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108th CONGRESS
1st Session
S. 821
To accelerate the commercialization and widespread use of hydrogen
energy and fuel cell technologies, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 8, 2003
Mr. Harkin introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural ResourcesYYYYYY
_______________________________________________________________________
A BILL
To accelerate the commercialization and widespread use of hydrogen
energy and fuel cell technologies, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Hydrogen and Fuel
Cell Energy Act of 2003''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--HYDROGEN RESEARCH, DEVELOPMENT, AND DEMONSTRATION
Sec. 101. Short title.
Sec. 102. Amendment of the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990.
TITLE II--FEDERAL PURCHASES
Sec. 201. Stationary fuel cells in Federal buildings.
Sec. 202. Zero emission vehicles in Federal fleets.
TITLE III--TAX INCENTIVES
Sec. 301. Amendment of 1986 Code.
Sec. 302. Credit for fuel cell and hydrogen motor vehicles.
Sec. 303. Credit for installation of hydrogen fueling stations.
Sec. 304. Credit for retail sale of hydrogen fuel as motor vehicle
fuel.
Sec. 305. Credit for stationary and portable fuel cells.
TITLE I--HYDROGEN RESEARCH, DEVELOPMENT, AND DEMONSTRATION
SEC. 101. SHORT TITLE.
This title may be cited as the ``George E. Brown, Jr. and Robert S.
Walker Hydrogen Future Act of 2003''.
SEC. 102. AMENDMENT OF THE SPARK M. MATSUNAGA HYDROGEN RESEARCH,
DEVELOPMENT, AND DEMONSTRATION ACT OF 1990.
The Spark M. Matsunaga Hydrogen Research, Development, and
Demonstration Act of 1990 (42 U.S.C. 12401 et seq.) is amended to read
as follows:
``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
``(a) Short Title.--This Act may be cited as the ``Spark M.
Matsunaga Hydrogen Research, Development, and Demonstration Act of
1990''.
``(b) Table of Contents.--The table of contents of this Act is as
follows:
``Sec. 1. Short title; table of contents.
``Sec. 2. Finding.
``Sec. 3. Purposes.
``Sec. 4. Definitions.
``Sec. 5. Coordination and consultation.
``Sec. 6. Advisory panel.
``Sec. 7. Interagency task force and coordination plan.
``Sec. 8. Review by the National Academy of Sciences.
``TITLE I--HYDROGEN ENERGY AND FUEL CELL TECHNOLOGY
``Sec. 101. Research and development.
``Sec. 102. Demonstrations in conjunction with research and
development.
``Sec. 103. Public education, training, and technology
transfer.
``Sec. 104. Report.
``Sec. 105. Authorization of appropriations.
``TITLE II--DEMONSTRATIONS
``Sec. 201. Federal fuel cell and hydrogen infrastructure pilot
projects.
``Sec. 202. Hydrogen transportation corridor and regional pilot
projects.
``Sec. 203. International demonstrations.
``Sec. 204. Demonstrations of renewable production of hydrogen.
``Sec. 205. Operation, cost sharing, and reporting.
``SEC. 2. FINDING.
``Congress finds that it is in the national interest to accelerate
introduction of hydrogen energy and fuel cell technologies in order
to--
``(1) increase energy efficiency and security; and
``(2) enable the use of clean, domestic, and renewable
energy sources.
``SEC. 3. PURPOSES.
``The purposes of this Act are--
``(1) to direct the Secretary to conduct a research,
development, demonstration, and commercial application program
on hydrogen production, delivery, storage, and use technologies
and fuel cell technologies;
``(2) to accelerate the commercialization and widespread
use of hydrogen energy and fuel cell technologies in
transportation, commercial, industrial, residential, and
utility applications, in order to--
``(A) reduce the life cycle pollution and
greenhouse gas emissions from energy use;
``(B) enable widespread use of renewable energy
sources by allowing clean, efficient, and flexible
storage, transportation, and use of the energy; and
``(C) promote the energy security of the United
States through use of domestic energy sources and
distributed energy infrastructure;
``(3) to reduce the costs of fuel cell stacks and of
hydrogen fuel;
``(4) to improve hydrogen storage and other critical
technologies;
``(5) to enable the economical and environmentally sound
use of renewable resources for the production of hydrogen; and
``(6) to ensure the coordinated availability of hydrogen-
powered vehicles and the necessary refueling infrastructure.
``SEC. 4. DEFINITIONS.
``In this Act:
``(1) Department.--The term `Department' means the
Department of Energy.
``(2) Panel.--The term `Panel' means the Hydrogen and Fuel
Cells Technical Advisory Panel established by section 107(a).
``(3) Secretary.--The term `Secretary' means the Secretary
of Energy.
``SEC. 5. COORDINATION AND CONSULTATION.
``(a) Responsibility of Secretary.--
``(1) In general.--The Secretary shall have overall
management responsibility for carrying out this Act.
``(2) Administrative actions.--In carrying out this Act--
``(A) the Secretary shall establish a central point
for the coordination of all hydrogen energy and fuel
cell research, development, and demonstration
activities of the Department;
``(B) the Secretary and the Panel may obtain
assistance from, any other Federal agency--
``(i) on a reimbursable or nonreimbursable
basis; and
``(ii) with the consent of the Federal
agency; and
``(C) the Secretary shall consult with--
``(i) other Federal agencies, as
appropriate; and
``(ii) the Panel.
``(b) Duplication.--The Secretary shall ensure, to the maximum
extent practicable, that activities under this Act do not--
``(1) duplicate any available research and development
results; or
``(2) displace or compete with privately-funded hydrogen
and fuel cell energy activities.
``SEC. 6. ADVISORY PANEL.
``(a) Establishment.--There is established an advisory panel, to be
known as the `Hydrogen and Fuel Cells Technical Advisory Panel', to
advise the Secretary in carrying out this Act.
``(b) Membership.--
``(1) In general.--The Secretary shall appoint to the Panel
not fewer than 9 nor more than 15 members, based on technical
and other qualifications, from--
``(A) domestic industry;
``(B) universities;
``(C) professional societies;
``(D) Federal laboratories;
``(E) financial institutions;
``(F) environmental organizations; and
``(G) such other organizations as the Secretary
determines to be appropriate.
``(2) Terms.--
``(A) In general.--The term of a member of the
Panel shall not be more than 3 years.
``(B) Staggered terms.--The Secretary may appoint
members of the Panel 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 Panel.
``(C) Reappointment.--A member of the Panel whose
term expires may be reappointed.
``(3) Chairperson.--The Panel shall select a Chairperson
from among the members of the Panel.
``(c) Review and Recommendations.--
``(1) In general.--The Panel shall review and make any
necessary recommendations to the Secretary on--
``(A) the implementation and conduct of programs
under this Act;
``(B) the economic, technological, and
environmental consequences of the deployment of
hydrogen production, delivery, and use technologies and
fuel cell technologies; and
``(C) the coordination plan prepared by the task
force under section 7(c).
``(2) Consideration by secretary.--
``(A) In general.--The Secretary shall consider,
but shall not be required to adopt, any recommendation
of the Panel under paragraph (1).
``(B) Report.--The Secretary shall include in the
report under section 104--
``(i) for each recommendation of the Panel
implemented by the Secretary, a description of
the progress made in implementing the
recommendation; and
``(ii) for each recommendation of the Panel
that is not implemented by the Secretary, an
explanation of the reasons why the
recommendation was not implemented.
``(d) Support.--The Secretary shall provide such staff, funds, and
other assistance as are necessary to enable the Panel to carry out the
responsibilities of the Panel.
``SEC. 7. INTERAGENCY TASK FORCE AND COORDINATION PLAN.
``(a) Establishment.--Not later than 120 days after the date of
enactment of the Hydrogen and Fuel Cell Energy Act of 2003, the
President shall establish an interagency task force to coordinate
Federal hydrogen and fuel cell energy activities.
``(b) Membership.--The task force shall include--
``(1) the Director of the Office of Science and Technology
Policy, who shall act as chairperson; and
``(2) representatives of--
``(A) the Department of Energy;
``(B) the Department of Transportation;
``(C) the Department of Defense;
``(D) the Department of Commerce (including the
National Institute for Standards and Technology);
``(E) the Environmental Protection Agency;
``(F) the National Aeronautics and Space
Administration;
``(G) the Department of State; and
``(H) such other Federal agencies as the President
considers appropriate.
``(c) Coordination Plan.--The task force shall prepare a
comprehensive coordination plan for Federal hydrogen and fuel cell
energy activities, which shall include a summary of those activities.
``(d) Report.--Not later than 1 year after the date on which the
President establishes the task force, the task force shall submit to
Congress a report that includes--
``(1) the coordination plan under subsection (c); and
``(2) a description of actions taken to ensure interagency
coordination of Federal hydrogen and fuel cell energy
activities.
``SEC. 8. REVIEW BY THE NATIONAL ACADEMY OF SCIENCES.
``Not later than June 30, 2006, and at least every 4 years
thereafter, the National Academy of Sciences shall--
``(1) complete a review of--
``(A) the progress made through Federal hydrogen
and fuel cell energy programs and activities; and
``(B) the need for modified or additional programs;
and
``(2) submit to Congress a report that describes the
results of the review.
``TITLE I--HYDROGEN ENERGY AND FUEL CELL TECHNOLOGY
``SEC. 101. RESEARCH AND DEVELOPMENT.
``(a) Program.--The Secretary shall carry out a research and
development program relating to hydrogen production, delivery, storage,
and use technologies and fuel cell technologies, the goal of which
program shall be to enable the safe, economical, and environmentally
sound use of hydrogen energy and fuel cells for industrial, commercial,
residential, transportation, and utility applications.
``(b) Research and Development Areas.--In carrying out the program
under subsection (a), the Secretary shall focus on critical technical
issues, including--
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