USA Electrify Forward Act

I 116TH CONGRESS 2D SESSION H. R. 5558 To promote American leadership in vehicle manufacturing, job creation, im- proved air quality, and climate protection through domestic manufac- turing of low- and zero-emission vehicles and development of electric vehicle charging networks, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 8, 2020 Mrs. DINGELL introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To promote American leadership in vehicle manufacturing, job creation, improved air quality, and climate protection through domestic manufacturing of low- and zero-emis- sion vehicles and development of electric vehicle charging networks, 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 ‘‘USA Electrify For- 4 ward Act’’. 5 VerDate Sep 11 2014 22:14 Jan 10, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5558.IH H5558 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 5558 IH SEC. 2. DOMESTIC MANUFACTURING CONVERSION GRANT 1 PROGRAM. 2 (a) HYBRID VEHICLES, ADVANCED VEHICLES, AND 3 FUEL CELL BUSES.—Subtitle B of title VII of the Energy 4 Policy Act of 2005 (42 U.S.C. 16061 et seq.) is amend- 5 ed— 6 (1) in the subtitle header, by inserting ‘‘Plug- 7 In Electric Vehicles,’’ before ‘‘Hybrid Vehi- 8 cles’’; and 9 (2) in part 1, in the part header, by striking 10 ‘‘HYBRID’’ and inserting ‘‘PLUG-IN ELECTRIC’’. 11 (b) PLUG-IN ELECTRIC VEHICLES.—Section 711 of 12 the Energy Policy Act of 2005 (42 U.S.C. 16061) is 13 amended to read as follows: 14 ‘‘SEC. 711. PLUG-IN ELECTRIC VEHICLES. 15 ‘‘The Secretary shall accelerate domestic manufac- 16 turing efforts directed toward the improvement of bat- 17 teries, power electronics, and other technologies for use 18 in plug-in electric vehicles.’’. 19 (c) EFFICIENT HYBRID AND ADVANCED DIESEL VE- 20 HICLES.—Section 712 of the Energy Policy Act of 2005 21 (42 U.S.C. 16062) is amended— 22 (1) in subsection (a)— 23 (A) in paragraph (1), by inserting ‘‘, plug- 24 in electric vehicles,’’ after ‘‘efficient hybrid’’; 25 and 26 VerDate Sep 11 2014 22:14 Jan 10, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5558.IH H5558 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 5558 IH (B) by amending paragraph (3) to read as 1 follows: 2 ‘‘(3) PRIORITY.—Priority shall be given to— 3 ‘‘(A) the refurbishment or retooling of 4 manufacturing facilities that have recently 5 ceased operation or will cease operation in the 6 near future; and 7 ‘‘(B) applications containing a written as- 8 surance that— 9 ‘‘(i) all laborers and mechanics em- 10 ployed by contractors or subcontractors 11 during construction, alteration, retooling, 12 or repair that is financed, in whole or in 13 part, by a grant under this subsection shall 14 be paid wages at rates not less than those 15 prevailing on similar construction in the lo- 16 cality, as determined by the Secretary of 17 Labor in accordance with sections 3141 18 through 3144, 3146, and 3147 of title 40, 19 United States Code; 20 ‘‘(ii) all laborers and mechanics em- 21 ployed by the owner or operator of a man- 22 ufacturing facility that is financed, in 23 whole or in part, by a grant under this 24 subsection shall be paid wages at rates not 25 VerDate Sep 11 2014 22:14 Jan 10, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5558.IH H5558 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 5558 IH less than those prevailing on similar con- 1 struction in the locality, as determined by 2 the Secretary of Labor in accordance with 3 sections 3141 through 3144, 3146, and 4 3147 of title 40, United States Code; and 5 ‘‘(iii) the Secretary of Labor shall, 6 with respect to the labor standards de- 7 scribed in this paragraph, have the author- 8 ity and functions set forth in Reorganiza- 9 tion Plan Numbered 14 of 1950 (5 U.S.C. 10 App.) and section 3145 of title 40, United 11 States Code.’’; and 12 (2) by striking subsection (c) and inserting the 13 following: 14 ‘‘(c) COST SHARE AND GUARANTEE OF OPER- 15 ATION.— 16 ‘‘(1) CONDITION.—A recipient of a grant under 17 this section shall pay the Secretary the full amount 18 of the grant if the facility financed in whole or in 19 part under this subsection fails to manufacture 20 goods for a period of at least 10 years after the com- 21 pletion of construction. 22 ‘‘(2) COST SHARE.—Section 988(c) shall apply 23 to a grant made under this subsection. 24 VerDate Sep 11 2014 22:14 Jan 10, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5558.IH H5558 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 5558 IH ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 1 is authorized to be appropriated to the Secretary $2.5 bil- 2 lion for each of fiscal years 2021 through 2030. 3 ‘‘(e) PERIOD OF AVAILABILITY.—An award made 4 under this section after the date of enactment of this sub- 5 section shall only be available with respect to facilities and 6 equipment placed in service before December 30, 2035.’’. 7 SEC. 3. TRANSPORTATION ELECTRIFICATION. 8 Section 131 of the Energy Independence and Security 9 Act of 2007 (42 U.S.C. 17011) is amended— 10 (1) in subsection (a)(6)— 11 (A) in the matter preceding subparagraph 12 (A), by striking ‘‘and petroleum,’’ and inserting 13 ‘‘petroleum, expand use of electric vehicles, and 14 facilitate electrification of the transportation 15 sector,’’; 16 (B) in subparagraph (A), by inserting 17 ‘‘and ground support equipment at ports’’ be- 18 fore the semicolon; 19 (C) in subparagraph (E), by inserting 20 ‘‘and vehicles’’ before the semicolon; 21 (D) in subparagraph (H), by striking 22 ‘‘and’’ at the end; 23 (E) in subparagraph (I)— 24 VerDate Sep 11 2014 22:14 Jan 10, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5558.IH H5558 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 5558 IH (i) by striking ‘‘battery chargers,’’; 1 and 2 (ii) by striking the period at the end 3 and inserting a semicolon; and 4 (F) by adding at the end the following: 5 ‘‘(J) plug-in electric vehicle charging infra- 6 structure, including publicly accessible charging 7 infrastructure, including infrastructure acces- 8 sible to rural, urban, and low-income commu- 9 nities or infrastructure on commercial property; 10 and 11 ‘‘(K) multi-use charging hubs used for 12 multiple forms of transportation.’’; and 13 (2) in subsection (b)— 14 (A) in paragraph (3)(A)— 15 (i) in clause (i), by striking ‘‘and’’ at 16 the end; 17 (ii) in clause (ii), by inserting ‘‘, vehi- 18 cle components, and plug-in electric vehicle 19 charging equipment’’ after ‘‘vehicles’’; and 20 (iii) by adding at the end the fol- 21 lowing: 22 ‘‘(iii) contain a written assurance that 23 all laborers and mechanics employed by 24 contractors or subcontractors during con- 25 VerDate Sep 11 2014 22:14 Jan 10, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5558.IH H5558 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 5558 IH struction, alteration, or repair that is fi- 1 nanced, in whole or in part, by a grant 2 under this section shall be paid wages at 3 rates not less than those prevailing on 4 similar construction in the locality, as de- 5 termined by the Secretary of Labor in ac- 6 cordance with sections 3141 through 3144, 7 3146, and 3147 of title 40, United States 8 Code (and the Secretary of Labor shall, 9 with respect to the labor standards de- 10 scribed in this clause, have the authority 11 and functions set forth in Reorganization 12 Plan Numbered 14 of 1950 (5 U.S.C. 13 App.) and section 3145 of title 40, United 14 States Code); and’’; and 15 (B) in paragraph (6), by striking 16 ‘‘$90,000,000 for each of fiscal years 2008 17 through 2012’’ and inserting ‘‘$2,000,000,000 18 for each of fiscal years 2021 through 2030’’; 19 and 20 (3) in subsection (c)— 21 (A) in the header, by striking ‘‘NEAR- 22 TERM’’ and inserting ‘‘LARGE-SCALE’’; and 23 (B) in paragraph (4), by striking 24 ‘‘$95,000,000 for each of fiscal years 2008 25 VerDate Sep 11 2014 22:14 Jan 10, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5558.IH H5558 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 5558 IH through 2013’’ and inserting ‘‘$2,500,000,000 1 for each of fiscal years 2021 through 2030’’. 2 SEC. 4. MODEL BUILDING CODE FOR ELECTRIC VEHICLE 3 SUPPLY EQUIPMENT. 4 (a) DEVELOPMENT.—The Secretary shall develop a 5 proposal to establish or update, as appropriate, model 6 building codes for— 7 (1) integrating electric vehicle supply equipment 8 into residential and commercial buildings that in- 9 clude space for individual vehicle or fleet vehicle 10 parking; and 11 (2) integrating onsite renewable power equip- 12 ment and electric storage equipment (including elec- 13 tric vehicle batteries to be used for electric storage) 14 into residential and commercial buildings. 15 (b) CONSULTATION.—In developing the proposal 16 under subsection (a), the Secretary shall consult with 17 stakeholders representing the building construction indus- 18 try, manufacturers of electric vehicles and electric vehicle 19 supply equipment, State and local governments, and any 20 other persons with relevant expertise or interests. 21 (c) DEADLINE.—Not later than 1 year after the date 22 of enactment of this Act, the Secretary shall submit the 23 proposal developed under subsection (a) to the American 24 Society of Heating, Refrigerating, and Air Conditioning 25 VerDate Sep 11 2014 22:14 Jan 10, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5558.IH H5558 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 5558 IH Engineers, the International Code Council, and the States 1 for consideration. 2 SEC. 5. ADVANCED TECHNOLOGY VEHICLES MANUFAC- 3 TURING INCENTIVE PROGRAM. 4 Section 136 of the Energy Independence and Security 5 Act of 2007 (42 U.S.C. 17013) is amended— 6 (1) in subsection (a)— 7 (A) in paragraph (1)— 8 (i) by redesignating subparagraphs 9 (A) through (C) as clauses (i) through 10 (iii), respectively, and indenting appro- 11 priately; 12 (ii) by striking ‘‘(1) ADVANCED TECH- 13 NOLOGY VEHICLE.—’’ and all that follows 14 through ‘‘meets—’’ and inserting the fol- 15 lowing: 16 ‘‘(1) ADVANCED TECHNOLOGY VEHICLE.—The 17 term ‘advanced technology vehicle’ means— 18 ‘‘(A) an ultra efficient vehicle; 19 ‘‘(B) a light duty vehicle that meets—’’; 20 (iii) by amending subparagraph 21 (B)(iii) (as so redesignated) to read as fol- 22 lows: 23 ‘‘(iii) the applicable regulatory stand- 24 ards for emissions of greenhouse gases for 25 VerDate Sep 11 2014 22:14 Jan 10, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5558.IH H5558 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 5558 IH model year 2021 through 2025 vehicles 1 promulgated by the Administrator of the 2 Environmental Protection Agency on Octo- 3 ber 15, 2012 (77 Fed. Reg. 62624); or’’; 4 and 5 (iv) by adding at the end the fol- 6 lowing: 7 ‘‘(C) a heavy-duty vehicle (including a me- 8 dium-duty passenger vehicle), as defined in sec- 9 tion 86.1803–01 of title 40, Code of Federal 10 Regulations (or successor regulations), that— 11 ‘‘(i) complies early with the applicable 12 regulatory standards for emissions of 13 greenhouse gases for model year 2024 ve- 14 hicles promulgated by the Administrator 15 on October 25, 2016 (81 Fed. Reg. 16 73478); 17 ‘‘(ii) complies early with, or dem- 18 onstrates achievement below, the applicable 19 regulatory standards for emissions of 20 greenhouse gases for model year 2027 ve- 21 hicles promulgated by the Administrator 22 on October 25, 2016 (81 Fed. Reg. 23 73478); or 24 VerDate Sep 11 2014 22:14 Jan 10, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5558.IH H5558 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 5558 IH ‘‘(iii) emits zero emissions of green- 1 house gases.’’; 2 (B) by striking paragraph (2) and redesig- 3 nating paragraphs (3) through (5) as para- 4 graphs (2) through (4), respectively; and 5 (C) by amending paragraph (3) (as so re- 6 designated) to read as follows: 7 ‘‘(4) QUALIFYING COMPONENTS.—The term 8 ‘qualifying components’ means components, systems, 9 or groups of subsystems that the Secretary deter- 10 mines to be designed to reduce emissions of green- 11 house gases or oxides of nitrogen.’’; 12 (2) in subsection (b)— 13 (A) in the matter preceding paragraph 14 (1)— 15 (i) by striking ‘‘automobile manufac- 16 turers, ultra efficient vehicle manufactur- 17 ers,’’ and inserting ‘‘advanced technology 18 vehicle manufacturers’’; and 19 (ii) by striking ‘‘30 percent’’ and in- 20 serting ‘‘50 percent’’; 21 (B) in paragraph (1)— 22 (i) in subparagraph (A), by striking 23 ‘‘qualifying advanced technology vehicles;’’ 24 VerDate Sep 11 2014 22:14 Jan 10, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5558.IH H5558 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 5558 IH and inserting ‘‘advanced technology vehi- 1 cles; or’’; 2 (ii) in subparagraph (B), by striking 3 ‘‘; or’’ and inserting ‘‘; and’’; and 4 (iii) by striking subparagraph (C); 5 and 6 (C) in paragraph (2), by striking ‘‘quali- 7 fying vehicles, ultra efficient vehicles,’’ and in- 8 serting ‘‘advanced technology vehicles’’; 9 (3) in subsection (c), by striking ‘‘2020’’ and 10 inserting ‘‘2030’’ each place it appears; 11 (4) in subsection (g), by inserting ‘‘or medium- 12 duty or heavy-duty vehicles that emit zero green- 13 house gas emissions’’ after ‘‘ultra efficient vehicles’’; 14 (5) in subsection (h)— 15 (A) in the header, by striking ‘‘AUTO- 16 MOBILE’’ and inserting ‘‘ADVANCED TECH- 17 NOLOGY VEHICLE’’; and 18 (B) in paragraph (1)(B), by striking 19 ‘‘automobiles, or components of automobiles’’ 20 and inserting ‘‘advanced technology vehicles, or 21 components of advanced technology vehicles’’; 22 and 23 (6) in subsection (i), by striking ‘‘2008 through 24 2012’’ and inserting ‘‘2021 through 2030’’. 25 VerDate Sep 11 2014 22:14 Jan 10, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H5558.IH H5558 kjohnson on DSK79L0C42PROD with BILLS 13 •HR 5558 IH SEC. 6. STATE CONSIDERATION OF ELECTRIC VEHICLE 1 CHARGING. 2 (a) CONSIDERATION AND DETERMINATION RESPECT- 3 ING CERTAIN RATEMAKING STANDARDS.—Section 111(d) 4 of the Public Utility Regulatory Policies Act of 1978 (16 5 U.S.C. 2621(d)) is amended by adding at the end the fol- 6 lowing: 7 ‘‘(20) ELECTRIC VEHICLE CHARGING PRO- 8 GRAMS.— 9 ‘‘(A) IN GENERAL.—Each State shall con- 10 sider— 11 ‘‘(i) authorizing measures to stimulate 12 investment in and deployment of electric 13 vehicle supply equipment and to foster the 14 market for vehicle charging; 15 ‘‘(ii) authorizing each electric utility 16 of the State [Text truncated for display. Full text available on Congress.gov.]