Sec. 1401. Grants for charging and fueling infrastructure to modernize and reconnect America for the 21st century
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The purpose of this section is to establish a grant program to strategically deploy electric vehicle charging infrastructure, hydrogen fueling infrastructure, and natural gas fueling infrastructure along designated alternative fuel corridors that will be accessible to all drivers of electric vehicles, hydrogen vehicles, and natural gas 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 before designated by ; 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 America's Transportation Infrastructure Act of 2019 , by inserting establish a recurring process to regularly before update ; in subsection (e)— in paragraph (1), by striking and at the end; in paragraph (2)— by striking establishes an aspirational goal of achieving and inserting describes efforts, including through funds awarded through the grant program under subsection (f), that will aid efforts to achieve ; and by striking by the end of fiscal year 2020. and inserting ; and ; 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 that infrastructure. ; and by adding at the end the following:
Not later than 1 year after the date of enactment of the America's Transportation Infrastructure Act of 2019 , the Secretary shall establish a grant program to award grants to eligible entities to carry out the activities described in paragraph (5). An entity eligible to receive a grant under this subsection is— a State 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; an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )); an authority, agency, or instrumentality of, or an entity owned by, 1 or more 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 how the eligible entity has considered— public accessibility of charging or fueling infrastructure proposed to be funded with a grant under this subsection, including— charging or fueling connector types and publicly available information on real-time availability; and payment methods to ensure secure, convenient, fair, and equal access; collaborative engagement with stakeholders (including automobile manufacturers, utilities, infrastructure providers, technology providers, electric charging, hydrogen, and natural gas fuel providers, metropolitan planning organizations, States, Indian tribes, and units of local governments, fleet owners, fleet managers, fuel station owners and operators, labor organizations, infrastructure construction and component parts suppliers, and multi-State and regional entities)— to foster enhanced, coordinated, public-private or private investment in electric vehicle charging infrastructure, hydrogen fueling infrastructure, or natural gas fueling infrastructure; to expand deployment of electric vehicle charging infrastructure, hydrogen fueling infrastructure, or natural gas 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 infrastructure, hydrogen fueling infrastructure, or natural gas fueling infrastructure; the location of the station or fueling site, such as consideration of— the availability of onsite amenities for vehicle operators, such as 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, such as semi-trailer trucks; and appropriate distribution to avoid redundancy and fill charging or fueling gaps; infrastructure installation that can be responsive to technology advancements, such as accommodating autonomous vehicles and future charging methods; and the long-term operation and maintenance of the electric vehicle charging infrastructure, hydrogen fueling infrastructure, or natural gas fueling infrastructure, to avoid stranded assets and protect the investment of public funds in that infrastructure; and an assessment of the estimated emissions that will be reduced through the use of electric vehicle charging infrastructure, hydrogen fueling infrastructure, or natural gas fueling infrastructure, which shall be conducted using the Alternative Fuel Life-Cycle Environmental and Economic Transportation (AFLEET) tool developed by Argonne National Laboratory (or a successor tool). 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— improve alternative fueling corridor networks by— converting corridor-pending corridors to corridor-ready corridors; or in the case of corridor-ready corridors, providing redundancy— to meet excess demand for charging or fueling infrastructure; or to reduce congestion at existing charging or fueling infrastructure in high-traffic locations; meet current or anticipated market demands for charging or fueling infrastructure; enable or accelerate the construction of charging or fueling infrastructure that would be unlikely to be completed without Federal assistance; and support a long-term competitive market for electric vehicle charging infrastructure, hydrogen fueling infrastructure, or natural gas fueling infrastructure that does not significantly impair existing electric vehicle charging infrastructure, hydrogen fueling infrastructure, or natural gas fueling infrastructure providers; ensure, to the maximum extent practicable, geographic diversity among grant recipients to ensure that electric vehicle charging infrastructure, hydrogen fueling infrastructure, or natural gas fueling infrastructure is available throughout the United States; consider whether the private entity that the eligible entity contracts with under paragraph (5)— submits to the Secretary the most recent year of audited financial statements; and has experience in installing and operating electric vehicle charging infrastructure, hydrogen fueling infrastructure, or natural gas fueling infrastructure; and consider whether, to the maximum extent practicable, the eligible entity and the private entity that the eligible entity contracts with under paragraph
(5)enter into an agreement— to operate and maintain publicly available electric vehicle charging infrastructure, hydrogen fueling infrastructure, or natural gas infrastructure; and that provides a remedy and an opportunity to cure if the requirements described in clause
(i)are not met. An eligible entity receiving a grant under this subsection shall only use the funds in accordance with this paragraph to contract with a private entity for acquisition and installation of publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, or natural gas fueling infrastructure that is directly related to the charging or fueling of a vehicle. Any electric vehicle charging infrastructure, hydrogen fueling infrastructure, or natural gas fueling infrastructure acquired and installed with a grant under this subsection shall be located along an alternative fuel corridor designated— under this section, on the condition that any affected Indian tribes are consulted before the designation; or by a State or group of States, such as the Regional Electric Vehicle West Plan of the States of Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah, and Wyoming, on the condition that any affected Indian tribes are consulted before the designation. Subject to clauses
(ii)and (iii), an eligible entity that receives a grant under this subsection may use a portion of the funds to provide to a private entity operating assistance for the first 5 years of operations after the installation of electric vehicle charging infrastructure, hydrogen fueling infrastructure, or natural gas 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 infrastructure, hydrogen fueling infrastructure, or natural gas fueling infrastructure and service, including costs associated with labor, marketing, and administrative costs. Operating assistance under this subparagraph may not exceed the amount of a contract under subparagraph
(A)to acquire and install publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, or natural gas 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 infrastructure, hydrogen fueling infrastructure, or natural gas fueling infrastructure acquired, installed, or operated with the grant; and on-premises signs to provide information about electric vehicle charging infrastructure, hydrogen fueling infrastructure, or natural gas fueling infrastructure acquired, installed, or operated with a grant under this subsection. Clause
(i)shall apply only to an eligible entity that— receives a grant under this subsection; and is using that grant for the acquisition and installation of publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, or natural gas fueling infrastructure. The amount of funds used to acquire and install traffic control devices and on-premises signs under clause
(i)may not exceed the amount of a contract under subparagraph
(A)to acquire and install publicly accessible charging or fueling infrastructure. Nothing in this subparagraph authorizes an eligible entity that receives a grant under this subsection to acquire and install traffic control devices or on-premises signs if the entity is not otherwise authorized to do so. An eligible entity receiving a grant under this subsection and a private entity referred to in subparagraph
(A)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 infrastructure, hydrogen fueling infrastructure, or natural gas fueling infrastructure. 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 under this chapter. 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 right-of-way; and other provisions of Federal, State, and local law, as applicable. 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. As a condition of contracting with an eligible entity under paragraph (5), a private entity shall agree to pay the share of the cost of a project carried out with a grant under this subsection that is not paid by the Federal Government under subparagraph (A). Not later than 3 years after the date of enactment of this subsection, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report on the progress and implementation of this subsection. .
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Sec. 1401
Grants for charging and fueling infrastructure to modernize and reconnect America for the 21st century
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