II

107TH CONGRESS

1ST SESSION S. 1053

To reauthorize and amend the Spark M. Matsunaga Hydrogen Research,

Development, and Demonstration Act of 1990, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 14, 2001

Mr. HARKIN (for himself, Mr. AKAKA, Mr. BINGAMAN, Mr. MURKOWSKI, Mr.

REID, Mr. DOMENICI, Mr. KYL, Mr. BAYH, Mr. INOUYE, Mr.

LIEBERMAN, and Mr. JEFFORDS) introduced the following bill; which was

read twice and referred to the Committee on Energy and Natural Resources

A BILL

To reauthorize and amend the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of

1990, 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 Future Act

5 of 2001’’.

6 SEC. 2. PURPOSES.

7 Section 102(b) of the Spark M. Matsunaga Hydrogen

8 Research, Development, and Demonstration Act of 1990
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1 (42 U.S.C. 12401(b)) is amended by striking paragraphs

2 (2) and (3) and inserting the following:

3 ‘‘(2) to direct the Secretary to develop a pro4 gram of technology assessment, information trans5 fer, and education in which Federal agencies, mem6 bers of the transportation, energy, and other indus7 tries, and other entities may participate;

8 ‘‘(3) to develop methods of hydrogen production

9 that minimize production of greenhouse gases, in10 cluding developing—

11 ‘‘(A) efficient production from non-renew12 able resources; and

13 ‘‘(B) cost-effective production from renew14 able resources such as biomass, wind, and solar

15 energy; and

16 ‘‘(4) to foster the use of hydrogen as a major

17 energy source, including developing the use of hydro18 gen in—

19 ‘‘(A) isolated villages, islands, and commu20 nities in which other energy sources are not

21 available or are very expensive; and

22 ‘‘(B) foreign economic development, to

23 avoid environmental damage from increased fos24 sil fuel use.’’.
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1 SEC. 3. REPORT TO CONGRESS.

2 Section 103 of the Spark M. Matsunaga Hydrogen

3 Research, Development, and Demonstration Act of 1990

4 (42 U.S.C. 12402) is amended—

5 (1) in subsection (a), by striking ‘‘January 1,

6 1999,’’ and inserting ‘‘1 year after the date of enact7 ment of the Hydrogen Future Act of 2001, and each

8 year thereafter,’’;

9 (2) in subsection (b), by striking paragraphs

10 (1) and (2) and inserting the following:

11 ‘‘(1) an analysis of hydrogen-related activities

12 throughout the United States Government to iden13 tify productive areas for increased intragovernmental

14 collaboration;

15 ‘‘(2) recommendations of the Hydrogen Tech16 nical Advisory Panel established by section 108 for

17 any improvements in the program that are needed,

18 including recommendations for additional legislation;

19 and

20 ‘‘(3) to the extent practicable, an analysis of

21 State and local hydrogen-related activities.’’; and

22 (3) by adding at the end the following:

23 ‘‘(c) COORDINATION PLAN.—The report under sub24 section (a) shall be based on a comprehensive coordination

25 plan for hydrogen energy prepared by the Secretary in

26 consultation with other Federal agencies.’’.
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1 SEC. 4. HYDROGEN RESEARCH AND DEVELOPMENT.

2 Section 104 of the Spark M. Matsunaga Hydrogen

3 Research, Development, and Demonstration Act of 1990

4 (42 U.S.C. 12403) is amended—

5 (1) in subsection (b)(1), by striking ‘‘market6 place;’’ and inserting ‘‘marketplace, including foreign

7 markets, particularly where an energy infrastructure

8 is not well developed;’’;

9 (2) in subsection (e), by striking ‘‘this chapter’’

10 and inserting ‘‘this Act’’;

11 (3) by striking subsection (g) and inserting the

12 following:

13 ‘‘(g) COSTSHARING.—

14 ‘‘(1) INABILITY TO FUND ENTIRE COST.—The

15 Secretary shall not consider a proposal submitted by

16 a person from industry unless the proposal contains

17 a certification that—

18 ‘‘(A) reasonable efforts to obtain non-Fed19 eral funding in the amount necessary to pay

20 100 percent of the cost of the project have been

21 made; and

22 ‘‘(B) non-Federal funding in that amount

23 could not reasonably be obtained.

24 ‘‘(2) NON-FEDERAL SHARE.—

25 ‘‘(A) IN GENERAL.—The Secretary shall

26 require a commitment from non-Federal
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1 sources of at least 25 percent of the cost of the

2 project.

3 ‘‘(B) REDUCTION OR ELIMINATION.—The

4 Secretary may reduce or eliminate the cost5 sharing requirement under subparagraph (A)

6 for the proposed research and development

7 project, including for technical analyses, eco8 nomic analyses, outreach activities, and edu9 cational programs, if the Secretary determines

10 that reduction or elimination is necessary to

11 achieve the objectives of this Act.

12 (4) in subsection (i), by striking ‘‘this chapter’’

13 and inserting ‘‘this Act’’.

14 SEC. 5. DEMONSTRATIONS.

15 Section 105 of the Spark M. Matsunaga Hydrogen

16 Research, Development, and Demonstration Act of 1990

17 (42 U.S.C. 12404) is amended by striking subsection (c)

18 and inserting the following:

19 ‘‘(c) NON-FEDERAL SHARE.—

20 ‘‘(1) IN GENERAL.—Except as provided in para21 graph (2), the Secretary shall require a commitment

22 from non-Federal sources of at least 50 percent of

23 the costs directly relating to a demonstration project

24 under this section.
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1 ‘‘(2) REDUCTION.—The Secretary may reduce

2 the non-Federal requirement under paragraph (1) if

3 the Secretary determines that the reduction is ap4 propriate considering the technological risks involved

5 in the project and is necessary to meet the objectives

6 of this Act.’’.

7 SEC. 6. TECHNOLOGY TRANSFER.

8 Section 106 of the Spark M. Matsunaga Hydrogen

9 Research, Development, and Demonstration Act of 1990

10 (42 U.S.C. 12405) is amended—

11 (1) in subsection (a)—

12 (A) in the first sentence—

13 (i) by striking ‘‘The Secretary shall

14 conduct a program designed to accelerate

15 wider application’’ and inserting the fol16 lowing:

17 ‘‘(1) IN GENERAL.—The Secretary shall con18 duct a program designed to—

19 ‘‘(A) accelerate wider application’’; and

20 (ii) by striking ‘‘private sector’’ and

21 inserting ‘‘private sector; and

22 ‘‘(B) accelerate wider application of hydro23 gen technologies in foreign countries to increase

24 the global market for the technologies and fos-
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1 ter global economic development without harm2 ful environmental effects.’’; and

3 (B) in the second sentence, by striking

4 ‘‘The Secretary’’ and inserting the following:

5 ‘‘(2) ADVICE AND ASSISTANCE.—The Sec6 retary’’; and

7 (2) in subsection (b)—

8 (A) in paragraph (2), by redesignating

9 subparagraphs (A) through (D) as clauses (i)

10 through (iv), respectively, and indenting appro11 priately;

12 (B) by redesignating paragraphs (1) and

13 (2) as subparagraphs (A) and (B), respectively,

14 and indenting appropriately;

15 (C) by striking ‘‘The Secretary, in’’ and in16 serting the following:

17 ‘‘(1) IN GENERAL.—The Secretary, in’’;

18 (D) by striking ‘‘The information’’ and in19 serting the following:

20 ‘‘(2) ACTIVITIES.—The information’’; and

21 (E) in paragraph (1) (as designated by

22 subparagraph (C))—

23 (i) in subparagraph (A) (as redesig24 nated by subparagraph (B)), by striking
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1 ‘‘an inventory’’ and inserting ‘‘an update

2 of the inventory’’; and

3 (ii) in subparagraph (B) (as redesig4 nated by subparagraph (B)), by striking

5 ‘‘develop’’ and all that follows through ‘‘to

6 improve’’ and inserting ‘‘develop with the

7 National Aeronautics and Space Adminis8 tration, the Department of Energy, other

9 Federal agencies as appropriate, and in10 dustry, an information exchange program

11 to improve’’.

12 SEC. 7. TECHNICAL PANEL REVIEW.

13 (a) IN GENERAL.—Section 108 of the Spark M. Mat14 sunaga Hydrogen Research, Development, and Dem15 onstration Act of 1990 (42 U.S.C. 12407) is amended—

16 (1) in subsection (b)—

17 (A) by striking ‘‘(b) MEMBERSHIP.—The

18 technical panel shall be appointed’’ and insert19 ing the following:

20 ‘‘(b) MEMBERSHIP.—

21 ‘‘(1) IN GENERAL.—The technical panel shall

22 be comprised of not fewer than 9 nor more than 15

23 members appointed’’;

24 (B) by striking the second sentence and in25 serting the following:
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1 ‘‘(2) TERMS.—

2 ‘‘(A) IN GENERAL.—The term of a mem3 ber of the technical panel shall be not more

4 than 3 years.

5 ‘‘(B) STAGGERED TERMS.—The Secretary

6 may appoint members of the technical panel in

7 a manner that allows the terms of the members

8 serving at any time to expire at spaced intervals

9 so as to ensure continuity in the functioning of

10 the technical panel.

11 ‘‘(C) REAPPOINTMENT.—A member of the

12 technical panel whose term expires may be re13 appointed.’’; and

14 (C) by striking ‘‘The technical panel shall

15 have a chairman,’’ and inserting the following:

16 ‘‘(3) CHAIRPERSON.—The technical panel shall

17 have a chairperson,’’; and

18 (2) in subsection (d)—

19 (A) in the matter preceding paragraph (1),

20 by striking ‘‘the following items’’;

21 (B) in paragraph (1), by striking ‘‘and’’ at

22 the end;

23 (C) in paragraph (2), by striking the pe24 riod at the end and inserting ‘‘; and’’; and

25 (D) by adding at the end the following:
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1 ‘‘(3) the plan developed by the interagency task

2 force under section 202(b) of the Hydrogen Future

3 Act of 1996.’’.

4 (b) NEW APPOINTMENTS.—Not later than 180 days

5 after the date of enactment of this Act, the Secretary—

6 (1) shall review the membership composition of

7 the Hydrogen Technical Advisory Panel; and

8 (2) may appoint new members consistent with

9 the amendments made by subsection (a).

10 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

11 Section 109 of the Spark M. Matsunaga Hydrogen

12 Research, Development, and Demonstration Act of 1990

13 (42 U.S.C. 12408) is amended—

14 (1) in paragraph (8), by striking ‘‘and’’;

15 (2) in paragraph (9), by striking the period and

16 inserting a semicolon; and

17 (3) by adding at the end the following:

18 ‘‘(10) $60,000,000 for fiscal year 2002;

19 ‘‘(11) $65,000,000 for fiscal year 2003;

20 ‘‘(12) $70,000,000 for fiscal year 2004;

21 ‘‘(13) $75,000,000 for fiscal year 2005; and

22 ‘‘(14) $80,000,000 for fiscal year 2006.’’.

23 SEC. 9. FUEL CELLS.

24 (a) INTEGRATION OF FUEL CELLS WITH HYDROGEN

25 PRODUCTION SYSTEMS.—Section 201 of the Hydrogen
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1 Future Act of 1996 (42 U.S.C. 12403 note; Public Law

2 104–271) is amended—

3 (1) in subsection (a)—

4 (A) by striking ‘‘(a) Not later than 180

5 days after the date of enactment of this section,

6 and subject’’ and inserting ‘‘(a) IN GENERAL.—

7 Subject’’; and

8 (B) by striking ‘‘with—’’ and all that fol9 lows and inserting ‘‘into Federal, State, and

10 local government facilities for stationary and

11 transportation applications.’’;

12 (2) in subsection (b), by striking ‘‘gas is’’ and

13 inserting ‘‘basis’’;

14 (3) in subsection (c)(2), by striking ‘‘systems

15 described in subsections (a)(1) and (a)(2)’’ and in16 serting ‘‘projects proposed’’; and

17 (4) by striking subsection (d) and inserting the

18 following:

19 ‘‘(d) NON-FEDERAL SHARE.—

20 ‘‘(1) IN GENERAL.—Except as provided in para21 graph (2), the Secretary shall require a commitment

22 from non-Federal sources of at least 50 percent of

23 the costs directly relating to a demonstration project

24 under this section.
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1 ‘‘(2) REDUCTION.—The Secretary may reduce

2 the non-Federal requirement under paragraph (1) if

3 the Secretary determines that the reduction is ap4 propriate considering the technological risks involved

5 in the project and is necessary to meet the objectives

6 of this Act.’’.

7 (b) COOPERATIVE AND COST-SHARING AGREE8 MENTS; INTEGRATION OF TECHNICAL INFORMATION.—

9 Title II of the Hydrogen Future Act of 1996 (42 U.S.C.

10 12403 note; Public Law 104–271) is amended—

11 (1) by redesignating section 202 as section 205;

12 and

13 (2) by inserting after section 201 the following:

14 ‘‘SEC. 202. INTERAGENCY TASK FORCE.

15 ‘‘(a) ESTABLISHMENT.—Not later than 120 days

16 after the date of enactment of this section, the Secretary

17 shall establish an interagency task force led by a Deputy

18 Assistant Secretary of the Department of Energy and

19 comprised of representatives of—

20 ‘‘(1) the Office of Science and Technology Pol21 icy;

22 ‘‘(2) the Department of Transportation;

23 ‘‘(3) the Department of Defense;
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1 ‘‘(4) the Department of Commerce (including

2 the National Institute for Standards and Tech3 nology);

4 ‘‘(5) the Environmental Protection Agency;

5 ‘‘(6) the National Aeronautics and Space Ad6 ministration; and

7 ‘‘(7) other agencies as appropriate.

8 ‘‘(b) DUTIES.—

9 ‘‘(1) IN GENERAL.—The task force shall de10 velop a plan for carrying out this title.

11 ‘‘(2) FOCUS OF PLAN.—The plan shall focus on

12 development and demonstration of integrated sys13 tems and components for—

14 ‘‘(A) hydrogen production, storage, and

15 use in Federal, State, and local government

16 buildings and vehicles;

17 ‘‘(B) hydrogen-based infrastructure for

18 buses and other fleet transportation systems

19 that include zero-emission vehicles; and

20 ‘‘(C) hydrogen-based distributed power

21 generation, including the generation of com22 bined heat, power, and hydrogen.
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1 ‘‘SEC. 203. COOPERATIVE AND COST-SHARING AGREE2 MENTS.

3 ‘‘The Secretary shall enter into cooperative and cost4 sharing agreements with Federal, State, and local agencies

5 for participation by the agencies in demonstrations at fa6 cilities administered by the agencies, with the aim of inte7 grating high efficiency hydrogen systems using fuel cells

8 into the facilities to provide immediate benefits and pro9 mote a smooth transition to hydrogen as an energy source.

10 ‘‘SEC. 204. INTEGRATION AND DISSEMINATION OF TECH11 NICAL INFORMATION.

12 ‘‘The Secretary shall—

13 ‘‘(1) integrate all the technical information that

14 becomes available as a result of development and

15 demonstration projects under this title;

16 ‘‘(2) make the information available to all Fed17 eral and State agencies for dissemination to all in18 terested persons; and

19 ‘‘(3) foster the exchange of generic, nonpropri20 etary information and technology developed under

21 this title among industry, academia, and Federal,

22 State, and local governments, to help the United

23 States economy attain the economic benefits of the

24 information and technology.’’.

25 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

26 205 of the Hydrogen Future Act of 1996 (42 U.S.C.
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1 12403 note; Public Law 104–271) (as redesignated by

2 subsection (b)) is amended by striking ‘‘section’’ and all

3 that follows and inserting the following: ‘‘title—

4 ‘‘(1) $20,000,000 for fiscal year 2002;

5 ‘‘(2) $25,000,000 for fiscal year 2003;

6 ‘‘(3) $30,000,000 for fiscal year 2004;

7 ‘‘(4) $35,000,000 for fiscal year 2005; and

8 ‘‘(5) $40,000,000 for fiscal year 2006.’’.

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