[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 647 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 647
To require the Secretary of Transportation to establish a grant program
to support the use of hydrogen- or ammonia-fueled equipment at ports
and to require the Secretary of the department in which the Coast Guard
is operating to conduct a study, together with the Secretary of Energy
and the Secretary of Transportation, regarding the feasibility and
safety of using hydrogen and ammonia as fuels in maritime applications.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2, 2023
Mr. Cornyn (for himself, Mr. Coons, Mr. Cassidy, Mr. Hickenlooper, Ms.
Murkowski, Mr. Heinrich, and Mr. Lujan) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To require the Secretary of Transportation to establish a grant program
to support the use of hydrogen- or ammonia-fueled equipment at ports
and to require the Secretary of the department in which the Coast Guard
is operating to conduct a study, together with the Secretary of Energy
and the Secretary of Transportation, regarding the feasibility and
safety of using hydrogen and ammonia as fuels in maritime applications.
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 Ports Act of 2023''.
SEC. 2. MARITIME FUEL MODERNIZATION GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means an
entity described in subsection (d).
(2) Eligible fuel.--The term ``eligible fuel'' means--
(A) hydrogen; or
(B) ammonia.
(3) Low-income or disadvantaged community.--The term ``low-
income or disadvantaged community'' means a community
(including a city, a town, a county, and any reasonably
isolated and divisible segment 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.
(4) Program.--The term ``program'' means the program
established under subsection (b).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(6) Tribal government.--The term ``Tribal government''
means the recognized governing body of any Indian or Alaska
Native Tribe, band, nation, pueblo, village, community,
component band, or component reservation, individually
identified (including parenthetically) on the list published
most recently as of the date of enactment of this Act pursuant
to section 104 of the Federally Recognized Indian Tribe List
Act of 1994 (25 U.S.C. 5131).
(b) Establishment of Program.--Not later than 180 days after the
date of enactment of this Act, the Secretary, in coordination with the
Secretary of Energy, shall establish a program under which the
Secretary shall provide grants, on a competitive basis, to eligible
entities for--
(1) the purchase, installation, planning, design, or
construction of, as appropriate--
(A) fuel cell cargo-handling equipment that uses an
eligible fuel;
(B) fuel cell drayage or long-haul trucks that--
(i) use an eligible fuel; and
(ii) are for use at ports;
(C) fuel cell ferries, tugboats, dredging vessels,
container ships, bulk carriers, fuel tankers,
commercial fishing vessels, cruise ships, or other
marine vessels that use an eligible fuel;
(D) fuel cell locomotives that--
(i) use an eligible fuel; and
(ii) are for use at ports;
(E) fuel cell shore power systems that--
(i) use an eligible fuel; and
(ii) are used for ships while docked at
port;
(F) onsite fuel cell power plants that--
(i) use an eligible fuel; and
(ii) are located at port facilities; or
(G) port infrastructure for establishing or
expanding the supply of eligible fuel for import,
export, storage, bunkering, or fueling; and
(2) the training of ship crew and shore personnel--
(A) to safely handle eligible fuel; and
(B) to perform operation and maintenance on
equipment that uses an eligible fuel.
(c) Goals.--The goals of the program shall be--
(1) to demonstrate hydrogen, ammonia, or fuel cell
technologies in maritime and associated logistics applications;
(2) to assist in the development and validation of
technical targets for hydrogen, ammonia, and fuel cell systems
for maritime and associated logistics applications;
(3) to benchmark the conditions required for broad
commercialization of hydrogen, ammonia, and fuel cell
technologies in maritime and associated logistics applications;
(4) to assess the operational and technical considerations
for--
(A) installing, constructing, and using hydrogen-
or ammonia-fueled equipment; and
(B) supporting infrastructure at ports; and
(5) to reduce greenhouse gas emissions and improve air
quality in areas located in and around ports.
(d) Eligible Entities.--
(1) In general.--An entity eligible to receive a grant
under the program is--
(A) a State;
(B) a political subdivision of a State;
(C) a local government;
(D) a public agency or publicly chartered authority
established by 1 or more States;
(E) a special purpose district with a
transportation function;
(F) a Tribal government or a consortium of Tribal
governments;
(G) a port authority for a port;
(H) an Alaska Native or Native Hawaiian entity that
has jurisdiction over a port authority or a port;
(I) a multistate or multijurisdictional group of
entities described in any of subparagraphs (A) through
(H); or
(J) subject to paragraph (2), a private entity or
group of private entities, including the owners or
operators of 1 or more facilities at a port.
(2) Joint eligibility with private entities.--A private
entity or group of private entities is eligible for a grant
under the program if--
(A) the private entity or group of private entities
partners with an entity described in any of
subparagraphs (A) through (I) of paragraph (1) for
purposes of applying for, and carrying out activities
under, the grant; and
(B) the entity described in the applicable
subparagraph of paragraph (1) is the lead entity with
respect to the application and those activities.
(e) Applications.--
(1) In general.--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 may require.
(2) Requirement.--The application of an eligible entity
described in subparagraph (J) of subsection (d)(1) shall be
submitted jointly with an entity described in subparagraphs (A)
through (I) of that subsection.
(f) Considerations.--In providing grants under the program, the
Secretary, to the maximum extent practicable, shall select projects
that--
(1) will generate the greatest benefit to low-income or
disadvantaged communities;
(2) represent a combination of land-side and vessel-side
end-uses of eligible fuel;
(3) maximize the creation or retention of jobs in the
United States; and
(4) provide the highest job quality.
(g) Priority.--In selecting eligible entities to receive grants
under the program, the Secretary shall give priority to projects that
will provide greater net impact in avoiding or reducing emissions of
greenhouse gases.
(h) 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 for all eligible
fuel used by the eligible entity; and
(2) a hydrogen leak detection and repair (also known as
``LDAR'') program for all eligible fuel used by the eligible
entity.
(i) Funding.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out the program
$100,000,000 for each of fiscal years 2024 through 2028.
(2) Human-operated equipment requirement.--In carrying out
the program, the Secretary shall ensure that funding is made
available for each fiscal year for cargo-handling equipment
that uses an eligible fuel and is human-operated.
SEC. 3. STUDY ON FEASIBILITY AND SAFETY OF USING HYDROGEN AND AMMONIA
AS FUELS IN MARITIME APPLICATIONS.
(a) In General.--Not later than 270 days after the date of
enactment of this Act, the Secretary of the department in which the
Coast Guard is operating, in consultation with the Secretary of Energy,
the Secretary of Transportation, and the heads of other Federal
departments and agencies, as appropriate, shall conduct, and submit to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a report describing the results of, a study--
(1) to fully address the challenges to ensure the safe use
and handling of hydrogen, ammonia, and other hydrogen-based
fuels on vessels and in ports;
(2) to identify, compare, and evaluate the feasibility of,
the safety, environmental, and health impacts of, and best
practices with respect to, the use of hydrogen-derived fuels,
including ammonia, as a shipping fuel;
(3) to identify and evaluate considerations for hydrogen
and ammonia storage, including--
(A) at ports;
(B) on board vessels; and
(C) for subsea hydrogen storage; and
(4) to assess the cost and value of a hydrogen or ammonia
strategic reserve, either as a new facility or as a
modification to the Strategic Petroleum Reserve established
under part B of title I of the Energy Policy and Conservation
Act (42 U.S.C. 6231 et seq.).
(b) Requirements.--In carrying out subsection (a), the Secretary of
the department in which the Coast Guard is operating shall--
(1) consult with entities in the private sector with
experience in the hydrogen or ammonia industry;
(2) take into account lessons learned from demonstration
projects in other industries, including--
(A) projects carried out in the United States;
(B) projects carried out in other countries; and
(C) projects relating to the automotive industry,
buses, petroleum refining, chemical production,
fertilizer production, and stationary power; and
(3) evaluate the applicability of the lessons described in
paragraph (2) to the use of hydrogen in maritime and associated
logistics applications.
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