,i #aagth ,,congress #b;d ,session ,h4 ,r4 #iahb ,,in ,,the ,,house ,,of ,,representatives ,october #ad1 #bjbb,mr4 ,levin of ,michigan 7for himself1 ,mr4 ,suozzi1 ,mr4 ,khanna1 ,ms4 ,blunt ,rochester1 and ,mr4 ,grijalva7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committee on ,transportation and ,infrastructure1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to establish a national network of electric vehicle charging stations1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,electric ,vehicle ,freedom ,act or the ,,ev ,freedom ,act4 #b4 ,findings2 purpose2 definitions 7a7 ,findings ,congress finds the following3 7#a7 ,electric vehicles will play an important role in transitioning to a cleaner transportation system that protects ,americans' health and our planet4 ,according to the ,united ,states ,department of ,energy1 electric vehicles produce fewer emissions that contribute to climate change and smog than conventional vehicles44 7#b7 ,electric vehicles are becoming more popular among ,american consumers4 ,united ,states sales of electric vehicles increased #bg percent between #bjaf and #bjag1 and #ha percent between #bjag and #bjah1 achieving a record sales volume of #cfa1cjg units4 7#c7 ,access to electric vehicle charging stations is currently insufficient to meet consumer demand4 ,according to the ,national ,renewable ,energy ,laboratory1 two key areas of needed improvement in actual vehicle charging are speed 7reducing battery charging times7 and coverage 7having adequate and accessible charging stations74 7#d7 ,demand for publicly accessible electric vehicle chargers is projected to grow4 ,there are an estimated #da1hgh publicly available electric vehicle direct current fast charging stations 7,,dc ,fast and ,level #b7 with #aja1bif charging outlets available in the ,united ,states4 ,a report released in ,april #bjba by ,lawrence ,berkeley ,labs at the ,university of ,california-,berkley1 estimated that the number of ,,ev chargers required to support the accelerated transition necessary to meet ,,ghg was #h4a million public ,,ev charge points by #bjej4 7#e7 ,in ,august #bjbj1 cumulative ,u4,s4 plug-in electric vehicle sales reached #a4f million units4 ,in ,february #bjba1 #ec1bdg electric vehicles were sold in the ,united ,states1 a #fd4h-percent increase from the electric vehicle sales in ,february #bjbj4 7#f7 ,however1 ,china and the ,european ,union are exceeding the ,united ,states in the ,,ev manufacturing sector4 ,china is the world leader in total ,,ev production and total ,,ev sales2 #de percent of global electric vehicles were built and sold in ,china4 ,china also already produces the global majority of passenger ,e,vs 7#fj percent7 and is expected to produce #fe percent of global lithium-ion batteries by #bjba4 ,currently1 ,china has #g of the #aj largest lithium-ion mega-factories by production capacity1 while the ,united ,states only has one4 ,europe accounted for #bd percent of the global ,,ev fleet in #bjah4 ,in order for the ,united ,states to remain a competitor in auto manufacturing1 the ,u4,s4 must greatly increase investment in the infrastructure necessary for wide adoption of ,e,vs4 7#g7 ,americans demand the freedom to roam with their electric vehicle and convenient charging opportunities4 ,however1 failure to expand access to publicly accessible electric vehicle chargers will prevent the wider adoption of electric vehicles and1 therefore1 hinder progress towards a more sustainable transportation system4 ,according to a study produced by the ,michigan ,energy ,office and ,michigan ,state ,university1 limited charging infrastructure for electric vehicles has been one of the main barriers in adopting these vehicles4 7#h7 ,expediting the wider adoption of electric vehicles will require considerable changes to consumer behavior1 which will not be possible without the creation of necessary infrastructure4 ,according to a study produced by the ,transportation ,research ,board and ,national ,research ,council1 adoption and diffusion of new innovations can be a long-term1 complicated process that is especially slow for products that cost tens of thousands of dollars and where consumers have questions about infrastructure availability1 resale value1 and other variables1 and a perception of a lack of public charging infrastructure might hinder plug-in electric vehicle deployment44 ,thus1 greatly expanding access to publicly accessible electric vehicle chargers will be essential to changing consumer behavior radically and1 accordingly1 accelerating the wider adoption of electric vehicles4 7b7 ,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 experiences4 ,the implementation of this ,act will encourage the widespread adoption of light-1 medium-1 and heavy-duty electric vehicles by-- 7#a7 establishing a convenient system of charging networks2 7#b7 allowing drivers to charge vehicles more quickly2 and 7#c7 ensuring that vehicle charging is equitably accessible and reasonably priced1 enabling long-distance travel along eligible roads4 7c7 ,definitions ,in this ,act3 7#a7 ,contractor ,the term contractor means a general contractor or other lead or prime contractor on a project described in subsection 7e77#a74 7#b7 ,eligible road ,the term eligible road means a road that-- 7,a7 is part of the ,national ,highway ,system 7as such term is defined in section #aja of title #bc1 ,united ,states ,code72 and 7,b7 is a public road 7as such term is defined in section #aja of title #bc1 ,united ,states ,code74 7#c7 ,frontline and vulnerable community ,the term frontline and vulnerable community means a community-- 7,a7 in an area described in section #cja7;a7 of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cafa7;a772 and 7,b7 in which climate change1 pollution1 or environmental destruction have exacerbated systemic racial1 regional1 social1 environmental1 gender1 and economic injustices by disproportionately affecting ,black1 ,brown1 and ,indigenous peoples1 other communities of color1 migrant communities1 deindustrialized communities1 depopulated rural communities1 the poor1 low-income workers1 women1 the elderly1 the unhoused1 people with disability1 or youth4 7#d7 ,publicly available ,,evse 7,a7 ,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 to1 and accessible by1 the public for any period of time1 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 fee4 7,b7 ,exclusion ,the term publicly available ,,evse does not include-- 7i7 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 drivers2 and 7ii7 electric vehicle supply equipment and any associated parking spaces that are locked behind gates1 walls or obstructed in any manner to prevent a driver from charging their vehicle at a reasonable cost4 7#e7 ,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 certification4 7#f7 ,renewable energy source ,the term renewable energy source means a renewable source of generated energy1 including the following3 7,a7 ,solar1 including electricity4 7,b7 ,wind4 7,c7 ,ocean1 including tidal1 wave1 current1 and thermal4 7,d7 ,geothermal1 including electricity and heat pumps4 7,e7 ,new hydroelectric generation capacity achieved from increased efficiency or additions of new capacity-- 7i7 at an existing hydroelectric project2 and 7ii7 that was placed in service on or after ,january #a1 #aiii4 7,f7 ,hydrogen used in fuel cells or other non-combustion technologies4 7,g7 ,thermal energy generated by any of the sources described in subparagraphs 7,a7 through 7,f74 7#g7 ,subcontractor ,the term subcontractor means any person or company1 at any tier1 that performs some or all of the obligations of the contractor on a project described in subsection 7e77#a74 #c4 ,national network of electric vehicle charging stations along eligible roads 7a7 ,plan ,the ,secretary of ,transportation1 in coordination with the ,secretary of ,energy1 shall devise a plan to create a network of publicly available ,,evse along eligible roads4 7b7 ,submission ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,transportation1 in coordination with the ,secretary of ,energy1 shall submit the plan to the ,speaker of the ,house of ,representatives1 the minority leader of the ,house of ,representatives1 the majority leader of the ,senate1 the minority leader of the ,senate1 and the chairs and ranking members of-- 7#a7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 7#b7 the ,committee on ,environment and ,public ,works of the ,senate2 7#c7 the ,subcommittee on ,transportation1 ,housing and ,urban ,development1 and ,related ,agencies of the ,committee on ,appropriations of the ,house of ,representatives2 and 7#d7 the ,subcommittee on ,transportation1 ,housing and ,urban ,development1 and ,related ,agencies of the ,committee on ,appropriations of the ,senate4 7c7 ,considerations ,the ,secretary of ,transportation1 in coordination with the ,secretary of ,energy1 shall consider the following in developing the plan3 7#a7 ,the distance between publicly available ,,evse locations4 7#b7 ,connections to the electric grid1 including electric distribution upgrades that account for charging during peaking periods1 alignment with electric distribution interconnection processes1 and plans for the use of renewable energy sources to power charging and energy storage4 7#c7 ,the ability to incorporate technologies not yet invented or technically feasible1 or infrastructure that can allow the addition of new capabilities and functionalities as they become available4 7#d7 ,the number of publicly available ,,evse locations needed in the network and the number of charging stations at each publicly available ,,evse location1 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 placement4 7#e7 ,the placement of publicly available ,,evse within parking facilities and other locations1 including recommendations for promoting efficient dwell times based on best practices4 7#f7 ,the availability of onsite amenities for vehicle operators1 including restrooms or food facilities4 7#g7 ,the long-term operation and maintenance of publicly available ,,evse1 including consideration of the need for expanded capacity resulting from increasing demand into the future1 to avoid stranded assets and protect the investment of public funds in that infrastructure4 7#h7 ,a maximum distance for publicly available ,,evse placement off of eligible roads4 7#i7 ,existing private as well as national1 ,state1 local1 ,tribal1 and territorial government electric charging infrastructure incentives and programs1 including alternative fueling corridor networks4 7#aj7 ,existing labor or labor-management organizations that promote a skilled workforce to install publicly available ,,evse with high standards for quality and safety4 7#aa7 ,pricing transparency and payment options that encourages a consistent1 reliable1 secure1 convenient and equal access consumer charging and payment experience to all members of the public4 7#ab7 ,publicly available ,,evse placement and construction in or near frontline and vulnerable communities1 provided such placements benefit such communities and does not harm or displace community members4 7#ac7 ,adequate signage for users to identify publicly available ,,evse that ensures uniformity in providing road users direction to publicly available ,,evse locations4 7#ad7 ,existing ,,evse investments1 proposal or projects that are complementary towards the deployment of publicly available ,,evse under this ,act are not precluded by plan development4 7d7 ,consultations ,in developing the plan1 the ,secretary of ,transportation1 in coordination with the ,secretary of ,energy1 shall consult with stakeholders1 including the following3 7#a7 ,federal partners1 including the ,secretary of the ,interior and the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,state1 local1 ,tribal1 and territorial governments1 including ,state air quality and utility regulators4 7#c7 ,metropolitan planning organizations4 7#d7 ,unionized labor groups4 7#e7 ,environmental and environmental justice organizations4 7#f7 ,automobile and truck manufacturers4 7#g7 ,electric utilities4 7#h7 ,infrastructure providers4 7#i7 ,technology providers4 7#aj7 ,software and network services providers4 7#aa7 ,infrastructure construction and component parts suppliers4 7#ab7 ,multi-,state and regional entities4 7#ac7 ,fuel station owners and operators4 7#ad7 ,fleet owners4 7#ae7 ,fleet managers4 7#af7 ,other relevant stakeholders as identified by the ,secretary of ,transportation4 #d4 ,transportation research board report on financing the placement of electric vehicle chargers 7a7 ,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 instruments1 such as a revolving loan fund4 7b7 ,deadline ,the ,secretary shall submit to ,congress the study commissioned under subsection 7a7 not later than #b years after the date of enactment of this ,act4 #e4 ,establishment of network of electric vehicle chargers along eligible roads 7a7 ,plan implementation ,not later than #e years after the date of enactment of this ,act1 using the plan developed pursuant to section #c and the recommendations in the report described in section #d1 the ,secretary of ,transportation and the ,secretary of ,energy shall complete the establishment of a national network of publicly available ,,evse4 7b7 ,consultations ,in implementing the plan1 the ,secretary of ,transportation1 in coordination with the ,secretary of ,energy1 shall consult with stakeholders1 including the following3 7#a7 ,federal partners1 including the ,secretary of the ,interior and the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,state1 local1 ,tribal1 and territorial governments1 including state air quality and utility regulators4 7#c7 ,metropolitan planning organizations4 7#d7 ,unionized labor groups4 7#e7 ,environmental and environmental justice organizations4 7#f7 ,automobile and truck manufacturers4 7#g7 ,electric utilities4 7#h7 ,infrastructure providers4 7#i7 ,technology providers4 7#aj7 ,software and network services providers4 7#aa7 ,infrastructure construction and component parts suppliers4 7#ab7 ,multi-,state and regional entities4 7#ac7 ,fuel station owners and operators4 7#ad7 ,fleet owners4 7#ae7 ,fleet managers4 7#af7 ,other relevant stakeholders as identified by the ,secretary of ,energy and ,secretary of ,transportation4 7c7 ,grant program 7#a7 ,establishment ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,transportation shall establish a competitive grant program to award grants to eligible entities to implement the plan developed in section #c of this ,act4 7#b7 ,applications ,to be eligible to receive a grant under this subsection1 an eligible entity shall submit to the ,secretary of ,transportation an application at such time1 in such manner1 and containing such information as the ,secretary of ,transportation shall require4 7#c7 ,priority ,in selecting grant recipients1 the ,secretary of ,transportation shall give priority to-- 7,a7 applications consistent with the plan developed pursuant to section #c of this ,act2 7,b7 applications located in or near-- 7i7 a frontline and vulnerable community2 or 7ii7 an area identified as having disproportionately high adverse human health and environmental impacts on minority populations and low-income populations2 and 7,c7 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 safety4 7#d7 ,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-1 medium-1 and heavy-duty vehicles4 7#e7 ,frontline1 vulnerable1 and disadvantaged communities ,of the total amounts made available to carry out the program for each fiscal year under this subsection1 not less than #ej percent shall be used for eligible projects located in frontline1 vulnerable1 and disadvantaged communities4 7#f7 ,eligible entity defined ,in this subsection1 the term eligible entity means-- 7,a7 a ,state2 7,b7 a unit of local government2 7,c7 a transit agency2 7,d7 a port authority2 7,e7 an ,indian tribe 7as such term is defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd772 7,f7 a for-profit business enterprise or non-profit organization2 and 7,g7 a group of entities described in subparagraphs 7,a7 through 7,f74 7d7 ,requirements ,the following requirements apply with respect to the construction of new publicily available ,,evse along eligible roads3 7#a7 ,charging infrastructure placement ,the distance between publicly available ,,evse shall be such that-- 7,a7 a light-1 medium-1 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 power2 and 7,b7 a light-1 medium-1 and heavy-duty electric vehicle driver starting at any point along an eligible road within ,hawaii1 ,alaska1 or ,puerto ,rico can drive to any other point along an eligible within that same ,state or territory without running out of charging power4 7#b7 ,charging speed 7,a7 ,in general ,charging speed minimum standards maybe set by the ,secretary of ,transportation and evaluated every #b years until the feasible speed of charging standard meets or exceeds the equivalency of average internal combustion vehicle refueling times4 7,b7 ,update ,the ,secretary of ,transportation may update the minimum standards set under paragraph 7#a7 after an evaluation described in such subparagraph4 ,in evaluating and developing updates to the minimum standards set under paragraph 7#a71 the ,secretary of ,transportation and the ,secretary of ,energy shall also consider how updated minimum standards-- 7i7 impact the electric grid2 7ii7 impact the cost to operate a charging station2 and 7iii7 other criteria as determined by the ,secretary of ,transportation and ,secretary of ,energy4 7#c7 ,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 manufacturer4 7#d7 ,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 #e years after the date on which the eligible entity receive support4 7#e7 ,payment methods ,payment methods are implemented that ensure secure1 convenient1 fair1 and equal access1 such as with credit card readers and the display of toll-free calling information for credit card payment or support1 as well as the protection of personal privacy and cybersecurity4 7#f7 ,provision of information ,information on publicly available ,,evse location1 station operator contact information1 number of simultaneous refueling positions1 pricing1 and real-time availability shall be made publicly available and easily accessible1 including through applicable mapping applications4 7#g7 ,,ada ,publicly available ,,evse shall be accessible in compliance with the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq474 7#h7 ,buy ,america and wage requirements 7,a7 ,buy ,america ,the construction of publicly available ,,evse shall prioritize the need for high domestic content by observing the following ,buy ,america provisions3 7i7 ,none of the funds appropriated or otherwise made available by this ,act may be used for a project for the construction1 alteration1 maintenance1 or repair of publicly available ,,evse unless all of the iron1 steel1 and manufactured goods used in the project are produced in the ,united ,states4 7ii7 ,clause 7i7 shall not apply in any case or category of cases in which the head of the ,federal department or agency involved finds that-- 7,i7 applying clause 7i7 would be inconsistent with the public interest2 7,,ii7 iron1 steel1 and the relevant manufactured goods are not produced in the ,united ,states in sufficient and reasonably available quantities and of a satisfactory quality2 or 7,,iii7 inclusion of iron1 steel1 and manufactured goods produced in the ,united ,states will increase the cost of an overall project by more than #be percent4 7iii7 ,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 7,b71 the head of the department or agency shall publish in the ,federal ,register a detailed written justification as to why the provision is being waived4 7iv7 ,this paragraph shall be applied in a manner consistent with ,united ,states obligations under international agreements4 7,b7 ,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 provided1 including those employed by contractors1 subcontractors1 or manufacturers of publicly available ,,evse1 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 #ca of part ,a of subtitle ,,ii of title #dj1 ,united ,states ,code 7commonly referred to as the ,davis-,bacon ,act74 7,c7 ,neutrality toward organized labor ,all contractors and subcontractors in the performance of a project receiving support under this ,act shall have-- 7i7 an explicit policy of neutrality with regard to-- 7,i7 labor organizing for the employees of the entity1 contractor or subcontractor employed in the performance of the eligible project2 and 7,,ii7 such employees' choice to form and join labor organizations2 and 7ii7 policies that require-- 7,i7 the posting and maintenance of notices in the workplace to such employees of their rights under the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq472 and 7,,ii7 that such employees are1 at the beginning of their employment in the performance of the eligible project1 provided notice and information regarding the employees' rights under such ,act4 7,d7 ,preference for local hiring ,the contractor or subcontractor shall have explicit policies that provide a preference for local hiring1 consistent with applicable ,federal law and subject to rules issued by the ,secretary of ,labor4 7,e7 ,employee classification ,all contractors and subcontractors in the performance of a project receiving support under this ,act1 shall consider an individual performing any service in such performance as an employee 7and not an independent contractor7 of the entity1 contractor1 or subcontractor1 respectively1 unless-- 7i7 the individual is free from control and direction in connection with the performance of the service1 both under the contract for the performance of the service and in fact2 7ii7 the service is performed outside the usual course of the business of the entity1 contractor1 or subcontractor1 respectively2 and 7iii7 the individual is customarily engaged in an independently established trade1 occupation1 profession1 or business of the same nature as that involved in such service4 7e7 ,utilization of qualified electricians on electric charging infrastructure 7#a7 ,requirement ,all construction and placement work of publicly available ,,evse assisted1 in whole or in part1 under this ,act shall be performed entirely by qualified electricians4 7#b7 ,reporting 7,a7 ,in general ,prior to commencing work on a publicly available ,,evse project described in subsection 7e77#a71 the contractor shall certify to the recipient of assistance that the contractor and all its subcontractors shall comply with the requirements of this subsection4 7,b7 ,periodic reporting ,while the project is ongoing1 the contractor shall submit to the recipient of assistance periodic reports listing the location of the project1 name of each qualified electrician on the project and the electrician's ,electric ,vehicle ,infrastructure ,training ,program certification number4 7,c7 ,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 #c years after final completion of the work4 7,d7 ,submission to ,secretary ,the contractor shall immediately submit1 upon request by the ,secretary of ,transportation or ,secretary of ,energy1 the documents described in this paragraph4 7,e7 ,false or misleading information ,if a recipient of assistance1 ,secretary of ,transportation1 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 truth1 or omits information that was omitted knowingly or with reckless disregard of the truth1 the contractor or subcontractor for which the information was submitted shall be prohibited from performing work on projects described in subsection 7e77#a7 for a period of five years1 and shall be further subject to penalties and sanctions1 including contract termination4 7,f7 ,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 #cg of title #ca1 ,u4,s4 ,code4 7#c7 ,enforcement 7,a7 ,in general ,if a recipient of assistance determines1 upon receipt of a complaint or its own initiative1 that a project described in subsection 7e77#a7 is not being carried out in accordance with the requirements of this subsection1 the recipient shall withhold from or require the payment by the contractor of a penalty1 in the amount of not less than #e1jjj but not more than #aj1jjj1 depending on the severity of the violation and the compliance history of the contractor4 ,such violations shall be grounds for contract termination4 7,b7 ,liability ,contractors shall be jointly and severally liable for any violation committed by a subcontractor under this subsection4 7,c7 ,prohibition ,contractors and subcontractors that violate this subsection shall be prohibited from performing work on projects described in subsection 7e77#a7 for a period of #e years4 #f4 ,authorization of appropriations ,there is authorized to be appropriated-- 7#a7 for carrying out section #c1 such sums as may be necessary1 to be available until expended2 7#b7 for carrying out section #d1 such sums as may be necessary1 to be available until expended2 and 7#c7 for carrying out section #e1 such sums as may be necessary1 to be available until expended4