[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1866 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1866

To require the Secretary of Transportation to establish a grant program 
       to increase the availability of electric vehicle charging 
  infrastructure in environmental justice communities, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 26, 2021

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

_______________________________________________________________________

                                 A BILL


 
To require the Secretary of Transportation to establish a grant program 
       to increase the availability of electric vehicle charging 
  infrastructure in environmental justice communities, 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 ``Community Vehicle Charging Act of 
2021''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the transportation sector is the highest emitting 
        sector of greenhouse gases in the United States;
            (2) transportation is a significant source of toxic air 
        pollutants;
            (3) electrification is considered 1 of the most feasible 
        and affordable opportunities to decarbonize transportation in 
        the near-term, and thus reduce pollutants harmful to public 
        health;
            (4) the adoption of electric vehicles is dependent on 
        adequate access to electric vehicle charging infrastructure;
            (5) publicly available electric vehicle charging 
        infrastructure has been distributed inequitably, and not all 
        people of the United States have the ability to access electric 
        vehicle charging infrastructure at home or at work;
            (6) range anxiety and a lack of access to electric vehicle 
        charging infrastructure are significant barriers to the 
        widespread adoption of electric vehicles;
            (7) access to electric vehicle charging infrastructure 
        differs from proximity to electric vehicle charging 
        infrastructure;
            (8) environmental justice communities face several barriers 
        to accessing electric vehicles, electric vehicle charging 
        infrastructure, and funding programs to install electric 
        vehicle charging infrastructure, including--
                    (A) the high cost of, and a lack of knowledge 
                about, electric vehicles;
                    (B) the high cost of--
                            (i) level 2 electric vehicle charging 
                        infrastructure; and
                            (ii) fast charging electric vehicle 
                        charging infrastructure;
                    (C) a lack of awareness of the availability of--
                            (i) electric vehicle charging 
                        infrastructure; and
                            (ii) funding programs to install electric 
                        vehicle charging infrastructure;
                    (D) a lack of technical support and up-front 
                funding for the installation of electric vehicle 
                charging infrastructure;
                    (E) a low level of homeownership in environmental 
                justice communities;
                    (F) the high percentage of individuals and families 
                in environmental justice communities who reside in 
                multi-unit dwellings;
                    (G) linguistic isolation; and
                    (H) the short timelines for electric vehicle 
                charging infrastructure projects; and
            (9) effective programs for environmental justice 
        communities to access electric vehicle charging infrastructure 
        and funding programs for the installation of electric vehicle 
        charging infrastructure need to be targeted to overcome the 
        barriers described in paragraph (8).

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Community benefit agreement.--The term ``community 
        benefit agreement'' means a contract between 1 or more 
        community-based organizations representing residents of an 
        environmental justice community and an eligible entity carrying 
        out an eligible project to ensure that the eligible project 
        creates--
                    (A) employment opportunities for local workers in 
                the environmental justice community; and
                    (B) other opportunities or benefits for the 
                residents of the environmental justice community.
            (2) Electric vehicle.--The term ``electric vehicle'' means 
        a vehicle that is powered primarily by an electric motor 
        drawing current from rechargeable batteries, including battery 
        electric vehicles and plug-in hybrid vehicles.
            (3) Electric vehicle make-ready infrastructure.--The term 
        ``electric vehicle make-ready infrastructure'' means the 
        electrical infrastructure needed to connect and serve electric 
        vehicle charging infrastructure, including--
                    (A) raceway or conduit;
                    (B) sufficient electrical panel service capacity;
                    (C) overcurrent protection;
                    (D) devices;
                    (E) wire; and
                    (F) suitable termination points, such as a junction 
                box with a service loop.
            (4) Eligible entity.--The term ``eligible entity'' means 
        each of the following:
                    (A) A community-based organization.
                    (B) A nonprofit organization.
                    (C) A local, regional, State, or Tribal government.
                    (D) A metropolitan planning organization.
                    (E) Any other entity responsible for local 
                transportation planning and transportation projects.
            (5) Eligible project.--The term ``eligible project'' means 
        a project described in section 4(d) that is carried out in, and 
        addresses the electric vehicle charging infrastructure needs 
        of, an environmental justice community.
            (6) Environmental justice community.--The term 
        ``environmental justice community'' means a community 
        consisting primarily of minority, low-income, or Tribal 
        populations that experience, or are at risk of experiencing, 
        higher or more adverse human health or environmental effects as 
        compared to other populations.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.

SEC. 4. ELECTRIC VEHICLE CHARGING INFRASTRUCTURE GRANT PROGRAM.

    (a) Establishment.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall establish a grant program to 
provide grants to eligible entities for projects that address barriers 
to access to electric vehicle charging infrastructure faced by 
environmental justice communities.
    (b) Applications.--An eligible entity desiring a grant under this 
section shall submit to the Secretary an application at such time, in 
such manner, and containing such information as the Secretary may 
require.
    (c) Requirements.--In carrying out the grant program established 
under subsection (a), the Secretary shall--
            (1) use a public process to identify known barriers to 
        access to electric vehicle charging infrastructure faced by 
        environmental justice communities, including the barriers 
        described in section 2(8);
            (2)(A) perform meaningful stakeholder outreach with 
        community-based organizations, environmental justice groups, or 
        other community members--
                    (i) to identify or design eligible projects; and
                    (ii) to identify eligible entities to carry out 
                those eligible projects through the use of a grant 
                under this section; and
            (B) compensate the community-based organizations, 
        environmental justice groups, and other community members that 
        respond to that outreach and assist or otherwise participate in 
        an activity described in clause (i) or (ii) of subparagraph 
        (A);
            (3) provide to eligible entities in the application process 
        and in project execution, including with respect to identifying 
        private and utility partnerships--
                    (A) resources to conduct community-needs 
                assessments;
                    (B) resources for planning;
                    (C) technical support; and
                    (D) case management guidance;
            (4) design project timelines that--
                    (A) take into account stakeholder input; and
                    (B) account for the additional time needed to 
                complete eligible projects in environmental justice 
                communities;
            (5) adopt project criteria--
                    (A) to reduce the risk of gentrification of, and 
                displacement of individuals in, environmental justice 
                communities as a result of an eligible project carried 
                out using a grant provided under this section;
                    (B) to increase community engagement throughout the 
                duration of an eligible project;
                    (C) to increase the involvement of community-based 
                organizations and unionized labor, where possible, in 
                selecting, designing, and carrying out eligible 
                projects;
                    (D) to prioritize investments directly into 
                environmental justice communities;
                    (E) to reduce air pollution and other impacts from 
                vehicles with internal combustion engines in 
                environmental justice communities; and
                    (F) to encourage partnerships with utility or 
                private electric vehicle make-ready infrastructure 
                programs, as applicable;
            (6) aim to increase wealth in environmental justice 
        communities--
                    (A) through community or public ownership of any 
                assets of a completed eligible project that are 
                installed or developed in carrying out that eligible 
                project;
                    (B) through the creation of employment 
                opportunities for local workers in environmental 
                justice communities;
                    (C) by encouraging eligible entities receiving a 
                grant under this section to enter into community 
                benefit agreements; and
                    (D) by encouraging participation by local small 
                businesses, particularly minority- and women-owned 
                small businesses; and
            (7) provide grant funds at the time of infrastructure 
        purchase to each eligible entity that receives a grant under 
        this section.
    (d) Eligible Projects.--An eligible entity that receives a grant 
under this section may use the grant funds for--
            (1) projects that develop or implement a plan to install 
        publicly available electric vehicle charging infrastructure, 
        including--
                    (A) projects for the planning for, or installation 
                of--
                            (i) electric vehicle charging 
                        infrastructure at grocery stores, convenience 
                        stores, markets, other retail establishments, 
                        existing fueling stations, local government 
                        facilities, or office buildings or other 
                        workplaces;
                            (ii) fast charging hubs;
                            (iii) on-street chargers;
                            (iv) electric vehicle charging 
                        infrastructure at community land trust 
                        locations; and
                            (v) electric vehicle charging 
                        infrastructure at public schools and parks;
                    (B) projects for the incorporation of electric 
                vehicle charging infrastructure or electric vehicle 
                make-ready infrastructure into the construction of new 
                buildings or other infrastructure;
                    (C) projects to retrofit existing buildings, 
                especially multi-unit dwellings, with electric vehicle 
                charging infrastructure or electric vehicle make-ready 
                infrastructure;
            (2) projects to support shared electric mobility and 
        micromobility options, such as electric car, bike, and scooter 
        share;
            (3) projects or rebate programs to provide an electric 
        vehicle charger and funds for the installation of, and 
        technical assistance relating to, that charger to any resident 
        of an environmental justice community who--
                    (A) purchases an electric vehicle; and
                    (B) has the ability to use residential electric 
                vehicle charging infrastructure;
            (4) projects to develop and implement education programs 
        that emphasize the economic, environmental, and public health 
        advantages of using an electric vehicle, including--
                    (A) by providing information to residents of an 
                environmental justice community on the usefulness of 
                electric vehicles and electric car share systems via 
                ride and drive events;
                    (B) by developing electric vehicle dealership 
                education programs;
                    (C) by developing an electric vehicle educational 
                curriculum for schools; and
                    (D) by creating an electric vehicle information 
                website and printed materials for distribution to 
                individuals who lack internet access that may include--
                            (i) a guide to the makes and models of 
                        electric vehicles in multiple languages;
                            (ii) information about the locations of 
                        publicly available electric vehicle charging 
                        infrastructure and directions to those 
                        locations; and
                            (iii) free consulting services for 
                        potential buyers of an electric vehicle;
            (5) projects to transition existing vehicle fleets of 
        States and units of regional and local government that are in 
        use in environmental justice communities to electric vehicles;
            (6) projects to train the staff of municipalities and other 
        units of regional and local government, including inspectors, 
        on the use of electric vehicle charging infrastructure; and
            (7) any other project that, in the determination of the 
        Secretary--
                    (A) addresses known barriers to access to electric 
                vehicle charging infrastructure faced by environmental 
                justice communities, including the barriers described 
                in section 2(4); and
                    (B) satisfies any other applicable requirement that 
                the Secretary determines to be appropriate and 
                consistent with the requirements described in 
                subsection (c).
    (e) Report.--Not later than 1 year after the date on which the 
grant program under subsection (a) is established, and annually 
thereafter through fiscal year 2026, the Secretary shall submit to the 
Committees on Commerce, Science, and Transportation and Environment and 
Public Works of the Senate and the Committees on Energy and Commerce 
and Transportation and Infrastructure of the House of Representatives, 
and make publicly available on the website of the Department of 
Transportation, a report describing the eligible projects that received 
funding under the grant program and the outcomes of, and any issues 
encountered in carrying out, those eligible projects, including--
            (1) the barriers identified pursuant to the public process 
        described in subsection (c)(1);
            (2) the successes and failures of anti-displacement 
        measures in those eligible projects;
            (3) the types of projects that achieved success based on 
        established grant program metrics;
            (4) the types of projects that were most frequently pursued 
        by eligible entities;
            (5) best practices and lessons learned from serving an 
        environmental justice community;
            (6) a breakdown of grant funds used by--
                    (A) project type; and
                    (B) environmental justice community served;
            (7) the quantity of electric vehicle charging 
        infrastructure installed in environmental justice communities 
        using funds made available under the grant program;
            (8) the frequency of use of publicly available electric 
        vehicle charging infrastructure installed using funds made 
        available under the grant program;
            (9) the number of electric vehicles purchased by residents 
        of environmental justice communities in which electric vehicle 
        charging infrastructure is installed using a grant provided 
        under the grant program;
            (10) additional barriers to accessing electric vehicle 
        charging infrastructure for residents of environmental justice 
        communities;
            (11) any needed adjustments to project timelines to 
        facilitate greater project success in environmental justice 
        communities;
            (12) the number of jobs created and number of community 
        members employed by eligible projects; and
            (13) any local air quality changes over time in communities 
        where eligible projects are carried out.
    (f) Data Collection.--
            (1) In general.--The Secretary shall work with the 
        Secretary of Energy and the Administrator of the Energy 
        Information Administration to collect data on the access to 
        electric vehicle charging infrastructure in environmental 
        justice communities, including--
                    (A) the distance from an average household in an 
                environmental justice community to publicly available 
                electric vehicle charging infrastructure;
                    (B) the number and percentage of residents of each 
                environmental justice community in which an eligible 
                project was carried out using a grant provided under 
                this section who have access to, and use, electric 
                vehicle charging infrastructure that was installed in 
                that environmental justice community using funds 
                provided under the grant program;
                    (C) to the maximum extent practicable, the number 
                and percentage of residents of each environmental 
                justice community described in subparagraph (B) who 
                have access to, and use, electric vehicle charging 
                infrastructure that--
                            (i) is located in the environmental justice 
                        community but was not installed using funds 
                        provided under the grant program; or
                            (ii) is located in another community; and
                    (D) to the maximum extent practicable, the number 
                and percentage of residents of all environmental 
                justice communities who have access to, and use, 
                electric vehicle charging infrastructure that--
                            (i) is located in an environmental justice 
                        community and was installed using funds 
                        provided under the grant program;
                            (ii) is located in an environmental justice 
                        community but was not installed using funds 
                        provided under the grant program; or
                            (iii) is located in another community.
            (2) Public availability.--The data collected under 
        paragraph (1) shall be made publicly available on the website 
        of the Department of Transportation.
            (3) Report.--Not later than 1 year after the date on which 
        the grant program under subsection (a) is established, and 
        annually thereafter, 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 a report describing the data collection efforts 
        under paragraph (1), the data collected under that paragraph, 
        and any patterns, trends, or changes identified by the 
        Secretary.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section, including for 
any administrative costs, $75,000,000 for each of fiscal years 2022 
through 2026.
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