I 118th CONGRESS 1st Session H. R. 6178 IN THE HOUSE OF REPRESENTATIVES November 2, 2023 Ms. Brownley (for herself, Ms. Tokuda , and Mr. Cleaver ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Transportation and Infrastructure , 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 require the Secretary of Energy to develop a National Electric Vehicle Bidirectional Charging Roadmap, and for other purposes.

1. Short title This Act may be cited as the Bidirectional Electric Vehicle Charging Act of 2023 . 2. National Electric Vehicle Bidirectional Charging Roadmap (a) In general The Secretary of Energy shall develop a National Electric Vehicle Bidirectional Charging Roadmap that includes— (1) a timeline and strategy for increasing the development and use of bidirectional charging; (2) a list of strategies and obstacles to increasing the development and use of bidirectional charging; (3) key actions for Congress to consider taking with respect to bidirectional charging matters; and (4) cost estimates for increasing the development and use of bidirectional charging, including a cost estimate for such an increase if such an increase were to be done at a pace that is slow, moderate, or fast. (b) Publication Not later than 12 months after the date of enactment of this Act, the Secretary of Energy shall submit to the Committee on Energy and Commerce of the House of Representatives, and make available to the public, including on the public website of the Department of Energy, the National Electric Vehicle Bidirectional Charging Roadmap developed under subsection (a). 3. Technical standards and requirement for bidirectional charging (a) Regulations Not later than 2 years after the date of enactment of this Act, the Secretary of Energy shall issue regulations— (1) establishing technical standards for manufacturers of electric vehicles to standardize bidirectional charging technology; and (2) requiring that all new electric vehicles manufactured beginning in model year 2027 and thereafter be capable of bidirectional charging, including electric vehicles that are light-duty motor vehicles and school buses, except as exempted by the Secretary of Energy, as the Secretary determines appropriate. (b) Civil penalties (1) In general A person that violates a regulation issued under this section is liable to the United States Government for a civil penalty of not more than $21,000 for each violation. A separate violation occurs for each electric vehicle or item of electric vehicle equipment and for each failure or refusal to allow or perform an act required by this section and the regulations thereunder. The maximum penalty under this subsection for a related series of violations is $105,000,000. (2) Compromise (A) In general The Secretary of Energy may compromise the amount of a civil penalty imposed under this section. (B) Relevant Factors in Determining Amount of Penalty or Compromise In determining the amount of a civil penalty or compromise under this section, the Secretary of Energy shall consider the nature, circumstances, extent, and gravity of the violation. Such determination shall include, as appropriate— (i) the nature of the defect or noncompliance; (ii) knowledge by the person charged of its obligations under this section; (iii) the number of electric vehicles or items of electric vehicle equipment distributed with the defect or noncompliance; (iv) actions taken by the person charged to identify, investigate, or mitigate the condition; (v) the appropriateness of such penalty in relation to the size of the business of the person charged, including the potential for undue adverse economic impacts; (vi) whether the person has been assessed civil penalties under this section during the most recent 5 years; and (vii) other appropriate factors. 4. Disaster recovery plans The Administrator of the Federal Emergency Management Agency shall issue such regulations as are necessary to require that hazard mitigation plans submitted by States or local governments under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5165 ) incorporate bidirectional charging capabilities. 5. Definitions In this Act: (1) Bidirectional charging The term bidirectional charging means, with respect to an electric vehicle, that the electric vehicle can receive energy from electric vehicle supply equipment and provide energy to an external load when it is paired with similarly capable electric vehicle supply equipment. (2) Electric vehicle The term electric vehicle means a vehicle designed to operate exclusively on electricity stored in a rechargeable battery, multiple batteries, or battery pack.