Electric Vehicle Infrastructure Rebate Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 2948 To direct the Secretary of Energy to establish a rebate program to promote the purchase and installation of electric vehicle supply equipment, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 30, 2021 Mr. TONKO introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To direct the Secretary of Energy to establish a rebate program to promote the purchase and installation of electric vehicle supply equipment, 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 ‘‘Electric Vehicle Infra- 4 structure Rebate Act of 2021’’. 5 SEC. 2. ELECTRIC VEHICLE SUPPLY EQUIPMENT REBATE 6 PROGRAM. 7 (a) REBATE PROGRAM.—Not later than January 1, 8 2022, the Secretary shall establish a rebate program to 9 VerDate Sep 11 2014 05:11 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2948.IH H2948 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 2948 IH provide rebates for covered expenses associated with elec- 1 tric vehicle supply equipment located at workplaces, multi- 2 unit housing structures, and publicly accessible locations. 3 (b) REBATE PROGRAM REQUIREMENTS.— 4 (1) ELIGIBLE ENTITIES.—A rebate under the 5 rebate program may be made to an individual, a 6 State, local, Tribal, or Territorial government, a pri- 7 vate entity, a not-for-profit entity, a nonprofit entity, 8 or a metropolitan planning organization. 9 (2) ELIGIBLE EQUIPMENT AND LOCATIONS.— 10 (A) IN GENERAL.—Not later than 180 11 days after the date of the enactment of this 12 Act, the Secretary shall publish and maintain 13 on the Department of Energy internet website 14 a list of electric vehicle supply equipment that 15 is eligible for the rebate program. 16 (B) SPECIFICATIONS.—The Secretary may 17 determine technical specifications and require- 18 ments for electric vehicle supply equipment to 19 be included on the list published under subpara- 20 graph (A), to enhance safety, cybersecurity, 21 performance, accessibility, and alignment with 22 relevant codes and standards, as determined ap- 23 propriate by the Secretary. 24 VerDate Sep 11 2014 05:11 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2948.IH H2948 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 2948 IH (C) UPDATES.—The Secretary may add to, 1 or otherwise revise, the list of electric vehicle 2 supply equipment published under subpara- 3 graph (A) if the Secretary determines that such 4 addition or revision will likely lead to— 5 (i) greater usage of electric vehicle 6 supply equipment; 7 (ii) greater access to electric vehicle 8 supply equipment by users; or 9 (iii) an improved experience for users 10 or owners of electric vehicle supply equip- 11 ment, including accessibility in compliance 12 with the Americans with Disabilities Act of 13 1990 (42 U.S.C. 12101 et seq.). 14 (D) LOCATION REQUIREMENT.—An eligi- 15 ble entity may receive a rebate under the rebate 16 program only if the electric vehicle supply 17 equipment included on the list published under 18 subparagraph (A) is installed— 19 (i) in the United States; 20 (ii) on property— 21 (I) owned by the eligible entity 22 under paragraph (1); or 23 (II) on which the eligible entity 24 under paragraph (1) has authority to 25 VerDate Sep 11 2014 05:11 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2948.IH H2948 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 2948 IH install electric vehicle supply equip- 1 ment; and 2 (iii) at a location that is— 3 (I) a multi-unit housing struc- 4 ture; 5 (II) a workplace, and available to 6 employees of such workplace or em- 7 ployees of a nearby workplace; or 8 (III) publicly accessible, including 9 a publicly accessible commercial loca- 10 tion. 11 (E) PUBLIC ACCESSIBILITY.—For electric 12 vehicle supply equipment not located at a multi- 13 unit housing structure or a workplace, an eligi- 14 ble entity may receive a rebate under the rebate 15 program only if the installed electric vehicle 16 supply equipment is— 17 (i) publicly accessible for a minimum 18 of 12 hours per day at least 5 days per 19 week; and 20 (ii) networked or otherwise capable of 21 being monitored remotely. 22 (3) APPLICATION.— 23 (A) IN GENERAL.—An eligible entity under 24 paragraph (1) may submit to the Secretary an 25 VerDate Sep 11 2014 05:11 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2948.IH H2948 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 2948 IH application for a rebate under the rebate pro- 1 gram. Such application shall include— 2 (i) the estimated cost of covered ex- 3 penses to be expended on the electric vehi- 4 cle supply equipment that is eligible under 5 paragraph (2); 6 (ii) the estimated installation cost of 7 the electric vehicle supply equipment that 8 is eligible under paragraph (2); 9 (iii) the global positioning system lo- 10 cation, including the integer number of de- 11 grees, minutes, and seconds, where such 12 electric vehicle supply equipment is to be 13 installed, and identification of whether 14 such location is— 15 (I) a multi-unit housing struc- 16 ture; 17 (II) a workplace; or 18 (III) publicly accessible, including 19 a publicly accessible commercial loca- 20 tion, in accordance with paragraph 21 (2)(E); 22 (iv) the technical specifications of 23 such electric vehicle supply equipment, in- 24 VerDate Sep 11 2014 05:11 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2948.IH H2948 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 2948 IH cluding the maximum power voltage and 1 amperage of such equipment; 2 (v) an assessment of the electrical ca- 3 pacity at the location where such electric 4 vehicle supply equipment is to be installed, 5 and, as necessary, proof of communication 6 with the electric utility that will serve the 7 electric vehicle supply equipment to be in- 8 stalled; and 9 (vi) any other information determined 10 by the Secretary to be necessary for a com- 11 plete application. 12 (B) REVIEW PROCESS.—The Secretary 13 shall review an application for a rebate under 14 the rebate program and approve an eligible en- 15 tity under paragraph (1) to receive such rebate 16 if the application meets the requirements of the 17 rebate program under this subsection. 18 (C) NOTIFICATION TO ELIGIBLE ENTITY.— 19 Not later than 180 days after the date on which 20 the eligible entity under paragraph (1) applies 21 for a rebate under the rebate program, the Sec- 22 retary shall notify the eligible entity whether 23 the eligible entity will be awarded a rebate 24 under the rebate program following the submis- 25 VerDate Sep 11 2014 05:11 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2948.IH H2948 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 2948 IH sion of additional materials required under 1 paragraph (6). 2 (D) TIMING.—The Secretary may award a 3 rebate under the rebate program if the eligible 4 entity under paragraph (1) begins installation 5 of the applicable electric vehicle supply equip- 6 ment after submitting an application for the re- 7 bate but before the Secretary approves the ap- 8 plication. 9 (4) FUNDING SET-ASIDES.—Each fiscal year, 10 the Secretary may set aside an amount of funding 11 under the rebate program to ensure, to the extent 12 possible given the applications meeting the require- 13 ments of the rebate program submitted, rebates are 14 distributed— 15 (A) to individuals and small businesses, as 16 determined by the Secretary; and 17 (B) for electric vehicle supply equipment— 18 (i) located in rural communities, as 19 determined by the Secretary; and 20 (ii) located in low-income and dis- 21 advantaged communities, as determined by 22 the Secretary. 23 (5) REBATE AMOUNT.— 24 VerDate Sep 11 2014 05:11 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2948.IH H2948 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 2948 IH (A) IN GENERAL.—Except as provided in 1 subparagraph (B), the amount of a rebate made 2 under the rebate program for each new charg- 3 ing unit at a location shall be the lesser of— 4 (i) 75 percent of the applicable cov- 5 ered expenses; 6 (ii) $1,000 for covered expenses asso- 7 ciated with the purchase and installation of 8 non-networked level 2 charging equipment; 9 (iii) $4,000 for covered expenses asso- 10 ciated with the purchase and installation of 11 networked level 2 charging equipment; or 12 (iv) $100,000 for covered expenses as- 13 sociated with the purchase and installation 14 of networked direct current fast charging 15 equipment. 16 (B) REBATE AMOUNT FOR REPLACEMENT 17 EQUIPMENT.—A rebate made under the rebate 18 program for replacement of pre-existing electric 19 vehicle supply equipment of similar specifica- 20 tions at a location shall be the lesser of— 21 (i) 75 percent of the applicable cov- 22 ered expenses; 23 VerDate Sep 11 2014 05:11 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2948.IH H2948 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 2948 IH (ii) $500 for covered expenses associ- 1 ated with the purchase and installation of 2 non-networked level 2 charging equipment; 3 (iii) $2,000 for covered expenses asso- 4 ciated with the purchase and installation of 5 networked level 2 charging equipment; or 6 (iv) $35,000 for covered expenses as- 7 sociated with the purchase and installation 8 of networked direct current fast charging 9 equipment. 10 (6) DISBURSEMENT OF REBATE.— 11 (A) IN GENERAL.—The Secretary shall 12 disburse a rebate under the rebate program to 13 an eligible entity under paragraph (1) as quick- 14 ly as feasible following approval of an applica- 15 tion under paragraph (3) and submission of the 16 materials required under subparagraph (B). 17 (B) MATERIALS REQUIRED FOR DISBURSE- 18 MENT OF REBATE.—Not later than one year 19 after the date on which the eligible entity under 20 paragraph (1) receives notice under paragraph 21 (3)(C) that the eligible entity has been ap- 22 proved for a rebate, such eligible entity shall 23 submit to the Secretary the following— 24 VerDate Sep 11 2014 05:11 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2948.IH H2948 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 2948 IH (i) a record of payment for covered 1 expenses expended on the installation of 2 the electric vehicle supply equipment that 3 is eligible under paragraph (2); 4 (ii) a record of payment for the elec- 5 tric vehicle supply equipment that is eligi- 6 ble under paragraph (2); 7 (iii) the global positioning system lo- 8 cation of where such electric vehicle supply 9 equipment was installed and identification 10 of whether such location is— 11 (I) a multi-unit housing struc- 12 ture; 13 (II) a workplace; or 14 (III) publicly accessible, including 15 a publicly accessible commercial loca- 16 tion, in accordance with paragraph 17 (2)(E); 18 (iv) the technical specifications of the 19 electric vehicle supply equipment that is el- 20 igible under paragraph (2), including the 21 maximum power voltage and amperage of 22 such equipment; and 23 (v) any other information determined 24 by the Secretary to be necessary. 25 VerDate Sep 11 2014 05:11 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2948.IH H2948 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 2948 IH (C) AGREEMENT TO MAINTAIN.—To be eli- 1 gible for a rebate under the rebate program, an 2 eligible entity under paragraph (1) shall enter 3 into an agreement with the Secretary to main- 4 tain the electric vehicle supply equipment that 5 is eligible under paragraph (2) in a satisfactory 6 manner for not fewer than 5 years after the 7 date on which the eligible entity under para- 8 graph (1) receives the rebate under the rebate 9 program. 10 (D) AGREEMENT TO PUBLISH OPERATING 11 STATUS.—To be eligible for a rebate under the 12 rebate program for electric vehicle supply equip- 13 ment located at a publicly accessible location, 14 an eligible entity under paragraph (1) shall 15 enter into an agreement with the Secretary to 16 make the operating status, geographic location, 17 hours of operation, and technical specifications 18 of the electric vehicle supply equipment avail- 19 able on the internet and updated on a regular 20 basis, as determined appropriate by the Sec- 21 retary. 22 (E) EXCEPTION.—The Secretary may de- 23 cline to disburse a rebate under the rebate pro- 24 gram if materials submitted under subpara- 25 VerDate Sep 11 2014 05:11 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2948.IH H2948 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 2948 IH graph (B) vary significantly, as determined by 1 the Secretary, from the global positioning sys- 2 tem location and technical specifications for the 3 electric vehicle supply equipment that is eligible 4 under paragraph (2) provided in an application 5 under paragraph (3). 6 (7) MULTI-PORT CHARGERS.—An eligible entity 7 under paragraph (1) shall be awarded a rebate 8 under the rebate program for covered expenses relat- 9 ing to the purchase and installation of a multi-port 10 charger based on the number of publicly accessible 11 charging ports, with each subsequent port after the 12 first port being eligible for 75 percent of the full re- 13 bate amount. 14 (8) HYDROGEN FUEL CELL REFUELING EQUIP- 15 MENT.—Hydrogen refueling equipment shall be eligi- 16 ble for a rebate under the rebate program as though 17 it were networked direct current fast charging equip- 18 ment, and all applicable requirements related to 19 such equipment shall apply. 20 (9) NETWORKED DIRECT CURRENT FAST 21 CHARGING.—Of amounts appropriated to carry out 22 the rebate program through fiscal year 2025, not 23 more than 40 percent may be used for rebates of 24 networked direct current fast charging equipment or 25 VerDate Sep 11 2014 05:11 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2948.IH H2948 kjohnson on DSK79L0C42PROD with BILLS 13 •HR 2948 IH hydrogen refueling equipment. Beginning after fiscal 1 year 2025, the Secretary, after providing public no- 2 tice and an opportunity for public comment, may ad- 3 just the percentage of amounts appropriated to be 4 used for networked direct current fast charging 5 equipment or hydrogen refueling equipment to ac- 6 count for— 7 (A) changes in consumer charging habits 8 and other market trends; 9 (B) technology development and cost re- 10 ductions; 11 (C) the need for such equipment in a di- 12 verse distribution of workplaces, multi-unit 13 housing structures, and publicly accessible loca [Text truncated for display. Full text available on Congress.gov.]