[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6871 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 6871
To require the Secretary of Transportation, in consultation with the
Secretary of Energy, to establish a grant program to demonstrate the
performance and reliability of heavy-duty fuel cell vehicles that use
hydrogen as a fuel source, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 19, 2023
Ms. Porter (for herself and Mr. Bilirakis) introduced the following
bill; which was referred to the Committee on Science, Space, and
Technology
_______________________________________________________________________
A BILL
To require the Secretary of Transportation, in consultation with the
Secretary of Energy, to establish a grant program to demonstrate the
performance and reliability of heavy-duty fuel cell vehicles that use
hydrogen as a fuel source, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hydrogen for Trucks Act''.
SEC. 2. HEAVY-DUTY FUEL CELL VEHICLE DEMONSTRATION PROGRAM.
(a) Definitions.--In this section:
(1) Commercial motor vehicle.--The term ``commercial motor
vehicle'' means a self-propelled vehicle used on highways in
commerce principally to transport passengers or cargo, if the
vehicle has a gross vehicle weight rating or gross vehicle
weight of at least 26,001 pounds, whichever is greater, or is
designed to transport more than 10 passengers, including the
driver.
(2) Eligible entity.--The term ``eligible entity'' means an
entity described in subsection (b)(2).
(3) Fleet.--The term ``fleet'' means the number of
commercial motor vehicles owned and operated by an entity.
(4) Heavy-duty fuel cell vehicle.--
(A) In general.--The term ``heavy-duty fuel cell
vehicle'' means a vehicle that--
(i) has a manufacturer gross vehicle weight
rating of more than 26,000 pounds, as
determined by the Federal Highway
Administration;
(ii) is not powered or charged by an
internal combustion engine; and
(iii) is propelled solely by an electric
motor that draws electricity from--
(I) a fuel cell; or
(II) a combination of a fuel cell
and a battery.
(B) Inclusion.--The term ``heavy-duty fuel cell
vehicle'' includes any off-road vehicle, such as a yard
truck, that meets the requirements of subparagraph (A).
(5) Program.--The term ``program'' means the program
established under subsection (b)(1).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Establishment.--
(1) In general.--The Secretary, in consultation with the
Secretary of Energy, shall establish a program under which the
Secretary shall provide grants to eligible entities to assist
the eligible entities in funding capital projects to purchase
heavy-duty fuel cell vehicles and related equipment, including
hydrogen fueling stations.
(2) Eligible entities.--To be eligible to receive a grant
under the program, an entity shall be--
(A) a private heavy-duty truck fleet owner with
high duty cycle or long-haul operations;
(B) an operator with a ``return to base'' mode that
requires refueling primarily at a single station,
including an airport, a delivery warehouse, and a
shipping port;
(C) a leasing firm;
(D) an independent owner-operator;
(E) a public hydrogen fueling station developer or
operator;
(F) a Federal, State, or local agency that owns,
operates, leases, or otherwise controls a fleet of
public vehicles; or
(G) a partnership of 1 or more entities described
in subparagraphs (A) through (E).
(3) Applications.--
(A) In general.--Subject to subparagraph (B), an
eligible entity desiring a grant under the program
shall submit to the Secretary an application at such
time, in such manner, and containing such information
as the Secretary, in consultation with the Secretary of
Energy, may require.
(B) Requirement.--If an eligible entity desiring a
grant under the program intends to use the grant for
only 1 of the uses described in subparagraphs (A) and
(B) of subsection (d)(1), the eligible entity shall
include in the application under subparagraph (A) a
description of--
(i) if the grant is to be used only for the
use described in subparagraph (A) of subsection
(d)(1), the availability of not fewer than 1
hydrogen fueling station that can be used by
heavy-duty fuel cell vehicles;
(ii) if the grant is to be used only for
the use described in subparagraph (B) of
subsection (d)(1), the availability of not
fewer than 7 heavy-duty fuel cell vehicles
that--
(I) use hydrogen as a fuel source;
and
(II) will use 1 or more hydrogen
fueling stations demonstrated using the
grant; and
(iii) the means by which the project of the
eligible entity will expand the demand for and
use of any existing infrastructure.
(4) Criteria.--In selecting eligible entities to receive
grants under the program, the Secretary, in consultation with
the Secretary of Energy, shall--
(A) take into account whether the eligible entity
has the potential to expand the use of hydrogen
demonstrated by the eligible entity using the grant to
other applications within the region in which the
eligible entity operates; and
(B) to the maximum extent practicable--
(i) select eligible entities operating in
different regions of the United States--
(I) to demonstrate different types
of fleet operations, such as fleet
operations with differing local
hydrogen supplies, climate conditions,
route lengths and geographies, and
sizes of vehicles; and
(II) to identify any differences in
performance demonstrated by the heavy-
duty fuel cell vehicles used by the
eligible entity that are due to
regional characteristics;
(ii) select eligible entities that intend
to use the grant for both of the uses described
in subparagraphs (A) and (B) of subsection
(d)(1); and
(iii) select projects that will generate
the greatest benefit to low-income or
disadvantaged communities (including cities,
towns, counties, and reasonably isolated and
divisible segments of a larger municipality)
with an annual median household income that is
less than 100 percent of the statewide annual
median household income for the State in which
the community is located, according to the most
recent decennial census.
(5) Priority.--In applying the criteria described in
paragraph (4), the Secretary, in consultation with the
Secretary of Energy, shall prioritize selecting--
(A) projects that will provide greater net impact
in avoiding or reducing emissions of greenhouse gases;
(B) projects for which each applicable hydrogen
fueling station is open to the public; and
(C) eligible entities that provide greater than 20
percent cost share.
(c) Goals.--The goals of the program shall be--
(1) to demonstrate the performance and reliability of
heavy-duty fuel cell vehicles in different regions of the
United States;
(2) to provide a basis for relevant cost evaluations and
cost reductions; and
(3) to accelerate the market deployment of heavy-duty fuel
cell vehicles.
(d) Use of Grant Funds.--
(1) In general.--An eligible entity that receives a grant
under the program shall use the grant to demonstrate the
performance of--
(A) not fewer than 7 heavy-duty fuel cell vehicles
that use hydrogen as fuel source; or
(B) 1 or more hydrogen fueling stations for use by
heavy-duty fuel cell vehicles.
(2) Eligible costs.--An eligible entity that receives a
grant under the program may use the grant for the following
costs:
(A) The capital costs of--
(i) the heavy-duty fuel cell vehicles
described in paragraph (1)(A), subject to
paragraph (4); or
(ii) constructing a station described in
paragraph (1)(B).
(B) The costs, such as costs associated with the
cost of labor, complying with maintenance requirements,
and administration of the program, of operating--
(i) the heavy-duty fuel cell vehicles
described in paragraph (1)(A); or
(ii) a station described in paragraph
(1)(B).
(C) Overhead expenses.
(D) The costs of training personnel to ensure
safety and best practices during construction, fueling
and refueling, maintenance, and upkeep, as applicable,
of--
(i) the heavy-duty fuel cell vehicles
described in paragraph (1)(A); or
(ii) a station described in paragraph
(1)(B).
(E) The costs of complying with--
(i) the requirements of subsection (g); and
(ii) any reporting requirements under
subsection (h).
(3) Project locations.--A project carried out with a grant
provided under the program may be carried out 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.
(4) Operation.--
(A) In general.--Except as provided in subparagraph
(B), an eligible entity that receives a grant under the
program for a use described in subparagraph (A) or (B)
of paragraph (1) may determine whether each applicable
hydrogen fueling station shall--
(i) allow only private access; or
(ii) be open to the public.
(B) Public hydrogen fueling station developers and
operators.--An eligible entity described in subsection
(b)(2)(E) that receives a grant under the program to be
used only for the use described in paragraph (1)(B)
shall make each applicable hydrogen fueling station
described in that paragraph open to the public.
(5) Capital costs of vehicles.--With respect to the capital
costs described in paragraph (2)(A)(i), the amount of grant
funds used for those capital costs shall not exceed, with
respect to each heavy-duty fuel cell vehicle purchased by the
eligible entity and used for the applicable project, the lesser
of--
(A) an amount equal to the difference between--
(i) the cost of the heavy-duty fuel cell
vehicle; and
(ii) the product obtained by multiplying--
(I) the cost of a comparable
gasoline- or diesel-fueled vehicle; and
(II) 0.5; and
(B) $500,000.
(e) Amount of Grant.--The amount of a grant provided by the
Secretary under the program shall be not more than $20,000,000.
(f) Cost Sharing.--The non-Federal share of the cost of a project
carried out using a grant under the program shall be not less than 20
percent.
(g) Leak Detection.--Each eligible entity that receives a grant
under the program shall conduct--
(1) a hydrogen leakage monitoring, reporting, and
verification (also known as ``MRV'') program; and
(2) a hydrogen leak detection and repair (also known as
``LDAR'') program.
(h) Reporting.--
(1) In general.--An eligible entity that receives a grant
under the program shall submit to the Secretary such
operational data relating to eligible costs described in
subsection (d)(2) as the Secretary, in consultation with the
Secretary of Energy, may require to accelerate market
deployment of heavy-duty fuel cell vehicles that use hydrogen
as a fuel source.
(2) Requirement.--The operational data required by the
Secretary under paragraph (1) shall include, at a minimum, data
relating to--
(A) operational expenses;
(B) fuel use; and
(C) reliability.
(3) System.--The Secretary, in consultation with the
Secretary of Energy, shall develop a system for data reporting
and data sharing that allows similar fleet and fueling station
operators to evaluate the performance of the program.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out the program $200,000,000 for
fiscal years 2024 through 2028.
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