[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5558 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 5558

To promote American leadership in vehicle manufacturing, job creation, 
     improved air quality, and climate protection through domestic 
  manufacturing of low- and zero-emission vehicles and development of 
      electric vehicle charging networks, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 8, 2020

 Mrs. Dingell introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To promote American leadership in vehicle manufacturing, job creation, 
     improved air quality, and climate protection through domestic 
  manufacturing of low- and zero-emission vehicles and development of 
      electric vehicle charging networks, 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 ``USA Electrify Forward Act''.

SEC. 2. 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 domestic manufacturing efforts 
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 vehicles,'' 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 will cease operation in the near future; 
                and
                    ``(B) applications containing a written assurance 
                that--
                            ``(i) all laborers and mechanics employed 
                        by contractors or subcontractors during 
                        construction, alteration, retooling, or repair 
                        that is financed, in whole or in part, by a 
                        grant under this subsection 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;
                            ``(ii) all laborers and mechanics employed 
                        by the owner or operator of a manufacturing 
                        facility that is financed, in whole or in part, 
                        by a grant under this subsection 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
                            ``(iii) 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 (5 U.S.C. App.) and section 
                        3145 of title 40, United States Code.''; 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 $2.5 billion for each of fiscal years 
2021 through 2030.
    ``(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.''.

SEC. 3. 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 the matter preceding subparagraph (A), by 
                striking ``and petroleum,'' and inserting ``petroleum, 
                expand use of electric vehicles, and facilitate 
                electrification of the transportation sector,'';
                    (B) in subparagraph (A), by inserting ``and ground 
                support equipment at ports'' before the semicolon;
                    (C) in subparagraph (E), by inserting ``and 
                vehicles'' before the semicolon;
                    (D) in subparagraph (H), by striking ``and'' at the 
                end;
                    (E) in subparagraph (I)--
                            (i) by striking ``battery chargers,''; and
                            (ii) by striking the period at the end and 
                        inserting a semicolon; and
                    (F) by adding at the end the following:
                    ``(J) plug-in electric vehicle charging 
                infrastructure, including publicly accessible charging 
                infrastructure, including infrastructure accessible to 
                rural, urban, and low-income communities or 
                infrastructure on commercial property; and
                    ``(K) multi-use charging hubs used for multiple 
                forms of transportation.''; and
            (2) in subsection (b)--
                    (A) in paragraph (3)(A)--
                            (i) in clause (i), by striking ``and'' at 
                        the end;
                            (ii) in clause (ii), by inserting ``, 
                        vehicle components, and plug-in electric 
                        vehicle charging equipment'' after 
                        ``vehicles''; and
                            (iii) by adding at the end the following:
                            ``(iii) 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 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); and''; 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 2021 through 
                2030''; and
            (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 2021 through 
                2030''.

SEC. 4. MODEL BUILDING CODE FOR ELECTRIC VEHICLE SUPPLY EQUIPMENT.

    (a) Development.--The Secretary shall develop a proposal to 
establish or update, as appropriate, 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) Consultation.--In developing the proposal under subsection (a), 
the Secretary shall consult with 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.
    (c) Deadline.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall submit the proposal developed under 
subsection (a) to the American Society of Heating, Refrigerating, and 
Air Conditioning Engineers, the International Code Council, and the 
States for consideration.

SEC. 5. 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) in paragraph (1)--
                            (i) by redesignating subparagraphs (A) 
                        through (C) as clauses (i) through (iii), 
                        respectively, and indenting appropriately;
                            (ii) by striking ``(1) Advanced technology 
                        vehicle.--'' and all that follows through 
                        ``meets--'' and inserting the following:
            ``(1) Advanced technology vehicle.--The term `advanced 
        technology vehicle' means--
                    ``(A) an ultra efficient vehicle;
                    ``(B) a light duty vehicle that meets--'';
                            (iii) by amending subparagraph (B)(iii) (as 
                        so redesignated) to read as follows:
                            ``(iii) the applicable regulatory standards 
                        for emissions of greenhouse gases for model 
                        year 2021 through 2025 vehicles promulgated by 
                        the Administrator of the Environmental 
                        Protection Agency on October 15, 2012 (77 Fed. 
                        Reg. 62624); or''; and
                            (iv) by adding at the end the following:
                    ``(C) a heavy-duty vehicle (including a medium-duty 
                passenger vehicle), as defined in section 86.1803-01 of 
                title 40, Code of Federal Regulations (or successor 
                regulations), that--
                            ``(i) complies early with the applicable 
                        regulatory standards for emissions of 
                        greenhouse gases for model year 2024 vehicles 
                        promulgated by the Administrator on October 25, 
                        2016 (81 Fed. Reg. 73478);
                            ``(ii) complies early with, or 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); or
                            ``(iii) emits zero emissions of greenhouse 
                        gases.'';
                    (B) by striking paragraph (2) and redesignating 
                paragraphs (3) through (5) as paragraphs (2) through 
                (4), respectively; and
                    (C) by amending paragraph (3) (as so redesignated) 
                to read as follows:
            ``(4) Qualifying components.--The term `qualifying 
        components' means components, systems, or groups of subsystems 
        that the Secretary determines to be designed to reduce 
        emissions of greenhouse gases or oxides of nitrogen.'';
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1)--
                            (i) by striking ``automobile manufacturers, 
                        ultra efficient vehicle manufacturers,'' and 
                        inserting ``advanced technology vehicle 
                        manufacturers''; and
                            (ii) by striking ``30 percent'' and 
                        inserting ``50 percent'';
                    (B) in paragraph (1)--
                            (i) in subparagraph (A), by striking 
                        ``qualifying advanced technology vehicles;'' 
                        and inserting ``advanced technology vehicles; 
                        or'';
                            (ii) in subparagraph (B), by striking ``; 
                        or'' and inserting ``; and''; and
                            (iii) by striking subparagraph (C); and
                    (C) in paragraph (2), by striking ``qualifying 
                vehicles, ultra efficient vehicles,'' and inserting 
                ``advanced technology vehicles'';
            (3) in subsection (c), by striking ``2020'' and inserting 
        ``2030'' each place it appears;
            (4) in subsection (g), by inserting ``or medium-duty or 
        heavy-duty vehicles that emit zero greenhouse gas emissions'' 
        after ``ultra efficient vehicles'';
            (5) 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''; and
            (6) in subsection (i), by striking ``2008 through 2012'' 
        and inserting ``2021 through 2030''.

SEC. 6. 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 amended by adding at the end the 
following:
            ``(20) Electric vehicle charging programs.--
                    ``(A) In general.--Each State shall consider--
                            ``(i) authorizing measures to stimulate 
                        investment in and deployment of electric 
                        vehicle supply equipment and to foster the 
                        market for 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 onto the grid and promoting greater 
                        electrification of the transportation sector; 
                        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:
            ``(7)(A) Not later than 1 year after the enactment of this 
        paragraph, each State regulatory authority (with respect to 
        each electric utility for which it has ratemaking authority) 
        and each nonregulated 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 (20) 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 (20) 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 striking ``(19)'' and inserting ``(20)''.
            (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:
    ``(g) Prior State Actions.--Subsections (b) and (c) of this section 
shall not apply to the standard established by paragraph (20) 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.''.
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