I 

117TH CONGRESS 

1ST SESSION H. R. 2852 

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 

APRIL 26, 2021 

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

on Energy and Commerce, and in addition to the Committees on Oversight and Reform, and Science, Space, and Technology, 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 2021’’ or the ‘‘NO EXHAUST Act of 2021’’. 


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1 TITLE I—ELECTRIC VEHICLE 

2 INFRASTRUCTURE 

3 SEC. 101. DEFINITIONS. 

4 In this title: 

5 (1) ELECTRIC VEHICLE SUPPLY EQUIPMENT.— 

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

7 any conductors, including ungrounded, grounded, 

8 and equipment grounding conductors, electric vehicle 

9 connectors, attachment plugs, and all other fittings, 

10 devices, power outlets, or apparatuses installed spe11 cifically for the purpose of delivering energy to an 

12 electric vehicle. 

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

14 the Secretary of Energy. 

15 (3) UNDERSERVED OR DISADVANTAGED COM16 MUNITY.—The term ‘‘underserved or disadvantaged 

17 community’’ means— 

18 (A) a community located in a ZIP code 

19 that includes a census tract that is identified 

20 as— 

21 (i) a low-income community; or 

22 (ii) a community of color; 

23 (B) a community in which climate change, 

24 pollution, or environmental destruction have ex25 acerbated systemic racial, regional, social, enviVerDate Sep 11 2014 16:28 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2852.IH H2852

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1 ronmental, and economic injustices by dis2 proportionately affecting indigenous peoples, 

3 communities of color, migrant communities, 

4 deindustrialized communities, depopulated rural 

5 communities, the poor, low-income workers, 

6 women, the elderly, the unhoused, people with 

7 disabilities, or youth; or 

8 (C) any other community that the Sec9 retary determines is disproportionately vulner10 able to, or bears a disproportionate burden of, 

11 any combination of economic, social, and envi12 ronmental stressors. 

13 SEC. 102. ELECTRIC VEHICLE SUPPLY EQUIPMENT REBATE 

14 PROGRAM. 

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

16 2022, the Secretary shall establish a rebate program to 

17 provide rebates for covered expenses associated with pub18 licly accessible electric vehicle supply equipment (in this 

19 section referred to as the ‘‘rebate program’’). 

20 (b) REBATE PROGRAM REQUIREMENTS.— 

21 (1) ELIGIBLE ENTITIES.—A rebate under the 

22 rebate program may be made to an individual, a 

23 State, local, Tribal, or Territorial government, a pri24 vate entity, a not-for-profit entity, a nonprofit entity, 

25 or a metropolitan planning organization. 


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1 (2) ELIGIBLE EQUIPMENT.— 

2 (A) IN GENERAL.—Not later than 180 

3 days after the date of the enactment of this 

4 Act, the Secretary shall publish and maintain 

5 on the Department of Energy internet website 

6 a list of electric vehicle supply equipment that 

7 is eligible for the rebate program. 

8 (B) UPDATES.—The Secretary may, by 

9 regulation, add to, or otherwise revise, the list 

10 of electric vehicle supply equipment under sub11 paragraph (A) if the Secretary determines that 

12 such addition or revision will likely lead to— 

13 (i) greater usage of electric vehicle 

14 supply equipment; 

15 (ii) greater access to electric vehicle 

16 supply equipment by users; or 

17 (iii) an improved experience for users 

18 of electric vehicle supply equipment, in19 cluding accessibility in compliance with the 

20 Americans with Disabilities Act of 1990 

21 (42 U.S.C. 12101 et seq.). 

22 (C) LOCATION REQUIREMENT.—To be eli23 gible for the rebate program, the electric vehicle 

24 supply equipment described in subparagraph 

25 (A) shall be installed— 


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1 (i) in the United States; 

2 (ii) on property— 

3 (I) owned by the eligible entity 

4 under paragraph (1); or 

5 (II) on which the eligible entity 

6 under paragraph (1) has authority to 

7 install electric vehicle supply equip8 ment; and 

9 (iii) at a location that is— 

10 (I) a multi-unit housing struc11 ture; 

12 (II) a workplace; 

13 (III) a commercial location; or 

14 (IV) open to the public for a 

15 minimum of 12 hours per day. 

16 (3) APPLICATION.— 

17 (A) IN GENERAL.—An eligible entity under 

18 paragraph (1) may submit to the Secretary an 

19 application for a rebate under the rebate pro20 gram. Such application shall include— 

21 (i) the estimated cost of covered ex22 penses to be expended on the electric vehi23 cle supply equipment that is eligible under 

24 paragraph (2); 


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1 (ii) the estimated installation cost of 

2 the electric vehicle supply equipment that 

3 is eligible under paragraph (2); 

4 (iii) the global positioning system lo5 cation, including the integer number of de6 grees, minutes, and seconds, where such 

7 electric vehicle supply equipment is to be 

8 installed, and identification of whether 

9 such location is— 

10 (I) a multi-unit housing struc11 ture; 

12 (II) a workplace; 

13 (III) a commercial location; or 

14 (IV) open to the public for a 

15 minimum of 12 hours per day; 

16 (iv) the technical specifications of 

17 such electric vehicle supply equipment, in18 cluding the maximum power voltage and 

19 amperage of such equipment; 

20 (v) an identification of any existing 

21 electric vehicle supply equipment that— 

22 (I) is available to the public for a 

23 minimum of 12 hours per day; and 

24 (II) is not further than 50 miles 

25 from the global positioning system loVerDate Sep 11 2014 16:28 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2852.IH H2852

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1 cation identified under clause (iii); 

2 and 

3 (vi) any other information determined 

4 by the Secretary to be necessary for a com5 plete application. 

6 (B) REVIEW PROCESS.—The Secretary 

7 shall review an application for a rebate under 

8 the rebate program and approve an eligible en9 tity under paragraph (1) to receive such rebate 

10 if the application meets the requirements of the 

11 rebate program under this subsection. 

12 (C) NOTIFICATION TO ELIGIBLE ENTITY.— 

13 Not later than 1 year after the date on which 

14 the eligible entity under paragraph (1) applies 

15 for a rebate under the rebate program, the Sec16 retary shall notify the eligible entity whether 

17 the eligible entity will be awarded a rebate 

18 under the rebate program following the submis19 sion of additional materials required under 

20 paragraph (5). 

21 (4) REBATE AMOUNT.— 

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

23 subparagraph (B), the amount of a rebate made 

24 under the rebate program for each charging 

25 unit shall be the lesser of— 


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1 (i) 75 percent of the applicable cov2 ered expenses; 

3 (ii) $2,000 for covered expenses asso4 ciated with the purchase and installation of 

5 non-networked level 2 charging equipment; 

6 (iii) $4,000 for covered expenses asso7 ciated with the purchase and installation of 

8 networked level 2 charging equipment; or 

9 (iv) $100,000 for covered expenses as10 sociated with the purchase and installation 

11 of networked direct current fast charging 

12 equipment. 

13 (B) REBATE AMOUNT FOR REPLACEMENT

14 EQUIPMENT.—A rebate made under the rebate 

15 program for replacement of pre-existing electric 

16 vehicle supply equipment at a single location 

17 shall be the lesser of— 

18 (i) 75 percent of the applicable cov19 ered expenses; 

20 (ii) $1,000 for covered expenses asso21 ciated with the purchase and installation of 

22 non-networked level 2 charging equipment; 

23 (iii) $2,000 for covered expenses asso24 ciated with the purchase and installation of 

25 networked level 2 charging equipment; or 


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1 (iv) $25,000 for covered expenses as2 sociated with the purchase and installation 

3 of networked direct current fast charging 

4 equipment. 

5 (5) DISBURSEMENT OF REBATE.— 

6 (A) IN GENERAL.—The Secretary shall 

7 disburse a rebate under the rebate program to 

8 an eligible entity under paragraph (1), following 

9 approval of an application under paragraph (3), 

10 if such entity submits the materials required 

11 under subparagraph (B). 

12 (B) MATERIALS REQUIRED FOR DISBURSE13 MENT OF REBATE.—Not later than one year 

14 after the date on which the eligible entity under 

15 paragraph (1) receives notice under paragraph 

16 (3)(C) that the eligible entity has been ap17 proved for a rebate, such eligible entity shall 

18 submit to the Secretary the following— 

19 (i) a record of payment for covered 

20 expenses expended on the installation of 

21 the electric vehicle supply equipment that 

22 is eligible under paragraph (2); 

23 (ii) a record of payment for the elec24 tric vehicle supply equipment that is eligi25 ble under paragraph (2); 


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1 (iii) the global positioning system lo2 cation of where such electric vehicle supply 

3 equipment was installed and identification 

4 of whether such location is— 

5 (I) a multi-unit housing struc6 ture; 

7 (II) a workplace; 

8 (III) a commercial location; or 

9 (IV) open to the public for a 

10 minimum of 12 hours per day; 

11 (iv) the technical specifications of the 

12 electric vehicle supply equipment that is el13 igible under paragraph (2), including the 

14 maximum power voltage and amperage of 

15 such equipment; and 

16 (v) any other information determined 

17 by the Secretary to be necessary. 

18 (C) AGREEMENT TO MAINTAIN.—To be eli19 gible for a rebate under the rebate program, an 

20 eligible entity under paragraph (1) shall enter 

21 into an agreement with the Secretary to main22 tain the electric vehicle supply equipment that 

23 is eligible under paragraph (2) in a satisfactory 

24 manner for not less than 5 years after the date 


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1 on which the eligible entity under paragraph (1) 

2 receives the rebate under the rebate program. 

3 (D) EXCEPTION.—The Secretary shall not 

4 disburse a rebate under the rebate program if 

5 materials submitted under subparagraph (B) do 

6 not meet the same global positioning system lo7 cation and technical specifications for the elec8 tric vehicle supply equipment that is eligible 

9 under paragraph (2) provided in an application 

10 under paragraph (3). 

11 (6) MULTI-PORT CHARGERS.—An eligible entity 

12 under paragraph (1) shall be awarded a rebate 

13 under the rebate program for covered expenses relat14 ing to the purchase and installation of a multi-port 

15 charger based on the number of publicly accessible 

16 charging ports, with each subsequent port after the 

17 first port being eligible for 50 percent of the full re18 bate amount. 

19 (7) NETWORKED DIRECT CURRENT FAST

20 CHARGING.—Of amounts appropriated to carry out 

21 the rebate program, not more than 40 percent may 

22 be used for rebates of networked direct current fast 

23 charging equipment. 

24 (8) HYDROGEN FUEL CELL REFUELING INFRA25 STRUCTURE.—Hydrogen refueling equipment shall 


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1 be eligible for a rebate under the rebate program as 

2 though it were networked direct current fast charg3 ing equipment. All requirements related to public ac4 cessibility of installed locations shall apply. 

5 (9) REPORT.—Not later than 3 years after the 

6 first date on which the Secretary awards a rebate 

7 under the rebate program, the Secretary shall sub8 mit to the Committee on Energy and Commerce of 

9 the House of Representatives and the Committee on 

10 Energy and Natural Resources of the Senate a re11 port of the number of rebates awarded for electric 

12 vehicle supply equipment and hydrogen fuel cell re13 fueling equipment in each of the location categories 

14 described in paragraph (2)(C)(iii). 

15 (c) DEFINITIONS.—In this section: 

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

17 expenses’’ means an expense that is associated with 

18 the purchase and installation of electric vehicle sup19 ply equipment, including— 

20 (A) the cost of electric vehicle supply 

21 equipment; 

22 (B) labor costs associated with the installa23 tion of such electric vehicle supply equipment, 

24 only if wages for such labor are paid at rates 

25 not less than those prevailing on similar labor 


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1 in the locality of installation, as determined by 

2 the Secretary of Labor under subchapter IV of 

3 chapter 31 of title 40, United States Code 

4 (commonly referred to as the ‘‘Davis-Bacon 

5 Act’’); 

6 (C) material costs associated with the in7 stallation of such electric vehicle supply equip8 ment, including expenses involving electrical 

9 equipment and necessary upgrades or modifica10 tions to the electrical grid and associated infra11 structure required for the installation of such 

12 electric vehicle supply equipment; 

13 (D) permit costs associated with the instal14 lation of such electric vehicle supply equipment; 

15 and 

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

17 system. 

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

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

20 its power from electricity. 

21 (3) MULTI-PORT CHARGER.—The term ‘‘multi22 port charger’’ means electric vehicle supply equip23 ment capable of charging more than one electric ve24 hicle. 


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1 (4) LEVEL 2 CHARGING EQUIPMENT.—The 

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

3 vehicle supply equipment that provides an alter4 nating current power source at a minimum of 208 

5 volts. 

6 (5) NETWORKED DIRECT CURRENT FAST

7 CHARGING EQUIPMENT.—The term ‘‘networked di8 rect current fast charging equipment’’ means electric 

9 vehicle supply equipment that provides a direct cur10 rent power source at a minimum of 50 kilowatts and 

11 is enabled to connect to a network to facilitate data 

12 collection and access. 

13 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to carry out this section 

15 $100,000,000 for each of fiscal years 2022 through 2031. 

16 SEC. 103. MODEL BUILDING CODE FOR ELECTRIC VEHICLE 

17 SUPPLY EQUIPMENT. 

18 (a) REVIEW.—The Secretary shall review proposed or 

19 final model building codes for— 

20 (1) integrating electric vehicle supply equipment 

21 into residential and commercial buildings that in22 clude space for individual vehicle or fleet vehicle 

23 parking; and 

24 (2) integrating onsite renewable power equip25 ment and electric storage equipment (including elecVerDate Sep 11 2014 16:28 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H2852.IH H2852

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1 tric vehicle batteries to be used for electric storage) 

2 into residential and commercial buildings. 

3 (b) TECHNICAL ASSISTANCE.—The Secretary shall 

4 provide technical assistance to stakeholders representing 

5 the building construction industry, manufacturers of elec6 tric vehicles and electric vehicle supply equipment, State 

7 and local governments, and any other persons with rel8 evant expertise or interests to facilitate understanding of 

9 the model code and best practices for adoption by jurisdic10 tions. 

11 SEC. 104. ELECTRIC VEHICLE SUPPLY EQUIPMENT COORDI12 NATION. 

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

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

15 through the Assistant Secretary of the Office of Electricity 

16 Delivery and Energy Reliability (including the Smart Grid 

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

18 the development of standards necessary to— 

19 (1) support the expanded deployment of electric 

20 vehicle supply equipment; 

21 (2) develop an electric vehicle charging network 

22 to provide reliable charging for electric vehicles na23 tionwide, taking into consideration range anxiety 

24 and the location of charging infrastructure to ensure 


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1 an electric vehicle can travel throughout the United 

2 States without losing a charge; and 

3 (3) ensure the development of such network will 

4 not compromise the stability and reliability of the 

5 electric grid. 

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

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

8 provide to the Committee on Energy and Commerce of the 

9 House of Representatives and to the Committee on En10 ergy and Natural Resources of the Senate a report con11 taining the results of the assessment carried out under 

12 subsection (a) and recommendations to overcome any bar13 riers to standards development or adoption identified by 

14 the group convened under such subsection. 

15 SEC. 105. STATE CONSIDERATION OF ELECTRIC VEHICLE 

16 CHARGING. 

17 (a) CONSIDERATION AND DETERMINATION RESPECT18 ING CERTAIN RATEMAKING STANDARDS.—Section 111(d) 

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

20 U.S.C. 2621(d)) is further amended by adding at the end 

21 the following: 

22 ‘‘(22) ELECTRIC VEHICLE CHARGING PRO23 GRAMS.— 


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1 ‘‘(A) IN GENERAL.—Each State shall con2 sider measures to promote greater electrifica3 tion of the transportation sector, including— 

4 ‘‘(i) authorizing measures to stimulate 

5 investment in and deployment of electric 

6 vehicle supply equipment and to foster the 

7 market for electric vehicle charging; 

8 ‘‘(ii) authorizing each electric utility 

9 of the State to recover from ratepayers any 

10 capital, operating expenditure, or other 

11 costs of the electric utility relating to load 

12 management, programs, or investments as13 sociated with the integration of electric ve14 hicle supply equipment into the grid; and 

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

16 owns and operates an electric vehicle 

17 charging facility for the sole purpose of re18 charging an electric vehicle battery to be 

19 excluded from regulation as an electric 

20 utility pursuant to section 3(4) when mak21 ing electricity sales from the use of the 

22 electric vehicle charging facility, if such 

23 sales are the only sales of electricity made 

24 by the person or agency. 


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

2 paragraph, the term ‘electric vehicle supply 

3 equipment’ means conductors, including 

4 ungrounded, grounded, and equipment ground5 ing conductors, electric vehicle connectors, at6 tachment plugs, and all other fittings, devices, 

7 power outlets, or apparatuses installed specifi8 cally for the purpose of delivering energy to an 

9 electric vehicle.’’. 

10 (b) OBLIGATIONS TO CONSIDER AND DETERMINE.— 

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

12 Public Utility Regulatory Policies Act of 1978 (16 

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

14 the following: 

15 ‘‘(9)(A) Not later than 1 year after the date of 

16 enactment of this paragraph, each State regulatory 

17 authority (with respect to each electric utility for 

18 which it has ratemaking authority) and each non19 regulated electric utility shall commence the consid20 eration referred to in section 111, or set a hearing 

21 date for consideration, with respect to the standards 

22 established by paragraph (22) of section 111(d). 

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

24 the enactment of this paragraph, each State regu25 latory authority (with respect to each electric utility 


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1 for which it has ratemaking authority), and each 

2 nonregulated electric utility, shall complete the con3 sideration, and shall make the determination, re4 ferred to in section 111 with respect to each stand5 ard established by paragraph (22) of section 

6 111(d).’’. 

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

8 the Public Utility Regulatory Policies Act of 1978 

9 (16 U.S.C. 2622(c)) is amended by adding at the 

10 end the following: ‘‘In the case of the standard es11 tablished by paragraph (22) of section 111(d), the 

12 reference contained in this subsection to the date of 

13 enactment of this Act shall be deemed to be a ref14 erence to the date of enactment of that paragraph.’’. 

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

16 Public Utility Regulatory Policies Act of 1978 (16 

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

18 following: 

19 ‘‘(i) PRIOR STATE ACTIONS.—Subsections (b) and 

20 (c) of this section shall not apply to the standard estab21 lished by paragraph (22) of section 111(d) in the case of 

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

23 this subsection— 

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

25 the standard concerned (or a comparable standard); 


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

2 State or relevant nonregulated electric utility has 

3 conducted a proceeding to consider implementation 

4 of the standard concerned (or a comparable stand5 ard) for such utility; 

6 ‘‘(3) the State legislature has voted on the im7 plementation of such standard (or a comparable 

8 standard) for such utility; or 

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

10 incentives or other steps to strongly encourage the 

11 deployment of electric vehicles.’’. 

12 (4) PRIOR AND PENDING PROCEEDINGS.—Sec13 tion 124 of the Public Utility Regulatory Policies 

14 Act of 1978 (16 U.S.C. 2634) is amended by adding 

15 at the end the following: ‘‘In the case of the stand16 ard established by paragraph (22) of section 111(d), 

17 the reference contained in this section to the date of 

18 the enactment of this Act shall be deemed to be a 

19 reference to the date of enactment of such para20 graph (22).’’. 

21 SEC. 106. STATE ENERGY PLANS. 

22 (a) STATE ENERGY CONSERVATION PLANS.—Section 

23 362(d) of the Energy Policy and Conservation Act (42 

24 U.S.C. 6322(d)) is amended— 


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

2 inserting a semicolon; 

3 (2) by redesignating paragraph (17) as para4 graph (18); and 

5 (3) by inserting after paragraph (16) the fol6 lowing: 

7 ‘‘(17) a State energy transportation plan devel8 oped in accordance with section 368; and’’. 

9 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

10 365(f) of the Energy Policy and Conservation Act (42 

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

12 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 

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

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

15 authorized to be appropriated $100,000,000 for each 

16 of fiscal years 2022 through 2031. 

17 ‘‘(2) STATE ENERGY TRANSPORTATION

18 PLANS.—In addition to the amounts authorized 

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

20 section 368, there are authorized to be appropriated 

21 $25,000,000 for each of fiscal years 2022 through 

22 2031.’’. 

23 (c) STATE ENERGY TRANSPORTATION PLANS.— 

24 (1) IN GENERAL.—Part D of title III of the 

25 Energy Policy and Conservation Act (42 U.S.C. 


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1 6321 et seq.) is further amended by adding at the 

2 end the following: 

3 ‘‘SEC. 368. STATE ENERGY TRANSPORTATION PLANS. 

4 ‘‘(a) IN GENERAL.—The Secretary may provide fi5 nancial assistance to a State to develop a State energy 

6 transportation plan, for inclusion in a State energy con7 servation plan under section 362(d), to promote the elec8 trification of the transportation system, reduced consump9 tion of fossil fuels, and improved air quality. 

10 ‘‘(b) DEVELOPMENT.—A State developing a State en11 ergy transportation plan under this section shall carry out 

12 this activity through the State energy office that is respon13 sible for developing the State energy conservation plan 

14 under section 362. 

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

16 transportation plan under this section shall include in such 

17 plan a plan to— 

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

19 equipment to ensure access to electricity for electric 

20 vehicles, including commercial vehicles, to an extent 

21 that such electric vehicles can travel throughout the 

22 State without running out of a charge; and 

23 ‘‘(2) promote modernization of the electric grid, 

24 including through the use of renewable energy 

25 sources to power the electric grid, to accommodate 


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1 demand for power to operate electric vehicle supply 

2 equipment and to utilize energy storage capacity 

3 provided by electric vehicles, including commercial 

4 vehicles. 

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

6 transportation plan under this section, a State shall co7 ordinate, as appropriate, with— 

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

9 section 3 of the Public Utility Regulatory Policies 

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

11 ‘‘(2) electric utilities; 

12 ‘‘(3) regional transmission organizations or 

13 independent system operators; 

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

15 charging services; 

16 ‘‘(5) State transportation agencies, metropoli17 tan planning organizations, and local governments; 

18 ‘‘(6) electric vehicle manufacturers; 

19 ‘‘(7) public and private entities that manage ve20 hicle fleets; and 

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

22 ports, airports, or other transportation hubs. 

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

24 Governor of a State, the Secretary shall provide informa25 tion and technical assistance in the development, impleVerDate Sep 11 2014 16:28 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H2852.IH H2852

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1 mentation, or revision of a State energy transportation 

2 plan. 

3 ‘‘(f) ELECTRIC VEHICLE SUPPLY EQUIPMENT DE4 FINED.—For purposes of this section, the term ‘electric 

5 vehicle supply equipment’ means conductors, including 

6 ungrounded, grounded, and equipment grounding conduc7 tors, electric vehicle connectors, attachment plugs, and all 

8 other fittings, devices, power outlets, or apparatuses in9 stalled specifically for the purpose of delivering energy to 

10 an electric vehicle.’’. 

11 (2) CONFORMING AMENDMENT.—The table of 

12 sections for part D of title III of the Energy Policy 

13 and Conservation Act is further amended by adding 

14 at the end the following: 

‘‘Sec. 368. State energy transportation plans.’’. 

15 SEC. 107. TRANSPORTATION ELECTRIFICATION. 

16 Section 131 of the Energy Independence and Security 

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

18 (1) in subsection (a)(6)— 

19 (A) in subparagraph (A), by inserting ‘‘, 

20 including ground support equipment at ports’’ 

21 before the semicolon; 

22 (B) in subparagraph (E), by inserting 

23 ‘‘and vehicles’’ before the semicolon; 

24 (C) in subparagraph (H), by striking 

25 ‘‘and’’ at the end; 


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1 (D) in subparagraph (I)— 

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

3 and 

4 (ii) by striking the period at the end 

5 and inserting a semicolon; and 

6 (E) by adding at the end the following: 

7 ‘‘(J) installation of electric vehicle supply 

8 equipment for recharging plug-in electric drive 

9 vehicles, including such equipment that is acces10 sible in rural and urban areas and in under11 served or disadvantaged communities and such 

12 equipment for medium- and heavy-duty vehicles, 

13 including at depots and in-route locations; 

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

15 multiple forms of transportation; 

16 ‘‘(L) medium- and heavy-duty vehicle 

17 smart charging management and refueling; 

18 ‘‘(M) battery recycling and secondary use, 

19 including for medium- and heavy-duty vehicles; 

20 and 

21 ‘‘(N) sharing of best practices, and tech22 nical assistance provided by the Department to 

23 public utilities commissions and utilities, for 

24 medium- and heavy-duty vehicle electrifica25 tion.’’; 


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1 (2) in subsection (b)— 

2 (A) in paragraph (3)(A)(ii), by inserting ‘‘, 

3 components for such vehicles, and charging 

4 equipment for such vehicles’’ after ‘‘vehicles’’; 

5 and 

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

7 ‘‘$90,000,000 for each of fiscal years 2008 

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

9 for each of fiscal years 2022 through 2031’’; 

10 (3) in subsection (c)— 

11 (A) in the header, by striking ‘‘NEAR12 TERM’’ and inserting ‘‘LARGE-SCALE’’; and 

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

14 ‘‘$95,000,000 for each of fiscal years 2008 

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

16 for each of fiscal years 2022 through 2031’’; 

17 and 

18 (4) by redesignating subsection (d) as sub19 section (e) and inserting after subsection (c) the fol20 lowing: 

21 ‘‘(d) PRIORITY.—In providing grants under sub22 sections (b) and (c), the Secretary shall give priority con23 sideration to applications that contain a written assurance 

24 that all laborers and mechanics employed by contractors 

25 or subcontractors during construction, alteration, or reVerDate Sep 11 2014 16:28 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H2852.IH H2852

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1 pair that is financed, in whole or in part, by a grant pro2 vided under this section shall be paid wages at rates not 

3 less than those prevailing on similar construction in the 

4 locality, as determined by the Secretary of Labor in ac5 cordance with sections 3141 through 3144, 3146, and 

6 3147 of title 40, United States Code (and the Secretary 

7 of Labor shall, with respect to the labor standards de8 scribed in this clause, have the authority and functions 

9 set forth in Reorganization Plan Numbered 14 of 1950 

10 (5 U.S.C. App.) and section 3145 of title 40, United 

11 States Code).’’. 

12 SEC. 108. FEDERAL FLEETS. 

13 (a) MINIMUM FEDERAL FLEET REQUIREMENT.— 

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

15 13212) is amended— 

16 (1) in subsection (a), by adding at the end the 

17 following: 

18 ‘‘(3) The Secretary, in consultation with the Adminis19 trator of General Services, shall ensure that in acquiring 

20 medium- and heavy-duty vehicles for a Federal fleet, a 

21 Federal entity shall acquire zero-emission vehicles to the 

22 maximum extent feasible.’’; 

23 (2) by striking subsection (b) and inserting the 

24 following: 

25 ‘‘(b) PERCENTAGE REQUIREMENTS.— 


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1 ‘‘(1) IN GENERAL.— 

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

3 in fiscal year 2025, 100 percent of the total 

4 number of light-duty vehicles acquired by a 

5 Federal entity for a Federal fleet shall be alter6 native fueled vehicles, of which— 

7 ‘‘(i) at least 50 percent shall be zero8 emission vehicles or plug-in hybrids in fis9 cal years 2025 through 2034; 

10 ‘‘(ii) at least 75 percent shall be zero11 emission vehicles or plug-in hybrids in fis12 cal years 2035 through 2049; and 

13 ‘‘(iii) 100 percent shall be zero-emis14 sion vehicles in fiscal year 2050 and there15 after. 

16 ‘‘(B) MEDIUM- AND HEAVY-DUTY VEHI17 CLES.—The following percentages of the total 

18 number of medium- and heavy-duty vehicles ac19 quired by a Federal entity for a Federal fleet 

20 shall be alternative fueled vehicles: 

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

22 2025 through 2029. 

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

24 years 2030 through 2039. 


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

2 years 2040 through 2049. 

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

4 2050 and thereafter. 

5 ‘‘(2) EXCEPTION.—The Secretary, in consulta6 tion with the Administrator of General Services 

7 where appropriate, may permit a Federal entity to 

8 acquire for a Federal fleet a smaller percentage than 

9 is required in paragraph (1) for a fiscal year, so long 

10 as the aggregate percentage acquired for each class 

11 of vehicle for all Federal fleets in the fiscal year is 

12 at least equal to the required percentage. 

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

14 ‘‘(A) FEDERAL FLEET.—The term ‘Fed15 eral fleet’ means a fleet of vehicles that are cen16 trally fueled or capable of being centrally fueled 

17 and are owned, operated, leased, or otherwise 

18 controlled by or assigned to any Federal execu19 tive department, military department, Govern20 ment corporation, independent establishment, 

21 or executive agency, the United States Postal 

22 Service, the Congress, the courts of the United 

23 States, or the Executive Office of the President. 

24 Such term does not include— 


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

2 rental to the general public; 

3 ‘‘(ii) motor vehicles used for motor ve4 hicle manufacturer product evaluations or 

5 tests; 

6 ‘‘(iii) law enforcement vehicles; 

7 ‘‘(iv) emergency vehicles; or 

8 ‘‘(v) motor vehicles acquired and used 

9 for military purposes that the Secretary of 

10 Defense has certified to the Secretary must 

11 be exempt for national security reasons. 

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

13 ‘‘(i) 20 or more light-duty vehicles, lo14 cated in a metropolitan statistical area or 

15 consolidated metropolitan statistical area, 

16 as established by the Bureau of the Cen17 sus, with a 1980 population of more than 

18 250,000; or 

19 ‘‘(ii) 10 or more medium- or heavy20 duty vehicles, located at a Federal facility 

21 or located in a metropolitan statistical area 

22 or consolidated metropolitan statistical 

23 area, as established by the Bureau of the 

24 Census, with a 1980 population of more 

25 than 250,000.’’; and 


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1 (3) in subsection (f)(2)(B)— 

2 (A) by striking ‘‘, either’’; and 

3 (B) in clause (i), by striking ‘‘or’’ and in4 serting ‘‘and’’. 

5 (b) FEDERAL FLEET CONSERVATION REQUIRE6 MENTS.—Section 400FF(a) of the Energy Policy and 

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

8 (1) in paragraph (1)— 

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

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

11 months after the date of enactment of the NO 

12 EXHAUST Act of 2021’’; 

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

14 ‘‘2022’’; and 

15 (C) by striking ‘‘and increase alternative 

16 fuel consumption’’ and inserting ‘‘, increase al17 ternative fuel consumption, and reduce vehicle 

18 greenhouse gas emissions’’; and 

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

20 following: 

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

22 under paragraph (1) are that each Federal agency 

23 shall— 


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

2 gas emissions from agency fleet vehicles, rel3 ative to a baseline of emissions in 2015, by— 

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

5 end of fiscal year 2025; 

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

7 end of fiscal year 2030; and 

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

9 year 2050; and 

10 ‘‘(B) increase the annual percentage of al11 ternative fuel consumption by agency fleet vehi12 cles as a proportion of total annual fuel con13 sumption by Federal fleet vehicles, to achieve— 

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

15 consumption that is alternative fuel by the 

16 end of fiscal year 2025; 

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

18 consumption that is alternative fuel by the 

19 end of fiscal year 2035; and 

20 ‘‘(iii) at least 85 percent of total an21 nual fuel consumption that is alternative 

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


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1 TITLE II—ELECTRIC VEHICLES 

2 FOR UNDERSERVED COMMU3 NITIES 

4 SEC. 201. EXPANDING ACCESS TO ELECTRIC VEHICLES IN 

5 UNDERSERVED AND DISADVANTAGED COM6 MUNITIES. 

7 (a) IN GENERAL.— 

8 (1) ASSESSMENT.—The Secretary shall conduct 

9 an assessment of the state of, challenges to, and op10 portunities for the deployment of electric vehicle 

11 charging infrastructure in underserved or disadvan12 taged communities located throughout the United 

13 States. 

14 (2) REPORT.—Not later than 1 year after the 

15 date of the enactment of this Act, the Secretary 

16 shall submit to the Committee on Energy and Com17 merce of the House of Representatives and the Com18 mittee on Energy and Natural Resources of the Sen19 ate a report on the results of the assessment con20 ducted under paragraph (1), which shall— 

21 (A) describe the state of deployment of 

22 electric vehicle charging infrastructure in un23 derserved or disadvantaged communities located 

24 in urban, suburban, and rural areas, including 

25 description of— 


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1 (i) the state of deployment of electric 

2 vehicle charging infrastructure that is— 

3 (I) publicly accessible; 

4 (II) installed in or available to 

5 occupants of public and affordable 

6 housing; 

7 (III) installed in or available to 

8 occupants of multi-unit dwellings; 

9 (IV) available to public sector 

10 and commercial fleets; 

11 (V) installed in or available at 

12 places of work; 

13 (ii) policies, plans, and programs that 

14 cities, States, utilities, and private entities 

15 are using to encourage greater deployment 

16 and usage of electric vehicles and the asso17 ciated electric vehicle charging infrastruc18 ture, including programs to encourage de19 ployment of publicly accessible electric ve20 hicle charging stations and electric vehicle 

21 charging stations available to residents in 

22 publicly owned and privately owned multi23 unit dwellings; 

24 (iii) ownership models for Level 2 

25 charging stations and DC FAST charging 


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1 stations located in residential multi-unit 

2 dwellings, commercial buildings, and pub3 licly accessible areas; 

4 (iv) mechanisms for financing electric 

5 vehicle charging stations; and 

6 (v) rates charged for the use of Level 

7 2 charging stations and DC FAST charg8 ing stations; 

9 (B) identify current barriers to expanding 

10 deployment of electric vehicle charging infra11 structure in underserved or disadvantaged com12 munities in urban, suburban, and rural areas, 

13 including barriers to expanding deployment of 

14 publicly accessible electric vehicle charging in15 frastructure; 

16 (C) identify the potential for, and barriers 

17 to, recruiting and entering into contracts with 

18 locally owned small and disadvantaged busi19 nesses, including women and minority-owned 

20 businesses, to deploy electric vehicle charging 

21 infrastructure in underserved or disadvantaged 

22 communities in urban, suburban, and rural 

23 areas; 

24 (D) compile and provide an analysis of 

25 best practices and policies used by State and 


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1 local governments, nonprofit organizations, and 

2 private entities to increase deployment of elec3 tric vehicle charging infrastructure in under4 served or disadvantaged communities in urban, 

5 suburban, and rural areas, including best prac6 tices and policies relating to— 

7 (i) public outreach and engagement; 

8 (ii) increasing deployment of publicly 

9 accessible electric vehicle charging infra10 structure; and 

11 (iii) increasing deployment of electric 

12 vehicle charging infrastructure in publicly 

13 owned and privately owned multi-unit 

14 dwellings; 

15 (E) to the extent practicable, enumerate 

16 and identify in urban, suburban, and rural 

17 areas within each State with detail at the level 

18 of ZIP Codes and census tracts— 

19 (i) the number of existing and 

20 planned publicly accessible Level 2 charg21 ing stations and DC FAST charging sta22 tions for individually owned light-duty and 

23 medium-duty electric vehicles; 

24 (ii) the number of existing and 

25 planned Level 2 charging stations and DC 


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1 FAST charging stations for public sector 

2 and commercial fleet electric vehicles and 

3 medium- and heavy-duty electric vehicles; 

4 and 

5 (iii) the number and type of electric 

6 vehicle charging stations installed in or 

7 available to occupants of public and afford8 able housing; and 

9 (F) describe the methodology used to ob10 tain the information provided in the report. 

11 (b) FIVE-YEAR UPDATE ASSESSMENT.—Not later 

12 than 5 years after the date of the enactment of this Act, 

13 the Secretary shall— 

14 (1) update the assessment conducted under 

15 subsection (a)(1); and 

16 (2) make public and submit to the Committee 

17 on Energy and Commerce of the House of Rep18 resentatives and the Committee on Energy and Nat19 ural Resources of the Senate a report, which shall— 

20 (A) update the information required by 

21 subsection (a)(2); and 

22 (B) include a description of case studies 

23 and key lessons learned after the date on which 

24 the report under subsection (a)(2) was sub25 mitted with respect to expanding the deployVerDate Sep 11 2014 16:28 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H2852.IH H2852

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1 ment of electric vehicle charging infrastructure 

2 in underserved or disadvantaged communities in 

3 urban, suburban, and rural areas. 

4 SEC. 202. ELECTRIC VEHICLE CHARGING EQUITY PRO5 GRAM. 

6 (a) PROGRAM.—Not later than 90 days after the date 

7 of the enactment of this Act, the Secretary shall establish 

8 a program, to be known as the EV Charging Equity Pro9 gram, to increase deployment and accessibility of electric 

10 vehicle charging infrastructure in underserved or dis11 advantaged communities by— 

12 (1) providing technical assistance to eligible en13 tities described in subsection (e); and 

14 (2) awarding grants on a competitive basis to 

15 eligible entities described in subsection (e) for 

16 projects that increase such deployment and accessi17 bility of electric vehicle charging infrastructure, in18 cluding projects that are— 

19 (A) publicly accessible; 

20 (B) located within or are easily accessible 

21 to residents of— 

22 (i) public or affordable housing; 

23 (ii) multi-unit dwellings; or 

24 (iii) single-family homes; and 


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1 (C) located within or easily accessible to 

2 places of work, provided that such electric vehi3 cle charging infrastructure is accessible no 

4 fewer than 5 days per week. 

5 (b) COST SHARE.— 

6 (1) IN GENERAL.—Except as provided in para7 graph (2), the amount of a grant awarded under 

8 this section for a project shall not exceed 80 percent 

9 of project costs. 

10 (2) SINGLE-FAMILY HOMES.—The amount of a 

11 grant awarded under this section for a project that 

12 involves, as a primary focus, single-family homes 

13 shall not exceed 60 percent of project costs. 

14 (c) LIMITATION.—Not more than 15 percent of the 

15 amount awarded for grants under this section in a fiscal 

16 year shall be awarded for projects that involve, as a pri17 mary focus, single-family homes. 

18 (d) PRIORITY.—In awarding grants and providing 

19 technical assistance under this section, the Secretary shall 

20 give priority to projects that— 

21 (1) provide the greatest benefit to the greatest 

22 number of people within an underserved or dis23 advantaged community; 

24 (2) incorporate renewable energy resources; 


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1 (3) maximize local job creation, particularly 

2 among low-income, women, and minority workers; or 

3 (4) utilize or involve locally owned small and 

4 disadvantaged businesses, including women and mi5 nority-owned businesses. 

6 (e) ELIGIBLE ENTITIES.— 

7 (1) IN GENERAL.—To be eligible for a grant or 

8 technical assistance under the EV Charging Equity 

9 Program, an entity shall be— 

10 (A) an individual or household that is the 

11 owner of where a project will be carried out; 

12 (B) a State, local, Tribal, or Territorial 

13 government, or an agency or department there14 of; 

15 (C) an electric utility, including— 

16 (i) a municipally owned electric utility; 

17 (ii) a publicly owned electric utility; 

18 (iii) an investor-owned utility; and 

19 (iv) a rural electric cooperative; 

20 (D) a nonprofit organization or institution; 

21 (E) a public housing authority; 

22 (F) an institution of higher education (as 

23 defined in section 101 of the Higher Education 

24 Act of 1965 (20 U.S.C. 1001); 


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1 (G) a local small or disadvantaged busi2 ness; or 

3 (H) a partnership between any number of 

4 eligible entities described in subparagraphs (A) 

5 through (G). 

6 (2) UPDATES.—The Secretary may add to or 

7 otherwise revise the list of eligible entities under 

8 paragraph (1) if the Secretary determines that such 

9 an addition or revision would be beneficial to in10 creasing deployment and accessibility of electric ve11 hicle charging infrastructure in underserved or dis12 advantaged communities. 

13 (f) PUBLIC NOTICE AND REQUEST FOR APPLICA14 TIONS.—The Secretary shall publish in the Federal Reg15 ister, and such other publications as the Secretary con16 siders to be appropriate, a notice and request for applica17 tions to carry out projects under the EV Charging Equity 

18 Program. 

19 (g) EDUCATION AND OUTREACH.— 

20 (1) IN GENERAL.—In carrying out the EV 

21 Charging Equity Program, the Secretary shall estab22 lish an education and outreach component of such 

23 Program to ensure that information regarding such 

24 Program and the benefits and opportunities for elec25 tric vehicle charging is made available to individuals 


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1 and relevant entities that live within or serve under2 served or disadvantaged communities. 

3 (2) REQUIREMENTS.—At a minimum, the edu4 cation and outreach component of the EV Charging 

5 Equity Program established under this subsection 

6 shall include— 

7 (A) the development and dissemination of 

8 an electric vehicle charging resource guide that 

9 is— 

10 (i) maintained electronically on a 

11 website; 

12 (ii) available to the public, free of 

13 charge; and 

14 (iii) directed specifically towards indi15 viduals and relevant entities that live with16 in or serve underserved or disadvantaged 

17 communities; 

18 (B) targeted outreach towards, and coordi19 nated public outreach with, relevant local, 

20 State, and Tribal entities, nonprofit organiza21 tions, and institutions of higher education, that 

22 are located within or serve underserved or dis23 advantaged communities; and 

24 (C) any other such forms of education or 

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1 priate to increase awareness of and access to 

2 the EV Charging Equity Program. 

3 (h) REPORTS TO CONGRESS.—Not later than 1 year 

4 after the EV Charging Equity Program is established 

5 under this section, and not less frequently than once every 

6 2 years after that, the Secretary shall submit to the Com7 mittee on Energy and Commerce of the House of Rep8 resentatives and the Committee on Energy and Natural 

9 Resources of the Senate, and make publicly available, a 

10 report on the status of the EV Charging Equity Program, 

11 including a list and description of projects that have re12 ceived grant awards or technical assistance, and of the 

13 funding or assistance provided to such projects. 

14 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated to carry out this section 

16 $96,000,000 for each of fiscal years 2022 through 2031. 

17 SEC. 203. ENSURING PROGRAM BENEFITS FOR UNDER18 SERVED AND DISADVANTAGED COMMU19 NITIES. 

20 In administering a relevant program, the Secretary 

21 shall, to the extent practicable, invest or direct available 

22 and relevant programmatic resources so that such pro23 gram— 

24 (1) promotes electric vehicle charging infra25 structure; 


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1 (2) supports clean and multi-modal transpor2 tation; 

3 (3) provides improved air quality and emissions 

4 reductions; and 

5 (4) prioritizes the needs of underserved or dis6 advantaged communities. 

7 SEC. 204. DEFINITIONS. 

8 In this title: 

9 (1) ELECTRIC VEHICLE CHARGING INFRA10 STRUCTURE.—The term ‘‘electric vehicle charging 

11 infrastructure’’ means electric vehicle supply equip12 ment, including any conductors, electric vehicle con13 nectors, attachment plugs, and all other fittings, de14 vices, power outlets, or apparatuses installed specifi15 cally for the purposes of delivering energy to an elec16 tric vehicle. 

17 (2) PUBLICLY ACCESSIBLE.—The term ‘‘pub18 licly accessible’’ means, with respect to electric vehi19 cle charging infrastructure, electric vehicle charging 

20 infrastructure that is available, at zero or reasonable 

21 cost, to members of the public for the purpose of 

22 charging a privately owned or leased electric vehicle, 

23 or electric vehicle that is available for use by mem24 bers of the general public as part of a ride service 


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1 or vehicle sharing service or program, including 

2 within or around— 

3 (A) public sidewalks and streets; 

4 (B) public parks; 

5 (C) public buildings, including— 

6 (i) libraries; 

7 (ii) schools; and 

8 (iii) government offices; 

9 (D) public parking; 

10 (E) shopping centers; and 

11 (F) commuter transit hubs. 

12 (3) RELEVANT PROGRAM.—The term ‘‘relevant 

13 program’’ means a program of the Department of 

14 Energy, including— 

15 (A) the State energy program under part 

16 D of title III the Energy Policy and Conserva17 tion Act (42 U.S.C. 6321 et seq.); 

18 (B) the Clean Cities program; 

19 (C) the Energy Efficiency and Conserva20 tion Block Grant Program established under 

21 section 542 of the Energy Independence and 

22 Security Act of 2007 (42 U.S.C. 17152); 

23 (D) loan guarantees made pursuant to title 

24 XVII of the Energy Policy Act of 2005 (42 

25 U.S.C. 16511 et seq.); and 


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1 (E) such other programs as the Secretary 

2 determines appropriate. 

3 (4) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Energy. 

5 (5) UNDERSERVED OR DISADVANTAGED COM6 MUNITY.—The term ‘‘underserved or disadvantaged 

7 community’’ means a community located within a 

8 ZIP Code or census tract that is identified as— 

9 (A) a low-income community; 

10 (B) a community of color; 

11 (C) a Tribal community; 

12 (D) having a disproportionately low num13 ber of electric vehicle charging stations per cap14 ita, compared to similar areas; or 

15 (E) any other community that the Sec16 retary determines is disproportionately vulner17 able to, or bears a disproportionate burden of, 

18 any combination of economic, social, environ19 mental, and climate stressors. 


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1 TITLE III—PROMOTING DOMES2 TIC ADVANCED VEHICLE 

3 MANUFACTURING 

4 SEC. 301. DOMESTIC MANUFACTURING CONVERSION 

5 GRANT PROGRAM. 

6 (a) HYBRID VEHICLES, ADVANCED VEHICLES, AND

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

8 Policy Act of 2005 (42 U.S.C. 16061 et seq.) is amend9 ed— 

10 (1) in the subtitle header, by inserting ‘‘Plug11 In Electric Vehicles,’’ before ‘‘Hybrid Vehi12 cles’’; and 

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

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

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

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

17 amended to read as follows: 

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

19 ‘‘The Secretary shall accelerate efforts, related to do20 mestic manufacturing, that are directed toward the im21 provement of batteries, power electronics, and other tech22 nologies for use in plug-in electric vehicles.’’. 

23 (c) EFFICIENT HYBRID AND ADVANCED DIESEL VE24 HICLES.—Section 712 of the Energy Policy Act of 2005 

25 (42 U.S.C. 16062) is amended— 


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1 (1) in subsection (a)— 

2 (A) in paragraph (1), by inserting ‘‘, plug3 in electric,’’ after ‘‘efficient hybrid’’; and 

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

5 follows: 

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

7 ‘‘(A) the refurbishment or retooling of 

8 manufacturing facilities that have recently 

9 ceased operation or would otherwise cease oper10 ation in the near future; and 

11 ‘‘(B) applications containing— 

12 ‘‘(i) a written assurance that— 

13 ‘‘(I) all laborers and mechanics 

14 employed by contractors or sub15 contractors during construction, alter16 ation, or repair, or at any manufac17 turing operation, that is financed, in 

18 whole or in part, by a loan under this 

19 section shall be paid wages at rates 

20 not less than those prevailing in a 

21 similar firm or on similar construction 

22 in the locality, as determined by the 

23 Secretary of Labor in accordance with 

24 subchapter IV of chapter 31 of title 

25 40, United States Code; and 


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1 ‘‘(II) the Secretary of Labor 

2 shall, with respect to the labor stand3 ards described in this paragraph, have 

4 the authority and functions set forth 

5 in Reorganization Plan Numbered 14 

6 of 1950 (64 Stat. 1267; 5 U.S.C. 

7 App.) and section 3145 of title 40, 

8 United States Code; 

9 ‘‘(ii) a disclosure of whether there has 

10 been any administrative merits determina11 tion, arbitral award or decision, or civil 

12 judgment, as defined in guidance issued by 

13 the Secretary of Labor, rendered against 

14 the applicant in the preceding 3 years for 

15 violations of applicable labor, employment, 

16 civil rights, or health and safety laws; 

17 ‘‘(iii) specific information regarding 

18 the actions the applicant will take to dem19 onstrate compliance with, and where pos20 sible exceedance of, requirements under 

21 applicable labor, employment, civil rights, 

22 and health and safety laws, and actions the 

23 applicant will take to ensure that its direct 

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1 plicable labor, employment, civil rights, 

2 and health and safety laws; and 

3 ‘‘(iv) an estimate and description of 

4 the jobs and types of jobs to be retained or 

5 created by the project and the specific ac6 tions the applicant will take to increase 

7 employment and retention of dislocated 

8 workers, veterans, individuals from low-in9 come communities, women, minorities, and 

10 other groups underrepresented in manufac11 turing, and individuals with a barrier to 

12 employment.’’; 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 to carry 

3 out this section $2,500,000,000 for each of fiscal years 

4 2022 through 2031. 

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

6 under this section after the date of enactment of this sub7 section shall only be available with respect to facilities and 

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

9 (d) CONFORMING AMENDMENT.—The table of con10 tents of the Energy Policy Act of 2005 is amended— 

11 (1) in the item relating to subtitle B of title 

12 VII, by inserting ‘‘Plug-In Electric Vehicles,’’ before 

13 ‘‘Hybrid Vehicles’’; 

14 (2) in the item relating to part 1 of such sub15 title, by striking ‘‘Hybrid’’ and inserting ‘‘Plug-In 

16 Electric’’; and 

17 (3) in the item relating to section 711, by strik18 ing ‘‘Hybrid’’ and inserting ‘‘Plug-in electric’’. 

19 SEC. 302. ADVANCED TECHNOLOGY VEHICLES MANUFAC20 TURING INCENTIVE PROGRAM. 

21 Section 136 of the Energy Independence and Security 

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

23 (1) in subsection (a)— 

24 (A) by amending paragraph to read as fol25 lows: 


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

2 term ‘advanced technology vehicle’ means— 

3 ‘‘(A) an ultra efficient vehicle; 

4 ‘‘(B) a light-duty vehicle or medium-duty 

5 passenger vehicle that— 

6 ‘‘(i) meets the Bin 160 Tier III emis7 sion standard established in regulations 

8 issued by the Administrator of the Envi9 ronmental Protection Agency under section 

10 202(i) of the Clean Air Act (42 U.S.C. 

11 7521(i)), or a lower-numbered Bin emis12 sion standard; 

13 ‘‘(ii) meets any new emission standard 

14 in effect for fine particulate matter pre15 scribed by the Administrator under that 

16 Act (42 U.S.C. 7401 et seq.); and 

17 ‘‘(iii) either— 

18 ‘‘(I) complies with the applicable 

19 regulatory standard for emissions of 

20 greenhouse gases for model year 2027 

21 or later; or 

22 ‘‘(II) emits zero emissions of 

23 greenhouse gases; or 

24 ‘‘(C) a heavy-duty vehicle (excluding a me25 dium-duty passenger vehicle) that— 


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1 ‘‘(i) demonstrates achievement below 

2 the applicable regulatory standards for 

3 emissions of greenhouse gases for model 

4 year 2027 vehicles promulgated by the Ad5 ministrator on October 25, 2016 (81 Fed. 

6 Reg. 73478); 

7 ‘‘(ii) complies with the applicable reg8 ulatory standard for emissions of green9 house gases for model year 2030 or later; 

10 or 

11 ‘‘(iii) emits zero emissions of green12 house gases.’’; 

13 (B) by striking paragraph (2) and redesig14 nating paragraph (3) as paragraph (2); 

15 (C) by striking paragraph (4) and insert16 ing the following: 

17 ‘‘(3) QUALIFYING COMPONENT.—The term 

18 ‘qualifying component’ means a material, technology, 

19 component, system, or subsystem in an advanced 

20 technology vehicle, including an ultra-efficient com21 ponent. 

22 ‘‘(4) ULTRA-EFFICIENT COMPONENT.—The 

23 term ‘ultra-efficient component’ means— 

24 ‘‘(A) a component of an ultra efficient ve25 hicle; 


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1 ‘‘(B) fuel cell technology; 

2 ‘‘(C) battery technology, including a bat3 tery cell, battery, battery management system, 

4 or thermal control system; 

5 ‘‘(D) an automotive semiconductor or com6 puter; 

7 ‘‘(E) an electric motor, axle, or component; 

8 and 

9 ‘‘(F) an advanced lightweight, high10 strength, or high-performance material.’’; and 

11 (D) in paragraph (5)— 

12 (i) in subparagraph (B), by striking 

13 ‘‘or’’ at the end; 

14 (ii) in subparagraph (C), by striking 

15 the period at the end and inserting ‘‘; or’’; 

16 and 

17 (iii) by adding at the end the fol18 lowing: 

19 ‘‘(D) at least 75 miles per gallon equiva20 lent while operating as a hydrogen fuel cell elec21 tric vehicle.’’; 

22 (2) by amending subsection (b) to read as fol23 lows: 

24 ‘‘(b) ADVANCED VEHICLES MANUFACTURING FACIL25 ITY.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall provide 

2 facility funding awards under this section to ad3 vanced technology vehicle manufacturers and compo4 nent suppliers to pay not more than 50 percent of 

5 the cost of— 

6 ‘‘(A) reequipping, expanding, or estab7 lishing a manufacturing facility in the United 

8 States to produce— 

9 ‘‘(i) advanced technology vehicles; or 

10 ‘‘(ii) qualifying components; and 

11 ‘‘(B) engineering integration performed in 

12 the United States of advanced technology vehi13 cles and qualifying components. 

14 ‘‘(2) ULTRA-EFFICIENT COMPONENTS COST

15 SHARE.—Notwithstanding paragraph (1), a facility 

16 funding award under such paragraph may pay not 

17 more than 80 percent of the cost of a project to 

18 reequip, expand, or establish a manufacturing facil19 ity in the United States to produce ultra-efficient 

20 components.’’; 

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

22 inserting ‘‘2031’’ each place it appears; 

23 (4) in subsection (d)— 

24 (A) by amending paragraph (2) to read as 

25 follows: 


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1 ‘‘(2) APPLICATION.—An applicant for a loan 

2 under this subsection shall submit to the Secretary 

3 an application at such time, in such manner, and 

4 containing such information as the Secretary may 

5 require, including— 

6 ‘‘(A) a written assurance that— 

7 ‘‘(i) all laborers and mechanics em8 ployed by contractors or subcontractors 

9 during construction, alteration, or repair, 

10 or at any manufacturing operation, that is 

11 financed, in whole or in part, by a loan 

12 under this section shall be paid wages at 

13 rates not less than those prevailing in a 

14 similar firm or on similar construction in 

15 the locality, as determined by the Sec16 retary of Labor in accordance with sub17 chapter IV of chapter 31 of title 40, 

18 United States Code; and 

19 ‘‘(ii) the Secretary of Labor shall, 

20 with respect to the labor standards de21 scribed in this paragraph, have the author22 ity and functions set forth in Reorganiza23 tion Plan Numbered 14 of 1950 (64 Stat. 

24 1267; 5 U.S.C. App.) and section 3145 of 

25 title 40, United States Code; 


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1 ‘‘(B) a disclosure of whether there has 

2 been any administrative merits determination, 

3 arbitral award or decision, or civil judgment, as 

4 defined in guidance issued by the Secretary of 

5 Labor, rendered against the applicant in the 

6 preceding 3 years for violations of applicable 

7 labor, employment, civil rights, or health and 

8 safety laws; 

9 ‘‘(C) specific information regarding the ac10 tions the applicant will take to demonstrate 

11 compliance with, and where possible exceedance 

12 of, requirements under applicable labor, employ13 ment, civil rights, and health and safety laws, 

14 and actions the applicant will take to ensure 

15 that its direct suppliers demonstrate compliance 

16 with applicable labor, employment, civil rights, 

17 and health and safety laws; and 

18 ‘‘(D) an estimate and description of the 

19 jobs and types of jobs to be retained or created 

20 by the project and the specific actions the appli21 cant will take to increase employment and re22 tention of dislocated workers, veterans, individ23 uals from low-income communities, women, mi24 norities, and other groups underrepresented in 


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1 manufacturing, and individuals with a barrier 

2 to employment.’’; 

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

4 follows: 

5 ‘‘(3) SELECTION OF ELIGIBLE PROJECTS.— 

6 ‘‘(A) IN GENERAL.—The Secretary shall 

7 select eligible projects to receive loans under 

8 this subsection in cases in which the Secretary 

9 determines— 

10 ‘‘(i) the loan recipient— 

11 ‘‘(I) has a reasonable prospect of 

12 repaying the principal and interest on 

13 the loan; 

14 ‘‘(II) will provide sufficient infor15 mation to the Secretary for the Sec16 retary to ensure that the qualified in17 vestment is expended efficiently and 

18 effectively; and 

19 ‘‘(III) has met such other criteria 

20 as may be established and published 

21 by the Secretary; and 

22 ‘‘(ii) the amount of the loan (when 

23 combined with amounts available to the 

24 loan recipient from other sources) will be 

25 sufficient to carry out the project. 


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1 ‘‘(B) REASONABLE PROSPECT OF REPAY2 MENT.—The Secretary shall base a determina3 tion of whether there is a reasonable prospect 

4 of repayment of the principal and interest on a 

5 loan under subparagraph (A) on a comprehen6 sive evaluation of whether the loan recipient has 

7 a reasonable prospect of repaying the principal 

8 and interest, including evaluation of— 

9 ‘‘(i) the strength of an eligible 

10 project’s contractual terms (if commer11 cially reasonably available); 

12 ‘‘(ii) the forecast of noncontractual 

13 cash flows supported by market projections 

14 from reputable sources, as determined by 

15 the Secretary; 

16 ‘‘(iii) cash sweeps and other structure 

17 enhancements; 

18 ‘‘(iv) the projected financial strength 

19 of the loan recipient at the time of loan 

20 close and projected throughout the loan 

21 term after the project is completed; 

22 ‘‘(v) the financial strength of the loan 

23 recipient’s investors and strategic partners, 

24 if applicable; and 


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1 ‘‘(vi) other financial metrics and anal2 yses that are relied upon by the private 

3 lending community and nationally recog4 nized credit rating agencies, as determined 

5 appropriate by the Secretary.’’; and 

6 (C) in paragraph (4)— 

7 (i) in subparagraph (B)(i), by striking 

8 ‘‘; and’’ and inserting ‘‘; or’’; 

9 (ii) in subparagraph (C), by striking 

10 ‘‘; and’’ and inserting a semicolon; 

11 (iii) in subparagraph (D), by striking 

12 the period at the end and inserting ‘‘; 

13 and’’; and 

14 (iv) by adding at the end the fol15 lowing: 

16 ‘‘(E) shall be subject to the condition that 

17 the loan is not subordinate to other financing.’’; 

18 (5) by amending subsection (e) to read as fol19 lows: 

20 ‘‘(e) REGULATIONS.—Not later than 6 months after 

21 the date of enactment of the NO EXHAUST Act of 2021, 

22 the Secretary shall issue a final rule establishing regula23 tions to carry out this section.’’; 

24 (6) by amending subsection (f) to read as fol25 lows: 


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1 ‘‘(f) FEES.—The Secretary shall charge and collect 

2 fees for loans under this section in amounts the Secretary 

3 determines are sufficient to cover applicable administra4 tive expenses (including any costs associated with third5 party consultants engaged by the Secretary), which may 

6 not exceed $100,000 or 10 basis points of the loan and 

7 may not be collected prior to financial closing.’’; 

8 (7) by amending subsection (g) to read as fol9 lows: 

10 ‘‘(g) PRIORITY.—The Secretary shall, in making 

11 awards or loans to those manufacturers that have existing 

12 facilities (which may be idle), give priority to those facili13 ties that are or would be— 

14 ‘‘(1) oldest or in existence for at least 20 years; 

15 ‘‘(2) recently closed, or at risk of closure; 

16 ‘‘(3) utilized primarily for the manufacture of 

17 medium-duty passenger vehicles or other heavy-duty 

18 vehicles that emit zero greenhouse gas emissions; or 

19 ‘‘(4) utilized primarily for the manufacture of 

20 ultra-efficient components.’’; 

21 (8) in subsection (h)— 

22 (A) in the header, by striking ‘‘AUTO23 MOBILE’’ and inserting ‘‘ADVANCED TECH24 NOLOGY VEHICLE’’; and 


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

2 ‘‘automobiles, or components of automobiles’’ 

3 and inserting ‘‘advanced technology vehicles, or 

4 components of advanced technology vehicles’’; 

5 (9) by striking subsection (i) and redesignating 

6 subsection (j) as subsection (i); and 

7 (10) by adding at the end the following: 

8 ‘‘(j) COORDINATION.—In carrying out this section, 

9 the Secretary shall coordinate with relevant vehicle, bio10 energy, and hydrogen and fuel cell demonstration project 

11 activities supported by the Department. 

12 ‘‘(k) OUTREACH.—In carrying out this section, the 

13 Secretary shall— 

14 ‘‘(1) provide assistance with the completion of 

15 applications for awards or loans under this section; 

16 and 

17 ‘‘(2) conduct outreach, including through con18 ferences and online programs, to disseminate infor19 mation on awards and loans under this section to 

20 potential applicants. 

21 ‘‘(l) REPORT.—Not later than 2 years after the date 

22 of the enactment of this subsection, and every 3 years 

23 thereafter, the Secretary shall submit to Congress a report 

24 on the status of projects supported by a loan under this 

25 section, including— 


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1 ‘‘(1) a list of projects receiving a loan under 

2 this section, including the loan amount and con3 struction status of each such project; 

4 ‘‘(2) the status of each project’s loan repay5 ment, including future repayment projections; 

6 ‘‘(3) data regarding the number of direct and 

7 indirect jobs retained, restored, or created by fi8 nanced projects; 

9 ‘‘(4) the number of new projects projected to 

10 receive a loan under this section in the next 2 years 

11 and the aggregate loan amount; 

12 ‘‘(5) evaluation of ongoing compliance with the 

13 assurances and commitments and of the predictions 

14 made by applicants pursuant to subsection (d)(2); 

15 and 

16 ‘‘(6) any other metrics the Secretary finds ap17 propriate. 

18 ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated to carry out this section 

20 $10,000,000 for each of fiscal years 2022 through 2031.’’. 

Æ 


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