### §16161d. Clean hydrogen electrolysis program

#### (a) Definitions

In this section:

#### (1) Electrolysis

The term "electrolysis" means a process that uses electricity to split water into hydrogen and oxygen.

#### (2) Electrolyzer

The term "electrolyzer" means a system that produces hydrogen using electrolysis.

#### (3) Program

The term "program" means the program established under subsection (b).

#### (b) Establishment

Not later than 90 days after November 15, 2021, the Secretary shall establish a research, development, demonstration, commercialization, and deployment program for purposes of commercialization to improve the efficiency, increase the durability, and reduce the cost of producing clean hydrogen using electrolyzers.

#### (c) Goals

The goals of the program are—

(1) to reduce the cost of hydrogen produced using electrolyzers to less than $2 per kilogram of hydrogen by 2026; and

(2) any other goals the Secretary determines are appropriate.

#### (d) Demonstration projects

In carrying out the program, the Secretary shall fund demonstration projects—

(1) to demonstrate technologies that produce clean hydrogen using electrolyzers; and

(2) to validate information on the cost, efficiency, durability, and feasibility of commercial deployment of the technologies described in paragraph (1).

#### (e) Focus

The program shall focus on research relating to, and the development, demonstration, and deployment of—

(1) low-temperature electrolyzers, including liquid-alkaline electrolyzers, membrane-based electrolyzers, and other advanced electrolyzers, capable of converting intermittent sources of electric power to clean hydrogen with enhanced efficiency and durability;

(2) high-temperature electrolyzers that combine electricity and heat to improve the efficiency of clean hydrogen production;

(3) advanced reversible fuel cells that combine the functionality of an electrolyzer and a fuel cell;

(4) new highly active, selective, and durable electrolyzer catalysts and electro-catalysts that—

(A) greatly reduce or eliminate the need for platinum group metals; and

(B) enable electrolysis of complex mixtures with impurities, including seawater;

(5) modular electrolyzers for distributed energy systems and the bulk-power system (as defined in section 824o(a) of title 16);

(6) low-cost membranes or electrolytes and separation materials that are durable in the presence of impurities or seawater;

(7) improved component design and material integration, including with respect to electrodes, porous transport layers and bipolar plates, and balance-of-system components, to allow for scale-up and domestic manufacturing of electrolyzers at a high volume;

(8) clean hydrogen storage technologies;

(9) technologies that integrate hydrogen production with—

(A) clean hydrogen compression and drying technologies;

(B) clean hydrogen storage; and

(C) transportation or stationary systems; and

(10) integrated systems that combine hydrogen production with renewable power or nuclear power generation technologies, including hybrid systems with hydrogen storage.

#### (f) Grants, contracts, cooperative agreements

#### (1) Grants

In carrying out the program, the Secretary shall award grants, on a competitive basis, to eligible entities for projects that the Secretary determines would provide the greatest progress toward achieving the goal of the program described in subsection (c).

#### (2) Contracts and cooperative agreements

In carrying out the program, the Secretary may enter into contracts and cooperative agreements with eligible entities and Federal agencies for projects that the Secretary determines would further the purpose of the program described in subsection (b).

#### (3) Eligibility; applications

#### (A) In general

The eligibility of an entity to receive a grant under paragraph (1), to enter into a contract or cooperative agreement under paragraph (2), or to receive funding for a demonstration project under subsection (d) shall be determined by the Secretary.

#### (B) Applications

An eligible entity desiring to receive a grant under paragraph (1), to enter into a contract or cooperative agreement under paragraph (2), or to receive funding for a demonstration project under subsection (d) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

#### (g) Authorization of appropriations

There is authorized to be appropriated to the Secretary to carry out the program $1,000,000,000 for the period of fiscal years 2022 through 2026, to remain available until expended.

(Pub. L. 109–58, title VIII, §816, as added Pub. L. 117–58, div. D, title III, §40314(2), Nov. 15, 2021, 135 Stat. 1013.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 816 of Pub. L. 109–58 was renumbered section 821 and is classified to section 16165 of this title.

#### **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 authority of Secretary of Labor, see section 18851 of this title.