II 117TH CONGRESS 1ST SESSION S. 493 To amend the Internal Revenue Code of 1986 to provide for the issuance of exempt facility bonds for zero-emission vehicle infrastructure. IN THE SENATE OF THE UNITED STATES MARCH 1, 2021 Ms. CORTEZ MASTO (for herself, Ms. SMITH, and Ms. ROSEN) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide for the issuance of exempt facility bonds for zero-emis- sion vehicle infrastructure. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. EXEMPT FACILITY BONDS FOR ZERO-EMISSION 3 VEHICLE INFRASTRUCTURE. 4 (a) IN GENERAL.—Section 142 of the Internal Rev- 5 enue Code of 1986 is amended— 6 (1) in subsection (a)— 7 (A) in paragraph (14), by striking ‘‘or’’ at 8 the end; 9 VerDate Sep 11 2014 03:36 Mar 20, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S493.IS S493 kjohnson on DSK79L0C42PROD with BILLS 2 •S 493 IS (B) in paragraph (15), by striking the pe- 1 riod at the end and inserting ‘‘, or’’; and 2 (C) by adding at the end the following new 3 paragraph: 4 ‘‘(16) zero-emission vehicle infrastructure.’’; 5 and 6 (2) by adding at the end the following new sub- 7 section: 8 ‘‘(n) ZERO-EMISSION VEHICLE INFRASTRUCTURE.— 9 ‘‘(1) IN GENERAL.—For purposes of subsection 10 (a)(16), the term ‘zero-emission vehicle infrastruc- 11 ture’ means any property (not including a building 12 and its structural components) if such property is— 13 ‘‘(A) made available for use by members of 14 the general public, and 15 ‘‘(B) used to charge or fuel zero-emissions 16 vehicles, but only if the property is located at 17 the point where the vehicles are charged or 18 fueled. 19 ‘‘(2) INCLUSION OF UTILITY SERVICE CONNEC- 20 TIONS.—The term ‘zero-emission vehicle infrastruc- 21 ture’ shall include any utility service connections, 22 utility panel upgrades, or contributions in aid of con- 23 struction (as described in section 118) which are re- 24 VerDate Sep 11 2014 03:36 Mar 20, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S493.IS S493 kjohnson on DSK79L0C42PROD with BILLS 3 •S 493 IS quired for the charging or fueling of zero-emissions 1 vehicles. 2 ‘‘(3) ZERO-EMISSIONS VEHICLE.— 3 ‘‘(A) IN GENERAL.—The term ‘zero-emis- 4 sions vehicle’ means— 5 ‘‘(i) a zero-emission vehicle as defined 6 in section 88.102–94 of title 40, Code of 7 Federal Regulations (as in effect on the 8 date of enactment of this subsection), or 9 ‘‘(ii) a vehicle that, under any possible 10 operational modes and conditions, produces 11 zero exhaust emissions of— 12 ‘‘(I) any criteria pollutant for 13 which there are national ambient air 14 quality standards under section 109 15 of the Clean Air Act (42 U.S.C. 7409) 16 or precursor pollutant, or 17 ‘‘(II) any greenhouse gas. 18 ‘‘(B) GREENHOUSE GAS.—For purposes of 19 this paragraph, the term ‘greenhouse gas’ 20 means any of the following: 21 ‘‘(i) Carbon dioxide. 22 ‘‘(ii) Methane. 23 ‘‘(iii) Nitrous oxide. 24 ‘‘(iv) Hydrofluorocarbons. 25 VerDate Sep 11 2014 03:36 Mar 20, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S493.IS S493 kjohnson on DSK79L0C42PROD with BILLS 4 •S 493 IS ‘‘(v) Perfluorocarbons. 1 ‘‘(vi) Sulfur hexafluoride. 2 ‘‘(4) ZERO-EMISSIONS VEHICLE INFRASTRUC- 3 TURE LOCATED WITHIN OTHER FACILITIES OR 4 PROJECTS.—For purposes of subsection (a), any 5 zero-emission vehicle infrastructure located within— 6 ‘‘(A) a facility or project described in sub- 7 section (a), or 8 ‘‘(B) an area adjacent to a facility or 9 project described in subsection (a) that pri- 10 marily serves vehicles traveling to or from such 11 facility or project, 12 shall be treated as described in the paragraph in 13 which such facility or project is described.’’. 14 (b) EFFECTIVE DATE.—The amendments made by 15 this section shall apply to obligations issued after Decem- 16 ber 31, 2021. 17 Æ VerDate Sep 11 2014 03:36 Mar 20, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S493.IS S493 kjohnson on DSK79L0C42PROD with BILLS