23 USC 151 – National electric vehicle charging and hydrogen, propane, and natural gas fueling corridors
(a)
Terms Used In 23 USC 151
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States. See 1 USC 7
- vehicle: includes every description of carriage or other artificial contrivance used, or capable of being used, as a means of transportation on land. See 1 USC 4
(b)
(1) solicit nominations from State and local officials for facilities to be included in the corridors;
(2) incorporate existing electric vehicle charging, hydrogen fueling, propane fueling, and natural gas fueling corridors previously designated by the Federal Highway Administration or designated by a State or group of States; and
(3) consider the demand for, and location of, existing electric vehicle charging stations, hydrogen fueling stations, propane fueling stations, and natural gas fueling infrastructure.
(c)
(1) the heads of other Federal agencies;
(2) State and local officials;
(3) representatives of—
(A) energy utilities;
(B) the electric, fuel cell electric, propane, and natural gas vehicle industries;
(C) the freight and shipping industry;
(D) clean technology firms;
(E) the hospitality industry;
(F) the restaurant industry;
(G) highway rest stop vendors; and
(H) industrial gas and hydrogen manufacturers; and
(4) such other stakeholders as the Secretary determines to be necessary.
(d)
(1)
(2)
(e)
(1) identifies electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, and natural gas fueling infrastructure and standardization needs for electricity providers, industrial gas providers, natural gas providers, infrastructure providers, vehicle manufacturers, electricity purchasers, and natural gas purchasers;
(2) describes efforts, including through funds awarded through the grant program under subsection (f), that will aid efforts to achieve strategic deployment of electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, and natural gas fueling infrastructure in those corridors; and
(3) summarizes best practices and provides guidance, developed through consultation with the Secretary of Energy, for project development of electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure and natural gas fueling infrastructure at the State, Tribal, and local level to allow for the predictable deployment of that infrastructure.
(f)
(1)
(2)
(3)
(A) a State or political subdivision of a State;
(B) a metropolitan planning organization;
(C) a unit of local government;
(D) a special purpose district or public authority with a transportation function, including a port authority;
(E) an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304));
(F) a territory of the United States;
(G) an authority, agency, or instrumentality of, or an entity owned by, 1 or more entities described in subparagraphs (A) through (F); or
(H) a group of entities described in subparagraphs (A) through (G).
(4)
(A) a description of how the eligible entity has considered—
(i) public accessibility of charging or fueling infrastructure proposed to be funded with a grant under this subsection, including—
(I) charging or fueling connector types and publicly available information on real-time availability; and
(II) payment methods to ensure secure, convenient, fair, and equal access;
(ii) collaborative engagement with stakeholders (including automobile manufacturers, utilities, infrastructure providers, technology providers, electric charging, hydrogen, propane, and natural gas fuel providers, metropolitan planning organizations, States, Indian tribes, and units of local governments, fleet owners, fleet managers, fuel station owners and operators, labor organizations, infrastructure construction and component parts suppliers, and multi-State and regional entities)—
(I) to foster enhanced, coordinated, public-private or private investment in electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure;
(II) to expand deployment of electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure;
(III) to protect personal privacy and ensure cybersecurity; and
(IV) to ensure that a properly trained workforce is available to construct and install electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure;
(iii) the location of the station or fueling site, such as consideration of—
(I) the availability of onsite amenities for vehicle operators, such as restrooms or food facilities;
(II) access in compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);
(III) height and fueling capacity requirements for facilities that charge or refuel large vehicles, such as semi-trailer trucks; and
(IV) appropriate distribution to avoid redundancy and fill charging or fueling gaps;
(iv) infrastructure installation that can be responsive to technology advancements, such as accommodating autonomous vehicles, vehicle-to-grid technology, and future charging methods; and
(v) the long-term operation and maintenance of the electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure, to avoid stranded assets and protect the investment of public funds in that infrastructure; and
(B) an assessment of the estimated emissions that will be reduced through the use of electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure, which shall be conducted using the Alternative Fuel Life-Cycle Environmental and Economic Transportation (AFLEET) tool developed by Argonne National Laboratory (or a successor tool).
(5)
(A) consider the extent to which the application of the eligible entity would—
(i) improve alternative fueling corridor networks by—
(I) converting corridor-pending corridors to corridor-ready corridors; or
(II) in the case of corridor-ready corridors, providing redundancy—
(aa) to meet excess demand for charging or fueling infrastructure; or
(bb) to reduce congestion at existing charging or fueling infrastructure in high-traffic locations;
(ii) meet current or anticipated market demands for charging or fueling infrastructure;
(iii) enable or accelerate the construction of charging or fueling infrastructure that would be unlikely to be completed without Federal assistance;
(iv) support a long-term competitive market for electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure that does not significantly impair existing electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure providers;
(v) provide access to electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure in areas with a current or forecasted need; and
(vi) deploy electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure for medium- and heavy-duty vehicles (including along the National Highway Freight Network established under section 167(c)) and in proximity to intermodal transfer stations;
(B) ensure, to the maximum extent practicable, geographic diversity among grant recipients to ensure that electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure is available throughout the United States;
(C) consider whether the private entity that the eligible entity contracts with under paragraph (6)—
(i) submits to the Secretary the most recent year of audited financial statements; and
(ii) has experience in installing and operating electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure; and
(D) consider whether, to the maximum extent practicable, the eligible entity and the private entity that the eligible entity contracts with under paragraph (6) enter into an agreement—
(i) to operate and maintain publicly available electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas infrastructure; and
(ii) that provides a remedy and an opportunity to cure if the requirements described in clause (i) are not met.
(6)
(A)
(B)
(C)
(i)
(ii)
(iii)
(D)
(i)
(ii)
(I) receives a grant under this subsection; and
(II) is using that grant for the acquisition and installation of publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure.
(iii)
(iv)
(E)
(i)
(ii)
(7)
(8)
(A)
(B)
(C)
(i) an entity described in paragraph (3); and
(ii) a State or local authority with ownership of publicly accessible transportation facilities.
(D)
(i) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and
(ii) the acquisition and installation of electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure that is directly related to the charging or fueling of a vehicle, including any related construction or reconstruction and the acquisition of real property directly related to the project, such as locations described in subparagraph (E), to expand access to electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure.
(E)
(F)
(i) rural areas;
(ii) low- and moderate-income neighborhoods; and
(iii) communities with a low ratio of private parking spaces to households or a high ratio of multiunit dwellings to single family homes, as determined by the Secretary.
(G)
(i) contributes to geographic diversity among eligible entities, including achieving a balance between urban and rural communities; and
(ii) meets current or anticipated market demands for charging or fueling infrastructure, including faster charging speeds with high-powered capabilities necessary to minimize the time to charge or refuel current and anticipated vehicles.
(H)
(I)
(J)
(K)
(9)
(A)
(B)
(i) the Manual on Uniform Traffic Control Devices, if located in the right-of-way; and
(ii) other provisions of Federal, State, and local law, as applicable.
(10)
(A)
(B)
(11)