117th CONGRESS 1st Session |
To amend titles 23 and 49, United States Code, to provide for new and emerging technologies in transportation, and for other purposes.
October 26, 2021
Ms. Cortez Masto introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation
To amend titles 23 and 49, United States Code, to provide for new and emerging technologies in transportation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “New, Emerging, and Exciting Technologies in Transportation Act” or the “NEXT in Transportation Act”.
In this Act:
(1) DEPARTMENT.—The term “Department” means the Department of Transportation.
(2) SECRETARY.—The term “Secretary” means the Secretary of Transportation.
SEC. 3. Intelligent transportation systems program advisory committee.
Section 515(h) of title 23, United States Code, is amended—
(1) in paragraph (1), by inserting “(referred to in this subsection as the ‘Advisory Committee’)” after “an Advisory Committee”;
(A) in the matter preceding subparagraph (A), by striking “20 members” and inserting “25 members”;
(i) by striking “utilities,”; and
(ii) by striking the period at the end and inserting a semicolon;
(C) by redesignating subparagraphs (E) through (L) as subparagraphs (G), (I), (J), (K), (L), (M), (Q), and (R), respectively;
(D) by inserting after subparagraph (D) the following:
“(E) a representative of a national transit association;
“(F) a representative of a national, State, or local transportation agency or association;”;
(E) by inserting after subparagraph (G) (as so redesignated) the following:
“(H) a private sector developer of intelligent transportation system technologies, which may include emerging vehicle technologies;”;
(F) by inserting after subparagraph (M) (as so redesignated) the following:
“(N) a representative of a labor organization;
“(O) a representative of a mobility-providing entity;
“(P) an expert in traffic management;”; and
(G) by adding at the end the following:
“(S) an expert in cybersecurity; and
“(T) an automobile manufacturer.”;
(A) in subparagraph (A), by striking “section 508” and inserting “section 6503 of title 49”; and
(i) in the matter preceding clause (i), by inserting “programs and” before “research”; and
(ii) in clause (iii), by striking “research and” and inserting “programs, research, and”;
(4) by redesignating paragraphs (3) through (5) as paragraphs (5) through (7); and
(5) by inserting after paragraph (2) the following:
“(A) IN GENERAL.—The term of a member of the Advisory Committee shall be 3 years.
“(B) RENEWAL.—On expiration of the term of a member of the Advisory Committee, the member—
“(i) may be reappointed; or
“(ii) if the member is not reappointed under clause (i), may serve until a new member is appointed.
“(4) MEETINGS.—The Advisory Committee—
“(A) shall convene not less frequently than twice each year; and
“(B) may convene with the use of remote video conference technology.”.
SEC. 4. Smart community resource center.
(a) Definitions.—In this section:
(1) RESOURCE CENTER.—The term “resource center” means the Smart Community Resource Center established under subsection (b).
(2) SMART COMMUNITY.—The term “smart community” means a community that uses innovative technologies, data, analytics, and other means to improve the community and address local challenges.
(b) Establishment.—The Secretary shall work with the modal administrations of the Department and with such other Federal agencies and departments as the Secretary determines to be appropriate to make available to the public on an Internet website a resource center, to be known as the “Smart Community Resource Center”, that includes a compilation of resources or links to resources for States and local communities to use in developing and implementing—
(1) intelligent transportation system programs; or
(2) smart community transportation programs.
(c) Inclusions.—The resource center shall include links to—
(1) existing programs and resources for intelligent transportation system or smart community transportation programs, including technical assistance, education, training, funding, and examples of intelligent transportation systems or smart community transportation programs implemented by States and local communities, available from—
(A) the Department;
(B) other Federal agencies; and
(C) non-Federal sources;
(2) existing reports or databases with the results of intelligent transportation system or smart community transportation programs;
(3) any best practices developed or lessons learned from intelligent transportation system or smart community transportation programs; and
(4) such other resources as the Secretary determines to be appropriate.
(d) Deadline.—The Secretary shall establish the resource center by the date that is 1 year after the date of enactment of this Act.
(e) Updates.—The Secretary shall ensure that the resource center is updated on a regular basis.
SEC. 5. Strengthening mobility and revolutionizing transportation grant program.
(a) Definitions.—In this section:
(1) ELIGIBLE ENTITY.—The term “eligible entity” means—
(A) a State;
(B) a political subdivision of a State;
(C) a Tribal government;
(D) a public transit agency or authority;
(E) a public toll authority;
(F) a metropolitan planning organization; and
(G) a group of 2 or more eligible entities described in any of subparagraphs (A) through (F) applying through a single lead applicant.
(2) ELIGIBLE PROJECT.—The term “eligible project” means a project described in subsection (e).
(3) LARGE COMMUNITY.—The term “large community” means a community with a population of not less than 400,000 individuals, as determined under the most recent annual estimate of the Bureau of the Census.
(4) MIDSIZED COMMUNITY.—The term “midsized community” means any community that is not a large community or a rural community.
(5) REGIONAL PARTNERSHIP.—The term “regional partnership” means a partnership composed of 2 or more eligible entities located in jurisdictions with a combined population that is equal to or greater than the population of any midsized community.
(6) RURAL COMMUNITY.—The term “rural community” means a community that is located in an area that is outside of an urbanized area (as defined in section 5302 of title 49, United States Code).
(7) SMART GRANT.—The term “SMART grant” means a grant provided to an eligible entity under the Strengthening Mobility and Revolutionizing Transportation Grant Program established under subsection (b).
(b) Establishment of program.—The Secretary shall establish a program, to be known as the “Strengthening Mobility and Revolutionizing Transportation Grant Program”, under which the Secretary shall provide grants to eligible entities to conduct demonstration projects focused on advanced smart city or community technologies and systems in a variety of communities to improve transportation efficiency and safety.
(c) Distribution.—In determining the projects for which to provide a SMART grant, the Secretary shall consider contributions to geographical diversity among grant recipients, including the need for balancing the needs of rural communities, midsized communities, and large communities, consistent with the requirements of subparagraphs (A) through (C) of subsection (g)(1).
(1) IN GENERAL.—An eligible entity may submit to the Secretary an application for a SMART grant at such time, in such manner, and containing such information as the Secretary may require.
(2) TRANSPARENCY.—The Secretary shall include, in any notice of funding availability relating to SMART grants, a full description of the method by which applications under paragraph (1) will be evaluated.
(A) IN GENERAL.—The Secretary shall evaluate applications for SMART grants based on—
(i) the extent to which the eligible entity or applicable beneficiary community—
(I) has a public transportation system or other transit options capable of integration with other systems to improve mobility and efficiency;
(II) has a population density and transportation needs conducive to demonstrating proposed strategies;
(III) has continuity of committed leadership and the functional capacity to carry out the proposed project;
(IV) is committed to open data sharing with the public; and
(V) is likely to successfully implement the proposed eligible project, including through technical and financial commitments from the public and private sectors; and
(ii) the extent to which a proposed eligible project will use advanced data, technology, and applications to provide significant benefits to a local area, a State, a region, or the United States, including the extent to which the proposed eligible project will—
(I) reduce congestion and delays for commerce and the traveling public;
(II) improve the safety and integration of transportation facilities and systems for pedestrians, bicyclists, and the broader traveling public;
(III) improve access to jobs, education, and essential services, including health care;
(IV) connect or expand access for underserved or disadvantaged populations and reduce transportation costs;
(V) contribute to medium- and long-term economic competitiveness;
(VI) improve the reliability of existing transportation facilities and systems;
(VII) promote connectivity between and among connected vehicles, roadway infrastructure, pedestrians, bicyclists, the public, and transportation systems;
(VIII) incentivize private sector investments or partnerships, including by working with mobile and fixed telecommunication service providers, to the extent practicable;
(IX) improve energy efficiency or reduce pollution;
(X) increase the resiliency of the transportation system; and
(XI) improve emergency response.
(B) PRIORITY.—In providing SMART grants, the Secretary shall give priority to applications for eligible projects that would—
(i) demonstrate smart city or community technologies in repeatable ways that can rapidly be scaled;
(ii) encourage public and private sharing of data and best practices;
(iii) encourage private-sector innovation by promoting industry-driven technology standards, open platforms, technology-neutral requirements, and interoperability;
(iv) promote a skilled workforce that is inclusive of minority or disadvantaged groups;
(v) allow for the measurement and validation of the cost savings and performance improvements associated with the installation and use of smart city or community technologies and practices;
(vi) encourage the adoption of smart city or community technologies by communities;
(vii) promote industry practices regarding cybersecurity; and
(viii) safeguard individual privacy.
(4) TECHNICAL ASSISTANCE.—On request of an eligible entity that submitted an application under paragraph (1) with respect to a project that is not selected for a SMART grant, the Secretary shall provide to the eligible entity technical assistance and briefings relating to the project.
(A) IN GENERAL.—A SMART grant may be used to carry out a project that demonstrates at least 1 of the following:
(i) COORDINATED AUTOMATION.—The use of automated transportation and autonomous vehicles, while working to minimize the impact on the accessibility of any other user group or mode of travel.
(ii) CONNECTED VEHICLES.—Vehicles that send and receive information regarding vehicle movements in the network and use vehicle-to-vehicle and vehicle-to-everything communications to provide advanced and reliable connectivity.
(iii) INTELLIGENT, SENSOR-BASED INFRASTRUCTURE.—The deployment and use of a collective intelligent infrastructure that allows sensors to collect and report real-time data to inform everyday transportation-related operations and performance.
(iv) SYSTEMS INTEGRATION.—The integration of intelligent transportation systems with other existing systems and other advanced transportation technologies.
(v) COMMERCE DELIVERY AND LOGISTICS.—Innovative data and technological solutions supporting efficient goods movement, such as connected vehicle probe data, road weather data, or global positioning data to improve on-time pickup and delivery, improved travel time reliability, reduced fuel consumption and emissions, and reduced labor and vehicle maintenance costs.
(vi) LEVERAGING USE OF INNOVATIVE AVIATION TECHNOLOGY.—Leveraging the use of innovative aviation technologies, such as unmanned aircraft systems, to support transportation safety and efficiencies, including traffic monitoring and infrastructure inspection.
(vii) SMART GRID.—Development of a programmable and efficient energy transmission and distribution system to support the adoption or expansion of energy capture, electric vehicle deployment, or freight or commercial fleet fuel efficiency.
(viii) SMART TECHNOLOGY TRAFFIC SIGNALS.—Improving the active management and functioning of traffic signals, including through—
(I) the use of automated traffic signal performance measures;
(II) implementing strategies, activities, and projects that support active management of traffic signal operations, including through optimization of corridor timing, improved vehicle, pedestrian, and bicycle detection at traffic signals, or the use of connected vehicle technologies;
(III) replacing outdated traffic signals; or
(IV) for an eligible entity serving a population of less than 500,000, paying the costs of temporary staffing hours dedicated to updating traffic signal technology.
(2) ELIGIBLE PROJECT COSTS.—A SMART grant may be used for—
(A) development phase activities, including—
(i) planning;
(ii) feasibility analyses;
(iii) revenue forecasting;
(iv) environmental review;
(v) permitting;
(vi) preliminary engineering and design work;
(vii) systems development or information technology work; and
(viii) acquisition of real property (including land and improvements to land relating to an eligible project); and
(B) construction phase activities, including—
(i) construction;
(ii) reconstruction;
(iii) rehabilitation;
(iv) replacement;
(v) environmental mitigation;
(vi) construction contingencies; and
(vii) acquisition of equipment, including vehicles.
(3) PROHIBITED USES.—A SMART grant shall not be used—
(A) to reimburse any preaward costs or application preparation costs of the SMART grant application;
(B) for any traffic or parking enforcement activity; or
(C) to purchase or lease a license plate reader.
(1) ELIGIBLE ENTITIES.—Not later than 2 years after the date on which an eligible entity receives a SMART grant, and annually thereafter until the date on which the SMART grant is expended, the eligible entity shall submit to the Secretary an implementation report that describes—
(A) the deployment and operational costs of each eligible project carried out by the eligible entity, as compared to the benefits and savings from the eligible project; and
(B) the means by which each eligible project carried out by the eligible entity has met the original expectation, as projected in the SMART grant application, including—
(i) data describing the means by which the eligible project met the specific goals for the project, such as—
(I) reducing traffic-related fatalities and injuries;
(II) reducing traffic congestion or improving travel-time reliability;
(III) providing the public with access to real-time integrated traffic, transit, and multimodal transportation information to make informed travel decisions; or
(IV) reducing barriers or improving access to jobs, education, or various essential services;
(ii) the effectiveness of providing to the public real-time integrated traffic, transit, and multimodal transportation information to make informed travel decisions; and
(iii) lessons learned and recommendations for future deployment strategies to optimize transportation efficiency and multimodal system performance.
(2) GAO.—Not later than 4 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct, and submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the results of, a review of the SMART grant program under this section.
(A) REPORT TO CONGRESS.—Not later than 2 years after the date on which the initial SMART grants are provided under this section, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives a report that—
(i) describes each eligible entity that received a SMART grant;
(ii) identifies the amount of each SMART grant provided;
(iii) summarizes the intended uses of each SMART grant;
(iv) describes the effectiveness of eligible entities in meeting the goals described in the SMART grant application of the eligible entity, including an assessment or measurement of the realized improvements or benefits resulting from each SMART grant; and
(v) describes lessons learned and recommendations for future deployment strategies to optimize transportation efficiency and multimodal system performance.
(B) BEST PRACTICES.—The Secretary shall—
(i) develop and regularly update best practices based on, among other information, the data, lessons learned, and feedback from eligible entities that received SMART grants;
(ii) publish the best practices under clause (i) on a publicly available website; and
(iii) update the best practices published on the website under clause (ii) regularly.
(g) Authorization of appropriations.—
(1) IN GENERAL.—There is authorized to be appropriated to the Secretary $100,000,000 for each of the first 5 fiscal years beginning after the date of enactment of this Act, of which—
(A) not more than 40 percent shall be used to provide SMART grants for eligible projects that primarily benefit large communities;
(B) not more than 30 percent shall be provided for eligible projects that primarily benefit midsized communities; and
(C) not more than 30 percent shall be used to provide SMART grants for eligible projects that primarily benefit rural communities or regional partnerships.
(2) ADMINISTRATIVE COSTS.—Of the amounts made available under paragraph (1) for each fiscal year, not more than 2 percent shall be used for administrative costs of the Secretary in carrying out this section.
(3) LIMITATION.—An eligible entity may not use more than 3 percent of the amount of a SMART grant for each fiscal year to achieve compliance with applicable planning and reporting requirements.
(4) AVAILABILITY.—The amounts made available for a fiscal year pursuant to this subsection shall be available for obligation during the 2-fiscal-year period beginning on the first day of the fiscal year for which the amounts were appropriated.
SEC. 6. Electric vehicle working group.
(a) Definitions.—In this section:
(1) SECRETARIES.—The term “Secretaries” means—
(A) the Secretary; and
(B) the Secretary of Energy.
(2) WORKING GROUP.—The term “working group” means the electric vehicle working group established under subsection (b)(1).
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretaries shall jointly establish an electric vehicle working group to make recommendations regarding the development, adoption, and integration of light-, medium-, and heavy-duty electric vehicles into the transportation and energy systems of the United States.
(A) IN GENERAL.—The working group shall be composed of—
(i) the Secretaries (or designees), who shall be co-chairs of the working group; and
(ii) not more than 25 members, to be appointed by the Secretaries, of whom—
(I) not more than 6 shall be Federal stakeholders as described in subparagraph (B); and
(II) not more than 19 shall be non-Federal stakeholders as described in subparagraph (C).
(B) FEDERAL STAKEHOLDERS.—The working group—
(i) shall include not fewer than 1 representative of each of—
(I) the Department;
(II) the Department of Energy;
(III) the Environmental Protection Agency;
(IV) the Council on Environmental Quality; and
(V) the General Services Administration; and
(ii) may include a representative of any other Federal agency the Secretaries consider to be appropriate.
(C) NON-FEDERAL STAKEHOLDERS.—
(i) IN GENERAL.—Subject to clause (ii), the working group—
(I) shall include not fewer than 1 representative of each of—
(aa) a manufacturer of light-duty electric vehicles or the relevant components of light-duty electric vehicles;
(bb) a manufacturer of medium- and heavy-duty vehicles or the relevant components of medium- and heavy-duty electric vehicles;
(cc) a manufacturer of electric vehicle batteries;
(dd) an owner, operator, or manufacturer of electric vehicle charging equipment;
(ee) the public utility industry;
(ff) a public utility regulator or association of public utility regulators;
(gg) the transportation fueling distribution industry;
(hh) the energy provider industry;
(ii) the automotive dealing industry;
(jj) the for-hire passenger transportation industry;
(kk) an organization representing units of local government;
(ll) an organization representing regional transportation or planning agencies;
(mm) an organization representing State departments of transportation;
(nn) an organization representing State departments of energy or State energy planners;
(oo) the intelligent transportation systems and technologies industry;
(pp) labor organizations representing workers in transportation manufacturing, construction, or operations;
(qq) the trucking industry;
(rr) Tribal governments; and
(ss) the property development industry; and
(II) may include a representative of any other non-Federal stakeholder that the Secretaries consider to be appropriate.
(ii) REQUIREMENT.—The stakeholders selected under clause (i) shall, in the aggregate—
(I) consist of individuals with a balance of backgrounds, experiences, and viewpoints; and
(II) include individuals that represent geographically diverse regions of the United States, including individuals representing the perspectives of rural, urban, and suburban areas.
(D) COMPENSATION.—A member of the working group shall serve without compensation.
(A) IN GENERAL.—The working group shall meet not less frequently than once every 120 days.
(B) REMOTE PARTICIPATION.—A member of the working group may participate in a meeting of the working group via teleconference or similar means.
(4) COORDINATION.—In carrying out the duties of the working group, the working group shall coordinate and consult with any existing Federal interagency working groups on fleet conversion or other similar matters relating to electric vehicles.
(c) Reports and strategy on electric vehicle adoption.—
(1) WORKING GROUP REPORTS.—The working group shall complete by each of the deadlines described in paragraph (2) a report describing the status of electric vehicle adoption including—
(A) a description of the barriers and opportunities to scaling up electric vehicle adoption throughout the United States, including recommendations for issues relating to—
(i) consumer behavior;
(ii) charging infrastructure needs, including standardization and cybersecurity;
(iii) manufacturing and battery costs, including the raw material shortages for batteries and electric motor magnets;
(iv) the adoption of electric vehicles for low- and moderate-income individuals and underserved communities, including charging infrastructure access and vehicle purchase financing;
(v) business models for charging personal electric vehicles outside the home, including wired and wireless charging;
(vi) charging infrastructure permitting and regulatory issues;
(vii) the connections between housing and transportation costs and emissions;
(viii) freight transportation, including local, port and drayage, regional, and long-haul trucking;
(ix) intercity passenger travel;
(x) the process by which governments collect a user fee for the contribution of electric vehicles to funding roadway improvements;
(xi) State- and local-level policies, incentives, and zoning efforts;
(xii) the installation of highway corridor signage;
(xiii) secondary markets and recycling for batteries;
(xiv) grid capacity and integration;
(xv) energy storage; and
(xvi) specific regional or local issues that may not appear to apply throughout the United States, but may hamper nationwide adoption or coordination of electric vehicles;
(B) examples of successful public and private models and demonstration projects that encourage electric vehicle adoption;
(C) an analysis of current efforts to overcome the barriers described in subparagraph (A);
(D) an analysis of the estimated costs and benefits of any recommendations of the working group; and
(E) any other topics, as determined by the working group.
(2) DEADLINES.—A report under paragraph (1) shall be submitted to the Secretaries, the Committees on Commerce, Science, and Transportation and Appropriations of the Senate and the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives—
(A) in the case of the first report, by not later than 18 months after the date on which the working group is established under subsection (b)(1);
(B) in the case of the second report, by not later than 2 years after the date on which the first report is required to be submitted under subparagraph (A); and
(C) in the case of the third report, by not later than 2 years after the date on which the second report is required to be submitted under subparagraph (B).
(A) IN GENERAL.—Based on the reports submitted by the working group under paragraph (1), the Secretaries shall jointly develop, maintain, and update a strategy that describes the means by which the Federal Government, States, units of local government, and industry can—
(i) establish quantitative targets for transportation electrification;
(ii) overcome the barriers described in paragraph (1)(A);
(iii) identify areas of opportunity in research and development to improve battery manufacturing, mineral mining, recycling costs, material recovery, fire risks, and battery performance for electric vehicles;
(iv) enhance Federal interagency coordination to promote electric vehicle adoption;
(v) prepare the workforce for the adoption of electric vehicles, including through collaboration with labor unions, educational institutions, and relevant manufacturers;
(vi) expand electric vehicle and charging infrastructure;
(vii) expand knowledge of the benefits of electric vehicles among the general public;
(viii) maintain the global competitiveness of the United States in the electric vehicle and charging infrastructure markets;
(ix) provide clarity in regulations to improve national uniformity with respect to electric vehicles; and
(x) ensure the sustainable integration of electric vehicles into the national electric grid.
(B) NOTICE AND COMMENT.—In carrying out subparagraph (A), the Secretaries shall provide public notice and opportunity for comment on the strategy described in that subparagraph.
(A) IN GENERAL.—The Secretaries may enter into an agreement with the Transportation Research Board of the National Academies of Sciences, Engineering, and Medicine to provide, track, or report data, information, or research to assist the working group in carrying out paragraph (1).
(B) USE OF EXISTING INFORMATION.—In developing a report under paragraph (1) or a strategy under paragraph (3), the Secretaries and the working group shall take into consideration existing Federal, State, local, private sector, and academic data and information relating to electric vehicles and, to the maximum extent practicable, coordinate with the entities that publish that information—
(i) to prevent duplication of efforts by the Federal Government; and
(ii) to leverage existing information and complementary efforts.
(d) Coordination.—To the maximum extent practicable, the Secretaries and the working group shall carry out this section using all available existing resources, websites, and databases of Federal agencies, such as—
(1) the Alternative Fuels Data Center;
(2) the Energy Efficient Mobility Systems program; and
(3) the Clean Cities Coalition Network.
(e) Termination.—The working group shall terminate on submission of the third report required under subsection (c)(2)(C).
SEC. 7. National electric vehicle program.
In addition to amounts otherwise available, out of any money in the Treasury not otherwise appropriated, there is appropriated to the Secretary in equal amounts for each of fiscal years 2022 through 2026, to remain available until expended, $5,000,000,000, to remain available until expended for amounts made available for each of fiscal years 2022 through 2026, to carry out a National Electric Vehicle Formula Program (referred to in this section as the “Program”) to provide funding to States to strategically deploy electric vehicle charging infrastructure and to establish an interconnected network to facilitate data collection, access, and reliability: Provided, That funds made available under this section shall be used for: (1) the acquisition and installation of electric vehicle charging infrastructure to serve as a catalyst for the deployment of such infrastructure and to connect it to a network to facilitate data collection, access, and reliability; (2) proper operation and maintenance of electric vehicle charging infrastructure; and (3) data sharing about electric vehicle charging infrastructure to ensure the long-term success of investments made under this section: Provided further, That for each of fiscal years 2022 through 2026, the Secretary shall distribute among the States the funds made available under this section so that each State receives an amount equal to the proportion that the total base apportionment or allocation determined for the State under subsection (c) of section 104 or under section 165 of title 23, United States Code, bears to the total base apportionments or allocations for all States under subsection (c) of section 104 and section 165 of title 23, United States Code: Provided further, That the Federal share payable for the cost of a project funded under this section shall be 80 percent: Provided further, That the Secretary shall establish a deadline by which a State shall provide a plan to the Secretary, in such form and such manner that the Secretary requires (to be made available on the Department’s website), describing how such State intends to use funds distributed to the State under this section to carry out the Program for each fiscal year in which funds are made available: Provided further, That, not later than 120 days after the deadline established in the preceding proviso, the Secretary shall make publicly available on the Department’s website and submit to the House Committee on Transportation and Infrastructure, the Senate Committee on Environment and Public Works, and the House and Senate Committees on Appropriations, a report summarizing each plan submitted by a State to the Department and an assessment of how such plans make progress towards the establishment of a national network of electric vehicle charging infrastructure: Provided further, That if a State fails to submit the plan required under the fourth proviso of this section to the Secretary by the date specified in such proviso, or if the Secretary determines a State has not taken action to carry out its plan, the Secretary may withhold or withdraw, as applicable, funds made available under this section for the fiscal year from the State and award such funds on a competitive basis to local jurisdictions within the State for use on projects that meet the eligibility requirements under this section: Provided further, That, prior to the Secretary making a determination that a State has not taken actions to carry out its plan, the Secretary shall notify the State, consult with the State, and identify actions that can be taken to rectify concerns, and provide at least 90 days for the State to rectify concerns and take action to carry out its plan: Provided further, That the Secretary shall provide notice to a State on the intent to withhold or withdraw funds not less than 60 days before withholding or withdrawing any funds, during which time the States shall have an opportunity to appeal a decision to withhold or withdraw funds directly to the Secretary: Provided further, That if the Secretary determines that any funds withheld or withdrawn from a State under the preceding proviso cannot be fully awarded to local jurisdictions within the State under the preceding proviso in a manner consistent with the purpose of this section, any such funds remaining shall be distributed among other States (except States for which funds for that fiscal year have been withheld or withdrawn under the preceding proviso) in the same manner as funds distributed for that fiscal year under the second proviso under this section, except that the ratio shall be adjusted to exclude States for which funds for that fiscal year have been withheld or withdrawn under the preceding proviso: Provided further, That funds distributed under the preceding proviso shall only be available to carry out this section: Provided further, That funds made available under this section may be used to contract with a private entity for acquisition and installation of publicly accessible electric vehicle charging infrastructure and the private entity may pay the non-Federal share of the cost of a project funded under this section: Provided further, That funds made available under this section shall be for projects directly related to the charging of a vehicle and only for electric vehicle charging infrastructure that is open to the general public or to authorized commercial motor vehicle operators from more than one company: Provided further, That any electric vehicle charging infrastructure acquired or installed with funds made available under this section shall be located along a designated alternative fuel corridor: Provided further, That no later than 90 days after the date of enactment of this Act, the Secretary, in coordination with the Secretary of Energy, shall develop guidance for States and localities to strategically deploy electric vehicle charging infrastructure, consistent with this section: Provided further, That the Secretary, in coordination with the Secretary of Energy, shall consider the following in developing the guidance described in the preceding proviso: (1) the distance between publicly available electric vehicle charging infrastructure; (2) connections to the electric grid, including electric distribution upgrades; vehicle-to-grid integration, including smart charge management or other protocols that can minimize impacts to the grid; alignment with electric distribution interconnection processes, and plans for the use of renewable energy sources to power charging and energy storage; (3) the proximity of existing off-highway travel centers, fuel retailers, and small businesses to electric vehicle charging infrastructure acquired or funded under this section; (4) the need for publicly available electric vehicle charging infrastructure in rural corridors and underserved or disadvantaged communities; (5) the long-term operation and maintenance of publicly available electric vehicle charging infrastructure to avoid stranded assets and protect the investment of public funds in that infrastructure; (6) existing private, national, State, local, Tribal, and territorial government electric vehicle charging infrastructure programs and incentives; (7) fostering enhanced, coordinated, public-private or private investment in electric vehicle charging infrastructure; (8) meeting current and anticipated market demands for electric vehicle charging infrastructure, including with regard to power levels and charging speed, and minimizing the time to charge current and anticipated vehicles; and (9) any other factors, as determined by the Secretary: Provided further, That if a State determines, and the Secretary certifies, that the designated alternative fuel corridors in the States are fully built out, then the State may use funds provided under this section for electric vehicle charging infrastructure on any public road or in other publicly accessible locations, such as parking facilities at public buildings, public schools, and public parks, or in publicly accessible parking facilities owned or managed by a private entity: Provided further, That subject to the minimum standards and requirements established under the following proviso, funds made available under this section may be used for: (1) the acquisition or installation of electric vehicle charging infrastructure; (2) operating assistance for costs allocable to operating and maintaining electric vehicle charging infrastructure acquired or installed under this section, for a period not to exceed five years; (3) the acquisition or installation of traffic control devices located in the right-of-way to provide directional information to electric vehicle charging infrastructure acquired, installed, or operated under this section; (4) on-premises signs to provide information about electric vehicle charging infrastructure acquired, installed, or operated under this section; (5) development phase activities relating to the acquisition or installation of electric vehicle charging infrastructure, as determined by the Secretary; or (6) mapping and analysis activities to evaluate, in an area in the United States designated by the eligible entity, the locations of current and future electric vehicle owners, to forecast commuting and travel patterns of electric vehicles and the quantity of electricity required to serve electric vehicle charging stations, to estimate the concentrations of electric vehicle charging stations to meet the needs of current and future electric vehicle drivers, to estimate future needs for electric vehicle charging stations to support the adoption and use of electric vehicles in shared mobility solutions, such as micro-transit and transportation network companies, and to develop an analytical model to allow a city, county, or other political subdivision of a State or a local agency to compare and evaluate different adoption and use scenarios for electric vehicles and electric vehicle charging stations: Provided further, That not later than 180 days after the date of enactment of this Act, the Secretary, in coordination with the Secretary of Energy and in consultation with relevant stakeholders, shall, as appropriate, develop minimum standards and requirements related to: (1) the installation, operation, or maintenance by qualified technicians of electric vehicle charging infrastructure under this section; (2) the interoperability of electric vehicle charging infrastructure under this section; (3) any traffic control device or on-premises sign acquired, installed, or operated under this section; (4) any data requested by the Secretary related to a project funded under this section, including the format and schedule for the submission of such data; (5) network connectivity of electric vehicle charging infrastructure; and (6) information on publicly available electric vehicle charging infrastructure locations, pricing, real-time availability, and accessibility through mapping applications: Provided further, That not later than 1 year after the date of enactment of this Act, the Secretary shall designate national electric vehicle charging corridors that identify the near- and long-term need for, and the location of, electric vehicle charging infrastructure to support freight and goods movement at strategic locations along major national highways, the National Highway Freight Network established under section 167 of title 23, United States Code, and goods movement locations including ports, intermodal centers, and warehousing locations: Provided further, That the report issued under section 151(e) of title 23, United States Code, shall include a description of efforts to achieve strategic deployment of electric vehicle charging infrastructure in electric vehicle charging corridors, including progress on the implementation of the Program under this section: Provided further, That, for fiscal year 2022, before distributing funds made available under this section to States, the Secretary shall set aside from funds made available under this section to carry out this section not more than $300,000,000, which may be transferred to the Joint Office described in the twenty-fourth proviso of this section, to establish such Joint Office and carry out its duties under this section: Provided further, That, for each of fiscal years 2022 through 2026, after setting aside funds under the preceding proviso, and before distributing funds made available under this section to States, the Secretary shall set aside from funds made available under this section for such fiscal year to carry out this section 10 percent should go to States or localities that require additional assistance to strategically deploy electric vehicle charging infrastructure: Provided further, That not later than 1 year after the date of enactment of this Act, the Secretary shall establish a grant program to administer to States or localities the amounts set aside under the preceding proviso: Provided further, That, except as otherwise specified under this section, funds made available under this section, other than funds transferred under the nineteenth proviso of this section to the Joint Office, shall be administered as if apportioned under chapter 1 of title 23, United States Code: Provided further, That funds made available under this section shall not be transferable under section 126 of title 23, United States Code: Provided further, That there is established a Joint Office of Energy and Transportation (referred to in this section as the “Joint Office”) in the Department and the Department of Energy to study, plan, coordinate, and implement issues of joint concern between the two agencies, which shall include: (1) technical assistance related to the deployment, operation, and maintenance of zero emission vehicle charging and refueling infrastructure, renewable energy generation, vehicle-to-grid integration, including microgrids, and related programs and policies; (2) data sharing of installation, maintenance, and utilization in order to continue to inform the network build out of zero emission vehicle charging and refueling infrastructure; (3) performance of a national and regionalized study of zero emission vehicle charging and refueling infrastructure needs and deployment factors, to support grants for community resilience and electric vehicle integration; (4) development and deployment of training and certification programs; (5) establishment and implementation of a program to promote renewable energy generation, storage, and grid integration, including microgrids, in transportation rights-of-way; (6) studying, planning, and funding for high-voltage distributed current infrastructure in the rights-of-way of the Interstate System and for constructing high-voltage and or medium-voltage transmission pilots in the rights-of-way of the Interstate System; (7) research, strategies, and actions under the Departments’ statutory authorities to reduce transportation-related emissions and mitigate the effects of climate change; (8) development of a streamlined utility accommodations policy for high-voltage and medium-voltage transmission in the transportation right-of-way; and (9) any other issues that the Secretary and the Secretary of Energy identify as issues of joint interest: Provided further, That the Joint Office of Energy and Transportation shall establish and maintain a public database, accessible on both Department and Department of Energy websites, that includes: (1) information maintained on the Alternative Fuel Data Center by the Office of Energy Efficiency and Renewable Energy of the Department of Energy with respect to the locations of electric vehicle charging stations; (2) potential locations for electric vehicle charging stations identified by eligible entities through the program; and (3) the ability to sort generated results by various characteristics with respect to electric vehicle charging stations, including location, in terms of the State, city, or county; status (operational, under construction, or planned); and charging type, in terms of Level 2 charging equipment or Direct Current Fast Charging Equipment: Provided further, That the Secretary and the Secretary of Energy shall cooperatively administer the Joint Office consistent with this section: Provided further, That the Secretary and the Secretary of Energy may transfer funds between the Department and the Department of Energy from funds provided under this section to establish the Joint Office and to carry out its duties under this section and any such funds or portions thereof transferred to the Joint Office may be transferred back to and merged with this account: Provided further, That the Secretary and the Secretary of Energy shall notify the House and Senate Committees on Appropriations not less than 15 days prior to transferring any funds under the previous proviso: Provided further, That for the purposes of funds made available under this section: (1) the term “State” has the meaning given such term in section 101 of title 23, United States Code; and (2) the term “Federal-aid highway” means a public highway eligible for assistance under chapter 1 of title 23, United States Code, other than a highway functionally classified as a local road or rural minor collector.
SEC. 8. Public transportation.
(a) In general.—Section 5302(3)(G) of title 49, United States Code, is amended—
(1) by redesignating clauses (iv) and (v) as clauses (v) and (vi), respectively;
(2) by inserting after clause (iii) the following:
“(iv) provides that if equipment to fuel privately owned zero-emission passenger vehicles is installed, the recipient of assistance under this chapter shall collect fees from users of the equipment in order to recover the costs of construction, maintenance, and operation of the equipment;”;
(3) in clause (vi) (as so redesignated)—
(A) in subclause (XIII), by striking “and” at the end;
(B) in subclause (XIV), by adding “and” after the semicolon; and
(C) by adding at the end the following:
“(XV) technology to fuel a zero-emission vehicle;”.
(1) Section 5336(e) of title 49, United States Code, is amended by striking “, as defined in section 5302(4)”.
(2) Section 28501(4) of title 49, United States Code, is amended by striking “section 5302(a)(6)” and inserting “section 5302”.
SEC. 9. State energy conservation plans.
Section 362(d) of the Energy Policy and Conservation Act (42 U.S.C. 6322(d)) is amended by striking paragraph (3) and inserting the following:
“(3) programs to increase transportation energy efficiency, including programs to help reduce carbon emissions in the transportation sector by 2050 and accelerate the use of alternative transportation fuels for, and the electrification of, State government vehicles, fleet vehicles, taxis and ridesharing services, mass transit, school buses, ferries, and privately owned passenger and medium- and heavy-duty vehicles;”.
SEC. 10. Transportation workforce development.
(a) Assessment.—The Secretary shall enter into an arrangement with the National Academy of Sciences under which the National Academy shall develop and submit to the Secretary a workforce needs assessment that—
(A) the education and recruitment of technical workers for the intelligent transportation technologies and systems industry;
(B) the development of a workforce skilled in various types of intelligent transportation technologies, components, infrastructure, and equipment, including with respect to—
(i) installation;
(ii) maintenance;
(iii) manufacturing;
(iv) operations, including data analysis and review; and
(v) cybersecurity; and
(C) barriers to employment in the intelligent transportation technologies and systems industry for—
(i) individuals who are former offenders (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102));
(ii) individuals with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)); and
(iii) individuals that represent populations that are traditionally underrepresented in the workforce; and
(2) includes recommendations relating to the issues described in paragraph (1).
(1) ESTABLISHMENT.—The Secretary shall establish a working group, to be composed of—
(A) the Secretary of Energy;
(B) the Secretary of Labor; and
(C) the heads of such other Federal agencies as the Secretary determines to be necessary.
(A) IN GENERAL.—The working group established under paragraph (1) shall develop an intelligent transportation technologies and systems industry workforce development implantation plan.
(B) REQUIREMENTS.—The implementation plan under subparagraph (A) shall address any issues and recommendations included in the needs assessment under subsection (a), taking into consideration a whole-of-government approach with respect to—
(i) using registered apprenticeship and preapprenticeship programs; and
(ii) re-skilling workers who may be interested in working within the intelligent transportation technologies and systems industry.
(3) SUBMISSION TO CONGRESS.—Not later than 1 year after the date of receipt of the needs assessment under subsection (a), the Secretary shall submit to Congress the implementation plan developed under paragraph (2).
(4) TERMINATION.—The working group established under paragraph (1) shall terminate on the date on which the implementation plan developed under paragraph (2) is submitted to Congress under paragraph (3).
(c) Transportation workforce outreach program.—
(1) IN GENERAL.—Subchapter I of chapter 55 of title 49, United States Code, is amended by adding at the end the following:
Ҥ 5506. Transportation workforce outreach program
“(a) In general.—The Secretary of Transportation (referred to in this section as the ‘Secretary’) shall establish and administer a transportation workforce outreach program, under which the Secretary shall carry out a series of public service announcement campaigns during each of fiscal years 2022 through 2026.
“(b) Purposes.—The purpose of the campaigns carried out under the program under this section shall be—
“(1) to increase awareness of career opportunities in the transportation sector, including aviation pilots, safety inspectors, mechanics and technicians, air traffic controllers, flight attendants, truck and bus drivers, engineers, transit workers, railroad workers, and other transportation professionals; and
“(2) to target awareness of professional opportunities in the transportation sector to diverse segments of the population, including with respect to race, sex, ethnicity, ability (including physical and mental ability), veteran status, and socioeconomic status.
“(c) Advertising.—The Secretary may use, or authorize the use of, amounts made available to carry out the program under this section for the development, production, and use of broadcast, digital, and print media advertising and outreach in carrying out a campaign under this section.
“(d) Funding.—The Secretary may use to carry out this section any amounts otherwise made available to the Secretary, not to exceed $5,000,000, for each of fiscal years 2022 through 2026.”.
(2) CLERICAL AMENDMENT.—The analysis for subchapter I of chapter 55 of title 49, United States Code, is amended by adding at the end the following:
“5506. Transportation workforce outreach program.”.