[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 674 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                 S. 674

To amend title 23, United States Code, to establish a grant program for 
   the installation of electric vehicle charging infrastructure and 
hydrogen fueling infrastructure along the National Highway System, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 6, 2019

  Mr. Carper introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To amend title 23, United States Code, to establish a grant program for 
   the installation of electric vehicle charging infrastructure and 
hydrogen fueling infrastructure along the National Highway System, 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 ``Clean Corridors Act of 2019''.

SEC. 2. GRANTS FOR CHARGING AND FUELING INFRASTRUCTURE TO MODERNIZE AND 
              RECONNECT AMERICA FOR THE 21ST CENTURY.

    (a) Purpose; Findings.--
            (1) Purpose.--The purpose of this section is to establish a 
        grant program to strategically deploy electric vehicle charging 
        infrastructure and hydrogen fueling infrastructure along 
        designated alternative fuel corridors that will be accessible 
        to all drivers of zero emission vehicles.
            (2) Findings.--Congress finds that--
                    (A) greater adoption of zero emission vehicles will 
                help--
                            (i) reduce emissions and improve air 
                        quality;
                            (ii) enhance the energy security of the 
                        United States by expanding the use of zero 
                        emission fuels;
                            (iii) enhance fuel choice and utilization 
                        of electric vehicle charging infrastructure and 
                        hydrogen fueling infrastructure in order to 
                        benefit consumers;
                            (iv) ensure that the transportation 
                        infrastructure of the United States is equipped 
                        to manage the demands and anticipated future 
                        needs of the economy; and
                            (v) develop a new economic sector in the 
                        United States that will create middle class 
                        jobs;
                    (B) consumer and business adoption of zero emission 
                vehicles depends in part on the availability of 
                reliable and convenient fueling and charging 
                infrastructure;
                    (C) electric vehicle charging infrastructure and 
                hydrogen fueling infrastructure must be strategically 
                deployed to ensure the deployment and adoption of zero 
                emission fuels; and
                    (D) infrastructure owners and operators should 
                prepare to meet the charging and fueling needs of 
                electric vehicles and hydrogen vehicles.
    (b) Grant Program.--Section 151 of title 23, United States Code, is 
amended--
            (1) 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'';
            (2) in subsection (b)(2), by inserting ``previously 
        designated by the Federal Highway Administration or'' before 
        ``designated by'';
            (3) in subsection (d)--
                    (A) 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 Clean Corridors 
                Act of 2019,''; and
                    (B) by inserting ``establish a recurring process to 
                regularly'' before ``update'';
            (4) in subsection (e)--
                    (A) in paragraph (1), by striking ``and'' at the 
                end;
                    (B) in paragraph (2)--
                            (i) 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
                            (ii) by striking ``by the end of fiscal 
                        year 2020.'' and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(3) summarizes best practices and provides guidance, 
        developed through consultation with the Secretary of Energy, 
        for project development of electric vehicle charging 
        infrastructure and hydrogen fueling infrastructure at the 
        State, Tribal, and local level to allow for the predictable 
        deployment of that infrastructure.''; and
            (5) by adding at the end the following:
    ``(f) Grant Program.--
            ``(1) Establishment.--Not later than 1 year after the date 
        of enactment of the Clean Corridors 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).
            ``(2) Eligible entities.--An entity eligible to receive a 
        grant under this subsection is--
                    ``(A) a State or political subdivision of a State;
                    ``(B) a metropolitan planning organization;
                    ``(C) a unit of local government;
                    ``(D) a special purpose district or public 
                authority with a transportation function, including a 
                port authority;
                    ``(E) an Indian tribe (as defined in section 4 of 
                the Indian Self-Determination and Education Assistance 
                Act (25 U.S.C. 5304));
                    ``(F) an authority, agency, or instrumentality of, 
                or an entity owned by, 1 or more entities described in 
                subparagraphs (A) through (E); or
                    ``(G) a group of entities described in 
                subparagraphs (A) through (F).
            ``(3) Applications.--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--
                    ``(A) public accessibility of charging or fueling 
                infrastructure proposed to be funded with a grant under 
                this subsection, including--
                            ``(i) charging or fueling connector types 
                        and publicly available information on real-time 
                        availability; and
                            ``(ii) payment methods to ensure secure, 
                        convenient, fair, and equal access;
                    ``(B) collaborative engagement with stakeholders 
                (including automobile manufacturers, utilities, 
                infrastructure providers, technology providers, zero 
                emission 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)--
                            ``(i) to foster enhanced, coordinated, 
                        public-private or private investment in 
                        electric vehicle charging infrastructure and 
                        hydrogen fueling infrastructure;
                            ``(ii) to expand deployment of electric 
                        vehicle charging infrastructure and hydrogen 
                        fueling infrastructure;
                            ``(iii) to protect personal privacy and 
                        ensure cybersecurity; and
                            ``(iv) to ensure that a properly trained 
                        workforce is available to construct and install 
                        electric vehicle charging infrastructure and 
                        hydrogen fueling infrastructure;
                    ``(C) the location of the station or fueling site, 
                such as consideration of--
                            ``(i) the availability of onsite amenities 
                        for vehicle operators, such as restrooms or 
                        food facilities;
                            ``(ii) access in compliance with the 
                        Americans with Disabilities Act of 1990 (42 
                        U.S.C. 12101 et seq.); and
                            ``(iii) height and fueling capacity 
                        requirements for facilities that charge or 
                        refuel large vehicles, such as semi-trailer 
                        trucks;
                    ``(D) infrastructure installation that can be 
                responsive to technology advancements, such as 
                accommodating autonomous vehicles and future charging 
                methods; and
                    ``(E) the long-term operation and maintenance of 
                the electric vehicle charging infrastructure and 
                hydrogen fueling infrastructure, to avoid stranded 
                assets and protect the investment of public funds in 
                that infrastructure.
            ``(4) Considerations.--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--
                    ``(A) improve alternative fueling corridor networks 
                by--
                            ``(i) converting corridor-pending corridors 
                        to corridor-ready corridors; or
                            ``(ii) in the case of corridor-ready 
                        corridors, providing redundancy--
                                    ``(I) to meet excess demand for 
                                charging and fueling infrastructure; or
                                    ``(II) to reduce congestion at 
                                existing charging and fueling 
                                infrastructure in high-traffic 
                                locations;
                    ``(B) meet current or anticipated market demands 
                for charging or fueling infrastructure;
                    ``(C) enable or accelerate the construction of 
                charging or fueling infrastructure that would be 
                unlikely to be completed without Federal assistance; 
                and
                    ``(D) support a long-term competitive market for 
                electric vehicle charging and hydrogen fueling 
                infrastructure.
            ``(5) Use of funds.--
                    ``(A) In general.--An eligible entity receiving a 
                grant under this subsection shall only use the funds to 
                contract with a private entity for acquisition and 
                installation of publicly accessible electric vehicle 
                charging infrastructure and hydrogen fueling 
                infrastructure that is directly related to the charging 
                or fueling of a vehicle in accordance with this 
                paragraph.
                    ``(B) Location of infrastructure.--Any electric 
                vehicle charging infrastructure or hydrogen fueling 
                infrastructure acquired and installed with a grant 
                under this subsection shall be located along an 
                alternative fuel corridor designated--
                            ``(i) under this section, on the condition 
                        that any affected Indian tribes are consulted 
                        before the designation; or
                            ``(ii) 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.
                    ``(C) Operating assistance.--
                            ``(i) In general.--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 and hydrogen 
                        fueling infrastructure while the facility 
                        transitions to independent system operations.
                            ``(ii) Inclusions.--Operating assistance 
                        under this subparagraph shall be limited to 
                        costs allocable to operating and maintaining 
                        the electric vehicle charging infrastructure 
                        and hydrogen fueling infrastructure and 
                        service, including costs associated with labor, 
                        marketing, and administrative costs.
                            ``(iii) Limitation.--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 and 
                        hydrogen fueling infrastructure.
                    ``(D) Signs.--
                            ``(i) In general.--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--
                                    ``(I) traffic control devices 
                                located in the right-of-way to provide 
                                directional information to electric 
                                vehicle charging infrastructure and 
                                hydrogen fueling infrastructure 
                                acquired, installed, or operated with 
                                the grant; and
                                    ``(II) on-premises signs to provide 
                                information about electric vehicle 
                                charging infrastructure and hydrogen 
                                fueling infrastructure acquired, 
                                installed, or operated with a grant 
                                under this subsection.
                            ``(ii) Applicability.--Clause (i) shall 
                        apply only to an eligible entity that--
                                    ``(I) receives a grant under this 
                                subsection; and
                                    ``(II) is using that grant for the 
                                acquisition and installation of 
                                publicly accessible electric vehicle 
                                charging infrastructure and hydrogen 
                                fueling infrastructure.
                            ``(iii) Limitation on amount.--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.
                            ``(iv) No new authority created.--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.
            ``(6) Project requirements.--
                    ``(A) In general.--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.
                    ``(B) Signs.--Any traffic control device or on-
                premises sign acquired, installed, or operated with a 
                grant under this subsection shall comply with--
                            ``(i) the Manual on Uniform Traffic Control 
                        Devices, if located in the right-of-way; and
                            ``(ii) other provisions of Federal, State, 
                        and local law, as applicable.
            ``(7) Federal share.--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.
            ``(8) Funding.--There is authorized to be appropriated to 
        carry out this subsection $300,000,000 for each of fiscal years 
        2019 through 2028.''.
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