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42 U.S.C. § 16131 — Federal procurement of stationary, portable, and micro fuel cells
Federal law — U.S. Code and appendices · legal_authorities
**(a) Purposes** The purposes of this section are—
(1) to stimulate acceptance by the market of stationary, portable, and micro fuel cells; and
(2) to support development of technologies relating to stationary, portable, and micro fuel cells.
**(b) Federal leases and purchases**
(1) **In general** — Not later than January 1, 2006, the head of any Federal agency that uses electrical power from stationary, portable, or microportable devices shall lease or purchase a stationary, portable, or micro fuel cell to meet any applicable energy savings goal described in subsection (c).
(2) **Costs of leases and purchases**
(A) *In general* — The Secretary, in cooperation with the Task Force and the Technical Advisory Committee, shall pay the cost to Federal agencies (or share the cost under interagency agreements) of leasing or purchasing stationary, portable, and micro fuel cells under paragraph (1).
(B) *Competitive costs and management structures* — In carrying out subparagraph (A), the Secretary, in consultation with the agency, may use the General Services Administration or any commercial vendor to ensure—
(i) a cost-effective purchase of a stationary, portable, or micro fuel cell; or
(ii) a cost-effective management structure of the lease of a stationary, portable, or micro fuel cell.
(3) **Exception**
(A) *In general* — If the Secretary determines that the head of an agency described in paragraph (1) cannot find an appropriately efficient and reliable stationary, portable, or micro fuel cell in accordance with paragraph (1), that agency shall be excepted from compliance with paragraph (1).
(B) *Consideration* — In making a determination under subparagraph (A), the Secretary shall consider—
(i) the needs of the agency; and
(ii) an evalua
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 16131
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Stable record: federal_law:legal_authorities:record_usc_5a1317648dc687a57ab4d108
Source file: Laws/federal/codes/united-states-code/title-42/section-16131-federal-procurement-of-stationary-portable-and-micro-fuel-cells--88c817d13d.md
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Source location: Title 42, Chapter 149, § 16131; chapter-149-national-energy-policy-and-programs.md
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**(a) Purposes** The purposes of this section are—
(1) to stimulate acceptance by the market of stationary, portable, and micro fuel cells; and
(2) to support development of technologies relating to stationary, portable, and micro fuel cells.
**(b) Federal leases and purchases**
(1) **In general** — Not later than January 1, 2006, the head of any Federal agency that uses electrical power from stationary, portable, or microportable devices shall lease or purchase a stationary, portable, or micro fuel cell to meet any applicable energy savings goal described in subsection (c).
(2) **Costs of leases and purchases**
(A) *In general* — The Secretary, in cooperation with the Task Force and the Technical Advisory Committee, shall pay the cost to Federal agencies (or share the cost under interagency agreements) of leasing or purchasing stationary, portable, and micro fuel cells under paragraph (1).
(B) *Competitive costs and management structures* — In carrying out subparagraph (A), the Secretary, in consultation with the agency, may use the General Services Administration or any commercial vendor to ensure—
(i) a cost-effective purchase of a stationary, portable, or micro fuel cell; or
(ii) a cost-effective management structure of the lease of a stationary, portable, or micro fuel cell.
(3) **Exception**
(A) *In general* — If the Secretary determines that the head of an agency described in paragraph (1) cannot find an appropriately efficient and reliable stationary, portable, or micro fuel cell in accordance with paragraph (1), that agency shall be excepted from compliance with paragraph (1).
(B) *Consideration* — In making a determination under subparagraph (A), the Secretary shall consider—
(i) the needs of the agency; and
(ii) an evaluation performed by—
(I) the Task Force; or
(II) the Technical Advisory Committee of the Task Force.
**(c) Energy savings goals** An agency that leases or purchases a stationary, portable, or micro fuel cell in accordance with subsection (b)(1) may use that lease or purchase to count toward an energy savings goal described in [section 16157 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16157&num=0&edition=prelim) that is applicable to the agency.
**(d) Authorization of appropriations** There is authorized to be appropriated to carry out this section—
(1) $20,000,000 for fiscal year 2006;
(2) $50,000,000 for fiscal year 2007;
(3) $75,000,000 for fiscal year 2008;
(4) $100,000,000 for fiscal year 2009;
(5) $100,000,000 for fiscal year 2010; and
(6) such sums as are necessary for each of fiscal years 2011 through 2015.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** The Hydrogen Technical and Fuel Cell Advisory Committee is established to advise the Secretary on the programs and activities under this subchapter.
**(b) Membership**
(1) **Members** — The Technical Advisory Committee shall be comprised of not fewer than 12 nor more than 25 members. The members shall be appointed by the Secretary to represent domestic industry, academia, professional societies, government agencies, Federal laboratories, previous advisory panels, and financial, environmental, and other appropriate organizations based on the Department’s assessment of the technical and other qualifications of Technical Advisory Committee members and the needs of the Technical Advisory Committee.
(2) **Terms** — The term of a member of the Technical Advisory Committee shall not be more than 3 years. The Secretary may appoint members of the Technical Advisory Committee in a manner that allows the terms of the members serving at any time to expire at spaced intervals so as to ensure continuity in the functioning of the Technical Advisory Committee. A member of the Technical Advisory Committee whose term is expiring may be reappointed.
(3) **Chairperson** — The Technical Advisory Committee shall have a chairperson, who shall be elected by the members from among their number.
**(c) Review** The Technical Advisory Committee shall review and make recommendations to the Secretary on—
(1) the implementation of programs and activities under this subchapter;
(2) the safety, economical, and environmental consequences of technologies for the production, distribution, delivery, storage, or use of hydrogen energy and fuel cells; and
(3) the plan under [section 16153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 16157
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The Secretary shall establish and implement a congestion mitigation and air quality improvement program in accordance with this section.
**(b) Eligible Projects.—** Except as provided in subsections (d) and (m)(1)(B)(ii), a State may obligate funds apportioned to it under section 104(b)(4) for the congestion mitigation and air quality improvement program only for a transportation project or program if the project or program is for an area in the State that is or was designated as a nonattainment area for ozone, carbon monoxide, or particulate matter under section 107(d) of the Clean Air Act ([42 U.S.C. 7407(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7407/d&num=0&edition=prelim)) and classified pursuant to section 181(a), 186(a), 188(a), or 188(b) of the Clean Air Act ([42 U.S.C. 7511(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7511/a&num=0&edition=prelim), 7512(a), 7513(a), or 7513(b)) or is or was designated as a nonattainment area under such section 107(d) after December 31, 1997, or is required to prepare, and file with the Administrator of the Environmental Protection Agency, maintenance plans under the Clean Air Act ([42 U.S.C. 7401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7401&num=0&edition=prelim) et seq.) and—
(1)
(A)
(i) if the Secretary, after consultation with the Administrator determines, on the basis of information published by the Environmental Protection Agency pursuant to section 108(f)(1)(A) of the Clean Air Act (other than clause (xvi)) that the project or program is likely to contribute to—
(I) the attainment of a national ambient air quality standard in the designated nonattainment area; or
(II)
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 149
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided, in this Act:
(1) **Department** — The term “Department” means the Department of Energy.
(2) **Institution of higher education**
(A) *In general* — The term “institution of higher education” has the meaning given the term in [section 1001(a) of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001/a&num=0&edition=prelim).
(B) *Inclusion* — The term “institution of higher education” includes an organization that—
(i) is organized, and at all times thereafter operated, exclusively for the benefit of, to perform the functions of, or to carry out the functions of one or more organizations referred to in subparagraph (A); and
(ii) is operated, supervised, or controlled by or in connection with one or more of those organizations.
(3) **National Laboratory** — The term “National Laboratory” means any of the following laboratories owned by the Department:
(A) Ames Laboratory.
(B) Argonne National Laboratory.
(C) Brookhaven National Laboratory.
(D) Fermi National Accelerator Laboratory.
(E) Idaho National Laboratory.
(F) Lawrence Berkeley National Laboratory.
(G) Lawrence Livermore National Laboratory.
(H) Los Alamos National Laboratory.
(I) National Energy Technology Laboratory.
(J) National Renewable Energy Laboratory.
(K) Oak Ridge National Laboratory.
(L) Pacific Northwest National Laboratory.
(M) Princeton Plasma Physics Laboratory.
(N) Sandia National Laboratories.
(O) Savannah River National Laboratory.
(P) Stanford Linear Accelerator Center.
(Q) Thomas Jefferson National Accelerator Facility.
(4) **Secretary** — The term “Secretary” means the Secretary of Energy.
(5) **Small business concern** — The term “small business concern” has th
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 15811
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Administrator shall use 70 percent of the funds made available to carry out this part for each fiscal year to provide grants, rebates, or low-cost revolving loans, as determined by the Administrator, on a competitive basis, to eligible entities, including through contracts entered into under subsection (e) of this section, to achieve significant reductions in diesel emissions in terms of—
(1) pollution produced; and
(2) diesel emissions exposure, particularly from fleets operating in areas designated by the Administrator as poor air quality areas.
**(b) Distribution**
(1) **In general** — The Administrator shall distribute funds made available for a fiscal year under this part in accordance with this section.
(2) **Engine configurations and technologies**
(A) *Certified engine configurations and verified technologies* — The Administrator shall provide not less than 95 percent of funds available for a fiscal year under this section to eligible entities for projects using—
(i) a certified engine configuration; or
(ii) a verified technology.
(B) *Emerging technologies*
(i) *In general* — The Administrator shall provide not more than 5 percent of funds available for a fiscal year under this section to eligible entities for the development and commercialization of emerging technologies.
(ii) *Application and test plan* — To receive funds under clause (i), a manufacturer, in consultation with an eligible entity, shall submit for verification to the Administrator or the California Air Resources Board a test plan for the emerging technology, together with a verification application.
**(c) Applications**
(1) **Expedited process**
(A) *In general* — The Administrator shall develop a simplified application process for all
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 16133
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Subject to the availability of adequate appropriations, the Administrator shall use 30 percent of the funds made available for a fiscal year under this part to support grant, rebate, and loan programs administered by States that are designed to achieve significant reductions in diesel emissions.
**(b) Applications** The Administrator shall—
(1) provide to States guidance for use in applying for grant, rebate, or loan funds under this section, including information regarding—
(A) the process and forms for applications;
(B) permissible uses of funds received; and
(C) the cost-effectiveness of various emission reduction technologies eligible to be carried out using funds provided under this section; and
(2) establish, for applications described in paragraph (1)—
(A) an annual deadline for submission of the applications;
(B) a process by which the Administrator shall approve or disapprove each application; and
(C) a streamlined process by which a State may renew an application described in paragraph (1) for subsequent fiscal years.
**(c) Allocation of funds**
(1) **In general** — For each fiscal year, the Administrator shall allocate among States for which applications are approved by the Administrator under subsection (b)(2)(B) funds made available to carry out this section for the fiscal year.
(2) **Allocation**
(A) *In general* — Except as provided in subparagraphs (B) and (C), using not more than 20 percent of the funds made available to carry out this part for a fiscal year, the Administrator shall provide to each State qualified for an allocation for the fiscal year an allocation equal to 1⁄53 of the funds made available for that fiscal year for distribution to States under this paragraph.
(B) *Certain territories*
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 16134
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Not later than 1 year after the date on which funds are made available under this part, and biennially thereafter, the Administrator shall submit to Congress a report evaluating the implementation of the programs under this part.
**(b) Inclusions** The report shall include a description of—
(1) the total number of grant applications received;
(2) each grant, rebate, or loan made under this part, including the amount of the grant, rebate, or loan;
(3) each project for which a grant, rebate, or loan is provided under this part, including the criteria used to select the grant, rebate, or loan recipients;
(4) the actual and estimated air quality and diesel fuel conservation benefits, cost-effectiveness, and cost-benefits of the grant, rebate, and loan programs under this part;
(5) the problems encountered by projects for which a grant, rebate, or loan is provided under this part;
(6) any other information the Administrator considers to be appropriate; and
(7) in the last report sent to Congress before January 1, 2016, an analysis of the need to continue the program, including an assessment of the size of the vehicle and engine fleet that could provide benefits from being retrofit under this program and a description of the number and types of applications that were not granted in the preceding year.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 16135
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** There is authorized to be appropriated to carry out this part $100,000,000 for each of fiscal years 2012 through 2024, to remain available until expended.
**(b) Management and oversight** The Administrator may use not more than 1 percent of the amounts made available under subsection (a) for each fiscal year for management and oversight purposes.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 16138
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Federal law — U.S. Code and appendices · legal_authorities
Page 8777
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 16131
cable energy savings goal described in sub-
section (c).
(2) Costs of leases and purchases
(A) In general
The Secretary, in cooperation with the
Task Force and the Technical Advisory
Committee, shall pay the cost to Federal
agencies (or share the cost under inter-
agency agreements) of leasing or purchasing
stationary, portable, and micro fuel cells
under paragraph (1).
(B) Competitive costs and management struc-
tures
In carrying out subparagraph (A), the Sec-
retary, in consultation with the agency, may
use the General Services Administration or
any commercial vendor to ensure—
(i) a cost-effective purchase of a sta-
tionary, portable, or micro fuel cell; or
(ii) a cost-effective management struc-
ture of the lease of a stationary, portable,
or micro fuel cell.
(3) Exception
(A) In general
If the Secretary determines that the head
of an agency described in paragraph (1) can-
not find an appropriately efficient and reli-
able stationary, portable, or micro fuel cell
in accordance with paragraph (1), that agen-
cy shall be excepted from compliance with
paragraph (1).
(B) Consideration
In making a determination under subpara-
graph (A), the Secretary shall consider—
(i) the needs of the agency; and
(ii) an evaluation performed by—
(I) the Task Force; or
(II) the Technical Advisory Committee
of the Task Force.
(c) Energy savings goals
An agency that leases or purchases a sta-
tionary, portable, or micro fuel cell in accord-
ance with subsection (b)(1) may use that lease or
purchase to count toward an energy savings goal
described in section 16157 of this title that is ap-
plicable to the agency.
(d) Authorization of appropriations
There is authorized to be appropriated to
carry out th
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 16131
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.