§ 151 TITLE 23—HIGHWAYS Page 258

114–94, set out as a note under section 5313 of Title 5, and natural gas fueling corridors previously
Government Organization and Employees. designated by the Federal Highway Adminis-
Pub. L. 114–94, div. A, title I, § 1446(d), Dec. 4, 2015, 129 tration or designated by a State or group of
Stat. 1438, provided that the amendment made by sec-
tion 1446(d)(2)(A) is effective as of July 6, 2012, and as
States; and
if included in Pub. L. 112–141 as enacted. (3) consider the demand for, and location of,
existing electric vehicle charging stations, hy-
EFFECTIVE DATE drogen fueling stations, propane fueling sta-
Section effective Oct. 1, 2012, see section 3(a) of Pub. tions, and natural gas fueling infrastructure.
L. 112–141, set out as an Effective and Termination
(c) STAKEHOLDERS.—In designating corridors
Dates of 2012 Amendment note under section 101 of this
title. under subsection (a), the Secretary shall in-
volve, on a voluntary basis, stakeholders that
PERFORMANCE MANAGEMENT DATA SUPPORT PROGRAM include—
Pub. L. 114–94, div. A, title VI, § 6028, Dec. 4, 2015, 129 (1) the heads of other Federal agencies;
Stat. 1587, as amended by Pub. L. 117–58, div. A, title (2) State and local officials;
III, § 13003, Nov. 15, 2021, 135 Stat. 628, provided that: (3) representatives of—
‘‘(a) PERFORMANCE MANAGEMENT DATA SUPPORT.—The (A) energy utilities;
Administrator of the Federal Highway Administration (B) the electric, fuel cell electric, propane,
shall develop, use, and maintain data sets and data and natural gas vehicle industries;
analysis tools to assist metropolitan planning organi- (C) the freight and shipping industry;
zations, States, and the Federal Highway Administra- (D) clean technology firms;
tion in carrying out performance management analyses (E) the hospitality industry;
(including the performance management requirements (F) the restaurant industry;
under section 150 of title 23, United States Code). (G) highway rest stop vendors; and
‘‘(b) INCLUSIONS.—The data analysis activities author- (H) industrial gas and hydrogen manufac-
ized under subsection (a) may include—
‘‘(1) collecting and distributing vehicle probe data
turers; and
describing traffic on Federal-aid highways; (4) such other stakeholders as the Secretary
‘‘(2) collecting household travel behavior data to as- determines to be necessary.
sess local and cross-jurisdictional travel, including to
accommodate external and through travel; (d) REDESIGNATION.—
‘‘(3) enhancing existing data collection and analysis (1) INITIAL REDESIGNATION.—Not later than
tools to accommodate performance measures, tar- 180 days after the date of enactment of the
gets, and related data, so as to better understand trip Surface Transportation Reauthorization Act
origin and destination, trip time, and mode; of 2021, the Secretary shall update and redesig-
‘‘(4) enhancing existing data analysis tools to im- nate the corridors under subsection (a).
prove performance predictions and travel models in (2) SUBSEQUENT REDESIGNATION.—The Sec-
reports described in section 150(e) of title 23, United
States Code; and
retary shall establish a recurring process to
‘‘(5) developing tools— regularly update and redesignate the corridors
‘‘(A) to improve performance analysis; and under subsection (a).
‘‘(B) to evaluate the effects of project invest- (e) REPORT.—During designation and redesig-
ments on performance.
nation of the corridors under this section, the
‘‘(c) FUNDING.—From amounts authorized to carry
out the Highway Research and Development Program, Secretary shall issue a report that—
the Administrator of the Federal Highway Administra- (1) identifies electric vehicle charging infra-
tion may use up to $10,000,000 for each of fiscal years structure, hydrogen fueling infrastructure,
2022 through 2026 to carry out this section.’’ propane fueling infrastructure, and natural
gas fueling infrastructure and standardization
§ 151. National electric vehicle charging and hy- needs for electricity providers, industrial gas
drogen, propane, and natural gas fueling cor- providers, natural gas providers, infrastruc-
ridors ture providers, vehicle manufacturers, elec-
(a) IN GENERAL.—The Secretary shall periodi- tricity purchasers, and natural gas purchasers;
cally designate national electric vehicle charg- (2) describes efforts, including through funds
ing and hydrogen, propane, and natural gas fuel- awarded through the grant program under sub-
ing corridors that identify the near- and long- section (f), that will aid efforts to achieve
term need for, and location of, electric vehicle strategic deployment of electric vehicle charg-
charging infrastructure, hydrogen fueling infra- ing infrastructure, hydrogen fueling infra-
structure, propane fueling infrastructure, and structure, propane fueling infrastructure, and
natural gas fueling infrastructure at strategic natural gas fueling infrastructure in those
locations along major national highways to sup- corridors; and
port changes in the transportation sector that (3) summarizes best practices and provides
help achieve a reduction in greenhouse gas emis- guidance, developed through consultation with
sions and improve the mobility of passenger and the Secretary of Energy, for project develop-
commercial vehicles that employ electric, hy- ment of electric vehicle charging infrastruc-
drogen fuel cell, propane, and natural gas fuel- ture, hydrogen fueling infrastructure, propane
ing technologies across the United States. fueling infrastructure and natural gas fueling
(b) DESIGNATION OF CORRIDORS.—In designating infrastructure at the State, Tribal, and local
the corridors under subsection (a), the Secretary level to allow for the predictable deployment
shall— of that infrastructure.
(1) solicit nominations from State and local (f) GRANT PROGRAM.—
officials for facilities to be included in the cor- (1) DEFINITION OF PRIVATE ENTITY.—In this
ridors; subsection, the term ‘‘private entity’’ means a
(2) incorporate existing electric vehicle corporation, partnership, company, or non-
charging, hydrogen fueling, propane fueling, profit organization.
Page 259 TITLE 23—HIGHWAYS § 151

(2) ESTABLISHMENT.—Not later than 1 year install electric vehicle charging infra-
after the date of enactment of the Surface structure, hydrogen fueling infrastruc-
Transportation Reauthorization Act of 2021, ture, propane fueling infrastructure, or
the Secretary shall establish a grant program natural gas fueling infrastructure;
to award grants to eligible entities to carry (iii) the location of the station or fueling
out the activities described in paragraph (6). site, such as consideration of—
(3) ELIGIBLE ENTITIES.—An entity eligible to (I) the availability of onsite amenities
receive a grant under this subsection is— for vehicle operators, such as restrooms
(A) a State or political subdivision of a or food facilities;
State; (II) access in compliance with the
(B) a metropolitan planning organization; Americans with Disabilities Act of 1990
(C) a unit of local government; (42 U.S.C. 12101 et seq.);
(D) a special purpose district or public au- (III) height and fueling capacity re-
thority with a transportation function, in- quirements for facilities that charge or
cluding a port authority; refuel large vehicles, such as semi-trailer
(E) an Indian tribe (as defined in section 4 trucks; and
of the Indian Self-Determination and Edu- (IV) appropriate distribution to avoid
cation Assistance Act (25 U.S.C. 5304)); redundancy and fill charging or fueling
(F) a territory of the United States; gaps;
(G) an authority, agency, or instrumen-
tality of, or an entity owned by, 1 or more (iv) infrastructure installation that can
entities described in subparagraphs (A) be responsive to technology advancements,
through (F); or such as accommodating autonomous vehi-
(H) a group of entities described in sub- cles, vehicle-to-grid technology, and future
paragraphs (A) through (G). charging methods; and
(v) the long-term operation and mainte-
(4) APPLICATIONS.—To be eligible to receive a nance of the electric vehicle charging in-
grant under this subsection, an eligible entity frastructure, hydrogen fueling infrastruc-
shall submit to the Secretary an application ture, propane fueling infrastructure, or
at such time, in such manner, and containing natural gas fueling infrastructure, to avoid
such information as the Secretary shall re- stranded assets and protect the investment
quire, including— of public funds in that infrastructure; and
(A) a description of how the eligible entity
has considered— (B) an assessment of the estimated emis-
(i) public accessibility of charging or sions that will be reduced through the use of
fueling infrastructure proposed to be fund- electric vehicle charging infrastructure, hy-
ed with a grant under this subsection, in- drogen fueling infrastructure, propane fuel-
cluding— ing infrastructure, or natural gas fueling in-
(I) charging or fueling connector types frastructure, which shall be conducted using
and publicly available information on the Alternative Fuel Life-Cycle Environ-
real-time availability; and mental and Economic Transportation
(II) payment methods to ensure secure, (AFLEET) tool developed by Argonne Na-
convenient, fair, and equal access; tional Laboratory (or a successor tool).
(ii) collaborative engagement with (5) CONSIDERATIONS.—In selecting eligible en-
stakeholders (including automobile manu- tities to receive a grant under this subsection,
facturers, utilities, infrastructure pro- the Secretary shall—
viders, technology providers, electric (A) consider the extent to which the appli-
charging, hydrogen, propane, and natural cation of the eligible entity would—
gas fuel providers, metropolitan planning (i) improve alternative fueling corridor
organizations, States, Indian tribes, and networks by—
units of local governments, fleet owners, (I) converting corridor-pending cor-
fleet managers, fuel station owners and op- ridors to corridor-ready corridors; or
erators, labor organizations, infrastruc- (II) in the case of corridor-ready cor-
ture construction and component parts ridors, providing redundancy—
suppliers, and multi-State and regional en- (aa) to meet excess demand for
tities)— charging or fueling infrastructure; or
(I) to foster enhanced, coordinated, (bb) to reduce congestion at existing
public-private or private investment in charging or fueling infrastructure in
electric vehicle charging infrastructure, high-traffic locations;
hydrogen fueling infrastructure, propane (ii) meet current or anticipated market
fueling infrastructure, or natural gas demands for charging or fueling infra-
fueling infrastructure; structure;
(II) to expand deployment of electric (iii) enable or accelerate the construc-
vehicle charging infrastructure, hydro- tion of charging or fueling infrastructure
gen fueling infrastructure, propane fuel- that would be unlikely to be completed
ing infrastructure, or natural gas fueling without Federal assistance;
infrastructure; (iv) support a long-term competitive
(III) to protect personal privacy and market for electric vehicle charging infra-
ensure cybersecurity; and structure, hydrogen fueling infrastructure,
(IV) to ensure that a properly trained propane fueling infrastructure, or natural
workforce is available to construct and gas fueling infrastructure that does not
§ 151 TITLE 23—HIGHWAYS Page 260

significantly impair existing electric vehi- the condition that any affected Indian tribes
cle charging infrastructure, hydrogen fuel- are consulted before the designation.
ing infrastructure, propane fueling infra- (C) OPERATING ASSISTANCE.—
structure, or natural gas fueling infra- (i) IN GENERAL.—Subject to clauses (ii)
structure providers; and (iii), an eligible entity that receives a
(v) provide access to electric vehicle grant under this subsection may use a por-
charging infrastructure, hydrogen fueling tion of the funds to provide to a private
infrastructure, propane fueling infrastruc- entity operating assistance for the first 5
ture, or natural gas fueling infrastructure years of operations after the installation
in areas with a current or forecasted need; of publicly available electric vehicle
and charging infrastructure, hydrogen fueling
(vi) deploy electric vehicle charging in- infrastructure, propane fueling infrastruc-
frastructure, hydrogen fueling infrastruc- ture, or natural gas fueling infrastructure
ture, propane fueling infrastructure, or while the facility transitions to inde-
natural gas fueling infrastructure for pendent system operations.
medium- and heavy-duty vehicles (includ- (ii) INCLUSIONS.—Operating assistance
ing along the National Highway Freight under this subparagraph shall be limited
Network established under section 167(c)) to costs allocable to operating and main-
and in proximity to intermodal transfer taining the electric vehicle charging infra-
stations; structure, hydrogen fueling infrastructure,
propane fueling infrastructure, or natural
(B) ensure, to the maximum extent prac-
gas fueling infrastructure and service.
ticable, geographic diversity among grant
(iii) LIMITATION.—Operating assistance
recipients to ensure that electric vehicle
under this subparagraph may not exceed
charging infrastructure, hydrogen fueling
the amount of a contract under subpara-
infrastructure, propane fueling infrastruc-
graph (A) to acquire and install publicly
ture, or natural gas fueling infrastructure is
accessible electric vehicle charging infra-
available throughout the United States;
structure, hydrogen fueling infrastructure,
(C) consider whether the private entity
propane fueling infrastructure, or natural
that the eligible entity contracts with under
gas fueling infrastructure.
paragraph (6)—
(i) submits to the Secretary the most re- (D) TRAFFIC CONTROL DEVICES.—
cent year of audited financial statements; (i) IN GENERAL.—Subject to this para-
and graph, an eligible entity that receives a
(ii) has experience in installing and oper- grant under this subsection may use a por-
ating electric vehicle charging infrastruc- tion of the funds to acquire and install
ture, hydrogen fueling infrastructure, pro- traffic control devices located in the right-
pane fueling infrastructure, or natural gas of-way to provide directional information
fueling infrastructure; and to publicly accessible electric vehicle
(D) consider whether, to the maximum ex- charging infrastructure, hydrogen fueling
tent practicable, the eligible entity and the infrastructure, propane fueling infrastruc-
private entity that the eligible entity con- ture, or natural gas fueling infrastructure
tracts with under paragraph (6) enter into an acquired, installed, or operated with the
agreement— grant.
(i) to operate and maintain publicly (ii) APPLICABILITY.—Clause (i) shall
available electric vehicle charging infra- apply only to an eligible entity that—
structure, hydrogen fueling infrastructure, (I) receives a grant under this sub-
propane fueling infrastructure, or natural section; and
(II) is using that grant for the acquisi-
gas infrastructure; and
(ii) that provides a remedy and an oppor- tion and installation of publicly acces-
tunity to cure if the requirements de- sible electric vehicle charging infra-
scribed in clause (i) are not met. structure, hydrogen fueling infrastruc-
ture, propane fueling infrastructure, or
(6) USE OF FUNDS.— natural gas fueling infrastructure.
(A) IN GENERAL.—An eligible entity receiv-
ing a grant under this subsection shall only (iii) LIMITATION ON AMOUNT.—The
use the funds in accordance with this para- amount of funds used to acquire and in-
graph to contract with a private entity for stall traffic control devices under clause
acquisition and installation of publicly ac- (i) may not exceed the amount of a con-
cessible electric vehicle charging infrastruc- tract under subparagraph (A) to acquire
ture, hydrogen fueling infrastructure, pro- and install publicly accessible charging or
pane fueling infrastructure, or natural gas fueling infrastructure.
fueling infrastructure that is directly re- (iv) NO NEW AUTHORITY CREATED.—Noth-
lated to the charging or fueling of a vehicle. ing in this subparagraph authorizes an eli-
(B) LOCATION OF INFRASTRUCTURE.—Any gible entity that receives a grant under
publicly accessible electric vehicle charging this subsection to acquire and install traf-
infrastructure, hydrogen fueling infrastruc- fic control devices if the entity is not oth-
ture, propane fueling infrastructure, or nat- erwise authorized to do so.
ural gas fueling infrastructure acquired and (E) REVENUE.—
installed with a grant under this subsection (i) IN GENERAL.—An eligible entity re-
shall be located along an alternative fuel ceiving a grant under this subsection and a
corridor designated under this section, on private entity referred to in subparagraph
Page 261 TITLE 23—HIGHWAYS § 151

(A) may enter into a cost-sharing agree- ing facilities owned or managed by a private
ment under which the private entity sub- entity.
mits to the eligible entity a portion of the (F) PRIORITY.—In providing grants under
revenue from the electric vehicle charging this paragraph, the Secretary shall give pri-
infrastructure, hydrogen fueling infra- ority to projects that expand access to elec-
structure, propane fueling infrastructure, tric vehicle charging infrastructure, hydro-
or natural gas fueling infrastructure. gen fueling infrastructure, propane fueling
(ii) USES OF REVENUE.—An eligible entity infrastructure, or natural gas fueling infra-
that receives revenue from a cost-sharing structure within—
agreement under clause (i) may only use (i) rural areas;
that revenue for a project that is eligible (ii) low- and moderate-income neighbor-
under this title. hoods; and
(7) CERTAIN FUELS.—The use of grants for (iii) communities with a low ratio of pri-
propane fueling infrastructure under this sub- vate parking spaces to households or a
section shall be limited to infrastructure for high ratio of multiunit dwellings to single
medium- and heavy-duty vehicles. family homes, as determined by the Sec-
(8) COMMUNITY GRANTS.— retary.
(A) IN GENERAL.—Notwithstanding para- (G) ADDITIONAL CONSIDERATIONS.—In pro-
graphs (4), (5), and (6), the Secretary shall viding grants under this paragraph, the Sec-
reserve 50 percent of the amounts made retary shall consider the extent to which the
available each fiscal year to carry out this project—
section to provide grants to eligible entities (i) contributes to geographic diversity
in accordance with this paragraph. among eligible entities, including achiev-
(B) APPLICATIONS.—To be eligible to re-
ing a balance between urban and rural
ceive a grant under this paragraph, an eligi-
communities; and
ble entity shall submit to the Secretary an
(ii) meets current or anticipated market
application at such time, in such manner,
demands for charging or fueling infra-
and containing such information as the Sec-
structure, including faster charging speeds
retary may require.
with high-powered capabilities necessary
(C) ELIGIBLE ENTITIES.—An entity eligible
to minimize the time to charge or refuel
to receive a grant under this paragraph is—
(i) an entity described in paragraph (3); current and anticipated vehicles.
and (H) PARTNERING WITH PRIVATE ENTITIES.—
(ii) a State or local authority with own- An eligible entity that receives a grant
ership of publicly accessible transpor- under this paragraph may use the grant
tation facilities. funds to contract with a private entity for
(D) ELIGIBLE PROJECTS.—The Secretary the acquisition, construction, installation,
may provide a grant under this paragraph maintenance, or operation of electric vehicle
for a project that is expected to reduce charging infrastructure, hydrogen fueling
greenhouse gas emissions and to expand or infrastructure, propane fueling infrastruc-
fill gaps in access to publicly accessible elec- ture, or natural gas fueling infrastructure
tric vehicle charging infrastructure, hydro- that is directly related to the charging or
gen fueling infrastructure, propane fueling fueling of a vehicle.
infrastructure, or natural gas fueling infra- (I) MAXIMUM GRANT AMOUNT.—The amount
structure, including— of a grant under this paragraph shall not be
(i) development phase activities, includ- more than $15,000,000.
ing planning, feasibility analysis, revenue (J) TECHNICAL ASSISTANCE.—Of the
forecasting, environmental review, pre- amounts reserved under subparagraph (A),
liminary engineering and design work, and the Secretary may use not more than 1 per-
other preconstruction activities; and cent to provide technical assistance to eligi-
(ii) the acquisition and installation of ble entities.
electric vehicle charging infrastructure, (K) ADDITIONAL ACTIVITIES.—The recipient
hydrogen fueling infrastructure, propane of a grant under this paragraph may use not
fueling infrastructure, or natural gas fuel- more than 5 percent of the grant funds on
ing infrastructure that is directly related educational and community engagement ac-
to the charging or fueling of a vehicle, in- tivities to develop and implement education
cluding any related construction or recon- programs through partnerships with schools,
struction and the acquisition of real prop- community organizations, and vehicle deal-
erty directly related to the project, such erships to support the use of zero-emission
as locations described in subparagraph (E), vehicles and associated infrastructure.
to expand access to electric vehicle charg- (9) REQUIREMENTS.—
ing infrastructure, hydrogen fueling infra- (A) PROJECT TREATMENT.—Notwith-
structure, propane fueling infrastructure, standing any other provision of law, any
or natural gas fueling infrastructure. project funded by a grant under this sub-
(E) PROJECT LOCATIONS.—A project receiv- section shall be treated as a project on a
ing a grant under this paragraph may be lo- Federal-aid highway under this chapter.
cated on any public road or in other publicly (B) SIGNS.—Any traffic control device or
accessible locations, such as parking facili- on-premises sign acquired, installed, or oper-
ties at public buildings, public schools, and ated with a grant under this subsection shall
public parks, or in publicly accessible park- comply with—
§ 151 TITLE 23—HIGHWAYS Page 262

(i) the Manual on Uniform Traffic Con- Subsec. (b)(2). Pub. L. 117–58, § 11401(b)(2), inserted
trol Devices, if located in the right-of-way; ‘‘previously designated by the Federal Highway Admin-
and istration or’’ before ‘‘designated by’’.
Subsec. (d). Pub. L. 117–58, § 11401(b)(3), added subsec.
(ii) other provisions of Federal, State,
(d) and struck out former subsec. (d). Prior to amend-
and local law, as applicable. ment, text read as follows: ‘‘Not later than 5 years after
(10) FEDERAL SHARE.— the date of establishment of the corridors under sub-
(A) IN GENERAL.—The Federal share of the section (a), and every 5 years thereafter, the Secretary
cost of a project carried out with a grant shall update and redesignate the corridors.’’
Subsec. (e)(2). Pub. L. 117–58, § 11401(b)(4)(B), sub-
under this subsection shall not exceed 80 per- stituted ‘‘describes efforts, including through funds
cent of the total project cost. awarded through the grant program under subsection
(B) RESPONSIBILITY OF PRIVATE ENTITY.—As (f), that will aid efforts to achieve’’ for ‘‘establishes an
a condition of contracting with an eligible aspirational goal of achieving’’ and ‘‘; and’’ for ‘‘by the
entity under paragraph (6) or (8), a private end of fiscal year 2020.’’
entity shall agree to pay the share of the Subsec. (e)(3). Pub. L. 117–58, § 11401(b)(4)(A), (C),
cost of a project carried out with a grant added par. (3).
under this subsection that is not paid by the Subsec. (f). Pub. L. 117–58, § 11401(b)(5), added subsec.
(f).
Federal Government under subparagraph
(A). Statutory Notes and Related Subsidiaries
(11) REPORT.—Not later than 3 years after EFFECTIVE DATE OF 2021 AMENDMENT
the date of enactment of this subsection, the
Secretary shall submit to the Committee on Amendment by Pub. L. 117–58 effective Oct. 1, 2021,
see section 10003 of Pub. L. 117–58, set out as a note
Environment and Public Works of the Senate
under section 101 of this title.
and the Committee on Transportation and In-
frastructure of the House of Representatives EFFECTIVE DATE
and make publicly available a report on the Section effective Oct. 1, 2015, see section 1003 of Pub.
progress and implementation of this sub- L. 114–94, set out as an Effective Date of 2015 Amend-
section. ment note under section 5313 of Title 5, Government Or-
ganization and Employees.
(Added Pub. L. 114–94, div. A, title I, § 1413(a),
Dec. 4, 2015, 129 Stat. 1417; amended Pub. L. PURPOSE TO ESTABLISH GRANTS FOR CHARGING AND
117–58, div. A, title I, § 11401(b), Nov. 15, 2021, 135 FUELING INFRASTRUCTURE
Stat. 546.) Pub. L. 117–58, div. A, title I, § 11401(a), Nov. 15, 2021,
135 Stat. 546, provided that: ‘‘The purpose of this sec-
Editorial Notes tion [amending this section] is to establish a grant pro-
gram to strategically deploy publicly accessible elec-
REFERENCES IN TEXT
tric vehicle charging infrastructure, hydrogen fueling
The date of enactment of the Surface Transportation infrastructure, propane fueling infrastructure, and nat-
Reauthorization Act of 2021 and the date of enactment ural gas fueling infrastructure along designated alter-
of this subsection, referred to in subsecs. (d) and (f)(2), native fuel corridors or in certain other locations that
(11), is the date of enactment of div. A of Pub. L. 117–58, will be accessible to all drivers of electric vehicles, hy-
which was approved Nov. 15, 2021. drogen vehicles, propane vehicles, and natural gas vehi-
The Americans with Disabilities Act of 1990, referred cles.’’
to in subsec. (f)(4)(A)(iii)(II), is Pub. L. 101–336, July 26,
1990, 104 Stat. 327, which is classified principally to ELECTRIC VEHICLE WORKING GROUP
chapter 126 (§ 12101 et seq.) of Title 42, The Public Pub. L. 117–58, div. B, title V, § 25006, Nov. 15, 2021, 135
Health and Welfare. For complete classification of this Stat. 845, provided that:
Act to the Code, see Short Title note set out under sec- ‘‘(a) DEFINITIONS.—In this section:
tion 12101 of Title 42 and Tables. ‘‘(1) SECRETARIES.—The term ‘Secretaries’ means—
‘‘(A) the Secretary [of Transportation]; and
PRIOR PROVISIONS
‘‘(B) the Secretary of Energy.
A prior section 151, added Pub. L. 100–17, title I, ‘‘(2) WORKING GROUP.—The term ‘working group’
§ 125(a), Apr. 2, 1987, 101 Stat. 166; amended Pub. L. means the electric vehicle working group established
105–178, title I, § 1212(a)(2)(A)(ii), title V, § 5119(e), June under subsection (b)(1).
9, 1998, 112 Stat. 193, 452, related to a national bridge in- ‘‘(b) ESTABLISHMENT.—
spection program, prior to repeal by Pub. L. 112–141, ‘‘(1) IN GENERAL.—Not later than 1 year after the
div. A, title I, § 1519(b)(1)(A), July 6, 2012, 126 Stat. 575, date of enactment of this Act [Nov. 15, 2021], the Sec-
effective Oct. 1, 2012. retaries shall jointly establish an electric vehicle
Another prior section 151, added Pub. L. 93–87, title II, working group to make recommendations regarding
§ 205(a), Aug. 13, 1973, 87 Stat. 284; amended Pub. L. the development, adoption, and integration of light-
94–280, title II, § 207, May 5, 1976, 90 Stat. 454; Pub. L. , medium-, and heavy-duty electric vehicles into the
95–599, title I, § 127, Nov. 6, 1978, 92 Stat. 2707; Pub. L. transportation and energy systems of the United
96–470, title II, § 209(c), Oct. 19, 1980, 94 Stat. 2245; Pub. States.
L. 97–375, title I, § 111(a), Dec. 21, 1982, 96 Stat. 1821, re- ‘‘(2) MEMBERSHIP.—
lated to a pavement marking demonstration program, ‘‘(A) IN GENERAL.—The working group shall be
prior to repeal by Pub. L. 100–17, title I, § 125(a), Apr. 2, composed of—
1987, 101 Stat. 166. ‘‘(i) the Secretaries (or designees), who shall be
cochairs of the working group; and
AMENDMENTS
‘‘(ii) not more than 25 members, to be appointed
2021—Subsec. (a). Pub. L. 117–58, § 11401(b)(1), sub- by the Secretaries, of whom—
stituted ‘‘The Secretary shall periodically’’ for ‘‘Not ‘‘(I) not more than 6 shall be Federal stake-
later than 1 year after the date of enactment of the holders as described in subparagraph (B); and
FAST Act, the Secretary shall’’ and ‘‘to support ‘‘(II) not more than 19 shall be non-Federal
changes in the transportation sector that help achieve stakeholders as described in subparagraph (C).
a reduction in greenhouse gas emissions and improve ‘‘(B) FEDERAL STAKEHOLDERS.—The working
the mobility’’ for ‘‘to improve the mobility’’. group—
Page 263 TITLE 23—HIGHWAYS § 151

‘‘(i) shall include not fewer than 1 representa- ‘‘(1) WORKING GROUP REPORTS.—The working group
tive of each of— shall complete by each of the deadlines described in
‘‘(I) the Department [of Transportation]; paragraph (2) a report describing the status of elec-
‘‘(II) the Department of Energy; tric vehicle adoption including—
‘‘(III) the Environmental Protection Agency; ‘‘(A) a description of the barriers and opportuni-
‘‘(IV) the Council on Environmental Quality; ties to scaling up electric vehicle adoption through-
and out the United States, including recommendations
‘‘(V) the General Services Administration; for issues relating to—
and ‘‘(i) consumer behavior;
‘‘(ii) may include a representative of any other
‘‘(ii) charging infrastructure needs, including
Federal agency the Secretaries consider to be ap-
standardization and cybersecurity;
propriate. ‘‘(iii) manufacturing and battery costs, includ-
‘‘(C) NON-FEDERAL STAKEHOLDERS.—
‘‘(i) IN GENERAL.—Subject to clause (ii), the ing the raw material shortages for batteries and
working group— electric motor magnets;
‘‘(I) shall include not fewer than 1 representa- ‘‘(iv) the adoption of electric vehicles for low-
tive of each of— and moderate-income individuals and underserved
‘‘(aa) a manufacturer of light-duty electric communities, including charging infrastructure
vehicles or the relevant components of light- access and vehicle purchase financing;
duty electric vehicles; ‘‘(v) business models for charging personal elec-
‘‘(bb) a manufacturer of medium- and tric vehicles outside the home, including wired
heavy-duty vehicles or the relevant compo- and wireless charging;
nents of medium- and heavy-duty electric ve- ‘‘(vi) charging infrastructure permitting and
hicles; regulatory issues;
‘‘(cc) a manufacturer of electric vehicle bat- ‘‘(vii) the connections between housing and
teries; transportation costs and emissions;
‘‘(viii) freight transportation, including local,
‘‘(dd) an owner, operator, or manufacturer
port and drayage, regional, and long-haul truck-
of electric vehicle charging equipment;
ing;
‘‘(ee) the public utility industry;
‘‘(ix) intercity passenger travel;
‘‘(ff) a public utility regulator or associa-
‘‘(x) the process by which governments collect a
tion of public utility regulators;
user fee for the contribution of electric vehicles
‘‘(gg) the transportation fueling distribu-
to funding roadway improvements;
tion industry;
‘‘(xi) State- and local-level policies, incentives,
‘‘(hh) the energy provider industry;
and zoning efforts;
‘‘(ii) the automotive dealing industry;
‘‘(xii) the installation of highway corridor sign-
‘‘(jj) the for-hire passenger transportation
age;
industry; ‘‘(xiii) secondary markets and recycling for bat-
‘‘(kk) an organization representing units of teries;
local government; ‘‘(xiv) grid capacity and integration;
‘‘(ll) an organization representing regional ‘‘(xv) energy storage; and
transportation or planning agencies; ‘‘(xvi) specific regional or local issues that may
‘‘(mm) an organization representing State not appear to apply throughout the United
departments of transportation; States, but may hamper nationwide adoption or
‘‘(nn) an organization representing State de- coordination of electric vehicles;
partments of energy or State energy planners; ‘‘(B) examples of successful public and private
‘‘(oo) the intelligent transportation systems models and demonstration projects that encourage
and technologies industry; electric vehicle adoption;
‘‘(pp) labor organizations representing ‘‘(C) an analysis of current efforts to overcome
workers in transportation manufacturing, the barriers described in subparagraph (A);
construction, or operations; ‘‘(D) an analysis of the estimated costs and bene-
‘‘(qq) the trucking industry; fits of any recommendations of the working group;
‘‘(rr) Tribal governments; and and
‘‘(ss) the property development industry; ‘‘(E) any other topics, as determined by the work-
and ing group.
‘‘(II) may include a representative of any ‘‘(2) DEADLINES.—A report under paragraph (1) shall
other non-Federal stakeholder that the Secre- be submitted to the Secretaries, the Committees on
taries consider to be appropriate. Commerce, Science, and Transportation and Appro-
‘‘(ii) REQUIREMENT.—The stakeholders selected priations of the Senate and the Committees on Trans-
under clause (i) shall, in the aggregate— portation and Infrastructure and Appropriations of
‘‘(I) consist of individuals with a balance of
the House of Representatives—
backgrounds, experiences, and viewpoints; and
‘‘(II) include individuals that represent geo- ‘‘(A) in the case of the first report, by not later
graphically diverse regions of the United than 18 months after the date on which the working
States, including individuals representing the group is established under subsection (b)(1);
‘‘(B) in the case of the second report, by not later
perspectives of rural, urban, and suburban
than 2 years after the date on which the first report
areas.
‘‘(D) COMPENSATION.—A member of the working is required to be submitted under subparagraph (A);
group shall serve without compensation. and
‘‘(3) MEETINGS.— ‘‘(C) in the case of the third report, by not later
‘‘(A) IN GENERAL.—The working group shall meet than 2 years after the date on which the second re-
not less frequently than once every 120 days. port is required to be submitted under subpara-
‘‘(B) REMOTE PARTICIPATION.—A member of the graph (B).
working group may participate in a meeting of the ‘‘(3) STRATEGY.—
working group via teleconference or similar means. ‘‘(A) IN GENERAL.—Based on the reports submitted
‘‘(4) COORDINATION.—In carrying out the duties of by the working group under paragraph (1), the Sec-
the working group, the working group shall coordi- retaries shall jointly develop, maintain, and update
nate and consult with any existing Federal inter- a strategy that describes the means by which the
agency working groups on fleet conversion or other Federal Government, States, units of local govern-
similar matters relating to electric vehicles. ment, and industry can—
‘‘(c) REPORTS AND STRATEGY ON ELECTRIC VEHICLE ‘‘(i) establish quantitative targets for transpor-
ADOPTION.— tation electrification;
§ 152 TITLE 23—HIGHWAYS Page 264

‘‘(ii) overcome the barriers described in para- sion vehicle charging and refueling infrastructure; (3)
graph (1)(A); performance of a national and regionalized study of
‘‘(iii) identify areas of opportunity in research zero emission vehicle charging and refueling infrastruc-
and development to improve battery manufac- ture needs and deployment factors, to support grants
turing, mineral mining, recycling costs, material for community resilience and electric vehicle integra-
recovery, fire risks, and battery performance for tion; (4) development and deployment of training and
electric vehicles; certification programs; (5) establishment and imple-
‘‘(iv) enhance Federal interagency coordination mentation of a program to promote renewable energy
to promote electric vehicle adoption; generation, storage, and grid integration, including
‘‘(v) prepare the workforce for the adoption of microgrids, in transportation rights-of-way; (6) study-
electric vehicles, including through collaboration ing, planning, and funding for high-voltage distributed
with labor unions, educational institutions, and current infrastructure in the rights-of way of the Inter-
relevant manufacturers; state System and for constructing high-voltage and or
‘‘(vi) expand electric vehicle and charging infra- medium-voltage transmission pilots in the rights-of-
structure; way of the Interstate System; (7) research, strategies,
‘‘(vii) expand knowledge of the benefits of elec- and actions under the Departments’ statutory authori-
tric vehicles among the general public; ties to reduce transportation-related emissions and
‘‘(viii) maintain the global competitiveness of mitigate the effects of climate change; (8) development
the United States in the electric vehicle and of a streamlined utility accommodations policy for
charging infrastructure markets; high-voltage and medium-voltage transmission in the
‘‘(ix) provide clarity in regulations to improve transportation right-of-way; and (9) any other issues
national uniformity with respect to electric vehi- that the Secretary of Transportation and the Secretary
cles; and of Energy identify as issues of joint interest: Provided
‘‘(x) ensure the sustainable integration of elec- further, That the Joint Office of Energy and Transpor-
tric vehicles into the national electric grid. tation shall establish and maintain a public database,
‘‘(B) NOTICE AND COMMENT.—In carrying out sub- accessible on both Department of Transportation and
paragraph (A), the Secretaries shall provide public Department of Energy websites, that includes: (1) infor-
notice and opportunity for comment on the strat- mation maintained on the Alternative Fuel Data Cen-
egy described in that subparagraph. ter by the Office of Energy Efficiency and Renewable
‘‘(4) INFORMATION.— Energy of the Department of Energy with respect to
‘‘(A) IN GENERAL.—The Secretaries may enter into the locations of electric vehicle charging stations; (2)
an agreement with the Transportation Research potential locations for electric vehicle charging sta-
Board of the National Academies of Sciences, Engi- tions identified by eligible entities through the pro-
neering, and Medicine to provide, track, or report gram; and (3) the ability to sort generated results by
various characteristics with respect to electric vehicle
data, information, or research to assist the working
charging stations, including location, in terms of the
group in carrying out paragraph (1).
State, city, or county; status (operational, under con-
‘‘(B) USE OF EXISTING INFORMATION.—In developing
struction, or planned); and charging type, in terms of
a report under paragraph (1) or a strategy under
Level 2 charging equipment or Direct Current Fast
paragraph (3), the Secretaries and the working
Charging Equipment: Provided further, That the Sec-
group shall take into consideration existing Fed-
retary of Transportation and the Secretary of Energy
eral, State, local, private sector, and academic data shall cooperatively administer the Joint Office con-
and information relating to electric vehicles and, sistent with this paragraph in this Act: Provided fur-
to the maximum extent practicable, coordinate ther, That the Secretary of Transportation and the Sec-
with the entities that publish that information— retary of Energy may transfer funds between the De-
‘‘(i) to prevent duplication of efforts by the Fed- partment of Transportation and the Department of En-
eral Government; and ergy from funds provided under this paragraph in this
‘‘(ii) to leverage existing information and com- Act to establish the Joint Office and to carry out its
plementary efforts. duties under this paragraph in this Act and any such
‘‘(d) COORDINATION.—To the maximum extent prac- funds or portions thereof transferred to the Joint Office
ticable, the Secretaries and the working group shall may be transferred back to and merged with this ac-
carry out this section using all available existing re- count: Provided further, That the Secretary of Transpor-
sources, websites, and databases of Federal agencies, tation and the Secretary of Energy shall notify the
such as— House and Senate Committees on Appropriations not
‘‘(1) the Alternative Fuels Data Center; less than 15 days prior to transferring any funds under
‘‘(2) the Energy Efficient Mobility Systems pro- the preceding proviso: Provided further, That for the
gram; and purposes of funds made available under this paragraph
‘‘(3) the Clean Cities Coalition Network. in this Act: (1) the term ‘State’ has the meaning given
‘‘(e) TERMINATION.—The working group shall termi- such term in section 101 of title 23, United States Code;
nate on submission of the third report required under and (2) the term ‘Federal-aid highway’ means a public
subsection (c)(2)(C).’’ highway eligible for assistance under chapter 1 of title
ESTABLISHMENT OF JOINT OFFICE OF ENERGY AND 23, United States Code, other than a highway function-
TRANSPORTATION ally classified as a local road or rural minor collector’’.
Pub. L. 117–58, div. J, title VIII, Nov. 15, 2021, 135 Stat. § 152. Hazard elimination program
1425, as amended by Pub. L. 117–103, div. L, title IV,
§ 427(8), Mar. 15, 2022, 136 Stat. 774, provided in part: (a) IN GENERAL.—
‘‘That there is established a Joint Office of Energy and (1) PROGRAM.—Each State shall conduct and
Transportation (referred to in this paragraph in this systematically maintain an engineering sur-
Act [div. J of Pub. L. 117–58, see Tables for classifica- vey of all public roads to identify hazardous
tion] as the ‘Joint Office’) in the Department of Trans- locations, sections, and elements, including
portation and the Department of Energy to study, plan, roadside obstacles and unmarked or poorly
coordinate, and implement issues of joint concern be- marked roads, which may constitute a danger
tween the two agencies, which shall include: (1) tech- to motorists, bicyclists, and pedestrians, as-
nical assistance related to the deployment, operation,
and maintenance of zero emission vehicle charging and
sign priorities for the correction of such loca-
refueling infrastructure, renewable energy generation, tions, sections, and elements, and establish
vehicle-to-grid integration, including microgrids, and and implement a schedule of projects for their
related programs and policies; (2) data sharing of in- improvement.
stallation, maintenance, and utilization in order to (2) HAZARDS.—In carrying out paragraph (1),
continue to inform the network build out of zero emis- a State may, at its discretion—