118 S1704 IS: Electric Vehicles for All Act of 2023
U.S. Senate
2023-05-18
text/xml
EN
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II
118th CONGRESS
1st Session
S. 1704
IN THE SENATE OF THE UNITED STATES
May 18, 2023
Mr. Booker (for himself, Mr. Padilla, Mr. Welch, Mr. Markey, and Ms. Duckworth) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
A BILL
To direct the Secretary of Energy to establish a grant program to facilitate electric vehicle sharing services operated at public housing projects, and for other purposes.
1.

Short title
This Act may be cited as the “Electric Vehicles for All Act of 2023” or the “EVs for All Act of 2023”.
2.

Department of Energy electric vehicle sharing service grant program
(a)

Definitions
In this section:
(1)

Charger
The term charger means a device with 1 or more charging ports and connectors for charging electric vehicles.
(2)

Electric vehicle
The term electric vehicle means a vehicle that derives all of the power of the vehicle from electricity.
(3)

Electric vehicle sharing service
The term electric vehicle sharing service means a service that—
(A)
allows an individual to apply for a membership that preapproves the individual to rent electric vehicles from the service; and
(B)
permits preapproved individuals to rent electric vehicles for short periods of time.
(4)

Electric vehicle supply equipment
(A)

In general
The term electric vehicle supply equipment means any property, other than a building or a structural component of a building, that is—
(i)
a charger;
(ii)
present at the location where electric vehicles are charged; and
(iii)
available for use by members of the general public.
(B)

Inclusion
The term electric vehicle supply equipment includes any utility service connection, or utility panel upgrade, that is required for the charging of electric vehicles.
(5)

Eligible entity
The term “eligible entity” means—
(A)
a public housing agency;
(B)
a unit of local government; and
(C)
a nonprofit organization that has entered into an agreement with a public housing agency or unit of local government under which the public housing agency or unit of local government agrees to host an electric vehicle sharing service on the property of the public housing agency or unit of local government.
(6)

Fair labor practices
The term fair labor practices means practices that comply with applicable labor laws and regulations and provide workers with fair wages, safe working conditions, and protections against discrimination, harassment, and exploitation.
(7)

Final assembly
The term final assembly means the process by which a manufacturer produces a new electric vehicle at, or through the use of, a plant, factory, or other place from which the electric vehicle is delivered to a dealer or importer with all component parts necessary for the mechanical operation of the electric vehicle included with the electric vehicle, regardless of whether the component parts are permanently installed in or on the electric vehicle.
(8)

Major urban area
The term major urban area means a metropolitan statistical area within the United States with an estimated population of not less than 1,500,000 residents.
(9)

Networked direct current fast charging equipment
(A)

In general
The term networked direct current fast charging equipment means electric vehicle charging equipment that—
(i)
provides a direct current power source at a minimum of 50 kilowatts; and
(ii)
is enabled to connect to a network to facilitate data collection and access.
(B)

Inclusion
The term networked direct current fast charging equipment includes a Direct Current Fast Charger.
(10)

Registered apprentice
The term registered apprentice means a person participating in a program registered pursuant to the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act”) (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).
(11)

Secretary
The term Secretary means the Secretary of Energy.
(b)

Establishment
Not later than 1 year after the date of enactment of this Act, the Secretary, in coordination with the Secretary of Transportation and the Secretary of Housing and Urban Development, shall carry out a program to award grants, on a competitive basis, to facilitate electric vehicle sharing services operated at public housing projects.
(c)

Applications
An eligible entity seeking a grant under this section shall submit to the Secretary an application in such form, in such manner, and containing such information as the Secretary determines appropriate.
(d)

Criteria for grant awards
In awarding grants under this section, the Secretary shall consider the following criteria:
(1)
The capacity of an eligible entity to operate a proposed electric vehicle sharing service.
(2)
Whether a proposed electric vehicle sharing service would address—
(A)
the infrastructure needs of the public housing project where that electric vehicle sharing service will be operated; and
(B)
the transportation needs of the community surrounding the public housing project.
(3)
Whether the eligible entity has developed a culturally competent community engagement and education plan for outreach regarding the proposed electric vehicle sharing service.
(4)
The economic and operational sustainability of the proposed electric vehicle sharing service.
(5)
Whether the eligible entity proposes to install networked direct current fast charging equipment in connection with the proposed electric vehicle sharing service.
(6)
Whether the eligible entity proposes to purchase electric vehicles with respect to which final assembly occurred at a location operating under a collective bargaining agreement.
(7)
Whether the eligible entity proposes to purchase electric vehicles that—
(A)
with respect to final assembly, are assembled using component parts that are at least 50 percent domestic content; and
(B)
are powered by battery cells manufactured in the United States.
(8)
Whether the eligible entity proposes to purchase electric vehicles from manufacturers that prioritize fair labor practices and worker protections, as demonstrated through certification programs or publicly available reports on the supply chain practices of the manufacturer.
(9)
Other criteria as determined appropriate by the Secretary.
(e)

Prioritization of grant awards to marginalized communities
(1)

In general
In awarding grants under this section, the Secretary shall give priority to eligible entities that serve communities that have been historically marginalized or disproportionately impacted by environmental injustice.
(2)

Criteria for prioritization
In carrying out paragraph (1), the Secretary shall consider the extent to which the proposed public housing project—
(A)
is located in a community that has—
(i)
disproportionately high rates of pollution and poor air quality; or
(ii)
limited access to affordable transportation options; and
(B)
will benefit from an electric vehicle sharing service, especially with respect to addressing transportation needs and reducing greenhouse gas emissions and criteria air pollutants.
(f)

Permitted grant uses
(1)

In general
An eligible entity awarded a grant under this section may only use grant funds for the following activities to facilitate an electric vehicle sharing service operated at a public housing project:
(A)
The purchase of light-duty electric vehicles that are not more than 5 years old.
(B)
The purchase, installation, and maintenance of electric vehicle supply equipment.
(C)
Conducting community education and outreach with respect to the electric vehicle sharing service.
(D)
Providing incentives for residents of the public housing project to use the electric vehicle sharing service, including subsidized fares.
(E)
Maintenance, repairs, and other costs associated with operating the electric vehicle sharing service, including towing, impound, and driving infraction fines.
(F)
Monitoring, data collection, and evaluation with respect to the electric vehicle sharing service.
(G)
Obtaining technical assistance relating to the establishment, operation, and evaluation of the electric vehicle sharing service.
(2)

Minimum standards for purchased electric vehicles
The Secretary shall establish minimum standards relating to functionality and range for electric vehicles eligible to be purchased under paragraph (1)(A).
(g)

Grant limitations
(1)

Availability
Grant funds awarded under this section to an eligible entity shall be available for obligation or expenditure during the 5-year period beginning on the date on which the grant funds are awarded.
(2)

Maximum amount
(A)

In general
Subject to subparagraph (B), the amount of a grant under this section shall not be more than $1,000,000 for each public housing project at which the eligible entity receiving the grant will operate an electric vehicle sharing service.
(B)

Networked direct current fast charging equipment
In the case of a public housing project that includes the installation of networked direct current fast charging equipment, the maximum amount of a grant under subparagraph (A) may be increased by $50,000 per unit of networked direct current fast charging equipment, for not more than 2 units of networked direct current fast charging equipment.
(h)

Reports
As a condition of receiving a grant under this section, an eligible entity shall submit to the Secretary, before the end of each year during which the eligible entity receives grant amounts, a report that—
(1)
describes the activities carried out with the grant amounts; and
(2)
includes data on—
(A)
the operating and capital costs for the electric vehicle sharing service facilitated with those grant amounts;
(B)
the revenue generated by the electric vehicle sharing service;
(C)
the daily averages of individual bookings and hours of electric vehicle use for the electric vehicle sharing service;
(D)
the number of active users of the electric vehicle sharing service;
(E)
the distance traveled by the electric vehicles of the electric vehicle sharing service;
(F)
the estimated reduction in greenhouse gas emissions and criteria air pollutants associated with the electric vehicle sharing service; and
(G)
the results of a survey of customers of the electric vehicle sharing service that provides information on customer preferences, destinations, and other information the Secretary determines appropriate.
(i)

Labor
(1)

Contracts for installation of electric vehicle supply equipment
As a condition of receiving a grant under this section, an eligible entity shall ensure, to the maximum extent practicable, that—
(A)
not less than 40 percent of the employees of any nongovernmental entity that enters into a contract with the eligible entity, or a subcontract thereof, for the installation of electric vehicle supply equipment are—
(i)
domiciled—
(I)
if the installation is carried out at a location in a major urban area, not farther than 15 miles from the location of the installation; or
(II)
if the installation is not carried out at a location in a major urban area, not farther than 50 miles from the location of the installation;
(ii)
members or veterans of the Armed Forces;
(iii)
displaced and unemployed energy workers;
(iv)
registered apprentices who have completed less than 15 percent of the required hours for the apprenticeship program in which the registered apprentices are enrolled; or
(v)
persons who—
(I)
were formerly—
- (aa)
incarcerated in a juvenile or adult detention or correctional facility; or
- (bb)
placed on probation, community supervision, or in a diversion program;
(II)
are emancipated from the foster care system;
(III)
have a disability;
(IV)
are experiencing homelessness;
(V)
receive public assistance; or
(VI)
lack a general education or high school diploma; and
(B)
all electricians installing, maintaining, and operating electric vehicle supply equipment shall be—
(i)
certified through the Electric Vehicle Infrastructure Training Program (as defined in section 680.104 of title 23, Code of Federal Regulations (or successor regulations)); or
(ii)
graduates of or in possession of a continuing education certificate from a registered apprenticeship program for electricians that—
(I)
includes charger-specific training; and
(II)
complies with the standards and requirements of the National Electric Vehicle Infrastructure Formula Program.
(2)

Wages
(A)

In general
As a condition of receiving a grant under this section, an eligible entity shall ensure that all laborers and mechanics employed by a nongovernmental entity that enters into a contract for the performance of construction, alteration, or repair work that is facilitated, in whole or in part, by the grant, or a subcontract thereof, are paid wages at rates not less than those prevailing on similar construction, alteration, or repair work in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the “Davis-Bacon Act”).
(B)

Labor standards
With respect to the labor standards described in subparagraph (A), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.
(j)

Limits on charging fees
(1)

In general
An eligible entity that installs an electric vehicle charging station using a grant received under this section—
(A)
shall implement pricing policies for that electric vehicle charging station that are affordable and equitable for all users; and
(B)
shall not impose fees for that electric vehicle charging station that are excessive, in accordance with paragraph (2).
(2)

Excessive fees
A fee shall be considered excessive for purposes of paragraph (1)(B) if the fee is—
(A)
higher than the average market rate for charging services in the same geographic area;
(B)
not proportional to the cost of providing the charging service;
(C)
designed to discourage or prevent use of the charging station; or
(D)
designed to generate revenue for the entity operating the charging station beyond the reasonable costs of providing the charging service.
(k)

Authorization of appropriations
There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2024 through 2033.