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 trans-
portation 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 Over-
sight and Reform, and Science, Space, and Technology, for a period to 
be subsequently determined by the Speaker, in each case for consider-
ation 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, encour-
age electrification of the transportation sector, create 
jobs, and improve air quality, and for other purposes. 
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 ‘‘New Opportunities to 
Expand Healthy Air Using Sustainable Transportation 
Act of 2021’’ or the ‘‘NO EXHAUST Act of 2021’’. 
VerDate Sep 11 2014 
16:28 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2852.IH
H2852
pamtmann on DSKBC07HB2PROD with BILLS
TITLE I—ELECTRIC VEHICLE 
INFRASTRUCTURE 
SEC. 101. DEFINITIONS. 
In this title: 
(1) ELECTRIC VEHICLE SUPPLY EQUIPMENT.— 
The term ‘‘electric vehicle supply equipment’’ means 
any conductors, including ungrounded, grounded, 
and equipment grounding conductors, electric vehicle 
connectors, attachment plugs, and all other fittings, 
devices, power outlets, or apparatuses installed spe-
cifically for the purpose of delivering energy to an 
electric vehicle. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(3) UNDERSERVED OR DISADVANTAGED COM-
MUNITY.—The term ‘‘underserved or disadvantaged 
community’’ means— 
(A) a community located in a ZIP code 
that includes a census tract that is identified 
as— 
(i) a low-income community; or 
(ii) a community of color; 
(B) a community in which climate change, 
pollution, or environmental destruction have ex-
acerbated systemic racial, regional, social, envi-
VerDate Sep 11 2014 
16:28 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2852.IH
H2852
pamtmann on DSKBC07HB2PROD with BILLS
ronmental, and economic injustices by dis-
proportionately affecting indigenous peoples, 
communities of color, migrant communities, 
deindustrialized communities, depopulated rural 
communities, the poor, low-income workers, 
women, the elderly, the unhoused, people with 
disabilities, or youth; or 
(C) any other community that the Sec-
retary determines is disproportionately vulner-
able to, or bears a disproportionate burden of, 
any combination of economic, social, and envi-
ronmental stressors. 
SEC. 102. ELECTRIC VEHICLE SUPPLY EQUIPMENT REBATE 
PROGRAM. 
(a) REBATE PROGRAM.—Not later than January 1, 
2022, the Secretary shall establish a rebate program to 
provide rebates for covered expenses associated with pub-
licly accessible electric vehicle supply equipment (in this 
section referred to as the ‘‘rebate program’’). 
(b) REBATE PROGRAM REQUIREMENTS.— 
(1) ELIGIBLE ENTITIES.—A rebate under the 
rebate program may be made to an individual, a 
State, local, Tribal, or Territorial government, a pri-
vate entity, a not-for-profit entity, a nonprofit entity, 
or a metropolitan planning organization. 
VerDate Sep 11 2014 
16:28 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2852.IH
H2852
pamtmann on DSKBC07HB2PROD with BILLS
(2) ELIGIBLE EQUIPMENT.— 
(A) IN
GENERAL.—Not later than 180 
days after the date of the enactment of this 
Act, the Secretary shall publish and maintain 
on the Department of Energy internet website 
a list of electric vehicle supply equipment that 
is eligible for the rebate program. 
(B) UPDATES.—The Secretary may, by 
regulation, add to, or otherwise revise, the list 
of electric vehicle supply equipment under sub-
paragraph (A) if the Secretary determines that 
such addition or revision will likely lead to— 
(i) greater usage of electric vehicle 
supply equipment; 
(ii) greater access to electric vehicle 
supply equipment by users; or 
(iii) an improved experience for users 
of electric vehicle supply equipment, in-
cluding accessibility in compliance with the 
Americans with Disabilities Act of 1990 
(42 U.S.C. 12101 et seq.). 
(C) LOCATION REQUIREMENT.—To be eli-
gible for the rebate program, the electric vehicle 
supply equipment described in subparagraph 
(A) shall be installed— 
VerDate Sep 11 2014 
16:28 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2852.IH
H2852
pamtmann on DSKBC07HB2PROD with BILLS
(ii) the estimated installation cost of 
the electric vehicle supply equipment that 
is eligible under paragraph (2); 
(iii) the global positioning system lo-
cation, including the integer number of de-
grees, minutes, and seconds, where such 
electric vehicle supply equipment is to be 
installed, and identification of whether 
such location is— 
(I) a multi-unit housing struc-
ture; 
(II) a workplace; 
(III) a commercial location; or 
(IV) open to the public for a 
minimum of 12 hours per day; 
(iv) the technical specifications of 
such electric vehicle supply equipment, in-
cluding the maximum power voltage and 
amperage of such equipment; 
(v) an identification of any existing 
electric vehicle supply equipment that— 
(I) is available to the public for a 
minimum of 12 hours per day; and 
(II) is not further than 50 miles 
from the global positioning system lo-
VerDate Sep 11 2014 
16:28 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2852.IH
H2852
pamtmann on DSKBC07HB2PROD with BILLS
cation identified under clause (iii); 
and 
(vi) any other information determined 
by the Secretary to be necessary for a com-
plete application. 
(B) REVIEW
PROCESS.—The Secretary 
shall review an application for a rebate under 
the rebate program and approve an eligible en-
tity under paragraph (1) to receive such rebate 
if the application meets the requirements of the 
rebate program under this subsection. 
(C) NOTIFICATION TO ELIGIBLE ENTITY.— 
Not later than 1 year after the date on which 
the eligible entity under paragraph (1) applies 
for a rebate under the rebate program, the Sec-
retary shall notify the eligible entity whether 
the eligible entity will be awarded a rebate 
under the rebate program following the submis-
sion of additional materials required under 
paragraph (5). 
(4) REBATE AMOUNT.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the amount of a rebate made 
under the rebate program for each charging 
unit shall be the lesser of— 
VerDate Sep 11 2014 
16:28 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2852.IH
H2852
pamtmann on DSKBC07HB2PROD with BILLS
(i) 75 percent of the applicable cov-
ered expenses; 
(ii) $2,000 for covered expenses asso-
ciated with the purchase and installation of 
non-networked level 2 charging equipment; 
(iii) $4,000 for covered expenses asso-
ciated with the purchase and installation of 
networked level 2 charging equipment; or 
(iv) $100,000 for covered expenses as-
sociated with the purchase and installation 
of networked direct current fast charging 
equipment. 
(B) REBATE AMOUNT FOR REPLACEMENT 
EQUIPMENT.—A rebate made under the rebate 
program for replacement of pre-existing electric 
vehicle supply equipment at a single location 
shall be the lesser of— 
(i) 75 percent of the applicable cov-
ered expenses; 
(ii) $1,000 for covered expenses asso-
ciated with the purchase and installation of 
non-networked level 2 charging equipment; 
(iii) $2,000 for covered expenses asso-
ciated with the purchase and installation of 
networked level 2 charging equipment; or 
VerDate Sep 11 2014 
16:28 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2852.IH
H2852
pamtmann on DSKBC07HB2PROD with BILLS
(iv) $25,000 for covered expenses as-
sociated with the purchase and installation 
of networked direct current fast charging 
equipment. 
(5) DISBURSEMENT OF REBATE.— 
(A) IN
GENERAL.—The Secretary shall 
disburse a rebate under the rebate program to 
an eligible entity under paragraph (1), following 
approval of an application under paragraph (3), 
if such entity submits the materials required 
under subparagraph (B). 
(B) MATERIALS REQUIRED FOR DISBURSE-
MENT OF REBATE.—Not later than one year 
after the date on which the eligible entity under 
paragraph (1) receives notice under paragraph 
(3)(C) that the eligible entity has been ap-
proved for a rebate, such eligible entity shall 
submit to the Secretary the following— 
(i) a record of payment for covered 
expenses expended on the installation of 
the electric vehicle supply equipment that 
is eligible under paragraph (2); 
(ii) a record of payment for the elec-
tric vehicle supply equipment that is eligi-
ble under paragraph (2); 
VerDate Sep 11 2014 
16:28 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2852.IH
H2852
pamtmann on DSKBC07HB2PROD with BILLS
(iii) the global positioning system lo-
cation of where such electric vehicle supply 
equipment was installed and identification 
of whether such location is— 
(I) a multi-unit housing struc-
ture; 
(II) a workplace; 
(III) a commercial location; or 
(IV) open to the public for a 
minimum of 12 hours per day; 
(iv) the technical specifications of the 
electric vehicle supply equipment that is el-
igible under paragraph (2), including the 
maximum power voltage and amperage of 
such equipment; and 
(v) any other information determined 
by the Secretary to be necessary. 
(C) AGREEMENT TO MAINTAIN.—To be eli-
gible for a rebate under the rebate program, an 
eligible entity under paragraph (1) shall enter 
into an agreement with the Secretary to main-
tain the electric vehicle supply equipment that 
is eligible under paragraph (2) in a satisfactory 
manner for not less than 5 years after the date 
VerDate Sep 11 2014 
16:28 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2852.IH
H2852
pamtmann on DSKBC07HB2PROD with BILLS
on which the eligible entity under paragraph (1) 
receives the rebate under the rebate program. 
(D) EXCEPTION.—The Secretary shall not 
disburse a rebate under the rebate program if 
materials submitted under subparagraph (B) do 
not meet the same global positioning system lo-
cation and technical specifications for the elec-
tric vehicle supply equipment that is eligible 
under paragraph (2) provided in an application 
under paragraph (3). 
(6) MULTI-PORT CHARGERS.—An eligible entity 
under paragraph (1) shall be awarded a rebate 
under the rebate program for covered expenses relat-
ing to the purchase and installation of a multi-port 
charger based on the number of publicly accessible 
charging ports, with each subsequent port after the 
first port being eligible for 50 percent of the full re-
bate amount. 
(7) 
NETWORKED
DIRECT
CURRENT
FAST 
CHARGING.—Of amounts appropriated to carry out 
the rebate program, not more than 40 percent may 
be used for rebates of networked direct current fast 
charging equipment. 
(8) HYDROGEN FUEL CELL REFUELING INFRA-
STRUCTURE.—Hydrogen refueling equipment shall 
VerDate Sep 11 2014 
16:28 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H2852.IH
H2852
pamtmann on DSKBC07HB2PROD with BILLS
be eligible for a rebate under the rebate program as 
though it were networked direct current fast charg-
ing equipment. All requirements related to public ac-
cessibility of installed locations shall apply. 
(9) REPORT.—Not later than 3 years after the 
first date on which the Secretary awards a rebate 
under the rebate program, the Secretary shall sub-
mit to the Committee on Energy and Commerce of 
the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate a re-
port of the number of rebates awarded for electric 
vehicle supply equipment and hydrogen fuel cell re-
fueling equipment in each of the location categories 
described in paragraph (2)(C)(iii). 
(c) DEFINITIONS.—In this section: 
(1) COVERED EXPENSES.—The term ‘‘covered 
expenses’’ means an expense that is associated with 
the purchase and installation of electric vehicle sup-
ply equipment, including— 
(A) the cost of electric vehicle supply 
equipment; 
(B) labor costs associated with the installa-
tion of such electric vehicle supply equipment, 
only if wages for such labor are paid at rates 
not less than those prevailing on similar labor 
VerDate Sep 11 2014 
16:28 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H2852.IH
H2852
pamtmann on DSKBC07HB2PROD with BILLS
in the locality of installation, as determined by 
the Secretary of Labor under subchapter IV of 
chapter 31 of title 40, United States Code 
(commonly referred to as the ‘‘Davis-Bacon 
Act’’); 
(C) material costs associated with the in-
stallation of such electric vehicle supply equip-
ment, including expenses involving electrical 
equipment and necessary upgrades or modifica-
tions to the electrical grid and associated infra-
structure required for the installation of such 
electric vehicle supply equipment; 
(D) permit costs associated with the instal-
lation of such electric vehicle supply equipment; 
and 
(E) the cost of an on-site energy storage 
system. 
(2) ELECTRIC
VEHICLE.—The term ‘‘electric 
vehicle’’ means a vehicle that derives all or part of 
its power from electricity. 
(3) MULTI-PORT CHARGER.—The term ‘‘multi- 
port charger’’ means electric vehicle supply equip-
ment capable of charging more than one electric ve-
hicle. 
VerDate Sep 11 2014 
16:28 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H2852.IH
H2852
pamtmann on DSKBC07HB2PROD with BILLS
(4) LEVEL
CHARGING
EQUIPMENT.—The 
term ‘‘level 2 charging equipment’’ means electric 
vehicle supply equipment that provides an alter-
nating current power source at a minimum of 208 
volts. 
(5) 
NETWORKED
DIRECT
CURRENT
FAST 
CHARGING EQUIPMENT.—The term ‘‘networked di-
rect current fast charging equipment’’ means electric 
vehicle supply equipment that provides a direct cur-
rent power source at a minimum of 50 kilowatts and 
is enabled to connect to a network to facilitate data 
collection and access. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$100,000,000 for each of fiscal years 2022 through 2031. 
SEC. 103. MODEL BUILDING CODE FOR ELECTRIC VEHICLE 
SUPPLY EQUIPMENT. 
(a) REVIEW.—The Secretary shall review proposed or 
final model building codes for— 
(1) integrating electric vehicle supply equipment 
into residential and commercial buildings that in-
clude space for individual vehicle or fleet vehicle 
parking; and 
(2) integrating onsite renewable power equip-
ment and electric storage equipment (including elec-
VerDate Sep 11 2014 
16:28 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H2852.IH
H2852
pamtmann on DSKBC07HB2PROD with BILLS
tric vehicle batteries to be used for electric storage) 
into residential and commercial buildings. 
(b) TECHNICAL ASSISTANCE.—The Secretary shall 
provide technical assistance to stakeholders representing 
the building construction industry, manufacturers of elec-
tric vehicles and electric vehicle supply equipment, State 
and local governments, and any other persons with rel-
evant expertise or interests to facilitate understanding of 
the model code and best practices for adoption by jurisdic-
tions. 
SEC. 104. ELECTRIC VEHICLE SUPPLY EQUIPMENT COORDI-
NATION. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Secretary, acting 
through the Assistant Secretary of the Office of Electricity 
Delivery and Energy Reliability (including the Smart Grid 
Task Force), shall convene a group to assess progress in 
the development of standards necessary to— 
(1) support the expanded deployment of electric 
vehicle supply equipment; 
(2) develop an electric vehicle charging network 
to provide reliable charging for electric vehicles na-
tionwide, taking into consideration range anxiety 
and the location of charging infrastructure to ensure 
VerDate Sep 11 2014 
16:28 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H2852.IH
H2852
pamtmann on DSKBC07HB2PROD with BILLS
an electric vehicle can travel throughout the United 
States without losing a charge; and 
(3) ensure the development of such network will 
not compromise the stability and reliability of the 
electric grid. 
(b) REPORT TO CONGRESS.—Not later than 1 year 
after the date of enactment of this Act, the Secretary shall 
provide to the Committee on Energy and Commerce of the 
House of Representatives and to the Committee on En-
ergy and Natural Resources of the Senate a report con-
taining the results of the assessment carried out under 
subsection (a) and recommendations to overcome any bar-
riers to standards development or adoption identified by 
the group convened under such subsection. 
SEC. 105. STATE CONSIDERATION OF ELECTRIC VEHICLE 
CHARGING. 
(a) CONSIDERATION AND DETERMINATION RESPECT-
ING CERTAIN RATEMAKING STANDARDS.—Section 111(d) 
of the Public Utility Regulatory Policies Act of 1978 (16 
U.S.C. 2621(d)) is further amended by adding at the end 
the following: 
‘‘(22) ELECTRIC
VEHICLE
CHARGING
PRO-
GRAMS.— 
VerDate Sep 11 2014 
16:28 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H2852.IH
H2852
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(1) IN GENERAL.—The Secretary shall provide 
facility funding awards under this section to ad-
vanced technology vehicle manufacturers and compo-
nent suppliers to pay not more than 50 percent of 
the cost of— 
‘‘(A) reequipping, expanding, or estab-
lishing a manufacturing facility in the United 
States to produce— 
‘‘(i) advanced technology vehicles; or 
‘‘(ii) qualifying components; and 
‘‘(B) engineering integration performed in 
the United States of advanced technology vehi-
cles and qualifying components. 
‘‘(2) ULTRA-EFFICIENT
COMPONENTS
COST 
SHARE.—Notwithstanding paragraph (1), a facility 
funding award under such paragraph may pay not 
more than 80 percent of the cost of a project to 
reequip, expand, or establish a manufacturing facil-
ity in the United States to produce ultra-efficient 
components.’’; 
(3) in subsection (c), by striking ‘‘2020’’ and 
inserting ‘‘2031’’ each place it appears; 
(4) in subsection (d)— 
(A) by amending paragraph (2) to read as 
follows: 
VerDate Sep 11 2014 
16:28 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H2852.IH
H2852
pamtmann on DSKBC07HB2PROD with BILLS