NO EXHAUST Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 2852 To promote the domestic manufacture and use of advanced, fuel-efficient vehicles and zero-emission vehicles, encourage electrification of the trans- portation sector, create jobs, and improve air quality, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 26, 2021 Mr. RUSH introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Over- sight and Reform, and Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consider- ation of such provisions as fall within the jurisdiction of the committee concerned A BILL To promote the domestic manufacture and use of advanced, fuel-efficient vehicles and zero-emission vehicles, encour- age electrification of the transportation sector, create jobs, and improve air quality, 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 ‘‘New Opportunities to 4 Expand Healthy Air Using Sustainable Transportation 5 Act of 2021’’ or the ‘‘NO EXHAUST Act of 2021’’. 6 VerDate Sep 11 2014 16:28 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2852.IH H2852 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 2852 IH TITLE I—ELECTRIC VEHICLE 1 INFRASTRUCTURE 2 SEC. 101. DEFINITIONS. 3 In this title: 4 (1) ELECTRIC VEHICLE SUPPLY EQUIPMENT.— 5 The term ‘‘electric vehicle supply equipment’’ means 6 any conductors, including ungrounded, grounded, 7 and equipment grounding conductors, electric vehicle 8 connectors, attachment plugs, and all other fittings, 9 devices, power outlets, or apparatuses installed spe- 10 cifically for the purpose of delivering energy to an 11 electric vehicle. 12 (2) SECRETARY.—The term ‘‘Secretary’’ means 13 the Secretary of Energy. 14 (3) UNDERSERVED OR DISADVANTAGED COM- 15 MUNITY.—The term ‘‘underserved or disadvantaged 16 community’’ means— 17 (A) a community located in a ZIP code 18 that includes a census tract that is identified 19 as— 20 (i) a low-income community; or 21 (ii) a community of color; 22 (B) a community in which climate change, 23 pollution, or environmental destruction have ex- 24 acerbated systemic racial, regional, social, envi- 25 VerDate Sep 11 2014 16:28 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2852.IH H2852 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 2852 IH ronmental, and economic injustices by dis- 1 proportionately affecting indigenous peoples, 2 communities of color, migrant communities, 3 deindustrialized communities, depopulated rural 4 communities, the poor, low-income workers, 5 women, the elderly, the unhoused, people with 6 disabilities, or youth; or 7 (C) any other community that the Sec- 8 retary determines is disproportionately vulner- 9 able to, or bears a disproportionate burden of, 10 any combination of economic, social, and envi- 11 ronmental stressors. 12 SEC. 102. ELECTRIC VEHICLE SUPPLY EQUIPMENT REBATE 13 PROGRAM. 14 (a) REBATE PROGRAM.—Not later than January 1, 15 2022, the Secretary shall establish a rebate program to 16 provide rebates for covered expenses associated with pub- 17 licly accessible electric vehicle supply equipment (in this 18 section referred to as the ‘‘rebate program’’). 19 (b) REBATE PROGRAM REQUIREMENTS.— 20 (1) ELIGIBLE ENTITIES.—A rebate under the 21 rebate program may be made to an individual, a 22 State, local, Tribal, or Territorial government, a pri- 23 vate entity, a not-for-profit entity, a nonprofit entity, 24 or a metropolitan planning organization. 25 VerDate Sep 11 2014 16:28 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2852.IH H2852 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 2852 IH (2) ELIGIBLE EQUIPMENT.— 1 (A) IN GENERAL.—Not later than 180 2 days after the date of the enactment of this 3 Act, the Secretary shall publish and maintain 4 on the Department of Energy internet website 5 a list of electric vehicle supply equipment that 6 is eligible for the rebate program. 7 (B) UPDATES.—The Secretary may, by 8 regulation, add to, or otherwise revise, the list 9 of electric vehicle supply equipment under sub- 10 paragraph (A) if the Secretary determines that 11 such addition or revision will likely lead to— 12 (i) greater usage of electric vehicle 13 supply equipment; 14 (ii) greater access to electric vehicle 15 supply equipment by users; or 16 (iii) an improved experience for users 17 of electric vehicle supply equipment, in- 18 cluding accessibility in compliance with the 19 Americans with Disabilities Act of 1990 20 (42 U.S.C. 12101 et seq.). 21 (C) LOCATION REQUIREMENT.—To be eli- 22 gible for the rebate program, the electric vehicle 23 supply equipment described in subparagraph 24 (A) shall be installed— 25 VerDate Sep 11 2014 16:28 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2852.IH H2852 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 2852 IH (i) in the United States; 1 (ii) on property— 2 (I) owned by the eligible entity 3 under paragraph (1); or 4 (II) on which the eligible entity 5 under paragraph (1) has authority to 6 install electric vehicle supply equip- 7 ment; and 8 (iii) at a location that is— 9 (I) a multi-unit housing struc- 10 ture; 11 (II) a workplace; 12 (III) a commercial location; or 13 (IV) open to the public for a 14 minimum of 12 hours per day. 15 (3) APPLICATION.— 16 (A) IN GENERAL.—An eligible entity under 17 paragraph (1) may submit to the Secretary an 18 application for a rebate under the rebate pro- 19 gram. Such application shall include— 20 (i) the estimated cost of covered ex- 21 penses to be expended on the electric vehi- 22 cle supply equipment that is eligible under 23 paragraph (2); 24 VerDate Sep 11 2014 16:28 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2852.IH H2852 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 2852 IH (ii) the estimated installation cost of 1 the electric vehicle supply equipment that 2 is eligible under paragraph (2); 3 (iii) the global positioning system lo- 4 cation, including the integer number of de- 5 grees, minutes, and seconds, where such 6 electric vehicle supply equipment is to be 7 installed, and identification of whether 8 such location is— 9 (I) a multi-unit housing struc- 10 ture; 11 (II) a workplace; 12 (III) a commercial location; or 13 (IV) open to the public for a 14 minimum of 12 hours per day; 15 (iv) the technical specifications of 16 such electric vehicle supply equipment, in- 17 cluding the maximum power voltage and 18 amperage of such equipment; 19 (v) an identification of any existing 20 electric vehicle supply equipment that— 21 (I) is available to the public for a 22 minimum of 12 hours per day; and 23 (II) is not further than 50 miles 24 from the global positioning system lo- 25 VerDate Sep 11 2014 16:28 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2852.IH H2852 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 2852 IH cation identified under clause (iii); 1 and 2 (vi) any other information determined 3 by the Secretary to be necessary for a com- 4 plete application. 5 (B) REVIEW PROCESS.—The Secretary 6 shall review an application for a rebate under 7 the rebate program and approve an eligible en- 8 tity under paragraph (1) to receive such rebate 9 if the application meets the requirements of the 10 rebate program under this subsection. 11 (C) NOTIFICATION TO ELIGIBLE ENTITY.— 12 Not later than 1 year after the date on which 13 the eligible entity under paragraph (1) applies 14 for a rebate under the rebate program, the Sec- 15 retary shall notify the eligible entity whether 16 the eligible entity will be awarded a rebate 17 under the rebate program following the submis- 18 sion of additional materials required under 19 paragraph (5). 20 (4) REBATE AMOUNT.— 21 (A) IN GENERAL.—Except as provided in 22 subparagraph (B), the amount of a rebate made 23 under the rebate program for each charging 24 unit shall be the lesser of— 25 VerDate Sep 11 2014 16:28 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2852.IH H2852 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 2852 IH (i) 75 percent of the applicable cov- 1 ered expenses; 2 (ii) $2,000 for covered expenses asso- 3 ciated with the purchase and installation of 4 non-networked level 2 charging equipment; 5 (iii) $4,000 for covered expenses asso- 6 ciated with the purchase and installation of 7 networked level 2 charging equipment; or 8 (iv) $100,000 for covered expenses as- 9 sociated with the purchase and installation 10 of networked direct current fast charging 11 equipment. 12 (B) REBATE AMOUNT FOR REPLACEMENT 13 EQUIPMENT.—A rebate made under the rebate 14 program for replacement of pre-existing electric 15 vehicle supply equipment at a single location 16 shall be the lesser of— 17 (i) 75 percent of the applicable cov- 18 ered expenses; 19 (ii) $1,000 for covered expenses asso- 20 ciated with the purchase and installation of 21 non-networked level 2 charging equipment; 22 (iii) $2,000 for covered expenses asso- 23 ciated with the purchase and installation of 24 networked level 2 charging equipment; or 25 VerDate Sep 11 2014 16:28 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2852.IH H2852 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 2852 IH (iv) $25,000 for covered expenses as- 1 sociated with the purchase and installation 2 of networked direct current fast charging 3 equipment. 4 (5) DISBURSEMENT OF REBATE.— 5 (A) IN GENERAL.—The Secretary shall 6 disburse a rebate under the rebate program to 7 an eligible entity under paragraph (1), following 8 approval of an application under paragraph (3), 9 if such entity submits the materials required 10 under subparagraph (B). 11 (B) MATERIALS REQUIRED FOR DISBURSE- 12 MENT OF REBATE.—Not later than one year 13 after the date on which the eligible entity under 14 paragraph (1) receives notice under paragraph 15 (3)(C) that the eligible entity has been ap- 16 proved for a rebate, such eligible entity shall 17 submit to the Secretary the following— 18 (i) a record of payment for covered 19 expenses expended on the installation of 20 the electric vehicle supply equipment that 21 is eligible under paragraph (2); 22 (ii) a record of payment for the elec- 23 tric vehicle supply equipment that is eligi- 24 ble under paragraph (2); 25 VerDate Sep 11 2014 16:28 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2852.IH H2852 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 2852 IH (iii) the global positioning system lo- 1 cation of where such electric vehicle supply 2 equipment was installed and identification 3 of whether such location is— 4 (I) a multi-unit housing struc- 5 ture; 6 (II) a workplace; 7 (III) a commercial location; or 8 (IV) open to the public for a 9 minimum of 12 hours per day; 10 (iv) the technical specifications of the 11 electric vehicle supply equipment that is el- 12 igible under paragraph (2), including the 13 maximum power voltage and amperage of 14 such equipment; and 15 (v) any other information determined 16 by the Secretary to be necessary. 17 (C) AGREEMENT TO MAINTAIN.—To be eli- 18 gible for a rebate under the rebate program, an 19 eligible entity under paragraph (1) shall enter 20 into an agreement with the Secretary to main- 21 tain the electric vehicle supply equipment that 22 is eligible under paragraph (2) in a satisfactory 23 manner for not less than 5 years after the date 24 VerDate Sep 11 2014 16:28 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2852.IH H2852 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 2852 IH on which the eligible entity under paragraph (1) 1 receives the rebate under the rebate program. 2 (D) EXCEPTION.—The Secretary shall not 3 disburse a rebate under the rebate program if 4 materials submitted under subparagraph (B) do 5 not meet the same global positioning system lo- 6 cation and technical specifications for the elec- 7 tric vehicle supply equipment that is eligible 8 under paragraph (2) provided in an application 9 under paragraph (3). 10 (6) MULTI-PORT CHARGERS.—An eligible entity 11 under paragraph (1) shall be awarded a rebate 12 under the rebate program for covered expenses relat- 13 ing to the purchase and installation of a multi-port 14 charger based on the number of publicly accessible 15 charging ports, with each subsequent port after the 16 first port being eligible for 50 percent of the full re- 17 bate amount. 18 (7) NETWORKED DIRECT CURRENT FAST 19 CHARGING.—Of amounts appropriated to carry out 20 the rebate program, not more than 40 percent may 21 be used for rebates of networked direct current fast 22 charging equipment. 23 (8) HYDROGEN FUEL CELL REFUELING INFRA- 24 STRUCTURE.—Hydrogen refueling equipment shall 25 VerDate Sep 11 2014 16:28 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2852.IH H2852 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 2852 IH be eligible for a rebate under the rebate program as 1 though it were networked direct current fast charg- 2 ing equipment. All requirements related to public ac- 3 cessibility of installed locations shall apply. 4 (9) REPORT.—Not later than 3 years after the 5 first date on which the Secretary awards a rebate 6 under the rebate program, the Secretary shall sub- 7 mit to the Committee on Energy and Commerce of 8 the House of Representatives and the Committee on 9 Energy and Natural Resources of the Senate a re- 10 port of the number of rebates awarded for electric 11 vehicle supply equipment and hydrogen fuel cell re- 12 fueling equipment in each of the location categories 13 described in paragraph (2)(C)(iii). 14 (c) DEFINITIONS.—In this section: 15 (1) COVERED EXPENSES.—The term ‘‘covered 16 expenses’’ means an expense that is associated with 17 the purchase and installation of electric vehicle sup- 18 ply equipment, including— 19 (A) the cost of electric vehicle supply 20 equipment; 21 (B) labor costs associated with the installa- 22 tion of such electric vehicle supply equipment, 23 only if wages for such labor are paid at rates 24 not less than those prevailing on similar labor 25 VerDate Sep 11 2014 16:28 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2852.IH H2852 pamtmann on DSKBC07HB2PROD with BILLS 13 •HR 2852 IH in the locality of installation, as determined by 1 the Secretary of Labor under subchapter IV of 2 chapter 31 of title 40, United States Code 3 (commonly referred to as the ‘‘Davis-Bacon 4 Act’’); 5 (C) material costs associat [Text truncated for display. 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