I 
116TH CONGRESS 
2D SESSION 
H. R. 8447 
To authorize the Secretary of Transportation to provide loans for the 
acquisition of electric or fuel cell buses and related infrastructure. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 30, 2020 
Mr. BEYER (for himself, Mr. ROGERS of Alabama, and Mr. LOWENTHAL) in-
troduced the following bill; which was referred to the Committee on 
Transportation and Infrastructure, and in addition to the Committee on 
Energy and Commerce, 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 authorize the Secretary of Transportation to provide loans 
for the acquisition of electric or fuel cell buses and 
related infrastructure. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Community Health 
and Clean Transit Act of 2020’’. 
SEC. 2. DEFINITIONS. 
In this Act— 
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(1) the term ‘‘covered loan’’ means a direct loan 
made by the Secretary under section 4; 
(2) the term ‘‘electric bus’’ means a bus that is 
a zero emission vehicle (as defined in section 
5339(c)(1) of title 49, United States Code) that is 
fully battery-powered; 
(3) the term ‘‘eligible area’’ means an area that 
is— 
(A) designated as a nonattainment area 
for ozone or carbon monoxide under section 
107(d) of the Clean Air Act (42 U.S.C. 
7407(d)); or 
(B) any area that was nonattainment and 
subsequently designated to attainment in ac-
cordance with section 107(d)(3) of that Act (42 
U.S.C. 7407(d)(3)) and that is subject to a 
maintenance plan under section 175A of that 
Act (42 U.S.C. 7505a); 
(4) the term ‘‘eligible entity’’ means an eligible 
recipient, as described in section 5339(a)(4) of title 
49, United States Code; 
(5) the term ‘‘eligible project’’ has the meaning 
given the term in section 5339(c)(1) of title 49, 
United States Code, except that— 
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(A) that definition shall be applied by sub-
stituting ‘‘electric or fuel cell buses’’ for ‘‘low or 
no emission vehicles’’; and 
(B) an eligible project only includes a 
project in an eligible area (as defined in this 
section); 
(6) the term ‘‘eligible project cost’’— 
(A) means the cost of an eligible project; 
and 
(B) includes (and in the case of an eligible 
project described in clause (i), (ii), or (iii) of 
section 5339(c)(1)(B), means only)— 
(i) the incremental cost of acquiring 
an electric or fuel cell bus necessary to 
meet the needs of the eligible entity, as 
compared to the average cost of a diesel 
bus; and 
(ii) the cost of technical assistance for 
the acquisition, financing, and operation of 
an electric or fuel cell bus and related in-
frastructure, including technical assistance 
for route electrification, technology selec-
tion, and vehicle-to-grid interfacing; 
(7) the term ‘‘fuel cell’’ means a method to pro-
pel by power derived from 1 or more cells which con-
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vert chemical energy directly into electricity by com-
bining oxygen with hydrogen fuel which is stored on 
board the vehicle in any form and may or may not 
require reformation prior to use; 
(8) the term ‘‘Secretary’’, except as otherwise 
provided in this Act, means the Secretary of Trans-
portation; and 
(9) the term ‘‘subsidy amount’’ means the 
amount of budget authority sufficient to cover the 
estimated long-term cost to the Federal Government 
of a covered loan— 
(A) calculated on a net present value basis; 
and 
(B) excluding administrative costs and any 
incidental effects on governmental receipts or 
outlays in accordance with the Federal Credit 
Reform Act of 1990 (2 U.S.C. 661 et seq.). 
SEC. 3. PURPOSE. 
The purpose of this Act is to help entities that pro-
vide or finance public transportation to choose and be able 
to afford the best vehicles for their needs, and to achieve 
fuel and maintenance cost savings, by providing loans to 
eligible entities to acquire electric or fuel cell buses and 
related infrastructure. 
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SEC. 4. AUTHORIZATION TO PROVIDE ASSISTANCE. 
The Secretary may make a direct loan to an eligible 
entity for eligible project costs. 
SEC. 5. APPLICATIONS. 
(a) IN GENERAL.—An eligible entity desiring a cov-
ered loan shall submit to the Secretary an application 
that— 
(1) includes an implementation plan for use of 
the covered loan; 
(2) estimates the amounts the eligible entity 
will save on fuel and maintenance costs due to the 
covered loan; and 
(3) provides reasonable assurance that the eligi-
ble entity will make all payments on the covered 
loan. 
(b) LINK TO LOW OR NO EMISSION BUS AND BUS 
FACILITIES GRANT APPLICATIONS.—The Secretary shall 
establish a procedure under which an eligible entity that 
submits an application for a grant under section 5339 of 
title 49, United States Code, may amend the application 
to also be considered for a covered loan under this Act 
without having to submit a separate application under this 
section. 
(c) GUIDANCE
AND BEST PRACTICES.—Not later 
than 1 year after the date of enactment of this Act, the 
Secretary of Energy, in consultation with the Secretary 
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of Transportation, shall develop and publish on the 
website of the Department of Energy guidance on best 
practices for transit districts to enter into innovative rela-
tionships with public utilities and bus manufacturers to 
incorporate into operations and financing of electric or 
fuel cell buses and infrastructure— 
(1) secondary use or recycling of the battery; 
(2) vehicle-to-grid integration; 
(3) charging infrastructure cost shares; or 
(4) battery performance guarantees. 
SEC. 6. TERMS AND CONDITIONS. 
(a) IN GENERAL.—A covered loan— 
(1) shall not accrue interest; and 
(2) shall be on such terms and conditions and 
contain such covenants, representations, warranties, 
and requirements (including requirements for au-
dits) as the Secretary may prescribe. 
(b) TERM OF LOAN.—The Secretary may provide a 
covered loan only if the final maturity date of the covered 
loan is not later than the date on which the electric or 
fuel cell bus acquired using the covered loan is expected 
to exceed its useful life, based on the average life expect-
ancy of the electric or fuel cell bus. 
(c) BUY AMERICA.—Section 5323(j) of title 49, 
United States Code, shall apply with respect to a project 
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funded using a covered loan in the same manner as to 
a project funded using amounts appropriated to carry out 
chapter 53 of such title 49. 
(d) NON-FEDERAL SHARE FOR LOW-NO GRANTS.— 
The proceeds of a covered loan may be used for any non- 
Federal share of project costs required under section 
5339(c) of title 49, United States Code, if the covered loan 
is repayable from non-Federal funds. 
SEC. 7. REPAYMENT. 
(a) COMMENCEMENT.—Scheduled repayments of 
principal on a covered loan provided to an eligible entity 
shall commence not later than 180 days after the date on 
which the eligible entity places in revenue service the elec-
tric or fuel cell bus and necessary infrastructure that were 
acquired using the covered loan. 
(b) PREPAYMENT.—An eligible entity may make re-
payments on a covered loan in advance of the scheduled 
repayment date with no penalty. 
(c) DELINQUENCY.—Notwithstanding any other pro-
vision of law, if an eligible entity fails to make a scheduled 
repayment on a covered loan, the Secretary may withhold 
from the eligible entity an equivalent amount of any assist-
ance that would otherwise be provided to the eligible entity 
under a formula grant program under chapter 53 of title 
49, United States Code. 
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SEC. 8. AVAILABILITY OF FUNDS. 
Subject to the availability of funds and except as oth-
erwise provided in this Act, amounts provided by the Sec-
retary under this Act shall be available until expended. 
SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There is authorized to be appro-
priated $15,000,000 for each of the first 5 fiscal years 
beginning after the date of enactment of this Act for the 
subsidy amount of covered loans. 
(b) ADMINISTRATIVE COSTS.—There is authorized to 
be appropriated such sums as are necessary for the admin-
istrative cost of providing covered loans. 
Æ 
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