Clean Corridors Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 2012 To amend title 23, United States Code, to establish a grant program for the installation of electric vehicle charging infrastructure and hydrogen fueling infrastructure along the National Highway System, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 18, 2021 Mr. DESAULNIER introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 23, United States Code, to establish a grant program for the installation of electric vehicle charging infrastructure and hydrogen fueling infrastructure along the National Highway System, 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 ‘‘Clean Corridors Act 4 of 2021’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 VerDate Sep 11 2014 03:15 May 15, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2012.IH H2012 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 2012 IH (1) Greater adoption of zero emission vehicles 1 will help— 2 (A) reduce emissions and improve air qual- 3 ity; 4 (B) enhance the energy security of the 5 United States by expanding the use of zero 6 emission fuels; 7 (C) enhance fuel choice and utilization of 8 electric vehicle charging infrastructure and hy- 9 drogen fueling infrastructure in order to benefit 10 consumers; 11 (D) ensure that the transportation infra- 12 structure of the United States is equipped to 13 manage the demands and anticipated future 14 needs of the economy; and 15 (E) develop a new economic sector in the 16 United States that will create middle class jobs. 17 (2) Consumer and business adoption of zero 18 emission vehicles depends in part on the availability 19 of reliable and convenient fueling and charging in- 20 frastructure. 21 (3) Electric vehicle charging infrastructure and 22 hydrogen fueling infrastructure must be strategically 23 deployed to ensure the deployment and adoption of 24 zero emission fuels. 25 VerDate Sep 11 2014 03:15 May 15, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2012.IH H2012 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 2012 IH (4) Infrastructure owners and operators should 1 prepare to meet the charging and fueling needs of 2 electric vehicles and hydrogen vehicles. 3 SEC. 3. GRANTS FOR CHARGING AND FUELING INFRA- 4 STRUCTURE TO MODERNIZE AND RECON- 5 NECT AMERICA FOR THE 21ST CENTURY. 6 Section 151 of title 23, United States Code, is 7 amended— 8 (1) in subsection (a), by striking ‘‘Not later 9 than 1 year after the date of enactment of the 10 FAST Act, the Secretary shall’’ and inserting ‘‘The 11 Secretary shall periodically, not less frequently than 12 every 3 years,’’; 13 (2) in subsection (b)(2), by inserting ‘‘pre- 14 viously designated by the Federal Highway Adminis- 15 tration or’’ before ‘‘designated by’’; 16 (3) in subsection (d)— 17 (A) by striking ‘‘5 years after the date of 18 establishment of the corridors under subsection 19 (a), and every 5 years thereafter,’’ and insert- 20 ing ‘‘180 days after the date of enactment of 21 the Clean Corridors Act of 2021,’’; and 22 (B) by striking ‘‘update’’ and inserting 23 ‘‘establish a recurring process, not less fre- 24 quently than every 3 years, to update’’; 25 VerDate Sep 11 2014 03:15 May 15, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2012.IH H2012 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 2012 IH (4) in subsection (e)— 1 (A) in paragraph (1), by striking ‘‘and’’ at 2 the end; 3 (B) in paragraph (2)— 4 (i) by striking ‘‘establishes an aspira- 5 tional goal of achieving’’ and inserting ‘‘de- 6 scribes efforts, including through funds 7 awarded through the grant program under 8 subsection (f), that will aid efforts to 9 achieve’’; and 10 (ii) by striking ‘‘by the end of fiscal 11 year 2020.’’ and inserting ‘‘; and’’; and 12 (C) by adding at the end the following: 13 ‘‘(3) summarizes best practices and provides 14 guidance, developed through consultation with the 15 Secretary of Energy, for project development of elec- 16 tric vehicle charging infrastructure and hydrogen 17 fueling infrastructure at the State, Tribal, and local 18 level to allow for the predictable deployment of that 19 infrastructure.’’; and 20 (5) by adding at the end the following: 21 ‘‘(f) GRANT PROGRAM.— 22 ‘‘(1) ESTABLISHMENT.—Not later than 1 year 23 after the date of enactment of the Clean Corridors 24 Act of 2021, the Secretary shall establish a grant 25 VerDate Sep 11 2014 03:15 May 15, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2012.IH H2012 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 2012 IH program to award grants to eligible entities to carry 1 out the activities described in paragraph (5). 2 ‘‘(2) ELIGIBLE ENTITIES.—An entity eligible to 3 receive a grant under this subsection is— 4 ‘‘(A) a State or political subdivision of a 5 State; 6 ‘‘(B) a metropolitan planning organization; 7 ‘‘(C) a unit of local government; 8 ‘‘(D) a special purpose district or public 9 authority with a transportation function, includ- 10 ing a port authority; 11 ‘‘(E) an Indian tribe (as defined in section 12 4 of the Indian Self-Determination and Edu- 13 cation Assistance Act (25 U.S.C. 5304)); 14 ‘‘(F) an authority, agency, or instrumen- 15 tality of, or an entity owned by, 1 or more enti- 16 ties described in subparagraphs (A) through 17 (E); or 18 ‘‘(G) a group of entities described in sub- 19 paragraphs (A) through (F). 20 ‘‘(3) APPLICATIONS.—To be eligible to receive a 21 grant under this subsection, an eligible entity shall 22 submit to the Secretary an application at such time, 23 in such manner, and containing such information as 24 the Secretary shall require. 25 VerDate Sep 11 2014 03:15 May 15, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2012.IH H2012 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 2012 IH ‘‘(4) APPLICATION INFORMATION.—In making 1 requirements for applications under paragraph (3), 2 the Secretary may require information including a 3 description of how the eligible entity has consid- 4 ered— 5 ‘‘(A) public accessibility of charging or 6 fueling infrastructure proposed to be funded 7 with a grant under this subsection, including— 8 ‘‘(i) charging or fueling connector 9 types and publicly available information on 10 station location, station operator contact 11 information, number of simultaneous re- 12 fueling positions, and real-time availability; 13 and 14 ‘‘(ii) payment methods to ensure se- 15 cure, convenient, fair, and equal access; 16 ‘‘(B) collaborative engagement with stake- 17 holders (including automobile manufacturers, 18 utilities, infrastructure providers, technology 19 providers, zero emission fuel providers, metro- 20 politan planning organizations, States, Indian 21 tribes, units of local governments, fleet owners, 22 fleet managers, fuel station owners and opera- 23 tors, labor organizations, infrastructure con- 24 VerDate Sep 11 2014 03:15 May 15, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2012.IH H2012 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 2012 IH struction and component parts suppliers, and 1 multi-State and regional entities)— 2 ‘‘(i) to foster enhanced, coordinated, 3 public-private or private investment in elec- 4 tric vehicle charging infrastructure and hy- 5 drogen fueling infrastructure; 6 ‘‘(ii) to expand deployment of electric 7 vehicle charging infrastructure and hydro- 8 gen fueling infrastructure; 9 ‘‘(iii) to protect personal privacy and 10 ensure cybersecurity; and 11 ‘‘(iv) to ensure that a properly trained 12 workforce is available to construct and in- 13 stall electric vehicle charging infrastructure 14 and hydrogen fueling infrastructure; 15 ‘‘(C) the location of the proposed station 16 or fueling site, including— 17 ‘‘(i) the availability of onsite amenities 18 for vehicle operators, including restrooms 19 or food facilities; 20 ‘‘(ii) access in compliance with the 21 Americans with Disabilities Act of 1990 22 (42 U.S.C. 12101 et seq.); and 23 ‘‘(iii) needs for expanded capacity in 24 the future to meet growth in demand; 25 VerDate Sep 11 2014 03:15 May 15, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2012.IH H2012 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 2012 IH ‘‘(D) infrastructure installation that can be 1 responsive to technology advancements, includ- 2 ing accommodating autonomous vehicles, future 3 electric charging and hydrogen fueling methods, 4 and new payment methods; and 5 ‘‘(E) the long-term operation and mainte- 6 nance of the electric vehicle charging infrastruc- 7 ture and hydrogen fueling infrastructure, in- 8 cluding consideration of the need for expanded 9 capacity resulting from increasing demand into 10 the future, to avoid stranded assets and protect 11 the investment of public funds in that infra- 12 structure. 13 ‘‘(5) CONSIDERATIONS.—In selecting eligible 14 entities to receive a grant under this subsection, the 15 Secretary shall consider the extent to which the ap- 16 plication of the eligible entity would— 17 ‘‘(A) improve alternative fueling corridor 18 networks by— 19 ‘‘(i) enabling a non-designated cor- 20 ridor to become a corridor-pending corridor 21 or a corridor-ready corridor; 22 ‘‘(ii) converting corridor-pending cor- 23 ridors to corridor-ready corridors; or 24 VerDate Sep 11 2014 03:15 May 15, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2012.IH H2012 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 2012 IH ‘‘(iii) in the case of corridor-ready cor- 1 ridors, providing redundancy— 2 ‘‘(I) to meet excess demand for 3 charging and fueling infrastructure; 4 or 5 ‘‘(II) to reduce congestion at ex- 6 isting charging and fueling infrastruc- 7 ture in high-traffic locations; 8 ‘‘(B) meet current or anticipated market 9 demands for charging or fueling infrastructure; 10 ‘‘(C) accelerate the adoption of electric and 11 hydrogen powered modes of transportation 12 through the establishment of new recharging 13 and refueling locations or the expansion of ex- 14 isting infrastructure constructed without Fed- 15 eral assistance; 16 ‘‘(D) support a long-term competitive mar- 17 ket for electric vehicle charging and hydrogen 18 fueling infrastructure; and 19 ‘‘(E) reduce greenhouse gas emissions in 20 established goods-movement corridors, locations 21 serving first- and last-mile freight near ports 22 and freight hubs, and locations that optimize 23 infrastructure networks and reduce hazardous 24 VerDate Sep 11 2014 03:15 May 15, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2012.IH H2012 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 2012 IH air pollutants in communities disproportionately 1 impacted by such pollutants. 2 ‘‘(6) USE OF FUNDS.— 3 ‘‘(A) IN GENERAL.—Except as provided in 4 subparagraphs (C) and (D), an eligible entity 5 receiving a grant under this subsection shall 6 only use the funds to contract with a private 7 entity for acquisition and installation of publicly 8 accessible electric vehicle charging infrastruc- 9 ture and hydrogen fueling infrastructure that is 10 directly related to the charging or fueling of a 11 vehicle in accordance with this paragraph. 12 ‘‘(B) LOCATION OF INFRASTRUCTURE.— 13 Any electric vehicle charging infrastructure or 14 hydrogen fueling infrastructure acquired and 15 installed with a grant under this subsection 16 shall be located along an alternative fuel cor- 17 ridor designated— 18 ‘‘(i) under this section, on the condi- 19 tion that any affected Indian tribes are 20 consulted before the designation; or 21 ‘‘(ii) by a State or group of States, in- 22 cluding the Regional Electric Vehicle West 23 Plan of the States of Arizona, Colorado, 24 Idaho, Montana, Nevada, New Mexico, 25 VerDate Sep 11 2014 03:15 May 15, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2012.IH H2012 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 2012 IH Utah, and Wyoming, on the condition that 1 any affected Indian tribes are consulted 2 before the designation. 3 ‘‘(C) OPERATING ASSISTANCE.— 4 ‘‘(i) IN GENERAL.—Subject to clauses 5 (ii) and (iii), an eligible entity that receives 6 a grant under this subsection may use a 7 portion of the funds to provide to a private 8 entity operating assistance for the first 5 9 years of operations after the installation of 10 electric vehicle charging infrastructure and 11 hydrogen fueling infrastructure while the 12 facility transitions to independent system 13 operations. 14 ‘‘(ii) INCLUSIONS.—Operating assist- 15 ance under this subparagraph shall be lim- 16 ited to costs allocable to operating and 17 maintaining the electric vehicle charging 18 infrastructure and hydrogen fueling infra- 19 structure and service, including costs asso- 20 ciated with labor, marketing, and adminis- 21 trative costs. 22 ‘‘(iii) LIMITATION.—Operating assist- 23 ance under this subparagraph may not ex- 24 ceed the amount of a contract under sub- 25 VerDate Sep 11 2014 03:15 May 15, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2012.IH H2012 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 2012 IH paragraph (A) to acquire and install pub- 1 licly accessible electric vehicle charging in- 2 frastructure and hydrogen fueling infra- 3 structure. 4 ‘‘(D) SIGNS.— 5 ‘‘(i) IN GENERAL.—Except as pro- 6 vided in clause (ii), an eligible entity that 7 receives a grant under this subsection may 8 use a portion of the funds to acquire and 9 install— 10 ‘‘(I) traffic control devices lo- 11 cated in the right-of-way to provide 12 directional information to electric ve- 13 hicle charging infrastructure and hy- 14 drogen fueling infrastructure ac- 15 quired, installed, or operated with the 16 grant; and 17 ‘‘(II) on-premises signs to pro- 18 vide information about electric vehicle 19 charging infrastructure and hydrogen 20 fueling infrastructure acquired, in- 21 stalled, or operated with a grant 22 under this subsection. 23 ‘‘(ii) LIMITATION ON AMOUNT.—The 24 amount of funds used to acquire and in- 25 VerDate Sep 11 2014 03:15 May 15, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2012.IH H2012 pbinns on DSKJLVW7X2PROD with BILLS 13 •HR 2012 IH stall traffic control devices and on-premises 1 signs under clause (i) may not exceed the 2 amount of a contract under subparagraph 3 (A) to acquire and install publicly acces- 4 sible charging or fueling infrastructure. 5 ‘‘(iii) NO NEW AUTHORITY CRE- 6 ATED.—Nothing in this subparagraph au- 7 thorizes an eligible entity that receives a 8 grant under this subsection to acquire and 9 install traffic control devices or on-prem- 10 ises si [Text truncated for display. 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