[Congressional Record Volume 165, Number 40 (Wednesday, March 6, 2019)]
[Senate]
[Pages S1707-S1709]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CARPER:
  S. 674. 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; to the Committee on Environment 
and Public Works.
  Mr. CARPER. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:
  Mr. CARPER. Mr. President, Today I am introducing the ``Clean 
Corridors Act of 2019.'' This legislation authorizes $3 billion in 
grant funding to public entities for installing electric vehicle 
charging infrastructure and hydrogen fueling infrastructure along 
designated corridors.
  Earlier this week, Chairman Barrasso and I sent a letter to the full 
Senate requesting Senators' priorities for a surface transportation 
bill reauthorization this Congress. The surface transportation bill is 
the primary authorizing legislation for the programs of the Federal 
Highway Administration at the U.S. Department of Transportation, among 
other programs related to surface transportation.
  As the Ranking Member on the U.S. Senate Committee on Environment and 
Public Works, this legislation is a reauthorization priority of my own.
  Nearly two years ago, the Rocky Mountain Institute published a report 
that said re-installing electric vehicle charging infrastructure should 
be, quote, an ``urgent priority in all states and major municipalities. 
Getting it right will require unprecedented cooperation by many 
stakeholder groups. The time to act is now.''
  I agree. This legislation would provide grants for the installment of 
electric vehicle charging infrastructure and hydrogen fueling 
infrastructure along the National Highway System. This bill is the 
product of remarkable collaboration between stakeholders, and it will 
take us one step forward in reducing emissions, improving air quality, 
and enhancing energy security and fuel choice. This legislation is 
endorsed by stakeholders from across the electric vehicle supply chain, 
including the National Electrical Manufacturers Association, Electric 
Drive Transportation Association, Edison Electric Institute, Auto 
Alliance, the American Association of State Highway and Transportation 
Officials, and the American Highway Users Alliance.
  As I have stated before, the threat of climate change is greater than 
any one state, or region or country--we all have to do our part, and 
the federal government has a leadership role to play. By deploying 
necessary electric and fuel cell vehicle charging infrastructure, and 
supporting growth of these needed technologies, doing so will help us 
lower the rate of emissions of carbon into our atmosphere.
  Even better yet, this legislation will help us in our efforts to put 
the United States back in the driver's seat of the world's clean energy 
economy, while creating green manufacturing jobs here at home. This 
legislation is a true win-win for our environment and our economy, and 
it is my hope that the Senate will support this legislation and that it 
will be enacted this Congress.

                                 S. 674

       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;

[[Page S1708]]

       (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

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       ``(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.''.
                                 ______