42 U.S.C. § 16122 — Federal and State procurement of fuel

Page 8775 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16122 1 So in original. Probably should be capitalized. diesel fuel providers, to include biodiesel testing in advanced diesel engine and fuel system tech- nology. (b) Scope The program shall provide for testing to deter- mine the impact of biodiesel from different sources on current and future emission control technologies, with emphasis on— (1) the impact of biodiesel on emissions war- ranty, in-use liability, and antitampering pro- visions; (2) the impact of long-term use of biodiesel on engine operations; (3) the options for optimizing these tech- nologies for both emissions and performance when switching between biodiesel and diesel fuel; and (4) the impact of using biodiesel in these fueling systems and engines when used as a blend with 2006 Environmental Protection Agency-mandated diesel fuel containing a maximum of 15-parts-per-million sulfur con- tent. (c) Report Not later than 2 years after August 8, 2005, the Secretary shall provide an interim report to Congress on the findings of the program, includ- ing a comprehensive analysis of impacts from biodiesel on engine operation for both existing and expected future diesel technologies, and rec- ommendations for ensuring optimal emissions reductions and engine performance with bio- diesel. (d) Authorization of appropriations There are authorized to be appropriated $5,000,000 for each of fiscal years 2006 through 2010 to carry out this section. (e) Definition For purposes of this section, the term ‘‘bio- diesel’’ means a diesel fuel substitute produced from nonpetroleum renewable resources that meets the registration requirements for fuels and fuel additives established by the Environ- mental Protection Agency under section 7545 of this title and that meets the American Society for Testing and Materials D6751–02a Standard Specification for Biodiesel Fuel (B100) Blend Stock for Distillate Fuels. (Pub. L. 109–58, title VII, § 757, Aug. 8, 2005, 119 Stat. 832.) § 16106. Ultra-efficient engine technology for air- craft (a) Ultra-efficient engine technology partnership The Secretary shall enter into a cooperative agreement with the National Aeronautics and Space Administration for the development of ultra-efficient engine technology for aircraft. (b) Performance objective The Secretary shall establish the following performance objectives for the program set forth in subsection (a): (1) A fuel efficiency increase of at least 10 percent. (2) A reduction in the impact of landing and takeoff nitrogen oxides emissions on local air quality of 70 percent. (3) Exploring advanced concepts, alternate propulsion, and power configurations, includ- ing hybrid fuel cell powered systems. (4) Exploring the use of alternate fuel in con- ventional or nonconventional turbine-based systems. (c) Authorization of appropriations There are authorized to be appropriated to the Secretary for carrying out this section $50,000,000 for each of the fiscal years 2006, 2007, 2008, 2009, and 2010. (Pub. L. 109–58, title VII, § 758, Aug. 8, 2005, 119 Stat. 833.) PART E—FEDERAL AND STATE PROCUREMENT § 16121. Definitions In this part: (1) Fuel cell The term ‘‘fuel cell’’ means a device that di- rectly converts the chemical energy of a fuel and an oxidant into electricity by electro- chemical processes occurring at separate elec- trodes in the device. (2) Light-duty or heavy-duty vehicle fleet The term ‘‘light-duty or heavy-duty vehicle fleet’’ does not include any vehicle designed or procured for combat or combat-related mis- sions. (3) Stationary; portable The terms ‘‘stationary’’ and ‘‘portable’’, when used in reference to a fuel cell, include— (A) continuous electric power; and (B) backup electric power. (4) Task Force The term ‘‘Task Force’’ means the Hydrogen and Fuel Cell Technical Task Force estab- lished under section 16155 of this title. (5) Technical Advisory Committee The term ‘‘Technical Advisory Committee’’ means the independent Technical Advisory Committee selected under section 16156 of this title. (Pub. L. 109–58, title VII, § 781, Aug. 8, 2005, 119 Stat. 835.) § 16122. Federal and State procurement of fuel cell vehicles and hydrogen energy systems (a) Purposes The purposes of this section are— (1) to stimulate acceptance by the market of fuel cell vehicles and hydrogen energy sys- tems; (2) to support development of technologies relating to fuel cell vehicles, public refueling stations, and hydrogen energy systems; and (3) to require the Federal government, 1 which is the largest single user of energy in the United States, to adopt those technologies as soon as practicable after the technologies are developed, in conjunction with private in- dustry partners. Page 8776 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16123 (b) Federal leases and purchases (1) Requirement (A) In general Not later than January 1, 2010, the head of any Federal agency that uses a light-duty or heavy-duty vehicle fleet shall lease or pur- chase fuel cell vehicles and hydrogen energy systems to meet any applicable energy sav- ings goal described in subsection (c). (B) Learning demonstration vehicles The Secretary may lease or purchase ap- propriate vehicles developed under sub- sections (a)(10) and (b)(1)(A) of section 16157 of this title to meet the requirement in sub- paragraph (A). (2) Costs of leases and purchases (A) In general The Secretary, in cooperation with the Task Force and the Technical Advisory Committee, shall pay to Federal agencies (or share the cost under interagency agree- ments) the difference in cost between— (i) the cost to the agencies of leasing or purchasing fuel cell vehicles and hydrogen energy systems under paragraph (1); and (ii) the cost to the agencies of a feasible alternative to leasing or purchasing fuel cell vehicles and hydrogen energy systems, as determined by the Secretary. (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 fuel cell vehicle or hydrogen energy system; or (ii) a cost-effective management struc- ture of the lease of a fuel cell vehicle or hydrogen energy system. (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 fuel cell vehicle or hydrogen energy sys- tem in accordance with paragraph (1), that agency 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 Com- mittee. (c) Energy savings goals (1) In general (A) Regulations Not later than December 31, 2006, the Sec- retary shall— (i) in cooperation with the Task Force, promulgate regulations for the period of 2008 through 2010 that extend and augment energy savings goals for each Federal agency, in accordance with any Executive order issued after March 2000; and (ii) promulgate regulations to expand the minimum Federal fleet requirement and credit allowances for fuel cell vehicle systems under section 13212 of this title. (B) Review, evaluation, and new regulations Not later than December 31, 2010, the Sec- retary shall— (i) review the regulations promulgated under subparagraph (A); (ii) evaluate any progress made toward achieving energy savings by Federal agen- cies; and (iii) promulgate new regulations for the period of 2011 through 2015 to achieve addi- tional energy savings by Federal agencies relating to technical and cost-performance standards. (2) Offsetting energy savings goals An agency that leases or purchases a fuel cell vehicle or hydrogen energy system in ac- cordance with subsection (b)(1) may use that lease or purchase to count toward an energy savings goal of the agency. (d) Cooperative program with State agencies (1) In general The Secretary may establish a cooperative program with State agencies managing motor vehicle fleets to encourage purchase of fuel cell vehicles by the agencies. (2) Incentives In carrying out the cooperative program, the Secretary may offer incentive payments to a State agency to assist with the cost of plan- ning, differential purchases, and administra- tion. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section— (1) $15,000,000 for fiscal year 2008; (2) $25,000,000 for fiscal year 2009; (3) $65,000,000 for fiscal year 2010; and (4) such sums as are necessary for each of fis- cal years 2011 through 2015. (Pub. L. 109–58, title VII, § 782, Aug. 8, 2005, 119 Stat. 835.) § 16123. Federal procurement of stationary, port- able, and micro fuel cells (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 appli-