II 

118TH CONGRESS 

1ST SESSION S. 648 

To require the Secretary of Transportation, in consultation with the Secretary 

of Energy, to establish a grant program to demonstrate the performance 

and reliability of heavy-duty fuel cell vehicles that use hydrogen as 

a fuel source, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 2, 2023 

Mr. COONS (for himself, Mr. CORNYN, Mr. HICKENLOOPER, Mr. CASSIDY, and 

Mr. LUJA ́N) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To require the Secretary of Transportation, in consultation 

with the Secretary of Energy, to establish a grant program to demonstrate the performance and reliability of 

heavy-duty fuel cell vehicles that use hydrogen as a fuel 

source, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Hydrogen for Trucks 

5 Act of 2023’’. 


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1 SEC. 2. HEAVY-DUTY FUEL CELL VEHICLE DEMONSTRA2 TION PROGRAM. 

3 (a) DEFINITIONS.—In this section: 

4 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti5 ty’’ means an entity described in subsection (b)(2). 

6 (2) HEAVY-DUTY FUEL CELL VEHICLE.— 

7 (A) IN GENERAL.—The term ‘‘heavy-duty 

8 fuel cell vehicle’’ means a vehicle that— 

9 (i) has a manufacturer gross vehicle 

10 weight rating of more than 26,000 pounds, 

11 as determined by the Federal Highway Ad12 ministration; 

13 (ii) is not powered or charged by an 

14 internal combustion engine; and 

15 (iii) is propelled solely by an electric 

16 motor that draws electricity from— 

17 (I) a fuel cell; or 

18 (II) a combination of a fuel cell 

19 and a battery. 

20 (B) INCLUSION.—The term ‘‘heavy-duty 

21 fuel cell vehicle’’ includes any off-road vehicle, 

22 such as a yard truck, that meets the require23 ments of subparagraph (A). 

24 (3) PROGRAM.—The term ‘‘program’’ means 

25 the program established under subsection (b)(1). 


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1 (4) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Transportation. 

3 (b) ESTABLISHMENT.— 

4 (1) IN GENERAL.—Not later than 180 days 

5 after the date of enactment of this Act, the Sec6 retary, in consultation with the Secretary of Energy, 

7 shall establish a grant program under which the Sec8 retary shall provide grants to eligible entities to as9 sist the eligible entities in funding capital projects to 

10 purchase heavy-duty fuel cell vehicles and related 

11 equipment, including hydrogen fueling stations. 

12 (2) ELIGIBLE ENTITIES.—To be eligible to re13 ceive a grant under the program, an entity shall 

14 be— 

15 (A) a private heavy-duty truck fleet owner 

16 with high duty cycle or long-haul operations; 

17 (B) an operator with a ‘‘return to base’’ 

18 mode that requires refueling primarily at a sin19 gle station, including an airport, a delivery 

20 warehouse, and a shipping port; 

21 (C) a leasing firm; 

22 (D) an independent owner-operator; 

23 (E) a public hydrogen fueling station de24 veloper or operator; 


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1 (F) a Federal, State, or local agency that 

2 owns, operates, leases, or otherwise controls a 

3 fleet of public vehicles; or 

4 (G) a partnership of 1 or more entities de5 scribed in subparagraphs (A) through (E). 

6 (3) APPLICATIONS.— 

7 (A) IN GENERAL.—Subject to subpara8 graph (B), an eligible entity desiring a grant 

9 under the program shall submit to the Sec10 retary an application at such time, in such 

11 manner, and containing such information as the 

12 Secretary, in consultation with the Secretary of 

13 Energy, may require. 

14 (B) REQUIREMENT.—If an eligible entity 

15 desiring a grant under the program intends to 

16 use the grant for only 1 of the uses described 

17 in subparagraphs (A) and (B) of subsection 

18 (d)(1), the eligible entity shall include in the 

19 application under subparagraph (A) a descrip20 tion of— 

21 (i) if the grant is to be used only for 

22 the use described in subparagraph (A) of 

23 subsection (d)(1), the availability of not 

24 fewer than 1 hydrogen fueling station that 


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1 can be used by heavy-duty fuel cell vehi2 cles; 

3 (ii) if the grant is to be used only for 

4 the use described in subparagraph (B) of 

5 subsection (d)(1), the availability of not 

6 fewer than 7 heavy-duty fuel cell vehicles 

7 that— 

8 (I) use hydrogen as a fuel source; 

9 and 

10 (II) will use 1 or more hydrogen 

11 fueling stations demonstrated using 

12 the grant; and 

13 (iii) the means by which the project of 

14 the eligible entity will expand the demand 

15 for and use of any existing infrastructure. 

16 (4) CONSIDERATIONS.—In selecting eligible en17 tities to receive a grant under the program, the Sec18 retary, in consultation with the Secretary of Energy, 

19 shall— 

20 (A) take into account whether the eligible 

21 entity has the potential to expand the use of hy22 drogen demonstrated by the eligible entity using 

23 the grant to other applications within the region 

24 in which the eligible entity operates; and 

25 (B) to the maximum extent practicable— 


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1 (i) select eligible entities operating in 

2 different regions of the United States— 

3 (I) to demonstrate different types 

4 of fleet operations, such as fleet oper5 ations with differing local hydrogen 

6 supplies, climate conditions, route 

7 lengths and geographies, and sizes of 

8 vehicles; and 

9 (II) to identify any differences in 

10 performance demonstrated by the 

11 heavy-duty fuel cell vehicles used by 

12 the eligible entity that are due to re13 gional characteristics; 

14 (ii) select eligible entities that intend 

15 to use the grant for both of the uses de16 scribed in subparagraphs (A) and (B) of 

17 subsection (d)(1); and 

18 (iii) select projects that will generate 

19 the greatest benefit to low-income or dis20 advantaged communities (including cities, 

21 towns, counties, and reasonably isolated 

22 and divisible segments of a larger munici23 pality) with an annual median household 

24 income that is less than 100 percent of the 

25 statewide annual median household income 


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1 for the State in which the community is lo2 cated, according to the most recent decen3 nial census. 

4 (5) PRIORITY.—In selecting eligible entities to 

5 receive a grant under the program, the Secretary, in 

6 consultation with the Secretary of Energy, shall give 

7 priority to projects that will provide greater net im8 pact in avoiding or reducing emissions of greenhouse 

9 gases. 

10 (6) SPECIAL CONSIDERATION.—In selecting eli11 gible entities to receive a grant under the program, 

12 the Secretary, in consultation with the Secretary of 

13 Energy, shall give special consideration to— 

14 (A) if the grant is to be used for the use 

15 described in subsection (d)(1)(B), projects in 

16 which each applicable hydrogen fueling station 

17 is open to the public; or 

18 (B) eligible entities that provide greater 

19 than 20 percent cost share. 

20 (c) GOALS.—The goals of the program shall be— 

21 (1) to demonstrate the performance and reli22 ability of heavy-duty fuel cell vehicles in different re23 gions of the United States; 

24 (2) to provide a basis for relevant cost evalua25 tions and cost reductions; and 


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1 (3) to accelerate the market deployment of 

2 heavy-duty fuel cell vehicles. 

3 (d) USE OF GRANT FUNDS.— 

4 (1) IN GENERAL.—An eligible entity that re5 ceives a grant under the program shall use the grant 

6 to demonstrate the performance of— 

7 (A) not fewer than 7 heavy-duty fuel cell 

8 vehicles that use hydrogen as fuel source; or 

9 (B) 1 or more hydrogen fueling stations 

10 for use by heavy-duty fuel cell vehicles. 

11 (2) ELIGIBLE COSTS.—An eligible entity that 

12 receives a grant under the program may use the 

13 grant for the following costs: 

14 (A) The capital costs of— 

15 (i) the heavy-duty fuel cell vehicles de16 scribed in paragraph (1)(A), subject to 

17 paragraph (4); or 

18 (ii) a station described in paragraph 

19 (1)(B). 

20 (B) The costs, such as costs associated 

21 with labor, complying with maintenance re22 quirements, and grant administration, of oper23 ating— 

24 (i) the heavy-duty fuel cell vehicles de25 scribed in paragraph (1)(A); or 


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1 (ii) a station described in paragraph 

2 (1)(B). 

3 (C) Overhead costs. 

4 (D) The costs of training personnel to en5 sure safety and best practices during construc6 tion, fueling and refueling, maintenance, and 

7 upkeep, as applicable, of— 

8 (i) the heavy-duty fuel cell vehicles de9 scribed in paragraph (1)(A); or 

10 (ii) a station described in paragraph 

11 (1)(B). 

12 (E) The costs of complying with— 

13 (i) the requirements of subsection (g); 

14 and 

15 (ii) any reporting requirements under 

16 subsection (h). 

17 (3) OPERATION.— 

18 (A) IN GENERAL.—Except as provided in 

19 subparagraph (B), an eligible entity that re20 ceives a grant under the program for a use de21 scribed in subparagraph (A) or (B) of para22 graph (1) may determine whether each applica23 ble hydrogen fueling station shall— 

24 (i) allow only private access; or 

25 (ii) be open to the public. 


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1 (B) PUBLIC HYDROGEN FUELING STATION

2 DEVELOPERS AND OPERATORS.—An eligible en3 tity described in subsection (b)(2)(E) that re4 ceives a grant under the program to be used 

5 only for the use described in paragraph (1)(B) 

6 shall make each applicable hydrogen fueling 

7 station described in that paragraph open to the 

8 public. 

9 (4) CAPITAL COSTS OF VEHICLES.—With re10 spect to the capital costs described in paragraph 

11 (2)(A)(i), the amount of grant funds used for those 

12 capital costs shall not exceed, with respect to each 

13 heavy-duty fuel cell vehicle purchased by the eligible 

14 entity and used for the applicable project, the lesser 

15 of— 

16 (A) an amount equal to the difference be17 tween— 

18 (i) the cost of the heavy-duty fuel cell 

19 vehicle; and 

20 (ii) the product obtained by multi21 plying— 

22 (I) the cost of a comparable 

23 gasoline- or diesel-fueled vehicle; and 

24 (II) 0.5; and 

25 (B) $500,000. 


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1 (e) AMOUNT OF A GRANT.—The amount of a grant 

2 provided by the Secretary under the program shall be not 

3 more than $20,000,000. 

4 (f) COST SHARING.—The non-Federal share of the 

5 cost of a project carried out using a grant under the pro6 gram shall be not less than 20 percent. 

7 (g) LEAK DETECTION.—Each eligible entity that re8 ceives a grant under the program shall conduct— 

9 (1) a hydrogen leakage monitoring, reporting, 

10 and verification (also known as ‘‘MRV’’) program; 

11 and 

12 (2) a hydrogen leak detection and repair (also 

13 known as ‘‘LDAR’’) program. 

14 (h) REPORTING.— 

15 (1) IN GENERAL.—An eligible entity that re16 ceives a grant under the program shall submit to the 

17 Secretary such operational data relating to eligible 

18 costs described in subsection (d)(2) as the Secretary, 

19 in consultation with the Secretary of Energy, may 

20 require to accelerate market deployment of heavy21 duty fuel cell vehicles that use hydrogen as a fuel 

22 source. 

23 (2) REQUIREMENT.—The operational data re24 quired by the Secretary under paragraph (1) shall 

25 include, at a minimum, data relating to— 


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1 (A) operational expenses; 

2 (B) fuel use; and 

3 (C) reliability. 

4 (3) SYSTEM.—The Secretary, in consultation 

5 with the Secretary of Energy, shall develop a system 

6 for data reporting and data sharing that allows simi7 lar fleet and fueling station operators to evaluate the 

8 performance of the program. 

9 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to the Secretary to carry 

11 out the program $200,000,000 for the period of fiscal 

12 years 2024 through 2028. 

Æ 


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