[Congressional Record Volume 167, Number 138 (Tuesday, August 3, 2021)]
[Senate]
[Page S5784]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2456. Mrs. FEINSTEIN (for herself and Mr. Padilla) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        On page 2656, line 7, insert ``Provided further, That 
     notwithstanding section 111(a) or (b) of title 23, United 
     States Code, or the fee limitations in sections 137 or 142 of 
     such title, the Secretary shall permit limited commercial 
     activities for charging of electric vehicles on rights-of-way 
     of any Federal-aid highway, including highways on the 
     Interstate System, including in: (1) a rest area; or (2) a 
     fringe or corridor parking facility, including a park and 
     ride facility: Provided further, That, for purposes of this 
     paragraph in this Act, limited commercial activities for 
     charging of electric vehicles at rest areas described in the 
     preceding proviso may be located as follows: (1) except as 
     otherwise provided in this proviso, a State may permit such 
     limited commercial activity unless it is located within 5 
     travel miles of an existing facility that is located no more 
     than 1 mile from the Interstate and that, as determined by 
     the Secretary, provides substantially the same services to 
     the public in sufficient capacity at the time such 
     determination is made; (2) if a State demonstrates to the 
     Secretary that there is insufficient capacity providing 
     substantially the same services to the public at an existing 
     facility located no more than 1 mile from the Interstate and 
     within 5 travel miles of a rest area, the Secretary may 
     authorize the State to permit limited commercial activities 
     for charging of electric vehicles within any distance of the 
     existing facility; and (3) for purposes of this proviso, the 
     type and amount of the electric vehicle service provided, 
     including whether available technology meets current and 
     projected needs, are relevant to a demonstration of 
     sufficient capacity: Provided further, That nothing in the 
     preceding two provisos shall permit commercial activities on 
     rights-of-way of the Interstate System, except as necessary 
     for the charging of electric vehicles in accordance with this 
     paragraph in this Act:'' after ``proviso:''.
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