[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5770 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 5770

To establish a national network of electric vehicle charging stations, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 6, 2020

 Mr. Levin of Michigan (for himself and Ms. Ocasio-Cortez) 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 establish a national network of electric vehicle charging stations, 
                        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 ``Electric Vehicle Freedom Act'' or 
the ``EV Freedom Act''.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) Electric vehicles will play an important role in 
        transitioning to a cleaner transportation system that protects 
        Americans' health and our planet. According to the United 
        States Department of Energy, electric vehicles ``produce fewer 
        emissions that contribute to climate change and smog than 
        conventional vehicles.''
            (2) Electric vehicles are becoming more popular among 
        American consumers. United States sales of electric vehicles 
        increased 27 percent between 2016 and 2017, and 81 percent 
        between 2017 and 2018.
            (3) Access to electric vehicle charging stations is 
        currently insufficient to meet consumer demand. According to 
        the National Renewable Energy Laboratory, ``two key areas of 
        needed improvement in actual vehicle charging are speed 
        (reducing battery charging times) and coverage (having adequate 
        and accessible charging stations)''.
            (4) Demand for publicly accessible electric vehicle 
        chargers is projected to grow. At the end of 2017, there were 
        an estimated 17,000 electric vehicle direct current fast 
        charging stations with 55,000 electric vehicle direct current 
        fast charging plugs available in the United States. Estimates 
        by the National Renewable Energy Laboratory suggest that, by 
        2050, between 106,000 and 138,000 stations with 343,000 and 
        447,000 plugs could be needed to meet consumer demand.
            (5) Failure to expand access to publicly accessible 
        electric vehicle chargers will prevent the wider adoption of 
        electric vehicles and, therefore, hinder progress towards a 
        more sustainable transportation system. According to a study 
        produced by the Michigan Energy Office and Michigan State 
        University, ``limited charging infrastructure for electric 
        vehicles has been one of the main barriers in adopting these 
        vehicles''.
            (6) Expediting the wider adoption of electric vehicles will 
        require considerable changes to consumer behavior, which will 
        not be possible without the creation of necessary 
        infrastructure. According to a study produced by the 
        Transportation Research Board and National Research Council, 
        ``adoption and diffusion of new innovations can be a long-term, 
        complicated process that is especially slow for products that 
        cost tens of thousands of dollars and where consumers have 
        questions about infrastructure availability, resale value, and 
        other variables'', and ``a perception of a lack of public 
        charging infrastructure might hinder [plug-in electric vehicle] 
        deployment.'' Thus, greatly expanding access to publicly 
        accessible electric vehicle chargers will be essential to 
        changing consumer behavior radically and, accordingly, 
        accelerating the wider adoption of electric vehicles.
    (b) Purpose.--The purpose of this Act is to establish a network of 
electric vehicle charging stations along eligible roads so that the 
United States may lead the world in protecting the environment while 
improving consumer experiences. The implementation of this Act will 
encourage the widespread adoption of light-, medium-, and heavy-duty 
electric vehicles by--
            (1) eliminating ``range anxiety'';
            (2) allowing drivers to charge vehicles more quickly; and
            (3) ensuring that vehicle charging is equitably accessible 
        and reasonably priced, enabling long-distance travel along 
        eligible roads.
    (c) Definitions.--In this Act:
            (1) Eligible road.--The term ``eligible road'' means a road 
        that--
                    (A) is part of the National Highway System (as such 
                term is defined in section 101 of title 23, United 
                States Code); and
                    (B) is a public road (as such term is defined in 
                section 101 of title 23, United States Code).
            (2) Publicly available evse.--
                    (A) In general.--The term ``publicly available 
                EVSE'' means electric vehicle supply equipment and any 
                associated parking spaces designated by the property 
                owner or lessee to be available to, and accessible by, 
                the public for any period of time, including electric 
                vehicle supply equipment and associated parking spaces 
                located in garages or gated facilities if any member of 
                the public can obtain vehicular access to the facility 
                for free or through payment of a fee.
                    (B) Exclusion.--The term ``publicly available 
                EVSE'' does not include electric vehicle supply 
                equipment and any associated parking spaces in a 
                workplace if the electric vehicle supply equipment and 
                associated parking spaces are clearly marked and 
                operated as available exclusively to employees or 
                contracted drivers.
            (3) Renewable energy source.--The term ``renewable energy 
        source'' means a renewable source of generated energy, 
        including the following:
                    (A) Solar, including electricity.
                    (B) Wind.
                    (C) Ocean, including tidal, wave, current, and 
                thermal.
                    (D) Geothermal, including electricity and heat 
                pumps.
                    (E) New hydroelectric generation capacity achieved 
                from increased efficiency or additions of new capacity 
                at an existing hydroelectric project after January 1, 
                1999.

SEC. 3. NATIONAL NETWORK OF ELECTRIC VEHICLE CHARGING STATIONS ALONG 
              ELIGIBLE ROADS.

    (a) Plan.--The Secretary of Transportation, in coordination with 
the Secretary of Energy, shall devise a plan to create a network of 
publicly available EVSE along eligible roads.
    (b) Submission.--Not later than 3 years after the date of enactment 
of this Act, the Secretary of Transportation and the Secretary of 
Energy shall submit the plan to the Speaker of the House of 
Representatives, the Minority Leader of the House of Representatives, 
the Majority Leader of the Senate, the Minority Leader of the Senate, 
and the Chairs and Ranking Members of--
            (1) the Committee on Transportation and Infrastructure of 
        the House of Representatives;
            (2) the Committee on Environment and Public Works of the 
        Senate;
            (3) the Committee on Energy and Commerce of the House of 
        Representatives;
            (4) the Committee on Energy and Natural Resources of the 
        Senate;
            (5) the Subcommittee on Transportation, Housing and Urban 
        Development, and Related Agencies of the Committee on 
        Appropriations of the House of Representatives;
            (6) the Subcommittee on Transportation, Housing and Urban 
        Development, and Related Agencies of the Committee on 
        Appropriations of the Senate;
            (7) the Subcommittee on Energy and Water Development, and 
        Related Agencies of the Committee on Appropriations of the 
        House of Representatives; and
            (8) the Subcommittee on Energy and Water Development of the 
        Committee on Appropriations of the Senate.
    (c) Considerations.--The Secretary of Transportation and the 
Secretary of Energy shall consider the following in developing the 
plan:
            (1) The distance between publicly available EVSE locations.
            (2) Connections to the electric grid, including electric 
        distribution upgrades that account for charging during peaking 
        periods, and plans for the use of renewable energy sources to 
        power charging and energy storage.
            (3) The ability to incorporate technologies not yet 
        invented or technically feasible, or infrastructure that can 
        allow the addition of new capabilities and functionalities as 
        they become available.
            (4) The number of charging stations at each publicly 
        available EVSE location, accounting for dense corridors where 
        multiple stations or a greater number of charging ports at the 
        location are necessary and for rural corridors where special 
        considerations will need to be made for less dense corridors 
        that will still require publicly available EVSE placement.
            (5) The placement of publicly available EVSE within parking 
        facilities and other locations, including recommendations for 
        promoting efficient dwell times based on best practices.
            (6) The availability of onsite amenities for vehicle 
        operators, including restrooms or food facilities.
            (7) The long-term operation and maintenance of publicly 
        available EVSE, including consideration of the need for 
        expanded capacity resulting from increasing demand into the 
        future, to avoid stranded assets and protect the investment of 
        public funds in that infrastructure.
            (8) A maximum distance for publicly available EVSE 
        placement off of eligible roads.
            (9) Existing private as well as national, State, local, 
        Tribal, and territorial government electric charging 
        infrastructure incentives and programs, including alternative 
        fueling corridor networks.
            (10) Pricing guidelines that enable operators of publicly 
        available EVSE to allow free charging or impose a fee for 
        charging, promoting a consistent, reliable consumer charging 
        and payment experience.
            (11) Publicly available EVSE 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, people with disabilities, or 
        youth.
    (d) Consultations.--In developing the plan, the Secretary of 
Transportation and the Secretary of Energy shall consult with 
stakeholders, including the following:
            (1) Federal partners, including the Secretary of the 
        Interior and the Administrator of the Environmental Protection 
        Agency.
            (2) State, local, Tribal, and territorial governments, 
        including State air quality and utility regulators.
            (3) Metropolitan planning organizations.
            (4) Unionized labor groups.
            (5) Environmental and environmental justice organizations.
            (6) Automobile and truck manufacturers.
            (7) Electric utilities.
            (8) Infrastructure providers.
            (9) Technology providers.
            (10) Software and network services providers.
            (11) Infrastructure construction and component parts 
        suppliers.
            (12) Multi-State and regional entities.
            (13) Fuel station owners and operators.
            (14) Fleet owners.
            (15) Fleet managers.

SEC. 4. TRANSPORTATION RESEARCH BOARD REPORT ON FINANCING THE PLACEMENT 
              OF ELECTRIC VEHICLE CHARGERS.

    (a) In General.--The Secretary of Transportation shall commission 
the Transportation Research Board of the National Academy of Sciences 
to conduct a study on options for financing the placement of publicly 
available EVSE along eligible roads that includes consideration of 
financial instruments and optimization of public-private partnerships.
    (b) Deadline.--The Secretary shall submit to Congress the study 
commissioned under subsection (a) not later than 2 years after the date 
of enactment of this Act.

SEC. 5. ESTABLISHMENT OF NETWORK OF ELECTRIC VEHICLE CHARGERS ALONG 
              ELIGIBLE ROADS.

    (a) Plan Implementation.--Not later than 5 years after the date of 
enactment of this Act, using the plan developed pursuant to section 3 
and the recommendations in the report described in section 4, the 
Secretary of Transportation and the Secretary of Energy shall complete 
the establishment of a national network of publicly available EVSE.
    (b) Grant Program.--
            (1) Establishment.--Not later than 3 years after the date 
        of enactment of this Act, the Secretary of Transportation in 
        coordination with the Secretary of Energy shall establish a 
        competitive grant program to award grants to eligible entities 
        to implement the plan developed in section 3 of this Act.
            (2) Applications.--To be eligible to receive a grant under 
        this subsection, an eligible entity shall submit to the 
        Secretary of Transportation and the Secretary of Energy an 
        application at such time, in such manner, and containing such 
        information as the Secretary of Transportation and the 
        Secretary of Energy shall require.
            (3) Priority.--In selecting grant recipients, the Secretary 
        of Transportation and the Secretary of Energy shall give 
        priority to applications consistent with the plan developed 
        pursuant to section 3 of this Act.
            (4) Use of funds.--An 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 available EVSE that is directly 
        related to the charging of light-, medium-, and heavy-duty 
        vehicles.
            (5) Eligible entity defined.--In this subsection, the term 
        ``eligible entity'' means--
                    (A) a State;
                    (B) a unit of local government;
                    (C) a transit agency;
                    (D) a port authority;
                    (E) an Indian tribe (as such term is defined in 
                section 4 of the Indian Self-Determination and 
                Education Assistance Act (25 U.S.C. 5304));
                    (F) a for-profit business enterprise or non-profit 
                organization; and
                    (G) a group of entities described in subparagraphs 
                (A) through (F).
    (c) Requirements.--The following requirements apply with respect to 
the construction of new publicily available EVSE along eligible roads:
            (1) Charging infrastructure placement.--The distance 
        between publicly available EVSE shall be such that--
                    (A) a driver starting at any point along an 
                eligible road in the continental United States can 
                drive to any other point along an eligible road within 
                the continental United States without running out of 
                charging power; and
                    (B) a driver starting at any point along an 
                eligible road within Hawaii, Alaska, or Puerto Rico can 
                drive to any other point along an eligible within that 
                same State or territory without running out of charging 
                power.
            (2) Charging speed.--
                    (A) In general.--Charging speed minimum standards 
                shall be set by the Secretary of Transportation and the 
                Secretary of Energy and evaluated every 2 years until 
                the feasible speed of charging standard meets or 
                exceeds the equivalency of average internal combustion 
                vehicle refueling times.
                    (B) Update.--The Secretary of Transportation and 
                the Secretary of Energy may update the minimum 
                standards set under subparagraph (1) after an 
                evaluation described in such subparagraph.
            (3) Interoperability.--Federal funds provided by this Act 
        may not be used to construct any publicly available EVSE that 
        has the ability to serve vehicle produced by only one vehicle 
        manufacturer.
            (4) Payment methods.--Payment methods are implemented that 
        ensure secure, convenient, fair, and equal access, including 
        with credit card readers and the display of toll-free calling 
        information for credit card payment or support, as well as the 
        protection of personal privacy and cybersecurity.
            (5) Provision of information.--Information on publicly 
        available EVSE location, station operator contact information, 
        number of simultaneous refueling positions, and real-time 
        availability shall be made publicly available and easily 
        accessible.
            (6) ADA.--Publicly available EVSE shall be accessible in 
        compliance with the Americans with Disabilities Act of 1990 (42 
        U.S.C. 12101 et seq.).
            (7) Buy america and wage requirements.--
                    (A) Buy america.--The construction of publicly 
                available EVSE shall prioritize the need for high 
                domestic content by observing the following Buy America 
                provisions:
                            (i) None of the funds appropriated or 
                        otherwise made available by this Act may be 
                        used for a project for the construction, 
                        alteration, maintenance, or repair of publicly 
                        available EVSE unless all of the iron, steel, 
                        and manufactured goods used in the project are 
                        produced in the United States.
                            (ii) Clause (i) shall not apply in any case 
                        or category of cases in which the head of the 
                        Federal department or agency involved finds 
                        that--
                                    (I) applying clause (i) would be 
                                inconsistent with the public interest;
                                    (II) iron, steel, and the relevant 
                                manufactured goods are not produced in 
                                the United States in sufficient and 
                                reasonably available quantities and of 
                                a satisfactory quality; or
                                    (III) inclusion of iron, steel, and 
                                manufactured goods produced in the 
                                United States will increase the cost of 
                                an overall project by more than 25 
                                percent.
                            (iii) If the head of a Federal department 
                        or agency determines that it is necessary to 
                        waive the application of this subparagraph 
                        based on a finding under subparagraph (B), the 
                        head of the department or agency shall publish 
                        in the Federal Register a detailed written 
                        justification as to why the provision is being 
                        waived.
                            (iv) This paragraph shall be applied in a 
                        manner consistent with United States 
                        obligations under international agreements.
                    (B) Wage rate requirement.--The Secretary of 
                Transportation and the Secretary of Energy shall 
                require that each recipient of support under this 
                section provide reasonable assurance that all laborers 
                and mechanics employed in the performance of the 
                project for which the assistance is provided, including 
                those employed by contractors or subcontractors, will 
                be paid wages at rates not less than those prevailing 
                on similar work in the locality as determined by the 
                Secretary of Labor in accordance with subchapter IV of 
                chapter 31 of part A of subtitle II of title 40, United 
                States Code (commonly referred to as the ``Davis-Bacon 
                Act'').

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated--
            (1) for carrying out section 3, such sums as may be 
        necessary, to be available until expended;
            (2) for carrying out section 4, such sums as may be 
        necessary, to be available until expended; and
            (3) for carrying out section 5, such sums as may be 
        necessary, to be available until expended.
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