Title: NO EXHAUST Act of 2021
Policy area: Energy

Summary:
New Opportunities to Expand Healthy Air Using Sustainable Transportation Act of 2021 or the NO EXHAUST Act of 2021
This bill establishes incentives and related requirements to encourage the manufacture and use of electric, fuel-efficient, or zero-emission vehicles.
For example, the bill directs the Department of Energy to establish a program to provide rebates for expenses associated with publicly accessible electric vehicle supply equipment (e.g., power outlets).
In addition, the bill reauthorizes existing grant programs and creates new grant programs, such as grants for the deployment of electric vehicle charging infrastructure in underserved or disadvantaged communities. It also revises a loan program that provides incentives to manufacture advanced vehicles, including by allowing loans to be awarded through FY2031.
Finally, the bill establishes minimum conservation requirements for federal fleets of vehicles.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2852 Introduced in House (IH)]

<DOC>






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.

    Be it enacted by the Senate and House of Representatives 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''.

                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 
        specifically for the purpose of delivering energy to an 
        electric vehicle.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (3) Underserved or disadvantaged community.--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 exacerbated systemic 
                racial, regional, social, environmental, and economic 
                injustices by disproportionately 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 Secretary 
                determines is disproportionately vulnerable to, or 
                bears a disproportionate burden of, any combination of 
                economic, social, and environmental 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 publicly 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 private entity, a not-for-profit 
        entity, a nonprofit entity, or a metropolitan planning 
        organization.
            (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 subparagraph (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, including 
                        accessibility in compliance with the Americans 
                        with Disabilities Act of 1990 (42 U.S.C. 12101 
                        et seq.).
                    (C) Location requirement.--To be eligible for the 
                rebate program, the electric vehicle supply equipment 
                described in subparagraph (A) shall be installed--
                            (i) in the United States;
                            (ii) on property--
                                    (I) owned by the eligible entity 
                                under paragraph (1); or
                                    (II) on which the eligible entity 
                                under paragraph (1) has authority to 
                                install electric vehicle supply 
                                equipment; and
                            (iii) at a location that is--
                                    (I) a multi-unit housing structure;
                                    (II) a workplace;
                                    (III) a commercial location; or
                                    (IV) open to the public for a 
                                minimum of 12 hours per day.
            (3) Application.--
                    (A) In general.--An eligible entity under paragraph 
                (1) may submit to the Secretary an application for a 
                rebate under the rebate program. Such application shall 
                include--
                            (i) the estimated cost of covered expenses 
                        to be expended on the electric vehicle supply 
                        equipment that is eligible under paragraph (2);
                            (ii) the estimated installation cost of the 
                        electric vehicle supply equipment that is 
                        eligible under paragraph (2);
                            (iii) the global positioning system 
                        location, including the integer number of 
                        degrees, 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 structure;
                                    (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, including 
                        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 
                                location identified under clause (iii); 
                                and
                            (vi) any other information determined by 
                        the Secretary to be necessary for a complete 
                        application.
                    (B) Review process.--The Secretary shall review an 
                application for a rebate under the rebate program and 
                approve an eligible entity 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 Secretary shall notify the eligible 
                entity whether the eligible entity will be awarded a 
                rebate under the rebate program following the 
                submission 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--
                            (i) 75 percent of the applicable covered 
                        expenses;
                            (ii) $2,000 for covered expenses associated 
                        with the purchase and installation of non-
                        networked level 2 charging equipment;
                            (iii) $4,000 for covered expenses 
                        associated with the purchase and installation 
                        of networked level 2 charging equipment; or
                            (iv) $100,000 for covered expenses 
                        associated 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 covered 
                        expenses;
                            (ii) $1,000 for covered expenses associated 
                        with the purchase and installation of non-
                        networked level 2 charging equipment;
                            (iii) $2,000 for covered expenses 
                        associated with the purchase and installation 
                        of networked level 2 charging equipment; or
                            (iv) $25,000 for covered expenses 
                        associated 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 disbursement 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 approved 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 electric 
                        vehicle supply equipment that is eligible under 
                        paragraph (2);
                            (iii) the global positioning system 
                        location of where such electric vehicle supply 
                        equipment was installed and identification of 
                        whether such location is--
                                    (I) a multi-unit housing structure;
                                    (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 
                        eligible 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 eligible for a 
                rebate under the rebate program, an eligible entity 
                under paragraph (1) shall enter into an agreement with 
                the Secretary to maintain the electric vehicle supply 
                equipment that is eligible under paragraph (2) in a 
                satisfactory manner for not less than 5 years after the 
                date 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 location and technical 
                specifications for the electric 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 relating 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 
        rebate 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 infrastructure.--Hydrogen 
        refueling equipment shall be eligible for a rebate under the 
        rebate program as though it were networked direct current fast 
        charging equipment. All requirements related to public 
        accessibility 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 submit to the Committee on Energy and 
        Commerce of the House of Representatives and the Committee on 
        Energy and Natural Resources of the Senate a report of the 
        number of rebates awarded for electric vehicle supply equipment 
        and hydrogen fuel cell refueling 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 supply equipment, including--
                    (A) the cost of electric vehicle supply equipment;
                    (B) labor costs associated with the installation of 
                such electric vehicle supply equipment, only if wages 
                for such labor are paid at rates not less than those 
                prevailing on similar labor 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 installation 
                of such electric vehicle supply equipment, including 
                expenses involving electrical equipment and necessary 
                upgrades or modifications to the electrical grid and 
                associated infrastructure required for the installation 
                of such electric vehicle supply equipment;
                    (D) permit costs associated with the installation 
                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 equipment capable of charging 
        more than one electric vehicle.
            (4) Level 2 charging equipment.--The term ``level 2 
        charging equipment'' means electric vehicle supply equipment 
        that provides an alternating current power source at a minimum 
        of 208 volts.
            (5) Networked direct current fast charging equipment.--The 
        term ``networked direct current fast charging equipment'' means 
        electric vehicle supply equipment that provides a direct 
        current 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 include space for 
        individual vehicle or fleet vehicle parking; and
            (2) integrating onsite renewable power equipment and 
        electric storage equipment (including electric 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 electric vehicles and electric vehicle 
supply equipment, State and local governments, and any other persons 
with relevant expertise or interests to facilitate understanding of the 
model code and best practices for adoption by jurisdictions.

SEC. 104. ELECTRIC VEHICLE SUPPLY EQUIPMENT COORDINATION.

    (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 nationwide, taking into 
        consideration range anxiety and the location of charging 
        infrastructure to ensure 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 Energy and Natural Resources of the Senate a report 
containing the results of the assessment carried out under subsection 
(a) and recommendations to overcome any barriers 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 Respecting 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 programs.--
                    ``(A) In general.--Each State shall consider 
                measures to promote greater electrification of the 
                transportation sector, including--
                            ``(i) authorizing measures to stimulate 
                        investment in and deployment of electric 
                        vehicle supply equipment and to foster the 
                        market for electric vehicle charging;
                            ``(ii) authorizing each electric utility of 
                        the State to recover from ratepayers any 
                        capital, operating expenditure, or other costs 
                        of the electric utility relating to load 
                        management, programs, or investments associated 
                        with the integration of electric vehicle supply 
                        equipment into the grid; and
                            ``(iii) allowing a person or agency that 
                        owns and operates an electric vehicle charging 
                        facility for the sole purpose of recharging an 
                        electric vehicle battery to be excluded from 
                        regulation as an electric utility pursuant to 
                        section 3(4) when making electricity sales from 
                        the use of the electric vehicle charging 
                        facility, if such sales are the only sales of 
                        electricity made by the person or agency.
                    ``(B) Definition.--For purposes of this paragraph, 
                the term `electric vehicle supply equipment' means 
                conductors, including ungrounded, grounded, and 
                equipment grounding conductors, electric vehicle 
                connectors, attachment plugs, and all other fittings, 
                devices, power outlets, or apparatuses installed 
                specifically for the purpose of delivering energy to an 
                electric vehicle.''.
    (b) Obligations To Consider and Determine.--
            (1) Time limitations.--Section 112(b) of the Public Utility 
        Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended 
        by adding at the end the following:
            ``(9)(A) Not later than 1 year after the date of enactment 
        of this paragraph, each State regulatory authority (with 
        respect to each electric utility for which it has ratemaking 
        authority) and each nonregulated electric utility shall 
        commence the consideration referred to in section 111, or set a 
        hearing date for consideration, with respect to the standards 
        established by paragraph (22) of section 111(d).
            ``(B) Not later than 2 years after the date of the 
        enactment of this paragraph, each State regulatory authority 
        (with respect to each electric utility for which it has 
        ratemaking authority), and each nonregulated electric utility, 
        shall complete the consideration, and shall make the 
        determination, referred to in section 111 with respect to each 
        standard established by paragraph (22) of section 111(d).''.
            (2) Failure to comply.--Section 112(c) of the Public 
        Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is 
        amended by adding at the end the following: ``In the case of 
        the standard established by paragraph (22) of section 111(d), 
        the reference contained in this subsection to the date of 
        enactment of this Act shall be deemed to be a reference to the 
        date of enactment of that paragraph.''.
            (3) Prior state actions.--Section 112 of the Public Utility 
        Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended by 
        adding at the end the following:
    ``(i) Prior State Actions.--Subsections (b) and (c) of this section 
shall not apply to the standard established by paragraph (22) of 
section 111(d) in the case of any electric utility in a State if, 
before the enactment of this subsection--
            ``(1) the State has implemented for such utility the 
        standard concerned (or a comparable standard);
            ``(2) the State regulatory authority for such State or 
        relevant nonregulated electric utility has conducted a 
        proceeding to consider implementation of the standard concerned 
        (or a comparable standard) for such utility;
            ``(3) the State legislature has voted on the implementation 
        of such standard (or a comparable standard) for such utility; 
        or
            ``(4) the State has taken action to implement incentives or 
        other steps to strongly encourage the deployment of electric 
        vehicles.''.
            (4) Prior and pending proceedings.--Section 124 of the 
        Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2634) 
        is amended by adding at the end the following: ``In the case of 
        the standard established by paragraph (22) of section 111(d), 
        the reference contained in this section to the date of the 
        enactment of this Act shall be deemed to be a reference to the 
        date of enactment of such paragraph (22).''.

SEC. 106. STATE ENERGY PLANS.

    (a) State Energy Conservation Plans.--Section 362(d) of the Energy 
Policy and Conservation Act (42 U.S.C. 6322(d)) is amended--
            (1) in paragraph (16), by striking ``; and'' and inserting 
        a semicolon;
            (2) by redesignating paragraph (17) as paragraph (18); and
            (3) by inserting after paragraph (16) the following:
            ``(17) a State energy transportation plan developed in 
        accordance with section 368; and''.
    (b) Authorization of Appropriations.--Section 365(f) of the Energy 
Policy and Conservation Act (42 U.S.C. 6325(f)) is amended to read as 
follows:
    ``(f) Authorization of Appropriations.--
            ``(1) State energy conservation plans.--For the purpose of 
        carrying out this part, there are authorized to be appropriated 
        $100,000,000 for each of fiscal years 2022 through 2031.
            ``(2) State energy transportation plans.--In addition to 
        the amounts authorized under paragraph (1), for the purpose of 
        carrying out section 368, there are authorized to be 
        appropriated $25,000,000 for each of fiscal years 2022 through 
        2031.''.
    (c) State Energy Transportation Plans.--
            (1) In general.--Part D of title III of the Energy Policy 
        and Conservation Act (42 U.S.C. 6321 et seq.) is further 
        amended by adding at the end the following:

``SEC. 368. STATE ENERGY TRANSPORTATION PLANS.

    ``(a) In General.--The Secretary may provide financial assistance 
to a State to develop a State energy transportation plan, for inclusion 
in a State energy conservation plan under section 362(d), to promote 
the electrification of the transportation system, reduced consumption 
of fossil fuels, and improved air quality.
    ``(b) Development.--A State developing a State energy 
transportation plan under this section shall carry out this activity 
through the State energy office that is responsible for developing the 
State energy conservation plan under section 362.
    ``(c) Contents.--A State developing a State energy transportation 
plan under this section shall include in such plan a plan to--
            ``(1) deploy a network of electric vehicle supply equipment 
        to ensure access to electricity for electric vehicles, 
        including commercial vehicles, to an extent that such electric 
        vehicles can travel throughout the State without running out of 
        a charge; and
            ``(2) promote modernization of the electric grid, including 
        through the use of renewable energy sources to power the 
        electric grid, to accommodate demand for power to operate 
        electric vehicle supply equipment and to utilize energy storage 
        capacity provided by electric vehicles, including commercial 
        vehicles.
    ``(d) Coordination.--In developing a State energy transportation 
plan under this section, a State shall coordinate, as appropriate, 
with--
            ``(1) State regulatory authorities (as defined in section 3 
        of the Public Utility Regulatory Policies Act of 1978 (16 
        U.S.C. 2602));
            ``(2) electric utilities;
            ``(3) regional transmission organizations or independent 
        system operators;
            ``(4) private entities that provide electric vehicle 
        charging services;
            ``(5) State transportation agencies, metropolitan planning 
        organizations, and local governments;
            ``(6) electric vehicle manufacturers;
            ``(7) public and private entities that manage vehicle 
        fleets; and
            ``(8) public and private entities that manage ports, 
        airports, or other transportation hubs.
    ``(e) Technical Assistance.--Upon request of the Governor of a 
State, the Secretary shall provide information and technical assistance 
in the development, implementation, or revision of a State energy 
transportation plan.
    ``(f) Electric Vehicle Supply Equipment Defined.--For purposes of 
this section, the term `electric vehicle supply equipment' means 
conductors, including ungrounded, grounded, and equipment grounding 
conductors, electric vehicle connectors, attachment plugs, and all 
other fittings, devices, power outlets, or apparatuses installed 
specifically for the purpose of delivering energy to an electric 
vehicle.''.
            (2) Conforming amendment.--The table of sections for part D 
        of title III of the Energy Policy and Conservation Act is 
        further amended by adding at the end the following:

``Sec. 368. State energy transportation plans.''.

SEC. 107. TRANSPORTATION ELECTRIFICATION.

    Section 131 of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17011) is amended--
            (1) in subsection (a)(6)--
                    (A) in subparagraph (A), by inserting ``, including 
                ground support equipment at ports'' before the 
                semicolon;
                    (B) in subparagraph (E), by inserting ``and 
                vehicles'' before the semicolon;
                    (C) in subparagraph (H), by striking ``and'' at the 
                end;
                    (D) in subparagraph (I)--
                            (i) by striking ``battery chargers,''; and
                            (ii) by striking the period at the end and 
                        inserting a semicolon; and
                    (E) by adding at the end the following:
                    ``(J) installation of electric vehicle supply 
                equipment for recharging plug-in electric drive 
                vehicles, including such equipment that is accessible 
                in rural and urban areas and in underserved or 
                disadvantaged communities and such equipment for 
                medium- and heavy-duty vehicles, including at depots 
                and in-route locations;
                    ``(K) multi-use charging hubs used for multiple 
                forms of transportation;
                    ``(L) medium- and heavy-duty vehicle smart charging 
                management and refueling;
                    ``(M) battery recycling and secondary use, 
                including for medium- and heavy-duty vehicles; and
                    ``(N) sharing of best practices, and technical 
                assistance provided by the Department to public 
                utilities commissions and utilities, for medium- and 
                heavy-duty vehicle electrification.'';
            (2) in subsection (b)--
                    (A) in paragraph (3)(A)(ii), by inserting ``, 
                components for such vehicles, and charging equipment 
                for such vehicles'' after ``vehicles''; and
                    (B) in paragraph (6), by striking ``$90,000,000 for 
                each of fiscal years 2008 through 2012'' and inserting 
                ``$2,000,000,000 for each of fiscal years 2022 through 
                2031'';
            (3) in subsection (c)--
                    (A) in the header, by striking ``Near-Term'' and 
                inserting ``Large-Scale''; and
                    (B) in paragraph (4), by striking ``$95,000,000 for 
                each of fiscal years 2008 through 2013'' and inserting 
                ``$2,500,000,000 for each of fiscal years 2022 through 
                2031''; and
            (4) by redesignating subsection (d) as subsection (e) and 
        inserting after subsection (c) the following:
    ``(d) Priority.--In providing grants under subsections (b) and (c), 
the Secretary shall give priority consideration to applications that 
contain a written assurance that all laborers and mechanics employed by 
contractors or subcontractors during construction, alteration, or 
repair that is financed, in whole or in part, by a grant provided under 
this section shall be paid wages at rates not less than those 
prevailing on similar construction in the locality, as determined by 
the Secretary of Labor in accordance with sections 3141 through 3144, 
3146, and 3147 of title 40, United States Code (and the Secretary of 
Labor shall, with respect to the labor standards described in this 
clause, have the authority and functions set forth in Reorganization 
Plan Numbered 14 of 1950 (5 U.S.C. App.) and section 3145 of title 40, 
United States Code).''.

SEC. 108. FEDERAL FLEETS.

    (a) Minimum Federal Fleet Requirement.--Section 303 of the Energy 
Policy Act of 1992 (42 U.S.C. 13212) is amended--
            (1) in subsection (a), by adding at the end the following:
    ``(3) The Secretary, in consultation with the Administrator of 
General Services, shall ensure that in acquiring medium- and heavy-duty 
vehicles for a Federal fleet, a Federal entity shall acquire zero-
emission vehicles to the maximum extent feasible.'';
            (2) by striking subsection (b) and inserting the following:
    ``(b) Percentage Requirements.--
            ``(1) In general.--
                    ``(A) Light-duty vehicles.--Beginning in fiscal 
                year 2025, 100 percent of the total number of light-
                duty vehicles acquired by a Federal entity for a 
                Federal fleet shall be alternative fueled vehicles, of 
                which--
                            ``(i) at least 50 percent shall be zero-
                        emission vehicles or plug-in hybrids in fiscal 
                        years 2025 through 2034;
                            ``(ii) at least 75 percent shall be zero-
                        emission vehicles or plug-in hybrids in fiscal 
                        years 2035 through 2049; and
                            ``(iii) 100 percent shall be zero-emission 
                        vehicles in fiscal year 2050 and thereafter.
                    ``(B) Medium- and heavy-duty vehicles.--The 
                following percentages of the total number of medium- 
                and heavy-duty vehicles acquired by a Federal entity 
                for a Federal fleet shall be alternative fueled 
                vehicles:
                            ``(i) At least 20 percent in fiscal years 
                        2025 through 2029.
                            ``(ii) At least 30 percent in fiscal years 
                        2030 through 2039.
                            ``(iii) At least 40 percent in fiscal years 
                        2040 through 2049.
                            ``(iv) At least 50 percent in fiscal year 
                        2050 and thereafter.
            ``(2) Exception.--The Secretary, in consultation with the 
        Administrator of General Services where appropriate, may permit 
        a Federal entity to acquire for a Federal fleet a smaller 
        percentage than is required in paragraph (1) for a fiscal year, 
        so long as the aggregate percentage acquired for each class of 
        vehicle for all Federal fleets in the fiscal year is at least 
        equal to the required percentage.
            ``(3) Definitions.--In this subsection:
                    ``(A) Federal fleet.--The term `Federal fleet' 
                means a fleet of vehicles that are centrally fueled or 
                capable of being centrally fueled and are owned, 
                operated, leased, or otherwise controlled by or 
                assigned to any Federal executive department, military 
                department, Government corporation, independent 
                establishment, or executive agency, the United States 
                Postal Service, the Congress, the courts of the United 
                States, or the Executive Office of the President. Such 
                term does not include--
                            ``(i) motor vehicles held for lease or 
                        rental to the general public;
                            ``(ii) motor vehicles used for motor 
                        vehicle manufacturer product evaluations or 
                        tests;
                            ``(iii) law enforcement vehicles;
                            ``(iv) emergency vehicles; or
                            ``(v) motor vehicles acquired and used for 
                        military purposes that the Secretary of Defense 
                        has certified to the Secretary must be exempt 
                        for national security reasons.
                    ``(B) Fleet.--The term `fleet' means--
                            ``(i) 20 or more light-duty vehicles, 
                        located in a metropolitan statistical area or 
                        consolidated metropolitan statistical area, as 
                        established by the Bureau of the Census, with a 
                        1980 population of more than 250,000; or
                            ``(ii) 10 or more medium- or heavy-duty 
                        vehicles, located at a Federal facility or 
                        located in a metropolitan statistical area or 
                        consolidated metropolitan statistical area, as 
                        established by the Bureau of the Census, with a 
                        1980 population of more than 250,000.''; and
            (3) in subsection (f)(2)(B)--
                    (A) by striking ``, either''; and
                    (B) in clause (i), by striking ``or'' and inserting 
                ``and''.
    (b) Federal Fleet Conservation Requirements.--Section 400FF(a) of 
the Energy Policy and Conservation Act (42 U.S.C. 6374e) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``18 months after the date of 
                enactment of this section'' and inserting ``12 months 
                after the date of enactment of the NO EXHAUST Act of 
                2021'';
                    (B) by striking ``2010'' and inserting ``2022''; 
                and
                    (C) by striking ``and increase alternative fuel 
                consumption'' and inserting ``, increase alternative 
                fuel consumption, and reduce vehicle greenhouse gas 
                emissions''; and
            (2) by striking paragraph (2) and inserting the following:
            ``(2) Goals.--The goals of the requirements under paragraph 
        (1) are that each Federal agency shall--
                    ``(A) reduce fleet-wide per-mile greenhouse gas 
                emissions from agency fleet vehicles, relative to a 
                baseline of emissions in 2015, by--
                            ``(i) not less than 30 percent by the end 
                        of fiscal year 2025;
                            ``(ii) not less than 50 percent by the end 
                        of fiscal year 2030; and
                            ``(iii) 100 percent by the end of fiscal 
                        year 2050; and
                    ``(B) increase the annual percentage of alternative 
                fuel consumption by agency fleet vehicles as a 
                proportion of total annual fuel consumption by Federal 
                fleet vehicles, to achieve--
                            ``(i) 25 percent of total annual fuel 
                        consumption that is alternative fuel by the end 
                        of fiscal year 2025;
                            ``(ii) 50 percent of total annual fuel 
                        consumption that is alternative fuel by the end 
                        of fiscal year 2035; and
                            ``(iii) at least 85 percent of total annual 
                        fuel consumption that is alternative fuel by 
                        the end of fiscal year 2050.''.

        TITLE II--ELECTRIC VEHICLES FOR UNDERSERVED COMMUNITIES

SEC. 201. EXPANDING ACCESS TO ELECTRIC VEHICLES IN UNDERSERVED AND 
              DISADVANTAGED COMMUNITIES.

    (a) In General.--
            (1) Assessment.--The Secretary shall conduct an assessment 
        of the state of, challenges to, and opportunities for the 
        deployment of electric vehicle charging infrastructure in 
        underserved or disadvantaged communities located throughout the 
        United States.
            (2) Report.--Not later than 1 year after the date of the 
        enactment of this Act, the Secretary shall submit to the 
        Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Energy and Natural 
        Resources of the Senate a report on the results of the 
        assessment conducted under paragraph (1), which shall--
                    (A) describe the state of deployment of electric 
                vehicle charging infrastructure in underserved or 
                disadvantaged communities located in urban, suburban, 
                and rural areas, including description of--
                            (i) the state of deployment of electric 
                        vehicle charging infrastructure that is--
                                    (I) publicly accessible;
                                    (II) installed in or available to 
                                occupants of public and affordable 
                                housing;
                                    (III) installed in or available to 
                                occupants of multi-unit dwellings;
                                    (IV) available to public sector and 
                                commercial fleets;
                                    (V) installed in or available at 
                                places of work;
                            (ii) policies, plans, and programs that 
                        cities, States, utilities, and private entities 
                        are using to encourage greater deployment and 
                        usage of electric vehicles and the associated 
                        electric vehicle charging infrastructure, 
                        including programs to encourage deployment of 
                        publicly accessible electric vehicle charging 
                        stations and electric vehicle charging stations 
                        available to residents in publicly owned and 
                        privately owned multi-unit dwellings;
                            (iii) ownership models for Level 2 charging 
                        stations and DC FAST charging stations located 
                        in residential multi-unit dwellings, commercial 
                        buildings, and publicly accessible areas;
                            (iv) mechanisms for financing electric 
                        vehicle charging stations; and
                            (v) rates charged for the use of Level 2 
                        charging stations and DC FAST charging 
                        stations;
                    (B) identify current barriers to expanding 
                deployment of electric vehicle charging infrastructure 
                in underserved or disadvantaged communities in urban, 
                suburban, and rural areas, including barriers to 
                expanding deployment of publicly accessible electric 
                vehicle charging infrastructure;
                    (C) identify the potential for, and barriers to, 
                recruiting and entering into contracts with locally 
                owned small and disadvantaged businesses, including 
                women and minority-owned businesses, to deploy electric 
                vehicle charging infrastructure in underserved or 
                disadvantaged communities in urban, suburban, and rural 
                areas;
                    (D) compile and provide an analysis of best 
                practices and policies used by State and local 
                governments, nonprofit organizations, and private 
                entities to increase deployment of electric vehicle 
                charging infrastructure in underserved or disadvantaged 
                communities in urban, suburban, and rural areas, 
                including best practices and policies relating to--
                            (i) public outreach and engagement;
                            (ii) increasing deployment of publicly 
                        accessible electric vehicle charging 
                        infrastructure; and
                            (iii) increasing deployment of electric 
                        vehicle charging infrastructure in publicly 
                        owned and privately owned multi-unit dwellings;
                    (E) to the extent practicable, enumerate and 
                identify in urban, suburban, and rural areas within 
                each State with detail at the level of ZIP Codes and 
                census tracts--
                            (i) the number of existing and planned 
                        publicly accessible Level 2 charging stations 
                        and DC FAST charging stations for individually 
                        owned light-duty and medium-duty electric 
                        vehicles;
                            (ii) the number of existing and planned 
                        Level 2 charging stations and DC FAST charging 
                        stations for public sector and commercial fleet 
                        electric vehicles and medium- and heavy-duty 
                        electric vehicles; and
                            (iii) the number and type of electric 
                        vehicle charging stations installed in or 
                        available to occupants of public and affordable 
                        housing; and
                    (F) describe the methodology used to obtain the 
                information provided in the report.
    (b) Five-Year Update Assessment.--Not later than 5 years after the 
date of the enactment of this Act, the Secretary shall--
            (1) update the assessment conducted under subsection 
        (a)(1); and
            (2) make public and submit to the Committee on Energy and 
        Commerce of the House of Representatives and the Committee on 
        Energy and Natural Resources of the Senate a report, which 
        shall--
                    (A) update the information required by subsection 
                (a)(2); and
                    (B) include a description of case studies and key 
                lessons learned after the date on which the report 
                under subsection (a)(2) was submitted with respect to 
                expanding the deployment of electric vehicle charging 
                infrastructure in underserved or disadvantaged 
                communities in urban, suburban, and rural areas.

SEC. 202. ELECTRIC VEHICLE CHARGING EQUITY PROGRAM.

    (a) Program.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary shall establish a program, to be 
known as the EV Charging Equity Program, to increase deployment and 
accessibility of electric vehicle charging infrastructure in 
underserved or disadvantaged communities by--
            (1) providing technical assistance to eligible entities 
        described in subsection (e); and
            (2) awarding grants on a competitive basis to eligible 
        entities described in subsection (e) for projects that increase 
        such deployment and accessibility of electric vehicle charging 
        infrastructure, including projects that are--
                    (A) publicly accessible;
                    (B) located within or are easily accessible to 
                residents of--
                            (i) public or affordable housing;
                            (ii) multi-unit dwellings; or
                            (iii) single-family homes; and
                    (C) located within or easily accessible to places 
                of work, provided that such electric vehicle charging 
                infrastructure is accessible no fewer than 5 days per 
                week.
    (b) Cost Share.--
            (1) In general.--Except as provided in paragraph (2), the 
        amount of a grant awarded under this section for a project 
        shall not exceed 80 percent of project costs.
            (2) Single-family homes.--The amount of a grant awarded 
        under this section for a project that involves, as a primary 
        focus, single-family homes shall not exceed 60 percent of 
        project costs.
    (c) Limitation.--Not more than 15 percent of the amount awarded for 
grants under this section in a fiscal year shall be awarded for 
projects that involve, as a primary focus, single-family homes.
    (d) Priority.--In awarding grants and providing technical 
assistance under this section, the Secretary shall give priority to 
projects that--
            (1) provide the greatest benefit to the greatest number of 
        people within an underserved or disadvantaged community;
            (2) incorporate renewable energy resources;
            (3) maximize local job creation, particularly among low-
        income, women, and minority workers; or
            (4) utilize or involve locally owned small and 
        disadvantaged businesses, including women and minority-owned 
        businesses.
    (e) Eligible Entities.--
            (1) In general.--To be eligible for a grant or technical 
        assistance under the EV Charging Equity Program, an entity 
        shall be--
                    (A) an individual or household that is the owner of 
                where a project will be carried out;
                    (B) a State, local, Tribal, or Territorial 
                government, or an agency or department thereof;
                    (C) an electric utility, including--
                            (i) a municipally owned electric utility;
                            (ii) a publicly owned electric utility;
                            (iii) an investor-owned utility; and
                            (iv) a rural electric cooperative;
                    (D) a nonprofit organization or institution;
                    (E) a public housing authority;
                    (F) an institution of higher education (as defined 
                in section 101 of the Higher Education Act of 1965 (20 
                U.S.C. 1001);
                    (G) a local small or disadvantaged business; or
                    (H) a partnership between any number of eligible 
                entities described in subparagraphs (A) through (G).
            (2) Updates.--The Secretary may add to or otherwise revise 
        the list of eligible entities under paragraph (1) if the 
        Secretary determines that such an addition or revision would be 
        beneficial to increasing deployment and accessibility of 
        electric vehicle charging infrastructure in underserved or 
        disadvantaged communities.
    (f) Public Notice and Request for Applications.--The Secretary 
shall publish in the Federal Register, and such other publications as 
the Secretary considers to be appropriate, a notice and request for 
applications to carry out projects under the EV Charging Equity 
Program.
    (g) Education and Outreach.--
            (1) In general.--In carrying out the EV Charging Equity 
        Program, the Secretary shall establish an education and 
        outreach component of such Program to ensure that information 
        regarding such Program and the benefits and opportunities for 
        electric vehicle charging is made available to individuals and 
        relevant entities that live within or serve underserved or 
        disadvantaged communities.
            (2) Requirements.--At a minimum, the education and outreach 
        component of the EV Charging Equity Program established under 
        this subsection shall include--
                    (A) the development and dissemination of an 
                electric vehicle charging resource guide that is--
                            (i) maintained electronically on a website;
                            (ii) available to the public, free of 
                        charge; and
                            (iii) directed specifically towards 
                        individuals and relevant entities that live 
                        within or serve underserved or disadvantaged 
                        communities;
                    (B) targeted outreach towards, and coordinated 
                public outreach with, relevant local, State, and Tribal 
                entities, nonprofit organizations, and institutions of 
                higher education, that are located within or serve 
                underserved or disadvantaged communities; and
                    (C) any other such forms of education or outreach 
                as the Secretary determines appropriate to increase 
                awareness of and access to the EV Charging Equity 
                Program.
    (h) Reports to Congress.--Not later than 1 year after the EV 
Charging Equity Program is established under this section, and not less 
frequently than once every 2 years after that, the Secretary shall 
submit to the Committee on Energy and Commerce of the House of 
Representatives and the Committee on Energy and Natural Resources of 
the Senate, and make publicly available, a report on the status of the 
EV Charging Equity Program, including a list and description of 
projects that have received grant awards or technical assistance, and 
of the funding or assistance provided to such projects.
    (i) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $96,000,000 for each of fiscal 
years 2022 through 2031.

SEC. 203. ENSURING PROGRAM BENEFITS FOR UNDERSERVED AND DISADVANTAGED 
              COMMUNITIES.

    In administering a relevant program, the Secretary shall, to the 
extent practicable, invest or direct available and relevant 
programmatic resources so that such program--
            (1) promotes electric vehicle charging infrastructure;
            (2) supports clean and multi-modal transportation;
            (3) provides improved air quality and emissions reductions; 
        and
            (4) prioritizes the needs of underserved or disadvantaged 
        communities.

SEC. 204. DEFINITIONS.

    In this title:
            (1) Electric vehicle charging infrastructure.--The term 
        ``electric vehicle charging infrastructure'' means electric 
        vehicle supply equipment, including any conductors, electric 
        vehicle connectors, attachment plugs, and all other fittings, 
        devices, power outlets, or apparatuses installed specifically 
        for the purposes of delivering energy to an electric vehicle.
            (2) Publicly accessible.--The term ``publicly accessible'' 
        means, with respect to electric vehicle charging 
        infrastructure, electric vehicle charging infrastructure that 
        is available, at zero or reasonable cost, to members of the 
        public for the purpose of charging a privately owned or leased 
        electric vehicle, or electric vehicle that is available for use 
        by members of the general public as part of a ride service or 
        vehicle sharing service or program, including within or 
        around--
                    (A) public sidewalks and streets;
                    (B) public parks;
                    (C) public buildings, including--
                            (i) libraries;
                            (ii) schools; and
                            (iii) government offices;
                    (D) public parking;
                    (E) shopping centers; and
                    (F) commuter transit hubs.
            (3) Relevant program.--The term ``relevant program'' means 
        a program of the Department of Energy, including--
                    (A) the State energy program under part D of title 
                III the Energy Policy and Conservation Act (42 U.S.C. 
                6321 et seq.);
                    (B) the Clean Cities program;
                    (C) the Energy Efficiency and Conservation Block 
                Grant Program established under section 542 of the 
                Energy Independence and Security Act of 2007 (42 U.S.C. 
                17152);
                    (D) loan guarantees made pursuant to title XVII of 
                the Energy Policy Act of 2005 (42 U.S.C. 16511 et 
                seq.); and
                    (E) such other programs as the Secretary determines 
                appropriate.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (5) Underserved or disadvantaged community.--The term 
        ``underserved or disadvantaged community'' means a community 
        located within a ZIP Code or census tract that is identified 
        as--
                    (A) a low-income community;
                    (B) a community of color;
                    (C) a Tribal community;
                    (D) having a disproportionately low number of 
                electric vehicle charging stations per capita, compared 
                to similar areas; or
                    (E) any other community that the Secretary 
                determines is disproportionately vulnerable to, or 
                bears a disproportionate burden of, any combination of 
                economic, social, environmental, and climate stressors.

      TITLE III--PROMOTING DOMESTIC ADVANCED VEHICLE MANUFACTURING

SEC. 301. DOMESTIC MANUFACTURING CONVERSION GRANT PROGRAM.

    (a) Hybrid Vehicles, Advanced Vehicles, and Fuel Cell Buses.--
Subtitle B of title VII of the Energy Policy Act of 2005 (42 U.S.C. 
16061 et seq.) is amended--
            (1) in the subtitle header, by inserting ``Plug-In Electric 
        Vehicles,'' before ``Hybrid Vehicles''; and
            (2) in part 1, in the part header, by striking ``hybrid'' 
        and inserting ``plug-in electric''.
    (b) Plug-In Electric Vehicles.--Section 711 of the Energy Policy 
Act of 2005 (42 U.S.C. 16061) is amended to read as follows:

``SEC. 711. PLUG-IN ELECTRIC VEHICLES.

    ``The Secretary shall accelerate efforts, related to domestic 
manufacturing, that are directed toward the improvement of batteries, 
power electronics, and other technologies for use in plug-in electric 
vehicles.''.
    (c) Efficient Hybrid and Advanced Diesel Vehicles.--Section 712 of 
the Energy Policy Act of 2005 (42 U.S.C. 16062) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by inserting ``, plug-in 
                electric,'' after ``efficient hybrid''; and
                    (B) by amending paragraph (3) to read as follows:
            ``(3) Priority.--Priority shall be given to--
                    ``(A) the refurbishment or retooling of 
                manufacturing facilities that have recently ceased 
                operation or would otherwise cease operation in the 
                near future; and
                    ``(B) applications containing--
                            ``(i) a written assurance that--
                                    ``(I) all laborers and mechanics 
                                employed by contractors or 
                                subcontractors during construction, 
                                alteration, or repair, or at any 
                                manufacturing operation, that is 
                                financed, in whole or in part, by a 
                                loan under this section shall be paid 
                                wages at rates not less than those 
                                prevailing in a similar firm or on 
                                similar construction in the locality, 
                                as determined by the Secretary of Labor 
                                in accordance with subchapter IV of 
                                chapter 31 of title 40, United States 
                                Code; and
                                    ``(II) the Secretary of Labor 
                                shall, with respect to the labor 
                                standards described in this paragraph, 
                                have the authority and functions set 
                                forth in Reorganization Plan Numbered 
                                14 of 1950 (64 Stat. 1267; 5 U.S.C. 
                                App.) and section 3145 of title 40, 
                                United States Code;
                            ``(ii) a disclosure of whether there has 
                        been any administrative merits determination, 
                        arbitral award or decision, or civil judgment, 
                        as defined in guidance issued by the Secretary 
                        of Labor, rendered against the applicant in the 
                        preceding 3 years for violations of applicable 
                        labor, employment, civil rights, or health and 
                        safety laws;
                            ``(iii) specific information regarding the 
                        actions the applicant will take to demonstrate 
                        compliance with, and where possible exceedance 
                        of, requirements under applicable labor, 
                        employment, civil rights, and health and safety 
                        laws, and actions the applicant will take to 
                        ensure that its direct suppliers demonstrate 
                        compliance with applicable labor, employment, 
                        civil rights, and health and safety laws; and
                            ``(iv) an estimate and description of the 
                        jobs and types of jobs to be retained or 
                        created by the project and the specific actions 
                        the applicant will take to increase employment 
                        and retention of dislocated workers, veterans, 
                        individuals from low-income communities, women, 
                        minorities, and other groups underrepresented 
                        in manufacturing, and individuals with a 
                        barrier to employment.''; and
            (2) by striking subsection (c) and inserting the following:
    ``(c) Cost Share and Guarantee of Operation.--
            ``(1) Condition.--A recipient of a grant under this section 
        shall pay the Secretary the full amount of the grant if the 
        facility financed in whole or in part under this subsection 
        fails to manufacture goods for a period of at least 10 years 
        after the completion of construction.
            ``(2) Cost share.--Section 988(c) shall apply to a grant 
        made under this subsection.
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $2,500,000,000 
for each of fiscal years 2022 through 2031.
    ``(e) Period of Availability.--An award made under this section 
after the date of enactment of this subsection shall only be available 
with respect to facilities and equipment placed in service before 
December 30, 2035.''.
    (d) Conforming Amendment.--The table of contents of the Energy 
Policy Act of 2005 is amended--
            (1) in the item relating to subtitle B of title VII, by 
        inserting ``Plug-In Electric Vehicles,'' before ``Hybrid 
        Vehicles'';
            (2) in the item relating to part 1 of such subtitle, by 
        striking ``Hybrid'' and inserting ``Plug-In Electric''; and
            (3) in the item relating to section 711, by striking 
        ``Hybrid'' and inserting ``Plug-in electric''.

SEC. 302. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING INCENTIVE PROGRAM.

    Section 136 of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17013) is amended--
            (1) in subsection (a)--
                    (A) by amending paragraph to read as follows:
            ``(1) Advanced technology vehicle.--The term `advanced 
        technology vehicle' means--
                    ``(A) an ultra efficient vehicle;
                    ``(B) a light-duty vehicle or medium-duty passenger 
                vehicle that--
                            ``(i) meets the Bin 160 Tier III emission 
                        standard established in regulations issued by 
                        the Administrator of the Environmental 
                        Protection Agency under section 202(i) of the 
                        Clean Air Act (42 U.S.C. 7521(i)), or a lower-
                        numbered Bin emission standard;
                            ``(ii) meets any new emission standard in 
                        effect for fine particulate matter prescribed 
                        by the Administrator under that Act (42 U.S.C. 
                        7401 et seq.); and
                            ``(iii) either--
                                    ``(I) complies with the applicable 
                                regulatory standard for emissions of 
                                greenhouse gases for model year 2027 or 
                                later; or
                                    ``(II) emits zero emissions of 
                                greenhouse gases; or
                    ``(C) a heavy-duty vehicle (excluding a medium-duty 
                passenger vehicle) that--
                            ``(i) demonstrates achievement below the 
                        applicable regulatory standards for emissions 
                        of greenhouse gases for model year 2027 
                        vehicles promulgated by the Administrator on 
                        October 25, 2016 (81 Fed. Reg. 73478);
                            ``(ii) complies with the applicable 
                        regulatory standard for emissions of greenhouse 
                        gases for model year 2030 or later; or
                            ``(iii) emits zero emissions of greenhouse 
                        gases.'';
                    (B) by striking paragraph (2) and redesignating 
                paragraph (3) as paragraph (2);
                    (C) by striking paragraph (4) and inserting the 
                following:
            ``(3) Qualifying component.--The term `qualifying 
        component' means a material, technology, component, system, or 
        subsystem in an advanced technology vehicle, including an 
        ultra-efficient component.
            ``(4) Ultra-efficient component.--The term `ultra-efficient 
        component' means--
                    ``(A) a component of an ultra efficient vehicle;
                    ``(B) fuel cell technology;
                    ``(C) battery technology, including a battery cell, 
                battery, battery management system, or thermal control 
                system;
                    ``(D) an automotive semiconductor or computer;
                    ``(E) an electric motor, axle, or component; and
                    ``(F) an advanced lightweight, high-strength, or 
                high-performance material.''; and
                    (D) in paragraph (5)--
                            (i) in subparagraph (B), by striking ``or'' 
                        at the end;
                            (ii) in subparagraph (C), by striking the 
                        period at the end and inserting ``; or''; and
                            (iii) by adding at the end the following:
                    ``(D) at least 75 miles per gallon equivalent while 
                operating as a hydrogen fuel cell electric vehicle.'';
            (2) by amending subsection (b) to read as follows:
    ``(b) Advanced Vehicles Manufacturing Facility.--
            ``(1) In general.--The Secretary shall provide facility 
        funding awards under this section to advanced technology 
        vehicle manufacturers and component suppliers to pay not more 
        than 50 percent of the cost of--
                    ``(A) reequipping, expanding, or establishing 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 vehicles 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 
        facility 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:
            ``(2) Application.--An applicant for a loan under this 
        subsection shall submit to the Secretary an application at such 
        time, in such manner, and containing such information as the 
        Secretary may require, including--
                    ``(A) a written assurance that--
                            ``(i) all laborers and mechanics employed 
                        by contractors or subcontractors during 
                        construction, alteration, or repair, or at any 
                        manufacturing operation, that is financed, in 
                        whole or in part, by a loan under this section 
                        shall be paid wages at rates not less than 
                        those prevailing in a similar firm or on 
                        similar construction in the locality, as 
                        determined by the Secretary of Labor in 
                        accordance with subchapter IV of chapter 31 of 
                        title 40, United States Code; and
                            ``(ii) the Secretary of Labor shall, with 
                        respect to the labor standards described in 
                        this paragraph, have the authority and 
                        functions set forth in Reorganization Plan 
                        Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. 
                        App.) and section 3145 of title 40, United 
                        States Code;
                    ``(B) a disclosure of whether there has been any 
                administrative merits determination, arbitral award or 
                decision, or civil judgment, as defined in guidance 
                issued by the Secretary of Labor, rendered against the 
                applicant in the preceding 3 years for violations of 
                applicable labor, employment, civil rights, or health 
                and safety laws;
                    ``(C) specific information regarding the actions 
                the applicant will take to demonstrate compliance with, 
                and where possible exceedance of, requirements under 
                applicable labor, employment, civil rights, and health 
                and safety laws, and actions the applicant will take to 
                ensure that its direct suppliers demonstrate compliance 
                with applicable labor, employment, civil rights, and 
                health and safety laws; and
                    ``(D) an estimate and description of the jobs and 
                types of jobs to be retained or created by the project 
                and the specific actions the applicant will take to 
                increase employment and retention of dislocated 
                workers, veterans, individuals from low-income 
                communities, women, minorities, and other groups 
                underrepresented in manufacturing, and individuals with 
                a barrier to employment.'';
                    (B) by amending paragraph (3) to read as follows:
            ``(3) Selection of eligible projects.--
                    ``(A) In general.--The Secretary shall select 
                eligible projects to receive loans under this 
                subsection in cases in which the Secretary determines--
                            ``(i) the loan recipient--
                                    ``(I) has a reasonable prospect of 
                                repaying the principal and interest on 
                                the loan;
                                    ``(II) will provide sufficient 
                                information to the Secretary for the 
                                Secretary to ensure that the qualified 
                                investment is expended efficiently and 
                                effectively; and
                                    ``(III) has met such other criteria 
                                as may be established and published by 
                                the Secretary; and
                            ``(ii) the amount of the loan (when 
                        combined with amounts available to the loan 
                        recipient from other sources) will be 
                        sufficient to carry out the project.
                    ``(B) Reasonable prospect of repayment.--The 
                Secretary shall base a determination of whether there 
                is a reasonable prospect of repayment of the principal 
                and interest on a loan under subparagraph (A) on a 
                comprehensive evaluation of whether the loan recipient 
                has a reasonable prospect of repaying the principal and 
                interest, including evaluation of--
                            ``(i) the strength of an eligible project's 
                        contractual terms (if commercially reasonably 
                        available);
                            ``(ii) the forecast of noncontractual cash 
                        flows supported by market projections from 
                        reputable sources, as determined by the 
                        Secretary;
                            ``(iii) cash sweeps and other structure 
                        enhancements;
                            ``(iv) the projected financial strength of 
                        the loan recipient at the time of loan close 
                        and projected throughout the loan term after 
                        the project is completed;
                            ``(v) the financial strength of the loan 
                        recipient's investors and strategic partners, 
                        if applicable; and
                            ``(vi) other financial metrics and analyses 
                        that are relied upon by the private lending 
                        community and nationally recognized credit 
                        rating agencies, as determined appropriate by 
                        the Secretary.''; and
                    (C) in paragraph (4)--
                            (i) in subparagraph (B)(i), by striking ``; 
                        and'' and inserting ``; or'';
                            (ii) in subparagraph (C), by striking ``; 
                        and'' and inserting a semicolon;
                            (iii) in subparagraph (D), by striking the 
                        period at the end and inserting ``; and''; and
                            (iv) by adding at the end the following:
                    ``(E) shall be subject to the condition that the 
                loan is not subordinate to other financing.'';
            (5) by amending subsection (e) to read as follows:
    ``(e) Regulations.--Not later than 6 months after the date of 
enactment of the NO EXHAUST Act of 2021, the Secretary shall issue a 
final rule establishing regulations to carry out this section.'';
            (6) by amending subsection (f) to read as follows:
    ``(f) Fees.--The Secretary shall charge and collect fees for loans 
under this section in amounts the Secretary determines are sufficient 
to cover applicable administrative expenses (including any costs 
associated with third-party consultants engaged by the Secretary), 
which may not exceed $100,000 or 10 basis points of the loan and may 
not be collected prior to financial closing.'';
            (7) by amending subsection (g) to read as follows:
    ``(g) Priority.--The Secretary shall, in making awards or loans to 
those manufacturers that have existing facilities (which may be idle), 
give priority to those facilities that are or would be--
            ``(1) oldest or in existence for at least 20 years;
            ``(2) recently closed, or at risk of closure;
            ``(3) utilized primarily for the manufacture of medium-duty 
        passenger vehicles or other heavy-duty vehicles that emit zero 
        greenhouse gas emissions; or
            ``(4) utilized primarily for the manufacture of ultra-
        efficient components.'';
            (8) in subsection (h)--
                    (A) in the header, by striking ``Automobile'' and 
                inserting ``Advanced Technology Vehicle''; and
                    (B) in paragraph (1)(B), by striking ``automobiles, 
                or components of automobiles'' and inserting ``advanced 
                technology vehicles, or components of advanced 
                technology vehicles'';
            (9) by striking subsection (i) and redesignating subsection 
        (j) as subsection (i); and
            (10) by adding at the end the following:
    ``(j) Coordination.--In carrying out this section, the Secretary 
shall coordinate with relevant vehicle, bioenergy, and hydrogen and 
fuel cell demonstration project activities supported by the Department.
    ``(k) Outreach.--In carrying out this section, the Secretary 
shall--
            ``(1) provide assistance with the completion of 
        applications for awards or loans under this section; and
            ``(2) conduct outreach, including through conferences and 
        online programs, to disseminate information on awards and loans 
        under this section to potential applicants.
    ``(l) Report.--Not later than 2 years after the date of the 
enactment of this subsection, and every 3 years thereafter, the 
Secretary shall submit to Congress a report on the status of projects 
supported by a loan under this section, including--
            ``(1) a list of projects receiving a loan under this 
        section, including the loan amount and construction status of 
        each such project;
            ``(2) the status of each project's loan repayment, 
        including future repayment projections;
            ``(3) data regarding the number of direct and indirect jobs 
        retained, restored, or created by financed projects;
            ``(4) the number of new projects projected to receive a 
        loan under this section in the next 2 years and the aggregate 
        loan amount;
            ``(5) evaluation of ongoing compliance with the assurances 
        and commitments and of the predictions made by applicants 
        pursuant to subsection (d)(2); and
            ``(6) any other metrics the Secretary finds appropriate.
    ``(m) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $10,000,000 for each of fiscal 
years 2022 through 2031.''.
                                 <all>