[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2948 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 2948

  To direct the Secretary of Energy to establish a rebate program to 
   promote the purchase and installation of electric vehicle supply 
                   equipment, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 30, 2021

  Mr. Tonko introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To direct the Secretary of Energy to establish a rebate program to 
   promote the purchase and installation of electric vehicle supply 
                   equipment, 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 Infrastructure 
Rebate Act of 2021''.

SEC. 2. ELECTRIC VEHICLE SUPPLY EQUIPMENT REBATE PROGRAM.

    (a) Rebate Program.--Not later than January 1, 2022, the Secretary 
shall establish a rebate program to provide rebates for covered 
expenses associated with electric vehicle supply equipment located at 
workplaces, multi-unit housing structures, and publicly accessible 
locations.
    (b) Rebate Program Requirements.--
            (1) Eligible entities.--A rebate under the rebate program 
        may be made to an individual, a State, local, Tribal, or 
        Territorial government, a private entity, a not-for-profit 
        entity, a nonprofit entity, or a metropolitan planning 
        organization.
            (2) Eligible equipment and locations.--
                    (A) In general.--Not later than 180 days after the 
                date of the enactment of this Act, the Secretary shall 
                publish and maintain on the Department of Energy 
                internet website a list of electric vehicle supply 
                equipment that is eligible for the rebate program.
                    (B) Specifications.--The Secretary may determine 
                technical specifications and requirements for electric 
                vehicle supply equipment to be included on the list 
                published under subparagraph (A), to enhance safety, 
                cybersecurity, performance, accessibility, and 
                alignment with relevant codes and standards, as 
                determined appropriate by the Secretary.
                    (C) Updates.--The Secretary may add to, or 
                otherwise revise, the list of electric vehicle supply 
                equipment published under subparagraph (A) if the 
                Secretary determines that such addition or revision 
                will likely lead to--
                            (i) greater usage of electric vehicle 
                        supply equipment;
                            (ii) greater access to electric vehicle 
                        supply equipment by users; or
                            (iii) an improved experience for users or 
                        owners of electric vehicle supply equipment, 
                        including accessibility in compliance with the 
                        Americans with Disabilities Act of 1990 (42 
                        U.S.C. 12101 et seq.).
                    (D) Location requirement.--An eligible entity may 
                receive a rebate under the rebate program only if the 
                electric vehicle supply equipment included on the list 
                published under subparagraph (A) is installed--
                            (i) in the United States;
                            (ii) on property--
                                    (I) owned by the eligible entity 
                                under paragraph (1); or
                                    (II) on which the eligible entity 
                                under paragraph (1) has authority to 
                                install electric vehicle supply 
                                equipment; and
                            (iii) at a location that is--
                                    (I) a multi-unit housing structure;
                                    (II) a workplace, and available to 
                                employees of such workplace or 
                                employees of a nearby workplace; or
                                    (III) publicly accessible, 
                                including a publicly accessible 
                                commercial location.
                    (E) Public accessibility.--For electric vehicle 
                supply equipment not located at a multi-unit housing 
                structure or a workplace, an eligible entity may 
                receive a rebate under the rebate program only if the 
                installed electric vehicle supply equipment is--
                            (i) publicly accessible for a minimum of 12 
                        hours per day at least 5 days per week; and
                            (ii) networked or otherwise capable of 
                        being monitored remotely.
            (3) Application.--
                    (A) In general.--An eligible entity under paragraph 
                (1) may submit to the Secretary an application for a 
                rebate under the rebate program. Such application shall 
                include--
                            (i) the estimated cost of covered expenses 
                        to be expended on the electric vehicle supply 
                        equipment that is eligible under paragraph (2);
                            (ii) the estimated installation cost of the 
                        electric vehicle supply equipment that is 
                        eligible under paragraph (2);
                            (iii) the global positioning system 
                        location, including the integer number of 
                        degrees, minutes, and seconds, where such 
                        electric vehicle supply equipment is to be 
                        installed, and identification of whether such 
                        location is--
                                    (I) a multi-unit housing structure;
                                    (II) a workplace; or
                                    (III) publicly accessible, 
                                including a publicly accessible 
                                commercial location, in accordance with 
                                paragraph (2)(E);
                            (iv) the technical specifications of such 
                        electric vehicle supply equipment, including 
                        the maximum power voltage and amperage of such 
                        equipment;
                            (v) an assessment of the electrical 
                        capacity at the location where such electric 
                        vehicle supply equipment is to be installed, 
                        and, as necessary, proof of communication with 
                        the electric utility that will serve the 
                        electric vehicle supply equipment to be 
                        installed; and
                            (vi) any other information determined by 
                        the Secretary to be necessary for a complete 
                        application.
                    (B) Review process.--The Secretary shall review an 
                application for a rebate under the rebate program and 
                approve an eligible entity under paragraph (1) to 
                receive such rebate if the application meets the 
                requirements of the rebate program under this 
                subsection.
                    (C) Notification to eligible entity.--Not later 
                than 180 days after the date on which the eligible 
                entity under paragraph (1) applies for a rebate under 
                the rebate program, the Secretary shall notify the 
                eligible entity whether the eligible entity will be 
                awarded a rebate under the rebate program following the 
                submission of additional materials required under 
                paragraph (6).
                    (D) Timing.--The Secretary may award a rebate under 
                the rebate program if the eligible entity under 
                paragraph (1) begins installation of the applicable 
                electric vehicle supply equipment after submitting an 
                application for the rebate but before the Secretary 
                approves the application.
            (4) Funding set-asides.--Each fiscal year, the Secretary 
        may set aside an amount of funding under the rebate program to 
        ensure, to the extent possible given the applications meeting 
        the requirements of the rebate program submitted, rebates are 
        distributed--
                    (A) to individuals and small businesses, as 
                determined by the Secretary; and
                    (B) for electric vehicle supply equipment--
                            (i) located in rural communities, as 
                        determined by the Secretary; and
                            (ii) located in low-income and 
                        disadvantaged communities, as determined by the 
                        Secretary.
            (5) Rebate amount.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the amount of a rebate made under the rebate 
                program for each new charging unit at a location shall 
                be the lesser of--
                            (i) 75 percent of the applicable covered 
                        expenses;
                            (ii) $1,000 for covered expenses associated 
                        with the purchase and installation of non-
                        networked level 2 charging equipment;
                            (iii) $4,000 for covered expenses 
                        associated with the purchase and installation 
                        of networked level 2 charging equipment; or
                            (iv) $100,000 for covered expenses 
                        associated with the purchase and installation 
                        of networked direct current fast charging 
                        equipment.
                    (B) Rebate amount for replacement equipment.--A 
                rebate made under the rebate program for replacement of 
                pre-existing electric vehicle supply equipment of 
                similar specifications at a location shall be the 
                lesser of--
                            (i) 75 percent of the applicable covered 
                        expenses;
                            (ii) $500 for covered expenses associated 
                        with the purchase and installation of non-
                        networked level 2 charging equipment;
                            (iii) $2,000 for covered expenses 
                        associated with the purchase and installation 
                        of networked level 2 charging equipment; or
                            (iv) $35,000 for covered expenses 
                        associated with the purchase and installation 
                        of networked direct current fast charging 
                        equipment.
            (6) Disbursement of rebate.--
                    (A) In general.--The Secretary shall disburse a 
                rebate under the rebate program to an eligible entity 
                under paragraph (1) as quickly as feasible following 
                approval of an application under paragraph (3) and 
                submission of the materials required under subparagraph 
                (B).
                    (B) Materials required for disbursement of 
                rebate.--Not later than one year after the date on 
                which the eligible entity under paragraph (1) receives 
                notice under paragraph (3)(C) that the eligible entity 
                has been approved for a rebate, such eligible entity 
                shall submit to the Secretary the following--
                            (i) a record of payment for covered 
                        expenses expended on the installation of the 
                        electric vehicle supply equipment that is 
                        eligible under paragraph (2);
                            (ii) a record of payment for the electric 
                        vehicle supply equipment that is eligible under 
                        paragraph (2);
                            (iii) the global positioning system 
                        location of where such electric vehicle supply 
                        equipment was installed and identification of 
                        whether such location is--
                                    (I) a multi-unit housing structure;
                                    (II) a workplace; or
                                    (III) publicly accessible, 
                                including a publicly accessible 
                                commercial location, in accordance with 
                                paragraph (2)(E);
                            (iv) the technical specifications of the 
                        electric vehicle supply equipment that is 
                        eligible under paragraph (2), including the 
                        maximum power voltage and amperage of such 
                        equipment; and
                            (v) any other information determined by the 
                        Secretary to be necessary.
                    (C) Agreement to maintain.--To be eligible for a 
                rebate under the rebate program, an eligible entity 
                under paragraph (1) shall enter into an agreement with 
                the Secretary to maintain the electric vehicle supply 
                equipment that is eligible under paragraph (2) in a 
                satisfactory manner for not fewer than 5 years after 
                the date on which the eligible entity under paragraph 
                (1) receives the rebate under the rebate program.
                    (D) Agreement to publish operating status.--To be 
                eligible for a rebate under the rebate program for 
                electric vehicle supply equipment located at a publicly 
                accessible location, an eligible entity under paragraph 
                (1) shall enter into an agreement with the Secretary to 
                make the operating status, geographic location, hours 
                of operation, and technical specifications of the 
                electric vehicle supply equipment available on the 
                internet and updated on a regular basis, as determined 
                appropriate by the Secretary.
                    (E) Exception.--The Secretary may decline to 
                disburse a rebate under the rebate program if materials 
                submitted under subparagraph (B) vary significantly, as 
                determined by the Secretary, from the global 
                positioning system location and technical 
                specifications for the electric vehicle supply 
                equipment that is eligible under paragraph (2) provided 
                in an application under paragraph (3).
            (7) Multi-port chargers.--An eligible entity under 
        paragraph (1) shall be awarded a rebate under the rebate 
        program for covered expenses relating to the purchase and 
        installation of a multi-port charger based on the number of 
        publicly accessible charging ports, with each subsequent port 
        after the first port being eligible for 75 percent of the full 
        rebate amount.
            (8) Hydrogen fuel cell refueling equipment.--Hydrogen 
        refueling equipment shall be eligible for a rebate under the 
        rebate program as though it were networked direct current fast 
        charging equipment, and all applicable requirements related to 
        such equipment shall apply.
            (9) Networked direct current fast charging.--Of amounts 
        appropriated to carry out the rebate program through fiscal 
        year 2025, not more than 40 percent may be used for rebates of 
        networked direct current fast charging equipment or hydrogen 
        refueling equipment. Beginning after fiscal year 2025, the 
        Secretary, after providing public notice and an opportunity for 
        public comment, may adjust the percentage of amounts 
        appropriated to be used for networked direct current fast 
        charging equipment or hydrogen refueling equipment to account 
        for--
                    (A) changes in consumer charging habits and other 
                market trends;
                    (B) technology development and cost reductions;
                    (C) the need for such equipment in a diverse 
                distribution of workplaces, multi-unit housing 
                structures, and publicly accessible locations to meet 
                consumers' needs;
                    (D) an equitable distribution of such equipment in 
                rural communities and low-income and disadvantaged 
                communities; and
                    (E) other factors determined appropriate by the 
                Secretary.
            (10) Report.--Not later than 3 years after the first date 
        on which the Secretary awards a rebate under the rebate 
        program, the Secretary shall submit to the Committee on Energy 
        and Commerce of the House of Representatives and the Committee 
        on Energy and Natural Resources of the Senate a report of the 
        number of rebates awarded for electric vehicle supply equipment 
        and hydrogen fuel cell refueling equipment in each of the 
        location categories described in paragraph (2)(D)(iii).
    (c) Definitions.--In this section:
            (1) Covered expenses.--The term ``covered expenses'' means 
        an expense that is associated with the purchase and 
        installation of electric vehicle supply equipment, including--
                    (A) the cost of electric vehicle supply equipment;
                    (B) labor costs associated with the installation of 
                such electric vehicle supply equipment, only if wages 
                for such labor are paid at rates not less than those 
                prevailing on similar labor in the locality of 
                installation, as determined by the Secretary of Labor 
                under subchapter IV of chapter 31 of title 40, United 
                States Code (commonly referred to as the ``Davis-Bacon 
                Act'');
                    (C) material costs associated with the installation 
                of such electric vehicle supply equipment, including 
                expenses borne by rebate recipients for electrical 
                equipment and necessary upgrades or modifications to 
                the electrical grid and associated infrastructure 
                required for the installation of such electric vehicle 
                supply equipment;
                    (D) permit costs associated with the installation 
                of such electric vehicle supply equipment; and
                    (E) the cost of an on-site energy storage system 
                that supports electrical load balancing or otherwise 
                improves the performance of such electric vehicle 
                supply equipment.
            (2) Electric vehicle.--The term ``electric vehicle'' means 
        a vehicle that derives all or part of its power from 
        electricity.
            (3) Electric vehicle supply equipment.--The term ``electric 
        vehicle supply equipment'' means any conductors, including 
        ungrounded, grounded, and equipment grounding conductors, 
        electric vehicle connectors, attachment plugs, and all other 
        fittings, devices, power outlets, electrical equipment, or 
        apparatuses installed specifically for the purpose of 
        delivering energy to an electric vehicle or to a battery 
        intended to be used in an electric vehicle.
            (4) Level 2 charging equipment.--The term ``level 2 
        charging equipment'' means electric vehicle supply equipment 
        that provides an alternating current power source at a minimum 
        of 208 volts.
            (5) Multi-port charger.--The term ``multi-port charger'' 
        means electric vehicle charging unit capable of charging more 
        than one electric vehicle simultaneously.
            (6) Networked direct current fast charging equipment.--The 
        term ``networked direct current fast charging equipment'' means 
        electric vehicle supply equipment that is capable of providing 
        a direct current power source at a minimum of 50 kilowatts and 
        is enabled to connect to a network to facilitate data 
        collection and access.
            (7) Rebate program.--The term ``rebate program'' means the 
        rebate program established under subsection (a).
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section--
            (1) $75,000,000 for each of fiscal years 2022 and 2023;
            (2) $100,000,000 for fiscal year 2024; and
            (3) $125,000,000 for each of fiscal years 2025 and 2026.
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