What This Bill Does
This bill requires the Secretary of Transportation, working with the Secretary of Energy, to create a grant program. The program provides money to help eligible entities buy heavy-duty fuel cell vehicles (vehicles that run on hydrogen) and build hydrogen fueling stations. The program aims to test how well these vehicles work in different parts of the country.
Who It Affects
Private truck fleet owners with long-haul operations. Operators with "return to base" operations at single locations like airports, warehouses and shipping ports. Leasing companies. Independent owner-operators. Public hydrogen fueling station developers and operators. Federal, state and local government agencies that own or operate vehicle fleets. Partnerships of these entities.
Key Provisions
The Secretary of Transportation must establish the grant program within 180 days after the bill becomes law, in consultation with the Secretary of Energy. (Sec. 2(b)(1))
Grant recipients may spend money on buying heavy-duty fuel cell vehicles, building or operating hydrogen fueling stations, labor costs, maintenance, training, and grant administration. (Sec. 2(d)(2))
Eligible entities must provide at least 20 percent of the project costs themselves. (Sec. 2(f))
Each grant may not exceed $20,000,000. (Sec. 2(e))
Grant recipients must run hydrogen leakage monitoring and detection programs and report operational data including expenses, fuel use and reliability to the Secretary. (Sec. 2(g) and 2(h))
What Changes
If this becomes law, the federal government will begin offering grants to help organizations buy hydrogen-powered heavy-duty trucks and build hydrogen fuel stations. Organizations will be able to use grant money for vehicles, equipment, operations, training and reporting. Grant winners will need to share at least 20 percent of project costs with their own money.
Important Definitions
Heavy-duty fuel cell vehicle: A vehicle weighing more than 26,000 pounds that runs only on an electric motor powered by either a fuel cell or a fuel cell plus battery. These vehicles do not have internal combustion engines (traditional gas or diesel engines).
Effective Date
The Secretary must establish the program within 180 days after the bill becomes law. (Sec. 2(b)(1))
II
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. LUJA´N) introduced the following bill; which was read twice and re-
ferred 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 pro-
gram 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 Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Hydrogen for Trucks
4
Act of 2023’’.
5
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•S 648 IS
SEC. 2. HEAVY-DUTY FUEL CELL VEHICLE DEMONSTRA-
1
TION PROGRAM.
2
(a) DEFINITIONS.—In this section:
3
(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
4
ty’’ means an entity described in subsection (b)(2).
5
(2) HEAVY-DUTY FUEL CELL VEHICLE.—
6
(A) IN GENERAL.—The term ‘‘heavy-duty
7
fuel cell vehicle’’ means a vehicle that—
8
(i) has a manufacturer gross vehicle
9
weight rating of more than 26,000 pounds,
10
as determined by the Federal Highway Ad-
11
ministration;
12
(ii) is not powered or charged by an
13
internal combustion engine; and
14
(iii) is propelled solely by an electric
15
motor that draws electricity from—
16
(I) a fuel cell; or
17
(II) a combination of a fuel cell
18
and a battery.
19
(B) INCLUSION.—The term ‘‘heavy-duty
20
fuel cell vehicle’’ includes any off-road vehicle,
21
such as a yard truck, that meets the require-
22
ments of subparagraph (A).
23
(3) PROGRAM.—The term ‘‘program’’ means
24
the program established under subsection (b)(1).
25
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•S 648 IS
(4) SECRETARY.—The term ‘‘Secretary’’ means
1
the Secretary of Transportation.
2
(b) ESTABLISHMENT.—
3
(1) IN
GENERAL.—Not later than 180 days
4
after the date of enactment of this Act, the Sec-
5
retary, in consultation with the Secretary of Energy,
6
shall establish a grant program under which the Sec-
7
retary shall provide grants to eligible entities to as-
8
sist the eligible entities in funding capital projects to
9
purchase heavy-duty fuel cell vehicles and related
10
equipment, including hydrogen fueling stations.
11
(2) ELIGIBLE ENTITIES.—To be eligible to re-
12
ceive a grant under the program, an entity shall
13
be—
14
(A) a private heavy-duty truck fleet owner
15
with high duty cycle or long-haul operations;
16
(B) an operator with a ‘‘return to base’’
17
mode that requires refueling primarily at a sin-
18
gle station, including an airport, a delivery
19
warehouse, and a shipping port;
20
(C) a leasing firm;
21
(D) an independent owner-operator;
22
(E) a public hydrogen fueling station de-
23
veloper or operator;
24
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•S 648 IS
(F) a Federal, State, or local agency that
1
owns, operates, leases, or otherwise controls a
2
fleet of public vehicles; or
3
(G) a partnership of 1 or more entities de-
4
scribed in subparagraphs (A) through (E).
5
(3) APPLICATIONS.—
6
(A) IN
GENERAL.—Subject to subpara-
7
graph (B), an eligible entity desiring a grant
8
under the program shall submit to the Sec-
9
retary an application at such time, in such
10
manner, and containing such information as the
11
Secretary, in consultation with the Secretary of
12
Energy, may require.
13
(B) REQUIREMENT.—If an eligible entity
14
desiring a grant under the program intends to
15
use the grant for only 1 of the uses described
16
in subparagraphs (A) and (B) of subsection
17
(d)(1), the eligible entity shall include in the
18
application under subparagraph (A) a descrip-
19
tion of—
20
(i) if the grant is to be used only for
21
the use described in subparagraph (A) of
22
subsection (d)(1), the availability of not
23
fewer than 1 hydrogen fueling station that
24
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•S 648 IS
can be used by heavy-duty fuel cell vehi-
1
cles;
2
(ii) if the grant is to be used only for
3
the use described in subparagraph (B) of
4
subsection (d)(1), the availability of not
5
fewer than 7 heavy-duty fuel cell vehicles
6
that—
7
(I) use hydrogen as a fuel source;
8
and
9
(II) will use 1 or more hydrogen
10
fueling stations demonstrated using
11
the grant; and
12
(iii) the means by which the project of
13
the eligible entity will expand the demand
14
for and use of any existing infrastructure.
15
(4) CONSIDERATIONS.—In selecting eligible en-
16
tities to receive a grant under the program, the Sec-
17
retary, in consultation with the Secretary of Energy,
18
shall—
19
(A) take into account whether the eligible
20
entity has the potential to expand the use of hy-
21
drogen demonstrated by the eligible entity using
22
the grant to other applications within the region
23
in which the eligible entity operates; and
24
(B) to the maximum extent practicable—
25
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•S 648 IS
(i) select eligible entities operating in
1
different regions of the United States—
2
(I) to demonstrate different types
3
of fleet operations, such as fleet oper-
4
ations with differing local hydrogen
5
supplies, climate conditions, route
6
lengths and geographies, and sizes of
7
vehicles; and
8
(II) to identify any differences in
9
performance demonstrated by the
10
heavy-duty fuel cell vehicles used by
11
the eligible entity that are due to re-
12
gional characteristics;
13
(ii) select eligible entities that intend
14
to use the grant for both of the uses de-
15
scribed in subparagraphs (A) and (B) of
16
subsection (d)(1); and
17
(iii) select projects that will generate
18
the greatest benefit to low-income or dis-
19
advantaged communities (including cities,
20
towns, counties, and reasonably isolated
21
and divisible segments of a larger munici-
22
pality) with an annual median household
23
income that is less than 100 percent of the
24
statewide annual median household income
25
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•S 648 IS
for the State in which the community is lo-
1
cated, according to the most recent decen-
2
nial census.
3
(5) PRIORITY.—In selecting eligible entities to
4
receive a grant under the program, the Secretary, in
5
consultation with the Secretary of Energy, shall give
6
priority to projects that will provide greater net im-
7
pact in avoiding or reducing emissions of greenhouse
8
gases.
9
(6) SPECIAL CONSIDERATION.—In selecting eli-
10
gible entities to receive a grant under the program,
11
the Secretary, in consultation with the Secretary of
12
Energy, shall give special consideration to—
13
(A) if the grant is to be used for the use
14
described in subsection (d)(1)(B), projects in
15
which each applicable hydrogen fueling station
16
is open to the public; or
17
(B) eligible entities that provide greater
18
than 20 percent cost share.
19
(c) GOALS.—The goals of the program shall be—
20
(1) to demonstrate the performance and reli-
21
ability of heavy-duty fuel cell vehicles in different re-
22
gions of the United States;
23
(2) to provide a basis for relevant cost evalua-
24
tions and cost reductions; and
25
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•S 648 IS
(3) to accelerate the market deployment of
1
heavy-duty fuel cell vehicles.
2
(d) USE OF GRANT FUNDS.—
3
(1) IN GENERAL.—An eligible entity that re-
4
ceives a grant under the program shall use the grant
5
to demonstrate the performance of—
6
(A) not fewer than 7 heavy-duty fuel cell
7
vehicles that use hydrogen as fuel source; or
8
(B) 1 or more hydrogen fueling stations
9
for use by heavy-duty fuel cell vehicles.
10
(2) ELIGIBLE COSTS.—An eligible entity that
11
receives a grant under the program may use the
12
grant for the following costs:
13
(A) The capital costs of—
14
(i) the heavy-duty fuel cell vehicles de-
15
scribed in paragraph (1)(A), subject to
16
paragraph (4); or
17
(ii) a station described in paragraph
18
(1)(B).
19
(B) The costs, such as costs associated
20
with labor, complying with maintenance re-
21
quirements, and grant administration, of oper-
22
ating—
23
(i) the heavy-duty fuel cell vehicles de-
24
scribed in paragraph (1)(A); or
25
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•S 648 IS
(ii) a station described in paragraph
1
(1)(B).
2
(C) Overhead costs.
3
(D) The costs of training personnel to en-
4
sure safety and best practices during construc-
5
tion, fueling and refueling, maintenance, and
6
upkeep, as applicable, of—
7
(i) the heavy-duty fuel cell vehicles de-
8
scribed in paragraph (1)(A); or
9
(ii) a station described in paragraph
10
(1)(B).
11
(E) The costs of complying with—
12
(i) the requirements of subsection (g);
13
and
14
(ii) any reporting requirements under
15
subsection (h).
16
(3) OPERATION.—
17
(A) IN GENERAL.—Except as provided in
18
subparagraph (B), an eligible entity that re-
19
ceives a grant under the program for a use de-
20
scribed in subparagraph (A) or (B) of para-
21
graph (1) may determine whether each applica-
22
ble hydrogen fueling station shall—
23
(i) allow only private access; or
24
(ii) be open to the public.
25
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•S 648 IS
(B) PUBLIC HYDROGEN FUELING STATION
1
DEVELOPERS AND OPERATORS.—An eligible en-
2
tity described in subsection (b)(2)(E) that re-
3
ceives a grant under the program to be used
4
only for the use described in paragraph (1)(B)
5
shall make each applicable hydrogen fueling
6
station described in that paragraph open to the
7
public.
8
(4) CAPITAL COSTS OF VEHICLES.—With re-
9
spect to the capital costs described in paragraph
10
(2)(A)(i), the amount of grant funds used for those
11
capital costs shall not exceed, with respect to each
12
heavy-duty fuel cell vehicle purchased by the eligible
13
entity and used for the applicable project, the lesser
14
of—
15
(A) an amount equal to the difference be-
16
tween—
17
(i) the cost of the heavy-duty fuel cell
18
vehicle; and
19
(ii) the product obtained by multi-
20
plying—
21
(I) the cost of a comparable
22
gasoline- or diesel-fueled vehicle; and
23
(II) 0.5; and
24
(B) $500,000.
25
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•S 648 IS
(e) AMOUNT OF A GRANT.—The amount of a grant
1
provided by the Secretary under the program shall be not
2
more than $20,000,000.
3
(f) COST SHARING.—The non-Federal share of the
4
cost of a project carried out using a grant under the pro-
5
gram shall be not less than 20 percent.
6
(g) LEAK DETECTION.—Each eligible entity that re-
7
ceives a grant under the program shall conduct—
8
(1) a hydrogen leakage monitoring, reporting,
9
and verification (also known as ‘‘MRV’’) program;
10
and
11
(2) a hydrogen leak detection and repair (also
12
known as ‘‘LDAR’’) program.
13
(h) REPORTING.—
14
(1) IN GENERAL.—An eligible entity that re-
15
ceives a grant under the program shall submit to the
16
Secretary such operational data relating to eligible
17
costs described in subsection (d)(2) as the Secretary,
18
in consultation with the Secretary of Energy, may
19
require to accelerate market deployment of heavy-
20
duty fuel cell vehicles that use hydrogen as a fuel
21
source.
22
(2) REQUIREMENT.—The operational data re-
23
quired by the Secretary under paragraph (1) shall
24
include, at a minimum, data relating to—
25
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•S 648 IS
(A) operational expenses;
1
(B) fuel use; and
2
(C) reliability.
3
(3) SYSTEM.—The Secretary, in consultation
4
with the Secretary of Energy, shall develop a system
5
for data reporting and data sharing that allows simi-
6
lar fleet and fueling station operators to evaluate the
7
performance of the program.
8
(i) AUTHORIZATION OF APPROPRIATIONS.—There is
9
authorized to be appropriated to the Secretary to carry
10
out the program $200,000,000 for the period of fiscal
11
years 2024 through 2028.
12
Æ
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