[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2347 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2347

To require the Administrator of the Environmental Protection Agency to 
establish a rebate program to promote the purchase and installation of 
electric vehicle supply equipment for medium- and heavy-duty vehicles, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 14, 2021

 Mr. Merkley (for himself, Mr. Padilla, and 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 Administrator of the Environmental Protection Agency to 
establish a rebate program to promote the purchase and installation of 
electric vehicle supply equipment for medium- and heavy-duty vehicles, 
                        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 ``Medium- and Heavy-Duty Electric 
Vehicle Infrastructure Act of 2021''.

SEC. 2. FLEET CHARGING REBATE PROGRAM.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Charging equipment ceiling amount.--The term ``charging 
        equipment ceiling amount'' means, with respect to eligible 
        equipment that is--
                    (A) networked level 2 charging equipment, $4,000; 
                and
                    (B) networked direct current fast charging 
                equipment, $100,000.
            (3) Covered expense.--The term ``covered expense'' means an 
        expense that is associated with the purchase and installation 
        of eligible electric vehicle supply equipment for a medium-duty 
        electric vehicle or heavy-duty electric vehicle, including--
                    (A) the cost of electric vehicle supply equipment 
                hardware;
                    (B) labor costs associated with the installation of 
                that hardware, if wages for that labor are paid at 
                rates not less than those prevailing on labor of a 
                character similar in the locality of installation, 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'');
                    (C) material costs associated with the installation 
                of that hardware, including expenses involving 
                electrical equipment and necessary upgrades or 
                modifications to the electric grid and associated 
                infrastructure that are required for the installation 
                of that hardware; and
                    (D) permit costs associated with the installation 
                of that hardware.
            (4) Eligible electric vehicle supply equipment.--The term 
        ``eligible electric vehicle supply equipment'' means a charger 
        that--
                    (A) is connected to the electric grid; and
                    (B) supplies electricity to--
                            (i) a medium-duty electric vehicle; or
                            (ii) a heavy-duty electric vehicle.
            (5) Eligible equipment.--The term ``eligible equipment'' 
        means any eligible electric vehicle supply equipment or 
        associated hardware or software that is included on the list of 
        eligible equipment published by the Administrator under 
        subsection (c)(2).
            (6) Eligible fleet operator.--The term ``eligible fleet 
        operator'' means an individual, a State, local, Tribal, or 
        territorial government, a special tax district, a rural 
        electric cooperative, a port authority, an airport authority, 
        or a private entity that--
                    (A) operates a centrally fueled non-transit fleet 
                of medium-duty electric vehicles or heavy-duty electric 
                vehicles;
                    (B) presents a purchase order of eligible medium-
                duty electric vehicles or heavy-duty electric vehicles 
                at the time of application; or
                    (C) provides such documentation of the operation or 
                intent to operate a centrally fueled non-transit fleet 
                of medium-duty electric vehicles or heavy-duty electric 
                vehicles as the Administrator determines to be 
                necessary.
            (7) Heavy-duty electric vehicle.--The term ``heavy-duty 
        electric vehicle'' means a non-transit vehicle that--
                    (A) derives all of the power of the vehicle from 
                electricity; and
                    (B) has a gross vehicle weight rating of not less 
                than 26,000 pounds.
            (8) Medium-duty electric vehicle.--The term ``medium-duty 
        electric vehicle'' means a vehicle that--
                    (A) derives all of the power of the vehicle from 
                electricity; and
                    (B)(i) has a gross vehicle weight rating of--
                            (I) less than 26,000 pounds; but
                            (II) not less than 10,000 pounds; or
                    (ii) is an off-road vehicle with a gross vehicle 
                weight rating of more than 4,200 pounds.
            (9) Multi-port level 2 charger.--The term ``multi-port 
        level 2 charger'' means networked level 2 charging equipment 
        that is capable of charging more than 1 medium-duty electric 
        vehicle or heavy-duty electric vehicle simultaneously.
            (10) Networked direct current fast charging equipment.--The 
        term ``networked direct current fast charging equipment'' means 
        electric vehicle supply equipment that--
                    (A) provides a direct current power source; and
                    (B) is able to connect to a network to facilitate--
                            (i) data collection; and
                            (ii) access to the data collected.
            (11) Networked level 2 charging equipment.--The term 
        ``networked level 2 charging equipment'' means electric vehicle 
        supply equipment that--
                    (A) provides an alternating current power source at 
                a minimum of 208 volts; and
                    (B) is able to connect to a network to facilitate--
                            (i) data collection; and
                            (ii) access to the data collected.
            (12) Rebate program.--The term ``rebate program'' means the 
        rebate program established under subsection (b).
    (b) Establishment.--Not later than January 1, 2022, and subject to 
the availability of appropriations, the Administrator shall establish a 
rebate program to promote the purchase and installation of electric 
vehicle supply equipment for medium-duty electric vehicles and heavy-
duty electric vehicles.
    (c) Requirements.--
            (1) In general.--The Administrator may provide a rebate 
        under the rebate program to an eligible fleet operator for the 
        installation of eligible equipment at an eligible site 
        described in paragraph (3).
            (2) List of eligible equipment.--
                    (A) In general.--Not later than 90 days after the 
                date of enactment of this Act, the Administrator shall 
                publish on the website of the Environmental Protection 
                Agency a list of eligible equipment for which an 
                eligible fleet operator may receive a rebate under the 
                rebate program.
                    (B) Maintenance and updates.--After the date on 
                which the list under subparagraph (A) is published, the 
                Administrator--
                            (i) shall maintain the list, including 
                        through periodic review and updates; and
                            (ii) may add additional hardware or 
                        software to the list, if the Administrator 
                        determines that the additional hardware or 
                        software is likely--
                                    (I) to lead to greater usage of 
                                eligible electric vehicle supply 
                                equipment for medium-duty electric 
                                vehicles and heavy-duty electric 
                                vehicles; or
                                    (II) to improve the experience of 
                                users of eligible electric vehicle 
                                supply equipment.
            (3) Eligible sites.--An eligible fleet operator may receive 
        a rebate under the rebate program for the installation of 
        eligible equipment only if the eligible equipment is installed 
        at a site that--
                    (A) is in the United States;
                    (B) is located on property--
                            (i) owned by the eligible fleet operator; 
                        or
                            (ii) on which the eligible fleet operator 
                        has authority to install eligible equipment; 
                        and
                    (C) serves not fewer than the minimum number of 
                medium-duty electric vehicles or heavy-duty electric 
                vehicles that the Administrator determines is required 
                to be served by a site.
            (4) Applications.--
                    (A) In general.--An eligible fleet operator may 
                submit to the Administrator an application for a rebate 
                under the rebate program at such time and in such 
                manner as the Administrator may require.
                    (B) Requirements.--An application under 
                subparagraph (A) shall include--
                            (i) the estimated cost of covered expenses 
                        to be incurred with respect to the purchase or 
                        installation of eligible equipment for which 
                        the eligible fleet operator seeks a rebate;
                            (ii) the portion of those covered expenses 
                        that represents the estimated installation cost 
                        of the eligible equipment;
                            (iii) the address of the location where the 
                        eligible equipment will be installed, which 
                        shall be considered by the Administrator to be 
                        confidential business information;
                            (iv) the technical specifications of the 
                        eligible equipment, including the maximum power 
                        and amperage of the eligible equipment;
                            (v) if the eligible fleet operator is 
                        seeking a community benefit bonus under 
                        paragraph (5)(B) or a rural bonus under 
                        paragraph (5)(C), documentation demonstrating 
                        that the eligible fleet operator is eligible 
                        for the bonus; and
                            (vi) any other information determined by 
                        the Administrator to be necessary for a 
                        complete application.
                    (C) Review process.--The Administrator shall, 
                within 90 days of the date on which the Administrator 
                receives an application under subparagraph (A)--
                            (i) review the application; and
                            (ii) approve the eligible fleet operator 
                        submitting the application for a rebate under 
                        the rebate program if the Administrator 
                        determines that--
                                    (I) the application meets the 
                                requirements described in subparagraph 
                                (B);
                                    (II) the rebate would be for the 
                                installation of eligible equipment at 
                                an eligible site;
                                    (III) sufficient amounts will be 
                                made available under this section to 
                                provide the rebate;
                                    (IV) providing the rebate would not 
                                cause the eligible fleet operator to 
                                exceed the limitation described in 
                                paragraph (5)(D)(iii)(I); and
                                    (V) the eligible fleet operator has 
                                complied with all other applicable 
                                requirements of the rebate program.
            (5) Rebate amount.--
                    (A) In general.--The amount of a rebate under the 
                rebate program shall be, with respect to a project for 
                which the rebate is sought--
                            (i) for an eligible fleet operator that is 
                        a public sector or nonprofit entity, equal to 
                        the lesser of--
                                    (I) 80 percent of the covered 
                                expenses; and
                                    (II) the charging equipment ceiling 
                                amount; and
                            (ii) for an eligible fleet operator that is 
                        a private sector entity that is not a nonprofit 
                        entity, equal to the lesser of--
                                    (I) 50 percent of the covered 
                                expenses; and
                                    (II) the charging equipment ceiling 
                                amount.
                    (B) Community benefit bonus.--
                            (i) In general.--Subject to subparagraph 
                        (D)(i), the Administrator shall award an 
                        additional amount, to be known as a ``community 
                        benefit bonus'', to an eligible fleet operator 
                        receiving a rebate under the rebate program if 
                        the majority of the vehicle miles traveled by 
                        the medium-duty electric vehicles and heavy-
                        duty electric vehicles in the fleet of the 
                        eligible fleet operator are traveled in a 
                        county that, as of the date of enactment of 
                        this Act, is designated as a nonattainment area 
                        for ozone or carbon monoxide under the Clean 
                        Air Act (42 U.S.C. 7401 et seq.).
                            (ii) Amount of bonus.--With respect to the 
                        rebate received by the eligible fleet operator, 
                        the amount of a community benefit bonus under 
                        clause (i) shall be equal to the lesser of--
                                    (I) 20 percent of the covered 
                                expenses received under the rebate; and
                                    (II) 25 percent of the charging 
                                equipment ceiling amount received under 
                                the rebate.
                    (C) Rural bonus.--
                            (i) In general.--Subject to subparagraph 
                        (D)(i), the Administrator shall award an 
                        additional amount, to be known as a ``rural 
                        bonus'', to an eligible fleet operator 
                        receiving a rebate under the rebate program 
                        if--
                                    (I) the eligible fleet operator 
                                uses the rebate to install electric 
                                vehicle supply equipment in a rural 
                                area (as defined in section 101(a) of 
                                title 23, United States Code); and
                                    (II) the majority of the vehicle 
                                miles traveled by the medium-duty 
                                electric vehicles and heavy-duty 
                                electric vehicles in the fleet of the 
                                eligible fleet operator are traveled in 
                                a rural area (as so defined).
                            (ii) Amount of bonus.--With respect to the 
                        rebate received by the eligible fleet operator, 
                        the amount of a rural bonus under clause (i) 
                        shall be equal to the lesser of--
                                    (I) 20 percent of the covered 
                                expenses received under the rebate; and
                                    (II) 25 percent of the charging 
                                equipment ceiling amount received under 
                                the rebate.
                    (D) Limitations.--
                            (i) Limitation on bonuses.--An eligible 
                        fleet operator may not receive both a community 
                        benefit bonus under subparagraph (B) and a 
                        rural bonus under subparagraph (C) with respect 
                        to the same rebate under the rebate program.
                            (ii) Multi-port level 2 chargers.--The 
                        Administrator shall consider each charging port 
                        on a multi-port level 2 charger to be a 
                        separate unit of electric vehicle supply 
                        equipment for purposes of determining the 
                        amount of a rebate or bonus under this section.
                            (iii) Maximum amount for active projects.--
                        An eligible fleet operator may--
                                    (I) separately or simultaneously 
                                apply for, and be awarded, rebates 
                                totaling up to $1,000,000, including 
                                any bonuses received under 
                                subparagraphs (B) and (C), for projects 
                                that, as determined by the 
                                Administrator, are active projects; and
                                    (II) apply for additional rebates 
                                on completion of active projects.
                            (iv) For-profit entities.--Of the amounts 
                        made available to carry out the rebate program, 
                        not more than 50 percent may be awarded to 
                        eligible fleet operators that are private 
                        sector entities that are not nonprofit 
                        entities.
                            (v) Alternative fuel vehicle refueling 
                        property credit.--No credit shall be allowed 
                        under section 30C of the Internal Revenue Code 
                        of 1986 for any property with respect to which 
                        a rebate is received under the rebate program.
            (6) Agreement to maintain.--To be eligible for a rebate 
        under the rebate program, an eligible fleet operator shall 
        enter into an agreement with the Administrator to maintain the 
        eligible equipment covered by the rebate in a satisfactory 
        manner for not less than 5 years after the date on which the 
        eligible fleet operator receives the rebate.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administrator to carry out the rebate program 
$250,000,000 for each of fiscal years 2022 through 2025, to remain 
available until expended.
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