[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 648 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 648
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 SENATE OF THE UNITED STATES
March 2, 2023
Mr. Coons (for himself, Mr. Cornyn, Mr. Hickenlooper, Mr. Cassidy, 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, 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 of 2023''.
SEC. 2. HEAVY-DUTY FUEL CELL VEHICLE DEMONSTRATION PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means an
entity described in subsection (b)(2).
(2) 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).
(3) Program.--The term ``program'' means the program
established under subsection (b)(1).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Establishment.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with the
Secretary of Energy, shall establish a grant 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) Considerations.--In selecting eligible entities to
receive a grant 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 selecting eligible entities to receive a
grant under the program, the Secretary, in consultation with
the Secretary of Energy, shall give priority to projects that
will provide greater net impact in avoiding or reducing
emissions of greenhouse gases.
(6) Special consideration.--In selecting eligible entities
to receive a grant under the program, the Secretary, in
consultation with the Secretary of Energy, shall give special
consideration to--
(A) if the grant is to be used for the use
described in subsection (d)(1)(B), projects in which
each applicable hydrogen fueling station is open to the
public; or
(B) 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) a station described in paragraph
(1)(B).
(B) The costs, such as costs associated with labor,
complying with maintenance requirements, and grant
administration, 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 costs.
(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) 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.
(4) 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 a 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
the period of fiscal years 2024 through 2028.
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