1. Short title
This Act may be cited as the “Electric Vehicle Freedom Act” or the “EV Freedom Act”.
Electric Vehicle Freedom Act
A BILL
To establish a national network of electric vehicle charging stations, and for other purposes.
2. Findings; purpose; definitions
Findings— Congress finds the following:
Electric vehicles will play an important role in transitioning to a cleaner transportation system that protects Americans’ health and our planet. According to the United States Department of Energy, electric vehicles “produce fewer emissions that contribute to climate change and smog than conventional vehicles.”.
Electric vehicles are becoming more popular among American consumers. United States sales of electric vehicles increased 27 percent between 2016 and 2017, and 81 percent between 2017 and 2018, achieving a record sales volume of 361,307 units.
Access to electric vehicle charging stations is currently insufficient to meet consumer demand. According to the National Renewable Energy Laboratory, “two key areas of needed improvement in actual vehicle charging are speed (reducing battery charging times) and coverage (having adequate and accessible charging stations)”.
Demand for publicly accessible electric vehicle chargers is projected to grow. There are an estimated 41,878 publicly available electric vehicle direct current fast charging stations (DC Fast and Level 2) with 101,296 charging outlets available in the United States. A report released in April 2021 by Lawrence Berkeley Labs at the University of California-Berkley, estimated that the number of EV chargers required to support the accelerated transition necessary to meet GHG was 8.1 million public EV charge points by 2050.
In August 2020, cumulative U.S. plug-in electric vehicle sales reached 1.6 million units. In February 2021, 53,247 electric vehicles were sold in the United States, a 64.8-percent increase from the electric vehicle sales in February 2020.
However, China and the European Union are exceeding the United States in the EV manufacturing sector. China is the world leader in total EV production and total EV sales; 45 percent of global electric vehicles were built and sold in China. China also already produces the global majority of passenger EVs (60 percent) and is expected to produce 65 percent of global lithium-ion batteries by 2021. Currently, China has 7 of the 10 largest lithium-ion mega-factories by production capacity, while the United States only has one. Europe accounted for 24 percent of the global EV fleet in 2018. In order for the United States to remain a competitor in auto manufacturing, the U.S. must greatly increase investment in the infrastructure necessary for wide adoption of EVs.
Americans demand the freedom to roam with their electric vehicle and convenient charging opportunities. However, failure to expand access to publicly accessible electric vehicle chargers will prevent the wider adoption of electric vehicles and, therefore, hinder progress towards a more sustainable transportation system. According to a study produced by the Michigan Energy Office and Michigan State University, “limited charging infrastructure for electric vehicles has been one of the main barriers in adopting these vehicles”.
Expediting the wider adoption of electric vehicles will require considerable changes to consumer behavior, which will not be possible without the creation of necessary infrastructure. According to a study produced by the Transportation Research Board and National Research Council, “adoption and diffusion of new innovations can be a long-term, complicated process that is especially slow for products that cost tens of thousands of dollars and where consumers have questions about infrastructure availability, resale value, and other variables”, and “a perception of a lack of public charging infrastructure might hinder [plug-in electric vehicle] deployment.”. Thus, greatly expanding access to publicly accessible electric vehicle chargers will be essential to changing consumer behavior radically and, accordingly, accelerating the wider adoption of electric vehicles.
Purpose— The purpose of this Act is to establish a network of electric vehicle charging stations along eligible roads so that the United States may lead the world in protecting the environment while improving consumer experiences. The implementation of this Act will encourage the widespread adoption of light-, medium-, and heavy-duty electric vehicles by—
establishing a convenient system of charging networks;
allowing drivers to charge vehicles more quickly; and
ensuring that vehicle charging is equitably accessible and reasonably priced, enabling long-distance travel along eligible roads.
Definitions— In this Act:
Contractor— The term “contractor” means a general contractor or other lead or prime contractor on a project described in subsection (e)(1).
Eligible road— The term “eligible road” means a road that—
is part of the National Highway System (as such term is defined in section 101 of title 23, United States Code); and
is a public road (as such term is defined in section 101 of title 23, United States Code).
Frontline and vulnerable community— The term “frontline and vulnerable community” means a community—
in an area described in section 301(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161(a)); and
in which climate change, pollution, or environmental destruction have exacerbated systemic racial, regional, social, environmental, gender, and economic injustices by disproportionately affecting Black, Brown, and Indigenous peoples, other communities of color, migrant communities, deindustrialized communities, depopulated rural communities, the poor, low-income workers, women, the elderly, the unhoused, people with disability, or youth.
Publicly available EVSE—
In general— The term “publicly available EVSE” means electric vehicle supply equipment and any associated parking spaces designated by the property owner or lessee to be available to, and accessible by, the public for any period of time, including electric vehicle supply equipment and associated parking spaces if any member of the public can obtain vehicular access to the facility for free or through payment of a fee.
Exclusion— The term “publicly available EVSE” does not include—
electric vehicle supply equipment and any associated parking spaces in a workplace if the electric vehicle supply equipment and associated parking spaces are clearly marked and operated as available exclusively to employees or contracted drivers; and
electric vehicle supply equipment and any associated parking spaces that are locked behind gates, walls or obstructed in any manner to prevent a driver from charging their vehicle at a reasonable cost.
Qualified electrician— The term “qualified electrician” means an electrician who has completed training under the Electric Vehicle Infrastructure Training Program and holds a current and valid Electric Vehicle Infrastructure Training Program certification.
Renewable energy source— The term “renewable energy source” means a renewable source of generated energy, including the following:
Solar, including electricity.
Wind.
Ocean, including tidal, wave, current, and thermal.
Geothermal, including electricity and heat pumps.
New hydroelectric generation capacity achieved from increased efficiency or additions of new capacity—
at an existing hydroelectric project; and
that was placed in service on or after January 1, 1999.
Hydrogen used in fuel cells or other non-combustion technologies.
Thermal energy generated by any of the sources described in subparagraphs (A) through (F).
Subcontractor— The term “subcontractor” means any person or company, at any tier, that performs some or all of the obligations of the contractor on a project described in subsection (e)(1).
3. National network of electric vehicle charging stations along eligible roads
Plan— The Secretary of Transportation, in coordination with the Secretary of Energy, shall devise a plan to create a network of publicly available EVSE along eligible roads.
Submission— Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation, in coordination with the Secretary of Energy, shall submit the plan to the Speaker of the House of Representatives, the minority leader of the House of Representatives, the majority leader of the Senate, the minority leader of the Senate, and the chairs and ranking members of—
the Committee on Transportation and Infrastructure of the House of Representatives;
the Committee on Environment and Public Works of the Senate;
the Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the House of Representatives; and
the Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the Senate.
Considerations— The Secretary of Transportation, in coordination with the Secretary of Energy, shall consider the following in developing the plan:
The distance between publicly available EVSE locations.
Connections to the electric grid, including electric distribution upgrades that account for charging during peaking periods, alignment with electric distribution interconnection processes, and plans for the use of renewable energy sources to power charging and energy storage.
The ability to incorporate technologies not yet invented or technically feasible, or infrastructure that can allow the addition of new capabilities and functionalities as they become available.
The number of publicly available EVSE locations needed in the network and the number of charging stations at each publicly available EVSE location, accounting for dense corridors where multiple stations or a greater number of charging ports at the location are necessary and for rural corridors where special considerations will need to be made for less dense corridors that will still require publicly available EVSE placement.
The placement of publicly available EVSE within parking facilities and other locations, including recommendations for promoting efficient dwell times based on best practices.
The availability of onsite amenities for vehicle operators, including restrooms or food facilities.
The long-term operation and maintenance of publicly available EVSE, including consideration of the need for expanded capacity resulting from increasing demand into the future, to avoid stranded assets and protect the investment of public funds in that infrastructure.
A maximum distance for publicly available EVSE placement off of eligible roads.
Existing private as well as national, State, local, Tribal, and territorial government electric charging infrastructure incentives and programs, including alternative fueling corridor networks.
Existing labor or labor-management organizations that promote a skilled workforce to install publicly available EVSE with high standards for quality and safety.
Pricing transparency and payment options that encourages a consistent, reliable, secure, convenient and equal access consumer charging and payment experience to all members of the public.
Publicly available EVSE placement and construction in or near frontline and vulnerable communities, provided such placements benefit such communities and does not harm or displace community members.
Adequate signage for users to identify publicly available EVSE that ensures uniformity in providing road users direction to publicly available EVSE locations.
Existing EVSE investments, proposal or projects that are complementary towards the deployment of publicly available EVSE under this Act are not precluded by plan development.
Consultations— In developing the plan, the Secretary of Transportation, in coordination with the Secretary of Energy, shall consult with stakeholders, including the following:
Federal partners, including the Secretary of the Interior and the Administrator of the Environmental Protection Agency.
State, local, Tribal, and territorial governments, including State air quality and utility regulators.
Metropolitan planning organizations.
Unionized labor groups.
Environmental and environmental justice organizations.
Automobile and truck manufacturers.
Electric utilities.
Infrastructure providers.
Technology providers.
Software and network services providers.
Infrastructure construction and component parts suppliers.
Multi-State and regional entities.
Fuel station owners and operators.
Fleet owners.
Fleet managers.
Other relevant stakeholders as identified by the Secretary of Transportation.
4. Transportation research board report on financing the placement of electric vehicle chargers
In general— The Secretary of Transportation shall commission the Transportation Research Board of the National Academy of Sciences to conduct a study on options for financing the placement of publicly available EVSE along eligible roads that includes consideration of financial instruments, such as a revolving loan fund.
Deadline— The Secretary shall submit to Congress the study commissioned under subsection (a) not later than 2 years after the date of enactment of this Act.
5. Establishment of network of electric vehicle chargers along eligible roads
Plan implementation— Not later than 5 years after the date of enactment of this Act, using the plan developed pursuant to section 3 and the recommendations in the report described in section 4, the Secretary of Transportation and the Secretary of Energy shall complete the establishment of a national network of publicly available EVSE.
Consultations— In implementing the plan, the Secretary of Transportation, in coordination with the Secretary of Energy, shall consult with stakeholders, including the following:
Federal partners, including the Secretary of the Interior and the Administrator of the Environmental Protection Agency.
State, local, Tribal, and territorial governments, including state air quality and utility regulators.
Metropolitan planning organizations.
Unionized labor groups.
Environmental and environmental justice organizations.
Automobile and truck manufacturers.
Electric utilities.
Infrastructure providers.
Technology providers.
Software and network services providers.
Infrastructure construction and component parts suppliers.
Multi-State and regional entities.
Fuel station owners and operators.
Fleet owners.
Fleet managers.
Other relevant stakeholders as identified by the Secretary of Energy and Secretary of Transportation.
Grant program—
Establishment— Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall establish a competitive grant program to award grants to eligible entities to implement the plan developed in section 3 of this Act.
Applications— To be eligible to receive a grant under this subsection, an eligible entity shall submit to the Secretary of Transportation an application at such time, in such manner, and containing such information as the Secretary of Transportation shall require.
Priority— In selecting grant recipients, the Secretary of Transportation shall give priority to—
applications consistent with the plan developed pursuant to section 3 of this Act;
applications located in or near—
a frontline and vulnerable community; or
an area identified as having disproportionately high adverse human health and environmental impacts on minority populations and low-income populations; and
applications that specify priority employment of workforce trained and certified by labor or joint labor-management organizations that promote a skilled workforce to install publicly available EVSE with high standards for quality and safety.
Use of funds— An entity receiving a grant under this subsection shall only use the funds in accordance with this paragraph to contract with a private entity for acquisition and installation of publicly available EVSE that is directly related to the charging of light-, medium-, and heavy-duty vehicles.
Frontline, vulnerable, and disadvantaged communities— Of the total amounts made available to carry out the program for each fiscal year under this subsection, not less than 50 percent shall be used for eligible projects located in frontline, vulnerable, and disadvantaged communities.
Eligible entity defined— In this subsection, the term “eligible entity” means—
a State;
a unit of local government;
a transit agency;
a port authority;
an Indian tribe (as such term is defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304));
a for-profit business enterprise or non-profit organization; and
a group of entities described in subparagraphs (A) through (F).
Requirements— The following requirements apply with respect to the construction of new publicily available EVSE along eligible roads:
Charging infrastructure placement— The distance between publicly available EVSE shall be such that—
a light-, medium-, and heavy-duty electric vehicle driver starting at any point along an eligible road in the continental United States can drive to any other point along an eligible road within the continental United States without running out of charging power; and
a light-, medium-, and heavy-duty electric vehicle driver starting at any point along an eligible road within Hawaii, Alaska, or Puerto Rico can drive to any other point along an eligible within that same State or territory without running out of charging power.
Charging speed—
In general— Charging speed minimum standards maybe set by the Secretary of Transportation and evaluated every 2 years until the feasible speed of charging standard meets or exceeds the equivalency of average internal combustion vehicle refueling times.
Update— The Secretary of Transportation may update the minimum standards set under paragraph (1) after an evaluation described in such subparagraph. In evaluating and developing updates to the minimum standards set under paragraph (1), the Secretary of Transportation and the Secretary of Energy shall also consider how updated minimum standards—
impact the electric grid;
impact the cost to operate a charging station; and
other criteria as determined by the Secretary of Transportation and Secretary of Energy.
Interoperability— Federal funds provided by this Act may not be used to construct any publicly available EVSE that has the ability to serve vehicle produced by only one vehicle manufacturer.
Agreement to maintain— Each recipient of support under this section shall enter into an agreement with the Secretary to maintain the publicly available EVSE for not less than 5 years after the date on which the eligible entity receive support.
Payment methods— Payment methods are implemented that ensure secure, convenient, fair, and equal access, such as with credit card readers and the display of toll-free calling information for credit card payment or support, as well as the protection of personal privacy and cybersecurity.
Provision of information— Information on publicly available EVSE location, station operator contact information, number of simultaneous refueling positions, pricing, and real-time availability shall be made publicly available and easily accessible, including through applicable mapping applications.
ADA— Publicly available EVSE shall be accessible in compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
Buy America and wage requirements—
Buy America— The construction of publicly available EVSE shall prioritize the need for high domestic content by observing the following Buy America provisions:
None of the funds appropriated or otherwise made available by this Act may be used for a project for the construction, alteration, maintenance, or repair of publicly available EVSE unless all of the iron, steel, and manufactured goods used in the project are produced in the United States.
Clause (i) shall not apply in any case or category of cases in which the head of the Federal department or agency involved finds that—
applying clause (i) would be inconsistent with the public interest;
iron, steel, and the relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or
inclusion of iron, steel, and manufactured goods produced in the United States will increase the cost of an overall project by more than 25 percent.
If the head of a Federal department or agency determines that it is necessary to waive the application of this subparagraph based on a finding under subparagraph (B), the head of the department or agency shall publish in the Federal Register a detailed written justification as to why the provision is being waived.
This paragraph shall be applied in a manner consistent with United States obligations under international agreements.
Wage rate requirement— The Secretary of Transportation and the Secretary of Energy shall require that each recipient of support under this section provide reasonable assurance that all laborers and mechanics employed in the performance of the project for which the assistance is provided, including those employed by contractors, subcontractors, or manufacturers of publicly available EVSE, will be paid wages at rates not less than those prevailing on similar work in the locality 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”).
Neutrality toward organized labor— All contractors and subcontractors in the performance of a project receiving support under this Act shall have—
an explicit policy of neutrality with regard to—
labor organizing for the employees of the entity, contractor or subcontractor employed in the performance of the eligible project; and
such employees’ choice to form and join labor organizations; and
policies that require—
the posting and maintenance of notices in the workplace to such employees of their rights under the National Labor Relations Act (29 U.S.C. 151 et seq.); and
that such employees are, at the beginning of their employment in the performance of the eligible project, provided notice and information regarding the employees’ rights under such Act.
Preference for local hiring— The contractor or subcontractor shall have explicit policies that provide a preference for local hiring, consistent with applicable Federal law and subject to rules issued by the Secretary of Labor.
Employee classification— All contractors and subcontractors in the performance of a project receiving support under this Act, shall consider an individual performing any service in such performance as an employee (and not an independent contractor) of the entity, contractor, or subcontractor, respectively, unless—
the individual is free from control and direction in connection with the performance of the service, both under the contract for the performance of the service and in fact;
the service is performed outside the usual course of the business of the entity, contractor, or subcontractor, respectively; and
the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in such service.
Utilization of qualified electricians on electric charging infrastructure—
Requirement— All construction and placement work of publicly available EVSE assisted, in whole or in part, under this Act shall be performed entirely by qualified electricians.
Reporting—
In general— Prior to commencing work on a publicly available EVSE project described in subsection (e)(1), the contractor shall certify to the recipient of assistance that the contractor and all its subcontractors shall comply with the requirements of this subsection.
Periodic reporting— While the project is ongoing, the contractor shall submit to the recipient of assistance periodic reports listing the location of the project, name of each qualified electrician on the project and the electrician’s Electric Vehicle Infrastructure Training Program certification number.
Maintenance of records— The contractor and subcontractors shall maintain all personnel records relating to the requirements of this paragraph for a period of at least 3 years after final completion of the work.
Submission to Secretary— The contractor shall immediately submit, upon request by the Secretary of Transportation or Secretary of Energy, the documents described in this paragraph.
False or misleading information— If a recipient of assistance, Secretary of Transportation, or Secretary of Energy determines that any of the information described in this paragraph contains false or misleading information that was provided knowingly or with reckless disregard for the truth, or omits information that was omitted knowingly or with reckless disregard of the truth, the contractor or subcontractor for which the information was submitted shall be prohibited from performing work on projects described in subsection (e)(1) for a period of five years, and shall be further subject to penalties and sanctions, including contract termination.
Misrepresentation or omission— Any misrepresentation or omission included in the reporting required by this paragraph shall constitute a false record or statement material to a false or fraudulent claim for purposes of subchapter III of chapter 37 of title 31, U.S. Code.
Enforcement—
In general— If a recipient of assistance determines, upon receipt of a complaint or its own initiative, that a project described in subsection (e)(1) is not being carried out in accordance with the requirements of this subsection, the recipient shall withhold from or require the payment by the contractor of a penalty, in the amount of not less than $5,000 but not more than $10,000, depending on the severity of the violation and the compliance history of the contractor. Such violations shall be grounds for contract termination.
Liability— Contractors shall be jointly and severally liable for any violation committed by a subcontractor under this subsection.
Prohibition— Contractors and subcontractors that violate this subsection shall be prohibited from performing work on projects described in subsection (e)(1) for a period of 5 years.
6. Authorization of appropriations
There is authorized to be appropriated—
for carrying out section 3, such sums as may be necessary, to be available until expended;
for carrying out section 4, such sums as may be necessary, to be available until expended; and
for carrying out section 5, such sums as may be necessary, to be available until expended.