II 

117TH CONGRESS 

1ST SESSION S. 2347 

To require the Administrator of the Environmental Protection Agency to 

establish a rebate program to promote the purchase and installation 

of electric vehicle supply equipment for medium- and heavy-duty vehicles, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 14, 2021 

Mr. MERKLEY (for himself, Mr. PADILLA, and Mr. MARKEY) introduced the 

following bill; which was read twice and referred to the Committee on Environment and Public Works 

A BILL 

To require the Administrator of the Environmental Protection Agency to establish a rebate program to promote 

the purchase and installation of electric vehicle supply 

equipment for medium- and heavy-duty vehicles, 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 ‘‘Medium- and Heavy5 Duty Electric Vehicle Infrastructure Act of 2021’’. 

6 SEC. 2. FLEET CHARGING REBATE PROGRAM. 

7 (a) DEFINITIONS.—In this section: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency. 

4 (2) CHARGING EQUIPMENT CEILING AMOUNT.— 

5 The term ‘‘charging equipment ceiling amount’’ 

6 means, with respect to eligible equipment that is— 

7 (A) networked level 2 charging equipment, 

8 $4,000; and 

9 (B) networked direct current fast charging 

10 equipment, $100,000. 

11 (3) COVERED EXPENSE.—The term ‘‘covered 

12 expense’’ means an expense that is associated with 

13 the purchase and installation of eligible electric vehi14 cle supply equipment for a medium-duty electric ve15 hicle or heavy-duty electric vehicle, including— 

16 (A) the cost of electric vehicle supply 

17 equipment hardware; 

18 (B) labor costs associated with the installa19 tion of that hardware, if wages for that labor 

20 are paid at rates not less than those prevailing 

21 on labor of a character similar in the locality of 

22 installation, as determined by the Secretary of 

23 Labor in accordance with subchapter IV of 

24 chapter 31 of part A of subtitle II of title 40, 


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1 United States Code (commonly referred to as 

2 the ‘‘Davis-Bacon Act’’); 

3 (C) material costs associated with the in4 stallation of that hardware, including expenses 

5 involving electrical equipment and necessary up6 grades or modifications to the electric grid and 

7 associated infrastructure that are required for 

8 the installation of that hardware; and 

9 (D) permit costs associated with the instal10 lation of that hardware. 

11 (4) ELIGIBLE ELECTRIC VEHICLE SUPPLY

12 EQUIPMENT.—The term ‘‘eligible electric vehicle 

13 supply equipment’’ means a charger that— 

14 (A) is connected to the electric grid; and 

15 (B) supplies electricity to— 

16 (i) a medium-duty electric vehicle; or 

17 (ii) a heavy-duty electric vehicle. 

18 (5) ELIGIBLE EQUIPMENT.—The term ‘‘eligible 

19 equipment’’ means any eligible electric vehicle supply 

20 equipment or associated hardware or software that 

21 is included on the list of eligible equipment published 

22 by the Administrator under subsection (c)(2). 

23 (6) ELIGIBLE FLEET OPERATOR.—The term 

24 ‘‘eligible fleet operator’’ means an individual, a 

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1 cial tax district, a rural electric cooperative, a port 

2 authority, an airport authority, or a private entity 

3 that— 

4 (A) operates a centrally fueled non-transit 

5 fleet of medium-duty electric vehicles or heavy6 duty electric vehicles; 

7 (B) presents a purchase order of eligible 

8 medium-duty electric vehicles or heavy-duty 

9 electric vehicles at the time of application; or 

10 (C) provides such documentation of the op11 eration or intent to operate a centrally fueled 

12 non-transit fleet of medium-duty electric vehi13 cles or heavy-duty electric vehicles as the Ad14 ministrator determines to be necessary. 

15 (7) HEAVY-DUTY ELECTRIC VEHICLE.—The 

16 term ‘‘heavy-duty electric vehicle’’ means a non-tran17 sit vehicle that— 

18 (A) derives all of the power of the vehicle 

19 from electricity; and 

20 (B) has a gross vehicle weight rating of 

21 not less than 26,000 pounds. 

22 (8) MEDIUM-DUTY ELECTRIC VEHICLE.—The 

23 term ‘‘medium-duty electric vehicle’’ means a vehicle 

24 that— 


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1 (A) derives all of the power of the vehicle 

2 from electricity; and 

3 (B)(i) has a gross vehicle weight rating 

4 of— 

5 (I) less than 26,000 pounds; but 

6 (II) not less than 10,000 pounds; or 

7 (ii) is an off-road vehicle with a gross vehi8 cle weight rating of more than 4,200 pounds. 

9 (9) MULTI-PORT LEVEL 2 CHARGER.—The term 

10 ‘‘multi-port level 2 charger’’ means networked level 

11 2 charging equipment that is capable of charging 

12 more than 1 medium-duty electric vehicle or heavy13 duty electric vehicle simultaneously. 

14 (10) NETWORKED DIRECT CURRENT FAST

15 CHARGING EQUIPMENT.—The term ‘‘networked di16 rect current fast charging equipment’’ means electric 

17 vehicle supply equipment that— 

18 (A) provides a direct current power source; 

19 and 

20 (B) is able to connect to a network to fa21 cilitate— 

22 (i) data collection; and 

23 (ii) access to the data collected. 

24 (11) NETWORKED LEVEL 2 CHARGING EQUIP25 MENT.—The term ‘‘networked level 2 charging 


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1 equipment’’ means electric vehicle supply equipment 

2 that— 

3 (A) provides an alternating current power 

4 source at a minimum of 208 volts; and 

5 (B) is able to connect to a network to fa6 cilitate— 

7 (i) data collection; and 

8 (ii) access to the data collected. 

9 (12) REBATE PROGRAM.—The term ‘‘rebate 

10 program’’ means the rebate program established 

11 under subsection (b). 

12 (b) ESTABLISHMENT.—Not later than January 1, 

13 2022, and subject to the availability of appropriations, the 

14 Administrator shall establish a rebate program to promote 

15 the purchase and installation of electric vehicle supply 

16 equipment for medium-duty electric vehicles and heavy17 duty electric vehicles. 

18 (c) REQUIREMENTS.— 

19 (1) IN GENERAL.—The Administrator may pro20 vide a rebate under the rebate program to an eligible 

21 fleet operator for the installation of eligible equip22 ment at an eligible site described in paragraph (3). 

23 (2) LIST OF ELIGIBLE EQUIPMENT.— 

24 (A) IN GENERAL.—Not later than 90 days 

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1 ministrator shall publish on the website of the 

2 Environmental Protection Agency a list of eligi3 ble equipment for which an eligible fleet oper4 ator may receive a rebate under the rebate pro5 gram. 

6 (B) MAINTENANCE AND UPDATES.—After 

7 the date on which the list under subparagraph 

8 (A) is published, the Administrator— 

9 (i) shall maintain the list, including 

10 through periodic review and updates; and 

11 (ii) may add additional hardware or 

12 software to the list, if the Administrator 

13 determines that the additional hardware or 

14 software is likely— 

15 (I) to lead to greater usage of eli16 gible electric vehicle supply equipment 

17 for medium-duty electric vehicles and 

18 heavy-duty electric vehicles; or 

19 (II) to improve the experience of 

20 users of eligible electric vehicle supply 

21 equipment. 

22 (3) ELIGIBLE SITES.—An eligible fleet operator 

23 may receive a rebate under the rebate program for 

24 the installation of eligible equipment only if the eligi25 ble equipment is installed at a site that— 


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1 (A) is in the United States; 

2 (B) is located on property— 

3 (i) owned by the eligible fleet oper4 ator; or 

5 (ii) on which the eligible fleet operator 

6 has authority to install eligible equipment; 

7 and 

8 (C) serves not fewer than the minimum 

9 number of medium-duty electric vehicles or 

10 heavy-duty electric vehicles that the Adminis11 trator determines is required to be served by a 

12 site. 

13 (4) APPLICATIONS.— 

14 (A) IN GENERAL.—An eligible fleet oper15 ator may submit to the Administrator an appli16 cation for a rebate under the rebate program at 

17 such time and in such manner as the Adminis18 trator may require. 

19 (B) REQUIREMENTS.—An application 

20 under subparagraph (A) shall include— 

21 (i) the estimated cost of covered ex22 penses to be incurred with respect to the 

23 purchase or installation of eligible equip24 ment for which the eligible fleet operator 

25 seeks a rebate; 


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1 (ii) the portion of those covered ex2 penses that represents the estimated in3 stallation cost of the eligible equipment; 

4 (iii) the address of the location where 

5 the eligible equipment will be installed, 

6 which shall be considered by the Adminis7 trator to be confidential business informa8 tion; 

9 (iv) the technical specifications of the 

10 eligible equipment, including the maximum 

11 power and amperage of the eligible equip12 ment; 

13 (v) if the eligible fleet operator is 

14 seeking a community benefit bonus under 

15 paragraph (5)(B) or a rural bonus under 

16 paragraph (5)(C), documentation dem17 onstrating that the eligible fleet operator is 

18 eligible for the bonus; and 

19 (vi) any other information determined 

20 by the Administrator to be necessary for a 

21 complete application. 

22 (C) REVIEW PROCESS.—The Administrator 

23 shall, within 90 days of the date on which the 

24 Administrator receives an application under 

25 subparagraph (A)— 


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1 (i) review the application; and 

2 (ii) approve the eligible fleet operator 

3 submitting the application for a rebate 

4 under the rebate program if the Adminis5 trator determines that— 

6 (I) the application meets the re7 quirements described in subparagraph 

8 (B); 

9 (II) the rebate would be for the 

10 installation of eligible equipment at an 

11 eligible site; 

12 (III) sufficient amounts will be 

13 made available under this section to 

14 provide the rebate; 

15 (IV) providing the rebate would 

16 not cause the eligible fleet operator to 

17 exceed the limitation described in 

18 paragraph (5)(D)(iii)(I); and 

19 (V) the eligible fleet operator has 

20 complied with all other applicable re21 quirements of the rebate program. 

22 (5) REBATE AMOUNT.— 

23 (A) IN GENERAL.—The amount of a rebate 

24 under the rebate program shall be, with respect 

25 to a project for which the rebate is sought— 


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1 (i) for an eligible fleet operator that is 

2 a public sector or nonprofit entity, equal to 

3 the lesser of— 

4 (I) 80 percent of the covered ex5 penses; and 

6 (II) the charging equipment ceil7 ing amount; and 

8 (ii) for an eligible fleet operator that 

9 is a private sector entity that is not a non10 profit entity, equal to the lesser of— 

11 (I) 50 percent of the covered ex12 penses; and 

13 (II) the charging equipment ceil14 ing amount. 

15 (B) COMMUNITY BENEFIT BONUS.— 

16 (i) IN GENERAL.—Subject to subpara17 graph (D)(i), the Administrator shall 

18 award an additional amount, to be known 

19 as a ‘‘community benefit bonus’’, to an eli20 gible fleet operator receiving a rebate 

21 under the rebate program if the majority 

22 of the vehicle miles traveled by the me23 dium-duty electric vehicles and heavy-duty 

24 electric vehicles in the fleet of the eligible 

25 fleet operator are traveled in a county that, 


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1 as of the date of enactment of this Act, is 

2 designated as a nonattainment area for 

3 ozone or carbon monoxide under the Clean 

4 Air Act (42 U.S.C. 7401 et seq.). 

5 (ii) AMOUNT OF BONUS.—With re6 spect to the rebate received by the eligible 

7 fleet operator, the amount of a community 

8 benefit bonus under clause (i) shall be 

9 equal to the lesser of— 

10 (I) 20 percent of the covered ex11 penses received under the rebate; and 

12 (II) 25 percent of the charging 

13 equipment ceiling amount received 

14 under the rebate. 

15 (C) RURAL BONUS.— 

16 (i) IN GENERAL.—Subject to subpara17 graph (D)(i), the Administrator shall 

18 award an additional amount, to be known 

19 as a ‘‘rural bonus’’, to an eligible fleet op20 erator receiving a rebate under the rebate 

21 program if— 

22 (I) the eligible fleet operator uses 

23 the rebate to install electric vehicle 

24 supply equipment in a rural area (as 


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1 defined in section 101(a) of title 23, 

2 United States Code); and 

3 (II) the majority of the vehicle 

4 miles traveled by the medium-duty 

5 electric vehicles and heavy-duty elec6 tric vehicles in the fleet of the eligible 

7 fleet operator are traveled in a rural 

8 area (as so defined). 

9 (ii) AMOUNT OF BONUS.—With re10 spect to the rebate received by the eligible 

11 fleet operator, the amount of a rural bonus 

12 under clause (i) shall be equal to the lesser 

13 of— 

14 (I) 20 percent of the covered ex15 penses received under the rebate; and 

16 (II) 25 percent of the charging 

17 equipment ceiling amount received 

18 under the rebate. 

19 (D) LIMITATIONS.— 

20 (i) LIMITATION ON BONUSES.—An eli21 gible fleet operator may not receive both a 

22 community benefit bonus under subpara23 graph (B) and a rural bonus under sub24 paragraph (C) with respect to the same re25 bate under the rebate program. 


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1 (ii) MULTI-PORT LEVEL 2 CHAR2 GERS.—The Administrator shall consider 

3 each charging port on a multi-port level 2 

4 charger to be a separate unit of electric ve5 hicle supply equipment for purposes of de6 termining the amount of a rebate or bonus 

7 under this section. 

8 (iii) MAXIMUM AMOUNT FOR ACTIVE

9 PROJECTS.—An eligible fleet operator 

10 may— 

11 (I) separately or simultaneously 

12 apply for, and be awarded, rebates to13 taling up to $1,000,000, including any 

14 bonuses received under subparagraphs 

15 (B) and (C), for projects that, as de16 termined by the Administrator, are 

17 active projects; and 

18 (II) apply for additional rebates 

19 on completion of active projects. 

20 (iv) FOR-PROFIT ENTITIES.—Of the 

21 amounts made available to carry out the 

22 rebate program, not more than 50 percent 

23 may be awarded to eligible fleet operators 

24 that are private sector entities that are not 

25 nonprofit entities. 


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1 (v) ALTERNATIVE FUEL VEHICLE RE2 FUELING PROPERTY CREDIT.—No credit 

3 shall be allowed under section 30C of the 

4 Internal Revenue Code of 1986 for any 

5 property with respect to which a rebate is 

6 received under the rebate program. 

7 (6) AGREEMENT TO MAINTAIN.—To be eligible 

8 for a rebate under the rebate program, an eligible 

9 fleet operator shall enter into an agreement with the 

10 Administrator to maintain the eligible equipment 

11 covered by the rebate in a satisfactory manner for 

12 not less than 5 years after the date on which the eli13 gible fleet operator receives the rebate. 

14 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated to the Administrator to 

16 carry out the rebate program $250,000,000 for each of 

17 fiscal years 2022 through 2025, to remain available until 

18 expended. 

Æ 


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