Program requirements

(a) Priority In awarding the grants under the Program, the Secretary shall prioritize projects that— (1) focus on non-disruptive designs that are compatible with existing infrastructure and beneficial to the public, including for low income, underserved, or disadvantaged communities; (2) focus on cost-effective, energy-efficient, and environmentally sustainable technologies for public use; (3) focus on compatibility with the entire range of electric vehicles and with, if determined appropriate by the Secretary, developing and evolving universal wireless charging standards; (4) focus on safe designs that are compatible with frequent use in a variety of weather conditions and road maintenance activities; (5) are carried out by entities that emphasize diversity, equity, and inclusion in the eligible entity’s workforce and business practices; (6) are likely to leverage Federal investment by encouraging non-Federal contributions to the project, including projects from public-private partnerships; (7) have State, local, Tribal, or territorial government support; (8) have an outreach strategy to inform and educate the public on project benefits and uses before, during, and after the construction of the projects; (9) have an inclusive plan to engage and ensure that the surrounding communities and impacted workers, such as the drivers of the vehicles, are included in the planning and design process; (10) focus on interoperability development and testing; (11) focus on fleets, including medium and heavy-duty vehicles, which through transitioning to electric can have a significant impact on reducing fuel consumption and CO2 emissions; and (12) help improve the life of the vehicle’s battery. (b) Wage rate requirement The Secretary shall require that each recipient of a grant under the Program provides reasonable assurances that all laborers and mechanics employed to carry out the projects for which the assistance is provided, including laborers and mechanics employed by contractors or subcontractors, will be paid wages at rates not less than those for similar work in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the Davis-Bacon Act). (c) Neutrality toward organized labor The recipient of grants under the Program shall have, and ensure that all employed by contractors and subcontractors of the covered entity with respect to the covered activities have— (1) an explicit policy of neutrality with regard to— (A) labor organizing for the employees engaged in the covered activities; and (B) such employees’ choice to form and join labor organizations; and (2) policies that require— (A) the posting and maintenance of notices in the workplace to such employees of their rights under the National Labor Relations Act (29 U.S.C. 151 et seq.); and (B) that such employees are, at the beginning of their employment, provided notice and information regarding the employees’ rights under such Act. (d) Buy America (1) In general Except as provided in paragraph (2), recipients of grants under the Program shall comply with the requirements described in section 5323(j) of title 49, United States Code. (2) Waiver The Secretary may provide any waiver to the requirements described in paragraph (1) in the same manner and to the same extent as the Secretary of Transportation may provide a waiver under section 5323(j)(2) of title 49, United States Code.