FOR ELECTRIC VEHICLE 

4 SUPPLY EQUIPMENT. 

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

6 proposal to establish or update, as appropriate, model 

7 building codes for— 

8 (1) integrating electric vehicle supply equipment 

9 into residential and commercial buildings that in10 clude space for individual vehicle or fleet vehicle 

11 parking; and 

12 (2) integrating onsite renewable power equip13 ment and electric storage equipment (including elec14 tric vehicle batteries to be used for electric storage) 

15 into residential and commercial buildings. 

16 (b) CONSULTATION.—In developing the proposal 

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

18 stakeholders representing the building construction indus19 try, manufacturers of electric vehicles and electric vehicle 

20 supply equipment, State and local governments, and any 

21 other persons with relevant expertise or interests. 

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

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

24 proposal developed under subsection (a) to the American 

25 Society of Heating, Refrigerating, and Air Conditioning 


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1 Engineers, the International Code Council, and the States 

2 for consideration. 

3 SEC. 5. ADVANCED TECHNOLOGY VEHICLES MANUFAC4 TURING INCENTIVE PROGRAM. 

5 Section 136 of the Energy Independence and Security 

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

7 (1) in subsection (a)— 

8 (A) in paragraph (1)— 

9 (i) by redesignating subparagraphs 

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

11 (iii), respectively, and indenting appro12 priately; 

13 (ii) by striking ‘‘(1) ADVANCED TECH14 NOLOGY VEHICLE.—’’ and all that follows 

15 through ‘‘meets—’’ and inserting the fol16 lowing: 

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

18 term ‘advanced technology vehicle’ means— 

19 ‘‘(A) an ultra efficient vehicle; 

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

21 (iii) by amending subparagraph 

22 (B)(iii) (as so redesignated) to read as fol23 lows: 

24 ‘‘(iii) the applicable regulatory stand25 ards for emissions of greenhouse gases for 


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1 model year 2021 through 2025 vehicles 

2 promulgated by the Administrator of the 

3 Environmental Protection Agency on Octo4 ber 15, 2012 (77 Fed. Reg. 62624); or’’; 

5 and 

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

8 ‘‘(C) a heavy-duty vehicle (including a me9 dium-duty passenger vehicle), as defined in sec10 tion 86.1803–01 of title 40, Code of Federal 

11 Regulations (or successor regulations), that— 

12 ‘‘(i) complies early with the applicable 

13 regulatory standards for emissions of 

14 greenhouse gases for model year 2024 ve15 hicles promulgated by the Administrator 

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

17 73478); 

18 ‘‘(ii) complies early with, or dem19 onstrates achievement below, the applicable 

20 regulatory standards for emissions of 

21 greenhouse gases for model year 2027 ve22 hicles promulgated by the Administrator 

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

24 73478); or 


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1 ‘‘(iii) emits zero emissions of green2 house gases.’’; 

3 (B) by striking paragraph (2) and redesig4 nating paragraphs (3) through (5) as para5 graphs (2) through (4), respectively; and 

6 (C) by amending paragraph (3) (as so re7 designated) to read as follows: 

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

9 ‘qualifying components’ means components, systems, 

10 or groups of subsystems that the Secretary deter11 mines to be designed to reduce emissions of green12 house gases or oxides of nitrogen.’’; 

13 (2) in subsection (b)— 

14 (A) in the matter preceding paragraph 

15 (1)— 

16 (i) by striking ‘‘automobile manufac17 turers, ultra efficient vehicle manufactur18 ers,’’ and inserting ‘‘advanced technology 

19 vehicle manufacturers’’; and 

20 (ii) by striking ‘‘30 percent’’ and in21 serting ‘‘50 percent’’; 

22 (B) in paragraph (1)— 

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

24 ‘‘qualifying advanced technology vehicles;’’ 


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1 and inserting ‘‘advanced technology vehi2 cles; or’’; 

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

4 ‘‘; or’’ and inserting ‘‘; and’’; and 

5 (iii) by striking subparagraph (C); 

6 and 

7 (C) in paragraph (2), by striking ‘‘quali8 fying vehicles, ultra efficient vehicles,’’ and in9 serting ‘‘advanced technology vehicles’’; 

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

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

12 (4) in subsection (g), by inserting ‘‘or medium13 duty or heavy-duty vehicles that emit zero green14 house gas emissions’’ after ‘‘ultra efficient vehicles’’; 

15 (5) in subsection (h)— 

16 (A) in the header, by striking ‘‘AUTO17 MOBILE’’ and inserting ‘‘ADVANCED TECH18 NOLOGY VEHICLE’’; and 

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

20 ‘‘automobiles, or components of automobiles’’ 

21 and inserting ‘‘advanced technology vehicles, or 

22 components of advanced technology vehicles’’; 

23 and 

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

25 2012’’ and inserting ‘‘2021 through 2030’’. 


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1 SEC. 6. STATE CONSIDERATION OF ELECTRIC VEHICLE 

2 CHARGING. 

3 (a) CONSIDERATION AND DETERMINATION RESPECT4 ING CERTAIN RATEMAKING STANDARDS.—Section 111(d) 

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

6 U.S.C. 2621(d)) is amended by adding at the end the fol7 lowing: 

8 ‘‘(20) ELECTRIC VEHICLE CHARGING PRO9 GRAMS.— 

10 ‘‘(A) IN GENERAL.—Each State shall con11 sider— 

12 ‘‘(i) authorizing measures to stimulate 

13 investment in and deployment of electric 

14 vehicle supply equipment and to foster the 

15 market for vehicle charging; 

16 ‘‘(ii) authorizing each electric utility 

17 of the State to recover from ratepayers any 

18 capital, operating expenditure, or other 

19 costs of the electric utility relating to load 

20 management, programs, or investments as21 sociated with the integration of electric ve22 hicle supply equipment onto the grid and 

23 promoting greater electrification of the 

24 transportation sector; and 

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

26 owns and operates an electric vehicle 


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1 charging facility for the sole purpose of re2 charging an electric vehicle battery to be 

3 excluded from regulation as an electric 

4 utility pursuant to section 3(4) when mak5 ing electricity sales from the use of the 

6 electric vehicle charging facility, if such 

7 sales are the only sales of electricity made 

8 by the person or agency. 

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

10 paragraph, the term ‘electric vehicle supply 

11 equipment’ means conductors, including 

12 ungrounded, grounded, and equipment ground13 ing conductors, electric vehicle connectors, at14 tachment plugs, and all other fittings, devices, 

15 power outlets, or apparatuses installed specifi16 cally for the purpose of delivering energy to an 

17 electric vehicle.’’. 

18 (b) OBLIGATIONS TO CONSIDER AND DETERMINE.— 

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

20 Public Utility Regulatory Policies Act of 1978 (16 

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

22 the following: 

23 ‘‘(7)(A) Not later than 1 year after the enact24 ment of this paragraph, each State regulatory au25 thority (with respect to each electric utility for which 


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1 it has ratemaking authority) and each nonregulated 

2 utility shall commence the consideration referred to 

3 in section 111, or set a hearing date for consider4 ation, with respect to the standards established by 

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

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

7 the enactment of this paragraph, each State regu8 latory authority (with respect to each electric utility 

9 for which it has ratemaking authority), and each 

10 nonregulated electric utility, shall complete the con11 sideration, and shall make the determination, re12 ferred to in section 111 with respect to each stand13 ard established by paragraph (20) of section 

14 111(d).’’. 

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

16 the Public Utility Regulatory Policies Act of 1978 

17 (16 U.S.C. 2622(c)) is amended by striking ‘‘(19)’’ 

18 and inserting ‘‘(20)’’. 

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

20 Public Utility Regulatory Policies Act of 1978 (16 

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

22 following: 

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

24 (c) of this section shall not apply to the standard estab25 lished by paragraph (20) of section 111(d) in the case of 


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

2 this subsection— 

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

4 the standard concerned (or a comparable standard); 

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

6 State or relevant nonregulated electric utility has 

7 conducted a proceeding to consider implementation 

8 of the standard concerned (or a comparable stand9 ard) for such utility; 

10 ‘‘(3) the State legislature has voted on the im11 plementation of such standard (or a comparable 

12 standard) for such utility; or 

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

14 incentives or other steps to strongly encourage the 

15 deployment of electric vehicles.’’. 

Æ 


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