42 U.S.C. § 16155 — Hydrogen and Fuel Cell Technical Task

Page 8786 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16155 (C) widespread availability of hydrogen from domestic energy sources through— (i) production, with consideration of emissions levels; (ii) delivery, including transmission by pipeline and other distribution methods for hydrogen; and (iii) storage, including storage in surface transportation vehicles; (D) hydrogen for fuel cells, internal com- bustion engines, and other energy conver- sion devices for portable, stationary, micro, critical needs facilities, and transportation applications; and (E) other technologies consistent with the Department’s plan. (3) Fuel cells The goals for fuel cells and their portable, stationary, and transportation applications are to enable— (A) safe, economical, and environmentally sound hydrogen fuel cells; (B) fuel cells for light duty and other vehi- cles; and (C) other technologies consistent with the Department’s plan. (g) Funding (1) In general The Secretary shall carry out the programs under this section using a competitive, merit- based review process and consistent with the generally applicable Federal laws and regula- tions governing awards of financial assistance, contracts, or other agreements. (2) Research centers Activities under this section may be carried out by funding nationally recognized univer- sity-based or Federal laboratory research cen- ters. (h) Hydrogen supply There are authorized to be appropriated to carry out projects and activities relating to hy- drogen production, storage, distribution and dis- pensing, transport, education and coordination, and technology transfer under this section— (1) $160,000,000 for fiscal year 2006; (2) $200,000,000 for fiscal year 2007; (3) $220,000,000 for fiscal year 2008; (4) $230,000,000 for fiscal year 2009; (5) $250,000,000 for fiscal year 2010; and (6) such sums as are necessary for each of fis- cal years 2011 through 2020. (i) Fuel cell technologies There are authorized to be appropriated to carry out projects and activities relating to fuel cell technologies under this section— (1) $150,000,000 for fiscal year 2006; (2) $160,000,000 for fiscal year 2007; (3) $170,000,000 for fiscal year 2008; (4) $180,000,000 for fiscal year 2009; (5) $200,000,000 for fiscal year 2010; and (6) such sums as are necessary for each of fis- cal years 2011 through 2020. (j) Targets Not later than 180 days after November 15, 2021, the Secretary shall establish targets for the program to address near-term (up to 2 years), mid-term (up to 7 years), and long-term (up to 15 years) challenges to the advancement of clean hydrogen systems and technologies. (Pub. L. 109–58, title VIII, § 805, Aug. 8, 2005, 119 Stat. 845; Pub. L. 117–58, div. D, title III, § 40313(a), Nov. 15, 2021, 135 Stat. 1006.) Editorial Notes AMENDMENTS 2021—Pub. L. 117–58, § 40313(a)(1), substituted ‘‘Clean hydrogen research and development program’’ for ‘‘Pro- grams’’ in section catchline. Subsec. (a). Pub. L. 117–58, § 40313(a)(2), substituted ‘‘crosscutting research and development program (re- ferred to in this section as the ‘program’)’’ for ‘‘re- search and development program’’ and inserted ‘‘proc- essing,’’ after ‘‘production,’’. Subsec. (b). Pub. L. 117–58, § 40313(a)(3), added subsec. (b) and struck out former subsec. (b). Prior to amend- ment, text read as follows: ‘‘The goal of the program shall be to demonstrate and commercialize the use of hydrogen for transportation (in light-duty vehicles and heavy-duty vehicles), utility, industrial, commercial, and residential applications.’’ Subsec. (c)(3). Pub. L. 117–58, § 40313(a)(4), substituted ‘‘fossil fuels with carbon capture, utilization, and se- questration, renewable fuels, biofuels, and nuclear en- ergy’’ for ‘‘renewable fuels and biofuels’’. Subsec. (e). Pub. L. 117–58, § 40313(a)(5), added subsec. (e) and struck out former subsec. (e) which required Secretary, in partnership with private sector, to con- duct programs to address certain activities. Subsec. (j). Pub. L. 117–58, § 40313(a)(6), added subsec. (j). Statutory Notes and Related Subsidiaries WAGE RATE REQUIREMENTS For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including au- thority of Secretary of Labor, see section 18851 of this title. § 16155. Hydrogen and Fuel Cell Technical Task Force (a) Establishment Not later than 120 days after August 8, 2005, the President shall establish an interagency task force chaired by the Secretary with rep- resentatives from each of the following: (1) The Office of Science and Technology Policy within the Executive Office of the President. (2) The Department of Transportation. (3) The Department of Defense. (4) The Department of Commerce (including the National Institute of Standards and Tech- nology). (5) The Department of State. (6) The Environmental Protection Agency. (7) The National Aeronautics and Space Ad- ministration. (8) Other Federal agencies as the Secretary determines appropriate. (b) Duties (1) Planning The Task Force shall work toward— (A) a safe, economical, and environ- mentally sound fuel infrastructure for hy- Page 8787 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16157 drogen and hydrogen-carrier fuels, including an infrastructure that supports buses and other fleet transportation; (B) fuel cells in government and other ap- plications, including portable, stationary, and transportation applications; (C) distributed power generation, including the generation of combined heat, power, and clean fuels including hydrogen; (D) uniform hydrogen codes, standards, and safety protocols; and (E) vehicle hydrogen fuel system integrity safety performance. (2) Activities The Task Force may organize workshops and conferences, may issue publications, and may create databases to carry out its duties. The Task Force shall— (A) foster the exchange of generic, non- proprietary information and technology among industry, academia, and government; (B) develop and maintain an inventory and assessment of hydrogen, fuel cells, and other advanced technologies, including the com- mercial capability of each technology for the economic and environmentally safe pro- duction, distribution, delivery, storage, and use of hydrogen; (C) integrate technical and other informa- tion made available as a result of the pro- grams and activities under this subchapter; (D) promote the marketplace introduction of infrastructure for hydrogen fuel vehicles; and (E) conduct an education program to pro- vide hydrogen and fuel cell information to potential end-users. (c) Agency cooperation The heads of all agencies, including those whose agencies are not represented on the Task Force, shall cooperate with and furnish informa- tion to the Task Force, the Technical Advisory Committee, and the Department. (Pub. L. 109–58, title VIII, § 806, Aug. 8, 2005, 119 Stat. 848.) § 16156. Technical Advisory Committee (a) Establishment The Hydrogen Technical and Fuel Cell Advi- sory Committee is established to advise the Sec- retary 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 indus- try, academia, professional societies, govern- ment 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 Ad- visory Committee shall not be more than 3 years. The Secretary may appoint members of the Technical Advisory Committee in a man- ner that allows the terms of the members serving at any time to expire at spaced inter- vals so as to ensure continuity in the func- tioning of the Technical Advisory Committee. A member of the Technical Advisory Com- mittee whose term is expiring may be re- appointed. (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 re- view and make recommendations to the Sec- retary on— (1) the implementation of programs and ac- tivities under this subchapter; (2) the safety, economical, and environ- mental 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. (d) Response (1) Consideration of recommendations The Secretary shall consider, but need not adopt, any recommendations of the Technical Advisory Committee under subsection (c). (2) Biennial report The Secretary shall transmit a biennial re- port to Congress describing any recommenda- tions made by the Technical Advisory Com- mittee since the previous report. The report shall include a description of how the Sec- retary has implemented or plans to implement the recommendations, or an explanation of the reasons that a recommendation will not be im- plemented. The report shall be transmitted along with the President’s budget proposal. (e) Support The Secretary shall provide resources nec- essary in the judgment of the Secretary for the Technical Advisory Committee to carry out its responsibilities under this subchapter. (Pub. L. 109–58, title VIII, § 807, Aug. 8, 2005, 119 Stat. 849.) § 16157. Demonstration (a) In general In carrying out the programs under this sec- tion, the Secretary shall fund a limited number of demonstration projects, consistent with this subchapter and a determination of the maturity, cost-effectiveness, and environmental impacts of technologies supporting each project. In se- lecting projects under this subsection, the Sec- retary shall, to the extent practicable and in the public interest, select projects that— (1) involve using hydrogen and related prod- ucts at existing facilities or installations, such as existing office buildings, military bases, vehicle fleet centers, transit bus au- thorities, or units of the National Park Sys- tem; (2) depend on reliable power from hydrogen to carry out essential activities;