1) ELECTRIC VEHICLE CHARGING INFRASTRUCTURE ASSESSMENT

a) Within 90 days of passage of this section, the [DEPT], working with [RELEVANT DEPTS] and the Public Utilities Commission shall prepare a statewide assessment of the state’s electric vehicle charging infrastructure and deployment, in order for the state to achieve hundred percent zero-emission vehicle acquisitions by 2035.

b) The assessment shall expand on the [DEPT]’s electric vehicle infrastructure projections to consider all necessary charging infrastructure, including, but not limited to, the chargers, make-ready electrical equipment, and supporting hardware and software, all vehicle categories, road, highway, and offroad electrification, port and airport electrification, and other programs to accelerate the adoption of electric vehicles in the state. The assessment shall examine existing and future infrastructure needs throughout [STATE], including in disproportionately impacted communities, and make recommendations on steps that the state can take to increase electric vehicle infrastructure and deployment. 

c) The [DEPT] shall regularly seek data and input relating to electric vehicle charging infrastructure and deployment from stakeholders, including, but not limited to, the Public Utilities Commission, electrical corporations, local publicly owned electric utilities, state and local transportation and transit agencies, charging infrastructure companies, environmental groups, and automobile manufacturers.

2) TRANSPORTATION ELECTRIFICATION ENTERPRISE

a) The [TRANSPORTATION ELECTRIFICATION ENTERPRISE] is created in the [DEPT]. The enterprise is and operates as a government-owned business within the [DEPT] to executive its business purpose as specified in this section by exercising the powers and performing the duties set forth in this section. 

b) The business purpose of the enterprise is to support the widespread adoption of electric motor vehicles in order for the state to achieve hundred percent zero-emission vehicle acquisitions by 2035, including by governmental entities that own or operate fleets of motor vehicles, motor vehicles that originally were powered exclusively by internal combustion engines but have been converted into electric motor vehicles, in an equitable manner by directly investing in transportation infrastructure, making grants or providing rebates or other financing options to fund the construction of electric motor vehicle charging infrastructure throughout the state, and incentivizing the acquisition and use of electric motor vehicles and electric alternatives to motor vehicles in communities, including but not limited to disproportionately impacted communities, and by owners of older, less fuel efficient, and higher polluting vehicles. To allow the enterprise to accomplish this business purpose and fully exercise its powers and duties through the board, the enterprise may:

i) Invest in transportation infrastructure programs as authorized by this act; and 

ii) Issue revenue bonds payable from the revenue and other available money of the enterprise.

3) PURPOSE AND DUTIES OF THE ENTERPRISE

a) In furtherance of its business purpose, and subject to the requirements set forth in this subsection, the enterprise is authorized to implement grant, loan, rebate program, or such other strategies as the board finds effective for the following purposes: 

i) To fund the construction of electric motor vehicle charging infrastructure including but not limited to: 

(1) Public, workplace, transportation network company, and multifamily electric vehicle chargers; 

(2) Electric vehicle charges for communities, including but not limited to disproportionately impacted communities; 

(3) Electric vehicle chargers for medium-duty electric vehicles and heavy-duty electric motor vehicles, including electrified refrigerated trailers; 

(4) Infrastructure needs to support the powering of hydrogen fuel cell motor vehicles; and

(5) Networks and plazas of direct current charging infrastructure that offer fast charging for electric motor vehicles;

ii) To provide inexpensive and accessible electric alternatives to motor vehicles such as electrical assisted bicycles and electric scooters; 

iii) To support the adoption of electric motor vehicles in communities, including but not limited to disproportionately impacted communities, including by incentivizing replacement high-emitting motor vehicles with electric motor vehicles;

iv) To help public and private owners and operators of motor vehicle fleets finance electric motor vehicle acquisitions to reduce the up-front costs of acquiring electric motor vehicles, to help public and private owners and operators of motor vehicle fleets finance acquisitions of compressed natural gas motor vehicles that are trucks if at least ninety percent of the fuel for the trucks will be recovered methane, and for so long as the enterprise determines that electric motor vehicles or not yet practically available or do not meet the operational requirements such as cargo carrying capacity and driving range for specific categories of trucks, to help public and private owners and operators of motor vehicle fleets finance acquisitions of compressed natural gas motor vehicles that are trucks if at least ninety percent of the fuel for the trucks will be recovered methane;

v) To assess and implement cleaner mobile source technology to support electrification of motor vehicles and electric motor vehicle fleets;

vi) To coordinate engagement with public entities and owners and operators of motor vehicle fleets to develop strategies for electrifying motor vehicle fleets and other not yet electrified freight transportation and retail delivery operations that can be electrified;

vii) To research and assess innovative and emerging motor vehicle emission strategies for motor vehicles and engines and modernize and improve current testing, inspection, and readjustment services offered by the department;

viii) To provide training and development of a clean transportation workforce to support the adoption of electric motor vehicles for use in motor vehicle fleets;

ix) To research and develop strategies, business plans, and guidance to support the consistent application of grants and other enterprise business services, including remediation services;

x) To provide outreach, education, or training to support the successful application and performance by entities receiving funds;

xi) To provide or support the delivery of companion services such as fleet motor vehicle testing, inspection, and readjustment services;

xii) To reduce health disparities in disproportionately impacted communities resulting from increased exposure to motor vehicle fleet emissions;

xiii) Clean transit planning efforts;

xiv) Facility upgrades necessary for the safe operation and maintenance of electric motor vehicles used by public transit providers;

xv) The construction of electric motor vehicle charging infrastructure used by public transit providers; and

xvi) The replacement of motor vehicles used by public transit providers that are not electric motor vehicles by electric motor vehicles, or, if electric motor vehicles are not practically available, by compressed natural gas motor vehicles, if at least ninety percent of the fuel for the compressed natural gas motor vehicles will be recovered methane.

4) TRANSPORTATION ELECTRIFICATION ENTERPRISE BOARD MEMBERSHIP

a) The governing board of the enterprise consists of eight members as follows:

i) Five members appointed by the Governor and General Assembly. Of the five, at least one of the members must represent disproportionately impacted communities; at least one of the members must represent the interests of the automobile industry including manufacturers and dealers, the electric vehicle charging and fueling businesses, or owners of or operators of motor vehicle fleets; and at least one of the members must represent a business or organization that supports electric alternatives to motor vehicles. The Governor and the General Assembly shall make reasonable effort, to the extent such applications have been submitted for consideration for the Board, to consider memes that reflect the state’s geographic diversity when making appointments and shall make initial appointments to the Board no later than [DATE]. The five members will be appointed as follows:

(1) Two members by the President of the Senate. 

(2) Two members by the Speaker of the House of Representatives. 

(3) One member by the Governor.

ii) The Director of the [STATE ENERGY OFFICE/DEPT] or the Director’s designee; 

iii) The Director of the [DEPT OF PUBLIC HEALTH AND ENVIRONMENT OR EQUIVALENT] or the Director’s designee. 

iv) The Director of the [DEPT OF TRANSPORTATION] or the Director’s designee.

b) POWERS AND DUTIES OF THE BOARD

i) In addition to any other powers and duties specified in this section, the board has the following general powers and duties:

(1) To adopt bylaws for the regulation of its affairs and the conduct of its business; 

(2) To acquire, hold title to, and dispose of real and personal property; 

(3) In consultation with the [DIRECTOR] of [DEPT] or the Director’s designee, to employ and supervise individuals, professional consultants, and contractors as are necessary in its judgment to carry out its business purpose; 

(4) To contract with any public or private entity including state agencies, consultants, and the attorney general’s office for professional and technical assistance, office space and administrative services, advice, and other services related to the conduct of the affairs of the enterprise. The board shall generally avoid using sole-source contracts.

(5) To require the enterprise to issue grants on a competitive basis based on written criteria established by the enterprise in advance of any deadlines for the submission of grant applications, including

(a) Subjecting all projects funded by the enterprise to current prevailing wage laws;

(b) Requiring a minimum of 15% of labor hours of funded projects be worked by registered or approved apprentices when applicable, on the following:

(i) State public works estimated to cost $1 million dollars or more; 

(ii) Department of Transportation projects estimated to cost $2 million or more; 

(iii) All school district public works projects estimated to cost $1 million or more; and 

(iv) All public works by a state four-year institution or higher learning estimated to cost $1 million or more  

(v) Developing procurement standards to achieve a continuous reduction of greenhouse gas emissions over time;

(c) Subjecting projects to a net-zero emissions from state procurement, including a Buy Clean policy to promote use of construction materials with lower embodied emissions.

(6) To seek, accept, and expand gifts, grants, donations, or other payments from private or public sources for the purpose of this act. The Enterprise shall transmit any money received through gifts, grants, donations, or other payments to the state treasurer, who shall credit the money to the fund. 

(7) To publish grants and similar program processes by which the enterprise accepts applications, the criteria used for evaluating applications, and a list of granted pursuant this act; 

(8) To have and exercise all rights and powers necessary or incidental to or implied from the specific powers and duties granted by this section.

5) TRANSPORTATION ELECTRIFICATION ENTERPRISE FUND

a) The [TRANSPORTATION ELECTRIFICATION ENTERPRISE] Fund is hereby created in the state treasury. The Fund consists of any monetary gifts, grants, donations, or other payments received by the Enterprise, any other money that the General Assembly may appropriate or transfer to the Fund. In addition to any money available through gifts, grants, donations or legislative appropriation to carry out the purposes of this act, the Board shall identify any other sources of money which may, in the opinion of the Board, be used to provide money for the Enterprise, including by leveraging funds available through the federal Inflation Reduction Act, the Infrastructure Investment and Jobs Act, and other federal funding and investment.

b) The State Treasurer shall credit all interest and income derived from the deposit and investment of money in the Fund to the Fund. Money in the Fund is continuously appropriated to the Enterprise and may be expended to provide grants and rebates, pay its reasonable and necessary operating expenses, including the repayment of any loan received pursuant to subsection (4)(b) of this section, and otherwise exercise its powers and perform its duties as authorized by this section. 

c) The [DEPT] may transfer money to the Enterprise for the purpose of defraying expenses incurred by the Enterprise before it receives fee revenue or revenue bond proceeds. The Enterprise may accept and expend any money so transferred, and, notwithstanding any state fiscal rule or generally accepted accounting principle that could otherwise be interpreted to require a contrary conclusion.

6) TRANSPARENCY AND ACCOUNTABILITY

a) To ensure transparency and accountability, the Transportation Electrification Enterprise shall:

i) No later than [DATE], publish and post on its website a ten-year plan that details how the enterprise will execute its business purpose during state fiscal years [DATES OF TEN YEARS FOLLOWING PASSAGE] and estimates the amount of funding needed to implement the plan. No later than [DATE], the enterprise shall publish and post on its website a new ten-year plan for state fiscal years [DATE OF NEXT TEN YEARS]

ii) Create, maintain, and regularly update on its website a public accountability dashboard that provides, at a minimum, accessible and transparent summary information regarding the implementation of its ten-year plan, the funding status and progress toward completion of each project that it wholly or partly funds, and its per project and total funding and expenditures; 

iii) Engage regularly regarding projects and activities with the public, specifically reaching out to and seeking input from communities, including but not limited to disproportionately impacted communities, and interest group that are likely to be interested in the projects and activities; and 

iv) Prepare an annual report regarding its activities and funding and present the report to the [LEGISLATIVE COMMITTEES ON TRANSPORTATION AND ENERGY]. The enterprise shall also post the annual report on its website.

7) DEFINITIONS

a) “Disproportionately impacted communities” means 

i) A community that is in a census block group, as determined in accordance with the most recent united states decennial census, where the proportion of households that are low income is greater than forty percent, the proportion of households that identify as minority is greater than forty percent, or the proportion of households that are housing cost-burdened is greater than forty percent; and

ii) A community where there is increased exposure to transportation-related air pollution andwhere increased exposure to traffic and air pollution results in a higher risk for adverse health outcomes.

iii) As used in this section:

(1) “cost-burdened” means a household that spends more than thirty percent of its income on housing.

(2) “low income” means the median household income is less than or equal to two hundred percent of the federal poverty guideline.

b) “Heavy-duty motor vehicle” means a motor vehicle that has a gross vehicle weight rating of greater than twenty-six thousand pounds.

c) “Medium-duty motor vehicle” means a motor vehicle that has a gross vehicle weight rating of more than ten thousand pounds and not more than twenty-six thousand pounds.

d) “Motor vehicle fleet” means a group of motor vehicles that is owned or operated:

i) By a governmental entity for a public purpose including but not limited to public school transportation or law enforcement; or

ii) By a business entity for a business if:

(1) The group of motor vehicles is composed primarily of heavy-duty motor vehicles, medium-duty motor vehicles, or refrigerated trailer units; or

(2) The group of motor vehicles is owned or operated by a company that rents motor vehicles in the fleet to transportation network company drivers for use in providing transportation network company services or is owned and operated directly, or indirectly through independent contractors who own or lease individual motor vehicles in the group, by a transportation network company or by a retailer for the purpose of making retail deliveries.

e) “Zero emissions motor vehicle” means a battery electric motor vehicle or a hydrogen fuel cell motor vehicle.

f) “Recovered methane” means any of the following if the air pollution control division determines them to provide a net reduction in greenhouse gas emissions:

i) Biomethane;

ii) Methane derived from:

(1) Municipal solid waste;

(2) Biomass pyrolysis or enzymatic biomass; or

(3) Wastewater treatment; and

iii) Coal mine methane

g) ‘‘Buy clean’’ means a policy to promote purchase of construction materials with lower embodied emissions, taking into account the life-cycle emissions associated with the production of those materials.