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Code · BILL · 116th Congress · H.R. 2 (Engrossed in House) — To authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes. · Sec. 1303

Sec. 1303. Grants for charging and fueling infrastructure to modernize and reconnect America for the 21st century

2,020 words·~9 min read·/bill/116/hr/2/eh/section-1303

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The purpose of this section is to establish a grant program to strategically deploy electric vehicle charging infrastructure, natural gas fueling, propane fueling, and hydrogen fueling infrastructure along designated alternative fuel corridors that will be accessible to all drivers of electric vehicles, natural gas vehicles, propane vehicles, and hydrogen vehicles. Section 151 of title 23, United States Code, is amended— in subsection
(a)by striking Not later than 1 year after the date of enactment of the FAST Act, the Secretary shall and inserting The Secretary shall periodically ; in subsection (b)(2) by inserting previously designated by the Federal Highway Administration or after fueling corridors ; in subsection (d)— by striking 5 years after the date of establishment of the corridors under subsection (a), and every 5 years thereafter and inserting 180 days after the date of enactment of the ; and INVEST in America Act by inserting establish a recurring process to regularly after the Secretary shall ; in subsection (e)— in paragraph
(1)by striking ; and and inserting a semicolon; in paragraph (2)— by striking establishes an aspirational goal of achieving and inserting describes efforts to achieve ; and by striking by the end of fiscal year 2020. and inserting a semicolon; and by adding at the end the following: summarizes best practices and provides guidance, developed through consultation with the Secretary of Energy, for project development of electric vehicle charging infrastructure, hydrogen fueling infrastructure, and natural gas fueling infrastructure at the State, tribal, and local level to allow for the predictable deployment of such infrastructure; and summarizes the progress and implementation of the grant program under subsection (f), including— a description of how funds awarded through the grant program under subsection
(f)will aid efforts to achieve strategic deployment of electric vehicle charging infrastructure, natural gas fueling, propane fueling, and hydrogen fueling infrastructure in those corridors; the total number and location of charging and fueling stations installed under subsection (f); and the total estimated greenhouse gas emissions that have been reduced through the use of electric vehicle charging, natural gas fueling, propane fueling, or hydrogen fueling infrastructure funded under subsection
(f)using the methodology identified in paragraph (3)(B). ; and by adding at the end the following: Not later than 1 year after the date of enactment of the INVEST in America Act , the Secretary shall establish a grant program to award grants to eligible entities for electric vehicle charging, natural gas fueling, propane fueling, and hydrogen fueling infrastructure projects. An entity eligible to receive a grant under this subsection is— a State (as such term is defined in section 401) or political subdivision of a State; a metropolitan planning organization; a unit of local government; a special purpose district or public authority with a transportation function, including a port authority; a Tribal government; an authority, agency, or instrumentality of, or an entity owned by, one or more of the entities described in subparagraphs
(A)through (E); or a group of entities described in subparagraphs
(A)through (F). To be eligible to receive a grant under this subsection, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary shall require, including— a description of— the public accessibility of the charging or fueling infrastructure proposed to be funded with a grant under this subsection, including— charging or fueling connector types; publicly available information on real-time availability; and payment methods available to all members of the public to ensure secure, convenient, fair, and equal access and not limited by membership to a particular provider; collaborative engagement with the entity with jurisdiction over the roadway and any other relevant stakeholders (including automobile manufacturers, utilities, infrastructure providers, technology providers, electric charging, natural gas, propane, and hydrogen fuel providers, metropolitan planning organizations, States, Indian Tribes, units of local government, fleet owners, fleet managers, fuel station owners and operators, labor organizations, environmental and environmental justice organizations, infrastructure construction and component parts suppliers, and multistate and regional entities)— to foster enhanced, coordinated, public-private or private investment in electric vehicle charging, natural gas fueling, propane fueling, and hydrogen fueling infrastructure; to expand deployment of electric vehicle charging, natural gas fueling, propane fueling, or hydrogen fueling infrastructure; to protect personal privacy and ensure cybersecurity; and to ensure that a properly trained workforce is available to construct and install electric vehicle charging, natural gas fueling, propane fueling, or hydrogen fueling infrastructure; the location of the station or fueling site, including consideration of— the availability of onsite amenities for vehicle operators, including restrooms or food facilities; access in compliance with the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.); height and fueling capacity requirements for facilities that charge or refuel large vehicles, including semitrailer trucks; and appropriate distribution to avoid redundancy and fill charging or fueling gaps; infrastructure installation that can be responsive to technology advancements, including accommodating autonomous vehicles and future charging methods; the long-term operation and maintenance of the electric vehicle charging or hydrogen fueling infrastructure to avoid stranded assets and protect the investment of public funds in such infrastructure; and in the case of an applicant that is not a State department of transportation, the degree of coordination with the applicable State department of transportation; and an assessment of the estimated greenhouse gas emissions and air pollution from vehicle emissions that will be reduced through the use of electric vehicle charging, natural gas fueling, propane fueling, or hydrogen fueling infrastructure, which shall be conducted using one standardized methodology or tool as determined by the Secretary. In selecting eligible entities to receive a grant under this subsection, the Secretary shall— consider the extent to which the application of the eligible entity would— reduce estimated greenhouse gas emissions and air pollution from vehicle emissions, weighted by the total Federal investment in the project; improve alternative fueling corridor networks by— converting corridor-pending corridors to corridor-ready corridors; or in the case of corridor-ready corridors, providing additional capacity— to meet excess demand for charging or fueling infrastructure; to reduce congestion at existing charging or fueling infrastructure in high-traffic locations; or to provide charging stations that support charging needs for current and future vehicles and minimize future upgrade costs; meet current or anticipated market demands for charging or fueling infrastructure, including faster charging speeds; enable or accelerate the construction of charging or fueling infrastructure that would be unlikely to be completed without Federal assistance; support a long-term competitive market for electric vehicle charging infrastructure, natural gas fueling, propane fueling, or hydrogen fueling infrastructure that does not significantly impair existing electric vehicle charging or hydrogen fueling infrastructure providers; reduce greenhouse gas emissions in established goods-movement corridors, locations serving first- and last-mile freight near ports and freight hubs, and locations that optimize infrastructure networks and reduce hazardous air pollutants in communities disproportionately impacted by such pollutants; plans for the use of renewable energy sources or zero emissions energy sources for the charging or fueling infrastructure; and provide publicly available electric vehicle charging placement and construction in communities 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, individuals with disabilities, or youth; and ensure, to the maximum extent practicable, geographic diversity among grant recipients to ensure that electric vehicle charging infrastructure or hydrogen fueling infrastructure is available throughout the United States. Any grant made under this subsection shall be— directly related to the charging or fueling of a vehicle; and only for charging or fueling infrastructure that is open to the general public. Any electric vehicle charging, natural gas fueling, propane fueling, or hydrogen fueling infrastructure acquired and installed with a grant under this subsection shall be located along an alternative fuel corridor designated under this section or by a State or group of States. Notwithstanding clause (i), the Secretary may make a grant for electric vehicle charging or hydrogen fueling infrastructure not on a designated alternative fuel corridor if the applicant demonstrates that the proposed charging or fueling infrastructure would expand deployment of electric vehicle charging or hydrogen fueling to a greater number of users than investments on such corridor. Subject to clauses
(ii)and (iii), an eligible entity that receives a grant under this subsection may use a portion of the funds for operating assistance for the first 5 years of operations after the installation of electric vehicle charging, natural gas fueling, propane fueling, or hydrogen fueling infrastructure while the facility transitions to independent system operations. Operating assistance under this subparagraph shall be limited to costs allocable to operating and maintaining the electric vehicle charging, natural gas fueling, propane fueling, or hydrogen fueling infrastructure and service. Operating assistance under this subparagraph may not exceed the amount of a contract under subparagraph
(A)to acquire and install electric vehicle charging, natural gas fueling, propane fueling, or hydrogen fueling infrastructure. Subject to this paragraph and paragraph (6)(B), an eligible entity that receives a grant under this subsection may use a portion of the funds to acquire and install— traffic control devices located in the right-of-way to provide directional information to electric vehicle charging, natural gas fueling, propane fueling, or hydrogen fueling infrastructure acquired, installed, or operated with the grant under this subsection; and on-premises signs to provide information about electric vehicle charging, natural gas fueling, propane fueling, or hydrogen fueling infrastructure acquired, installed, or operated with a grant under this subsection. Any traffic control device or on-premises sign acquired, installed, or operated with a grant under this subsection shall comply with the Manual on Uniform Traffic Control Devices, if located in the highway right-of-way. An eligible entity receiving a grant under this subsection and a private entity referred to in subparagraph
(F)may enter into a cost-sharing agreement under which the private entity submits to the eligible entity a portion of the revenue from the electric vehicle charging, natural gas fueling, propane fueling, or hydrogen fueling infrastructure. An eligible entity receiving a grant under this subsection may use the funds in accordance with this paragraph to contract with a private entity for installation, operation, or maintenance of electric vehicle charging, natural gas fueling, propane fueling, or hydrogen fueling infrastructure. An eligible private entity includes privately, publicly, or cooperatively owned utilities, private electric vehicle service equipment and hydrogen fueling infrastructure providers, and retail fuel stations. Notwithstanding any other provision of law, any project funded by a grant under this subsection shall be treated as a project on a Federal-aid highway. A project for electric vehicle charging infrastructure funded by a grant under this subsection shall be subject to the requirements of section 155. The Federal share of the cost of a project carried out with a grant under this subsection shall not exceed 80 percent of the total project cost. The Secretary shall seek to enter into an agreement with the National Academies for the Transportation Research Board of the National Academy of Sciences shall— conduct a study on options for financing the placement of a national network of publicly available EV charging infrastructure along all eligible roads on the National Highway System that includes consideration of financial instruments and optimization of public-private partnerships; and conduct a study to determine the maximum distance allowable between publicly available EV charging infrastructure, such that— a driver starting at any point along an eligible road on the National Highway System within the continental United States can drive to any other point along an eligible road on the National Highway System without running out of a charging power; and a driver starting at any point along an eligible road on the National Highway System within Hawaii, Alaska, or Puerto Rico can drive to any other point along an eligible road on the National Highway System within that same state or territory without running out of charging power. Not later than 2 years after the date of enactment of this subsection, the Secretary shall submit to Congress the results of the studies commissioned under subparagraph (A). .
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Sec. 1303
Grants for charging and fueling infrastructure to modernize and reconnect America for the 21st century
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