Electric Vehicle Infrastructure Rebate Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 5530 To direct the Secretary of Energy to establish a rebate program to promote the purchase and installation of publicly accessible electric vehicle supply equipment, and for other purposes. IN THE HOUSE OF REPRESENTATIVES DECEMBER 19, 2019 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 publicly accessible 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 2019’’. 5 VerDate Sep 11 2014 20:17 Dec 29, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5530.IH H5530 2 •HR 5530 IH SEC. 2. ELECTRIC VEHICLE SUPPLY EQUIPMENT REBATE 1 PROGRAM. 2 (a) REBATE PROGRAM.—Not later than January 1, 3 2021, the Secretary of Energy shall establish a rebate pro- 4 gram to promote the purchase and installation of publicly 5 accessible electric vehicle supply equipment (in this Act 6 referred to as the ‘‘rebate program’’). 7 (b) REBATE PROGRAM REQUIREMENTS.— 8 (1) ELIGIBLE APPLICANTS.—A rebate under 9 the rebate program may be made to a individual, 10 State, local, Tribal, or Territorial government, a pri- 11 vate entity, or a metropolitan planning organization. 12 (2) ELIGIBLE EQUIPMENT.— 13 (A) IN GENERAL.—Not later than 180 14 days after the date of the enactment of this 15 Act, the Secretary shall publish and maintain 16 on the Department of Energy internet website 17 a list of electric vehicle supply equipment that 18 is eligible for the rebate program. 19 (B) UPDATE.—The Secretary may publish 20 a notice of proposed rulemaking to determine 21 additional hardware or software equipment re- 22 quirements that will likely lead to greater usage 23 of the electric vehicle supply equipment or im- 24 prove the experience of users of such charging 25 equipment. 26 VerDate Sep 11 2014 20:17 Dec 29, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5530.IH H5530 3 •HR 5530 IH (C) LOCATION REQUIREMENT.—To be eli- 1 gible for the rebate program, the equipment de- 2 scribed under paragraph (1) shall be installed— 3 (i) in the United States; 4 (ii) on property— 5 (I) owned by the eligible appli- 6 cant under subsection (b)(1); or 7 (II) on which the eligible appli- 8 cant under subsection (b)(1) has au- 9 thority to install electric vehicle sup- 10 ply equipment; and 11 (iii) at a parking lot or facility having 12 a minimum of 10 parking spaces and is— 13 (I) open to the public for a min- 14 imum of 12 hours per day, five days 15 per week; 16 (II) associated with a multi-unit 17 housing structure with five or more 18 housing units; and 19 (III) associated with a workplace 20 available to an employee of the work- 21 place or an employee of a nearby 22 workplace. 23 (3) APPLICATION.— 24 VerDate Sep 11 2014 20:17 Dec 29, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5530.IH H5530 4 •HR 5530 IH (A) IN GENERAL.—An eligible applicant 1 under subsection (b)(1) may submit to the Sec- 2 retary an application for a rebate under the re- 3 bate program. Such application shall include— 4 (i) the estimated cost of covered ex- 5 penses to be expended on the installation 6 of the equipment eligible under subsection 7 (b)(2); 8 (ii) the estimated installation cost of 9 the equipment eligible under subsection 10 (b)(2); 11 (iii) the global positioning system 12 (GPS) location of the equipment eligible 13 under subsection (b)(2) and identification 14 of whether such location is a— 15 (I) multi-unit housing structure; 16 (II) workplace; or 17 (III) publicly accessible parking 18 lot or facility; 19 (iv) the technical specifications of the 20 equipment eligible under subsection (b)(2), 21 including the maximum power and amper- 22 age of such equipment, to be installed; and 23 VerDate Sep 11 2014 20:17 Dec 29, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5530.IH H5530 5 •HR 5530 IH (v) any other information determined 1 by the Secretary to be necessary for a com- 2 plete application. 3 (B) REVIEW PROCESS.—The Secretary 4 shall review an application for a rebate under 5 the rebate program and approve an eligible ap- 6 plicant under subsection (b)(1) to receive such 7 rebate if— 8 (i) the application meets the require- 9 ments of the rebate program under sub- 10 section (b); and 11 (ii) the Secretary expects amounts ap- 12 propriated to be available for such rebate. 13 (C) NOTIFICATION TO ELIGIBLE APPLI- 14 CANT.—Not later than one year after the date 15 on which the eligible applicant under subsection 16 (b)(3) applies for a rebate under the rebate pro- 17 gram, the Secretary shall notify the eligible ap- 18 plicant under subsection (b)(1) that they will be 19 awarded a rebate under the rebate program fol- 20 lowing the submission of additional materials 21 required under paragraph (5). 22 (4) REBATE AMOUNT.— 23 VerDate Sep 11 2014 20:17 Dec 29, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5530.IH H5530 6 •HR 5530 IH (A) IN GENERAL.—Except as provided in 1 subparagraph (B), the amount awarded under 2 the rebate program shall be the lesser of— 3 (i) 75 percent of covered expenses; 4 (ii) $2,000 for non-networked level 2 5 charging equipment; 6 (iii) $4,000 for networked level 2 7 charging equipment; or 8 (iv) $75,000 for networked direct cur- 9 rent fast charging equipment. 10 (B) REBATE AMOUNT FOR REPLACEMENT 11 EQUIPMENT.—The amount awarded under the 12 rebate program for replacement electric vehicle 13 supply equipment shall be the lesser of— 14 (i) 75 percent of covered expenses; 15 (ii) $1,000 for non-networked level 2 16 charging equipment; 17 (iii) $2,000 for networked level 2 18 charging equipment; or 19 (iv) $25,000 for networked direct cur- 20 rent fast charging equipment. 21 (5) DISBURSEMENT OF REBATE.— 22 (A) IN GENERAL.—The Secretary shall 23 disburse a rebate under the rebate program to 24 an eligible applicant under subsection (b)(1), 25 VerDate Sep 11 2014 20:17 Dec 29, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5530.IH H5530 7 •HR 5530 IH following approval of an initial application 1 under paragraph (3), if such applicant submits 2 the materials required under subparagraph (B). 3 (B) MATERIALS REQUIRED FOR DISBURSE- 4 MENT OF REBATE.—Not later than one year 5 after the date on which the eligible applicant 6 under subsection (b)(1) receives notice that 7 they have been approved for a rebate under the 8 rebate program, such applicant shall submit to 9 the Secretary the following— 10 (i) the cost of covered expenses ex- 11 pended on the installation of the equip- 12 ment eligible under subsection (b)(2); 13 (ii) the installation cost of the equip- 14 ment eligible under subsection (b)(2); 15 (iii) a record of payment for the 16 equipment eligible under subsection (b)(2); 17 (iv) the global positioning system 18 (GPS) location of the equipment eligible 19 under subsection (b)(2) and identification 20 of whether such location is a— 21 (I) multi-unit housing structure; 22 (II) workplace; or 23 (III) publicly accessible parking 24 lot or facility; 25 VerDate Sep 11 2014 20:17 Dec 29, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5530.IH H5530 8 •HR 5530 IH (v) the technical specifications of the 1 equipment eligible under subsection (b)(2), 2 including the maximum power and amper- 3 age of such equipment; and 4 (vi) any other information determined 5 by the Secretary to be necessary for a com- 6 plete application. 7 (C) AGREEMENT TO MAINTAIN.—To be eli- 8 gible for a rebate under the rebate program, an 9 eligible applicant under subsection (b)(1) shall 10 enter into an agreement with the Secretary to 11 maintain the eligible equipment in a satisfac- 12 tory manner for not less than five years after 13 the date on which the eligible applicant under 14 subsection (b)(1) receives the rebate under the 15 rebate program. 16 (D) AGREEMENT TO REPORT ON USAGE.— 17 To be eligible for a rebate under the rebate pro- 18 gram, an eligible applicant under subsection 19 (b)(1) shall enter into an agreement with the 20 Secretary to submit, not later than one year 21 after the date the applicant is awarded a rebate 22 and annually thereafter for the following two 23 years, a report on the aggregated data on usage 24 VerDate Sep 11 2014 20:17 Dec 29, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5530.IH H5530 9 •HR 5530 IH of relevant networked electric vehicle supply 1 equipment. 2 (E) EXCEPTION.—The Secretary shall not 3 disburse a rebate under the rebate program if 4 materials submitted under paragraph (5) do not 5 meet the same GPS location and technical spec- 6 ifications for the equipment eligible under sub- 7 section (b)(2) provided in an application under 8 paragraph (3). 9 (6) EXCEPTIONS TO REBATE PROGRAM.— 10 (A) MULTI-PORT CHARGERS.—An eligible 11 applicant under subsection (b)(1) shall be 12 awarded a rebate under the rebate program for 13 a multi-port charger based on the number of 14 publicly accessible charging ports, with each 15 subsequent port after the first port, being eligi- 16 ble for 50 percent of the full rebate amount. 17 (B) NETWORKED DIRECT CURRENT FAST 18 CHARGING.—Of amounts appropriated to carry 19 out the rebate program under this section, not 20 more than 25 percent may be used for rebates 21 of networked direct current fast charging equip- 22 ment. 23 (7) HYDROGEN FUEL CELL REFUELING INFRA- 24 STRUCTURE.—For the purposes of this section, hy- 25 VerDate Sep 11 2014 20:17 Dec 29, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5530.IH H5530 10 •HR 5530 IH drogen refueling equipment shall be eligible for a re- 1 bate as though it were a networked direct current 2 fast charging equipment. All requirements related to 3 public accessibility of installed locations shall apply. 4 (c) DEFINITIONS.—In this Act: 5 (1) COVERED EXPENSES.—The term ‘‘covered 6 expenses’’ means an expense that is associated with 7 the purchase and installation of electric vehicle sup- 8 ply equipment, including— 9 (A) the cost of electric vehicle supply 10 equipment hardware; 11 (B) labor costs associated with the installa- 12 tion of such hardware, only if wages for such 13 labor are paid at rates not less than those pre- 14 vailing on similar labor in the locality of instal- 15 lation, as determined by the Secretary of Labor 16 under subchapter IV of chapter 31 of title 40, 17 United States Code (commonly referred to as 18 the ‘‘Davis-Bacon Act’’); 19 (C) material costs associated with the in- 20 stallation of such hardware, including expenses 21 involving electrical equipment and necessary up- 22 grades or modifications to the electrical grid 23 and associated infrastructure required for the 24 installation of such hardware; 25 VerDate Sep 11 2014 20:17 Dec 29, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5530.IH H5530 11 •HR 5530 IH (D) permit costs associated with the instal- 1 lation of such hardware; and 2 (E) the cost of an on-site energy storage 3 system. 4 (2) ELECTRIC VEHICLE.—The term ‘‘electric 5 vehicle’’ means a vehicle that derives all or part of 6 its power from electricity. 7 (3) MULTI-PORT CHARGER.—The term ‘‘multi- 8 port charger’’ means electric vehicle supply equip- 9 ment capable of charging more than one electric ve- 10 hicle simultaneously. 11 (4) ELECTRIC VEHICLE SUPPLY EQUIPMENT.— 12 The term ‘‘electric vehicle supply equipment’’ means 13 a charger connected to the electric grid that supplies 14 electricity to an electric vehicle. 15 (5) LEVEL 2 CHARGING EQUIPMENT.—The 16 term ‘‘level 2 charging equipment’’ means electric 17 vehicle supply equipment that provides an alter- 18 nating current power source at a minimum of 240- 19 volts. 20 (6) NETWORKED DIRECT CURRENT FAST 21 CHARGING EQUIPMENT.—The term ‘‘networked di- 22 rect current fast charging equipment’’ means electric 23 vehicle supply equipment that provides a direct cur- 24 rent power source at a minimum of 50 kilowatts and 25 VerDate Sep 11 2014 20:17 Dec 29, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5530.IH H5530 12 •HR 5530 IH is enabled to connect to a network to facilitate data 1 collection and access. 2 (7) NETWORKED ELECTRIC VEHICLE CHARGING 3 STATION.—The term ‘‘networked electric vehicle 4 charging station’’ means a charging station that is 5 enabled to connect to a network to facilitate data 6 collection and access. 7 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 8 authorized to be appropriated to carry out this Act 9 $100,000,000 for each of fiscal years 2021 through 2025. 10 Æ VerDate Sep 11 2014 20:17 Dec 29, 2019 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\H5530.IH H5530