Green Spaces, Green Vehicles Act of 2021

II 117TH CONGRESS 1ST SESSION S. 504 To establish the Green Spaces, Green Vehicles Initiative to facilitate the installation of zero-emissions vehicle infrastructure on National Forest System land, National Park System land, and certain related land, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 1, 2021 Ms. CORTEZ MASTO (for herself, Ms. SMITH, Ms. STABENOW, Mr. MERKLEY, Ms. ROSEN, Ms. HIRONO, Mr. HEINRICH, and Mr. WYDEN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish the Green Spaces, Green Vehicles Initiative to facilitate the installation of zero-emissions vehicle infra- structure on National Forest System land, National Park System land, and certain related land, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Green Spaces, Green 4 Vehicles Act of 2021’’. 5 VerDate Sep 11 2014 00:18 Mar 31, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S504.IS S504 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 504 IS SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) APPROPRIATE AGENCY HEAD.—The term 3 ‘‘appropriate agency head’’ means— 4 (A) the Secretary of Agriculture, acting 5 through the Chief of the Forest Service, with 6 respect to National Forest System land; and 7 (B) the Secretary of the Interior, acting 8 through the Director of the National Park 9 Service, with respect to National Park System 10 land. 11 (2) APPROPRIATE COMMITTEES OF CON- 12 GRESS.—The term ‘‘appropriate committees of Con- 13 gress’’ means— 14 (A) the Committee on Energy and Com- 15 merce of the House of Representatives; 16 (B) the Committee on Natural Resources 17 of the House of Representatives; 18 (C) the Committee on Appropriations of 19 the House of Representatives; 20 (D) the Committee on Energy and Natural 21 Resources of the Senate; and 22 (E) the Committee on Appropriations of 23 the Senate. 24 (3) COVERED LAND.—The term ‘‘covered land’’ 25 means— 26 VerDate Sep 11 2014 00:18 Mar 31, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S504.IS S504 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 504 IS (A) National Forest System land; 1 (B) National Park System land; and 2 (C) any land, including land owned by a 3 unit of local government or Indian Tribe (as de- 4 fined in section 4 of the Indian Self-Determina- 5 tion and Education Assistance Act (25 U.S.C. 6 5304))— 7 (i) that is located not more than 25 8 miles from land described in subparagraph 9 (A) or (B); and 10 (ii) with respect to which the Sec- 11 retary or an appropriate agency head has 12 entered into an agreement with the owner 13 of the land for the installation of zero- 14 emissions vehicle infrastructure on the 15 land, after making a determination that 16 the infrastructure to be installed under the 17 agreement is related to providing zero- 18 emissions vehicles with access to land de- 19 scribed in subparagraph (A) or (B). 20 (4) SECRETARY.—The term ‘‘Secretary’’ means 21 the Secretary of Energy, acting through the Assist- 22 ant Secretary for Energy Efficiency and Renewable 23 Energy. 24 VerDate Sep 11 2014 00:18 Mar 31, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S504.IS S504 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 504 IS (5) ZERO-EMISSIONS VEHICLE INFRASTRUC- 1 TURE.—The term ‘‘zero-emissions vehicle infrastruc- 2 ture’’ means infrastructure used to charge or fuel a 3 zero-emissions vehicle. 4 (6) ZERO-EMISSIONS VEHICLE.—The term 5 ‘‘zero-emissions vehicle’’ means— 6 (A) a zero-emission vehicle (as defined in 7 section 88.102–94 of title 40, Code of Federal 8 Regulations (or successor regulations)); or 9 (B) a vehicle that produces zero exhaust 10 emissions of any criteria pollutant (or precursor 11 pollutant) or greenhouse gas under any possible 12 operational modes or conditions. 13 SEC. 3. ESTABLISHMENT OF GREEN SPACES, GREEN VEHI- 14 CLES INITIATIVE. 15 (a) ESTABLISHMENT.—The Secretary and the appro- 16 priate agency heads shall collaborate on an initiative, to 17 be known as the ‘‘Green Spaces, Green Vehicles Initia- 18 tive’’, to facilitate the installation and use of zero-emis- 19 sions vehicle infrastructure on covered land. 20 (b) DUTIES.—The Secretary and the appropriate 21 agency heads shall facilitate the installation and use of 22 zero-emissions vehicle infrastructure on covered land— 23 (1) by entering into agreements with public, 24 private, or nonprofit entities for the acquisition, in- 25 VerDate Sep 11 2014 00:18 Mar 31, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S504.IS S504 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 504 IS stallation, and operation, including use-fee proc- 1 essing and collection, on covered land of publicly ac- 2 cessible zero-emissions vehicle infrastructure that is 3 directly related to the charging or fueling of a vehi- 4 cle in accordance with this section; 5 (2) by acquiring, in coordination with the Ad- 6 ministrator of General Services, zero-emissions vehi- 7 cles, including shuttle vehicles, for the fleets of the 8 Forest Service and the National Park Service; 9 (3) by providing information to the public, in- 10 cluding by publishing a map on any relevant agency 11 website, regarding the availability of existing and 12 planned zero-emissions vehicle infrastructure on cov- 13 ered land; and 14 (4) by allowing for the use of charging infra- 15 structure by employees of the Forest Service and the 16 National Park Service to charge vehicles used by the 17 employees in commuting to or from work. 18 (c) REQUIREMENT.—In carrying out this section, the 19 Secretary and the appropriate agency heads shall ensure 20 that the installation and use of zero-emissions vehicle in- 21 frastructure on covered land— 22 (1) is consistent with— 23 VerDate Sep 11 2014 00:18 Mar 31, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S504.IS S504 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 504 IS (A) all rules established for the covered 1 land on which the zero-emissions vehicle infra- 2 structure is installed; 3 (B) any applicable general management 4 plan prepared under section 100502 of title 54, 5 United States Code, for that covered land; 6 (C) any applicable land and resource man- 7 agement plan developed under section 6 of the 8 Forest and Rangeland Renewable Resources 9 Planning Act of 1974 (16 U.S.C. 1604) for 10 that covered land; and 11 (D) any other organizing or other docu- 12 ment relating to the management of that cov- 13 ered land; and 14 (2) complies with all applicable laws relating to 15 the management of the covered land. 16 (d) CONSIDERATIONS.—In determining the location 17 for zero-emissions vehicle infrastructure acquired and in- 18 stalled on covered land under subsection (b), the Secretary 19 and the appropriate agency heads shall consider whether 20 a proposed location would— 21 (1) support the use of zero-emissions vehicles 22 by Federal fleets and visitors to Federal facilities; 23 VerDate Sep 11 2014 00:18 Mar 31, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S504.IS S504 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 504 IS (2) complement, to the extent feasible, alter- 1 native fueling corridor networks established under 2 section 151 of title 23, United States Code; 3 (3) meet current or anticipated market de- 4 mands for charging or fueling infrastructure; and 5 (4) enable or accelerate the construction of 6 charging or fueling infrastructure that would be un- 7 likely to be completed without Federal assistance. 8 (e) LOCATION OF INFRASTRUCTURE.—Any zero- 9 emissions vehicle infrastructure acquired, installed, or op- 10 erated under subsection (b) shall be located on covered 11 land. 12 (f) FUNDING.— 13 (1) AUTHORIZATION OF APPROPRIATIONS.— 14 There is authorized to be appropriated to carry out 15 this section $72,000,000 for each fiscal year. 16 (2) LIMITATIONS ON USE OF FUNDS.— 17 (A) FEDERAL FLEETS.—Not more than 20 18 percent of any funds appropriated to carry out 19 this section may be used to acquire zero-emis- 20 sions vehicles under subsection (b)(2). 21 (B) URBANIZED AREAS.—Not more than 22 30 percent of any funds appropriated to carry 23 out this section may be used to acquire, install, 24 or operate zero-emissions vehicle infrastructure 25 VerDate Sep 11 2014 00:18 Mar 31, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S504.IS S504 pbinns on DSKJLVW7X2PROD with BILLS 8 •S 504 IS in an urbanized area (as designated by the Bu- 1 reau of the Census). 2 (C) ADMINISTRATIVE COSTS.—Not more 3 than 2 percent of any funds appropriated to 4 carry out this section may be used for adminis- 5 trative costs. 6 SEC. 4. AGREEMENTS FOR SHUTTLE OR OTHER TRANSPOR- 7 TATION SERVICES ON NATIONAL FOREST 8 SYSTEM LAND AND NATIONAL PARK SYSTEM 9 LAND. 10 In entering into an agreement with an entity to pro- 11 vide shuttle or other transportation services on or to cov- 12 ered land, an appropriate agency head shall give priority 13 consideration to an entity that would provide the applica- 14 ble services using zero-emissions vehicles. 15 SEC. 5. ALTERNATIVE FUEL USE BY LIGHT DUTY FEDERAL 16 VEHICLES. 17 Section 400AA(a) of the Energy Policy and Con- 18 servation Act (42 U.S.C. 6374(a)) is amended by adding 19 at the end the following: 20 ‘‘(5) For purposes of making a determination 21 under paragraph (1) as to whether the acquisition of 22 alternative fueled vehicles is practicable for the fleet 23 of the Forest Service or the National Park Service, 24 the Secretary, in cooperation with the Secretary of 25 VerDate Sep 11 2014 00:18 Mar 31, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S504.IS S504 pbinns on DSKJLVW7X2PROD with BILLS 9 •S 504 IS Agriculture or the Secretary of the Interior, as ap- 1 plicable, shall take into account the availability on 2 National Forest System land or National Park Sys- 3 tem land, as applicable, of zero-emissions vehicle in- 4 frastructure (as defined in section 2 of the Green 5 Spaces, Green Vehicles Act of 2021) acquired and 6 installed under section 3 of the Green Spaces, Green 7 Vehicles Act of 2021. 8 ‘‘(6)(A) Notwithstanding any other provision of 9 law, the Secretary, in cooperation with the Secretary 10 of Agriculture or the Secretary of the Interior, as 11 applicable, shall develop a strategy to, by 2030, in- 12 crease the number of zero-emissions vehicles (as de- 13 fined in section 2 of the Green Spaces, Green Vehi- 14 cles Act of 2021) in the fleet and used in shuttle op- 15 erations of each of the Forest Service and the Na- 16 tional Park Service to the greater of— 17 ‘‘(i) a number that is equal to 125 percent 18 of the number of zero-emissions vehicles in the 19 fleet and shuttle operations of each agency on 20 the date of enactment of this paragraph; and 21 ‘‘(ii) a number that is equal to 25 percent 22 of all vehicles in the fleet and shuttle operations 23 of each agency. 24 VerDate Sep 11 2014 00:18 Mar 31, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S504.IS S504 pbinns on DSKJLVW7X2PROD with BILLS 10 •S 504 IS ‘‘(B) The strategy developed under subpara- 1 graph (A) shall be updated not less frequently than 2 once every 2 years.’’. 3 SEC. 6. REPORT. 4 Not later than 2 years after the date of enactment 5 of this Act, and biennially thereafter, the Secretary and 6 the appropriate agency heads shall submit to the appro- 7 priate committees of Congress a report that describes— 8 (1) the location of— 9 (A) any zero-emissions vehicle infrastruc- 10 ture acquired, installed, or operated, or planned 11 to be acquired, installed, or operated, under sec- 12 tion 3(b)(1); and 13 (B) any zero-emissions vehicles acquired 14 for the fleet of the Forest Service or the Na- 15 tional Park Service under section 3(b)(2); 16 (2) the amount of Federal funds expended to 17 carry out each duty under section 3(b); 18 (3) any allocation of costs or benefits between 19 the Federal Government and private or nonprofit en- 20 tities under an agreement entered into by the Sec- 21 retary or the appropriate agency heads under section 22 3(b)(1); 23 (4) the justifications for the expenditure of 24 funds to carry out section 3 during the period cov- 25 VerDate Sep 11 2014 00:18 Mar 31, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S504.IS S504 pbinns on DSKJLVW7X2PROD with BILLS 11 •S 504 IS ered by the report, including, with respect to any 1 zero-emissions vehicle infrastructure installed during 2 the period covered by the report, an analysis of each 3 of the considerations under section 3(d); 4 (5) if applicable, any challenges in acquiring the 5 necessary workforce to install, operate, or main- 6 tain— 7 (A) any zero-emissions vehicle infrastruc- 8 ture acquired, installed, or operated, or planned 9 to be acquired, installed, or operated, under sec- 10 tion 3(b)(1); and 11 (B) any zero-emissions vehicles acquired 12 for the fleet of the Forest Service or the Na- 13 tional Park Service under section 3(b)(2); 14 (6) with respect to each agreement for shuttle 15 or other transportation services on or to covered 16 land entered into by an appropriate agency head 17 during the period covered by the report, how the ap- 18 propriate agency head complied with the require- 19 ments of section 4; 20 (7) the strategy developed under paragraph 21 (6)(A) of section 400AA(a) of the Energy Policy and 22 Conservation Act (42 U.S.C. 6374(a)) (including 23 any updates to the strategy under paragraph (6)(B) 24 of that section); and 25 VerDate Sep 11 2014 00:18 Mar 31, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S504.IS S504 pbinns on DSKJLVW7X2PROD with BILLS 12 •S 504 IS (8) any recommendations of the Secretary with 1 respect to any additional funding or authority need- 2 ed to carry out paragraph (6) of section 400AA(a) 3 of the Energy Policy and Conservation Act (42 4 U.S.C. 6374(a)). 5 Æ VerDate Sep 11 2014 00:18 Mar 31, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\S504.IS S504 pbinns on DSKJLVW7X2PROD with BILLS