Hydrogen for Ports Act of 2023

Subjects: Energy


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 647 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 S. 647

To require the Secretary of Transportation to establish a grant program 
 to support the use of hydrogen- or ammonia-fueled equipment at ports 
and to require the Secretary of the department in which the Coast Guard 
is operating to conduct a study, together with the Secretary of Energy 
  and the Secretary of Transportation, regarding the feasibility and 
safety of using hydrogen and ammonia as fuels in maritime applications.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 2, 2023

Mr. Cornyn (for himself, Mr. Coons, Mr. Cassidy, Mr. Hickenlooper, Ms. 
Murkowski, Mr. Heinrich, and Mr. Lujan) 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 to establish a grant program 
 to support the use of hydrogen- or ammonia-fueled equipment at ports 
and to require the Secretary of the department in which the Coast Guard 
is operating to conduct a study, together with the Secretary of Energy 
  and the Secretary of Transportation, regarding the feasibility and 
safety of using hydrogen and ammonia as fuels in maritime applications.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hydrogen for Ports Act of 2023''.

SEC. 2. MARITIME FUEL MODERNIZATION GRANT PROGRAM.

    (a) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means an 
        entity described in subsection (d).
            (2) Eligible fuel.--The term ``eligible fuel'' means--
                    (A) hydrogen; or
                    (B) ammonia.
            (3) Low-income or disadvantaged community.--The term ``low-
        income or disadvantaged community'' means a community 
        (including a city, a town, a county, and any reasonably 
        isolated and divisible segment of a larger municipality) with 
        an annual median household income that is less than 100 percent 
        of the statewide annual median household income for the State 
        in which the community is located, according to the most recent 
        decennial census.
            (4) Program.--The term ``program'' means the program 
        established under subsection (b).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (6) Tribal government.--The term ``Tribal government'' 
        means the recognized governing body of any Indian or Alaska 
        Native Tribe, band, nation, pueblo, village, community, 
        component band, or component reservation, individually 
        identified (including parenthetically) on the list published 
        most recently as of the date of enactment of this Act pursuant 
        to section 104 of the Federally Recognized Indian Tribe List 
        Act of 1994 (25 U.S.C. 5131).
    (b) Establishment of Program.--Not later than 180 days after the 
date of enactment of this Act, the Secretary, in coordination with the 
Secretary of Energy, shall establish a program under which the 
Secretary shall provide grants, on a competitive basis, to eligible 
entities for--
            (1) the purchase, installation, planning, design, or 
        construction of, as appropriate--
                    (A) fuel cell cargo-handling equipment that uses an 
                eligible fuel;
                    (B) fuel cell drayage or long-haul trucks that--
                            (i) use an eligible fuel; and
                            (ii) are for use at ports;
                    (C) fuel cell ferries, tugboats, dredging vessels, 
                container ships, bulk carriers, fuel tankers, 
                commercial fishing vessels, cruise ships, or other 
                marine vessels that use an eligible fuel;
                    (D) fuel cell locomotives that--
                            (i) use an eligible fuel; and
                            (ii) are for use at ports;
                    (E) fuel cell shore power systems that--
                            (i) use an eligible fuel; and
                            (ii) are used for ships while docked at 
                        port;
                    (F) onsite fuel cell power plants that--
                            (i) use an eligible fuel; and
                            (ii) are located at port facilities; or
                    (G) port infrastructure for establishing or 
                expanding the supply of eligible fuel for import, 
                export, storage, bunkering, or fueling; and
            (2) the training of ship crew and shore personnel--
                    (A) to safely handle eligible fuel; and
                    (B) to perform operation and maintenance on 
                equipment that uses an eligible fuel.
    (c) Goals.--The goals of the program shall be--
            (1) to demonstrate hydrogen, ammonia, or fuel cell 
        technologies in maritime and associated logistics applications;
            (2) to assist in the development and validation of 
        technical targets for hydrogen, ammonia, and fuel cell systems 
        for maritime and associated logistics applications;
            (3) to benchmark the conditions required for broad 
        commercialization of hydrogen, ammonia, and fuel cell 
        technologies in maritime and associated logistics applications;
            (4) to assess the operational and technical considerations 
        for--
                    (A) installing, constructing, and using hydrogen- 
                or ammonia-fueled equipment; and
                    (B) supporting infrastructure at ports; and
            (5) to reduce greenhouse gas emissions and improve air 
        quality in areas located in and around ports.
    (d) Eligible Entities.--
            (1) In general.--An entity eligible to receive a grant 
        under the program is--
                    (A) a State;
                    (B) a political subdivision of a State;
                    (C) a local government;
                    (D) a public agency or publicly chartered authority 
                established by 1 or more States;
                    (E) a special purpose district with a 
                transportation function;
                    (F) a Tribal government or a consortium of Tribal 
                governments;
                    (G) a port authority for a port;
                    (H) an Alaska Native or Native Hawaiian entity that 
                has jurisdiction over a port authority or a port;
                    (I) a multistate or multijurisdictional group of 
                entities described in any of subparagraphs (A) through 
                (H); or
                    (J) subject to paragraph (2), a private entity or 
                group of private entities, including the owners or 
                operators of 1 or more facilities at a port.
            (2) Joint eligibility with private entities.--A private 
        entity or group of private entities is eligible for a grant 
        under the program if--
                    (A) the private entity or group of private entities 
                partners with an entity described in any of 
                subparagraphs (A) through (I) of paragraph (1) for 
                purposes of applying for, and carrying out activities 
                under, the grant; and
                    (B) the entity described in the applicable 
                subparagraph of paragraph (1) is the lead entity with 
                respect to the application and those activities.
    (e) Applications.--
            (1) In general.--An eligible entity desiring a grant under 
        the program shall submit to the Secretary an application at 
        such time, in such manner, and containing such information as 
        the Secretary may require.
            (2) Requirement.--The application of an eligible entity 
        described in subparagraph (J) of subsection (d)(1) shall be 
        submitted jointly with an entity described in subparagraphs (A) 
        through (I) of that subsection.
    (f) Considerations.--In providing grants under the program, the 
Secretary, to the maximum extent practicable, shall select projects 
that--
            (1) will generate the greatest benefit to low-income or 
        disadvantaged communities;
            (2) represent a combination of land-side and vessel-side 
        end-uses of eligible fuel;
            (3) maximize the creation or retention of jobs in the 
        United States; and
            (4) provide the highest job quality.
    (g) Priority.--In selecting eligible entities to receive grants 
under the program, the Secretary shall give priority to projects that 
will provide greater net impact in avoiding or reducing emissions of 
greenhouse gases.
    (h) Leak Detection.--Each eligible entity that receives a grant 
under the program shall conduct--
            (1) a hydrogen leakage monitoring, reporting, and 
        verification (also known as ``MRV'') program for all eligible 
        fuel used by the eligible entity; and
            (2) a hydrogen leak detection and repair (also known as 
        ``LDAR'') program for all eligible fuel used by the eligible 
        entity.
    (i) Funding.--
            (1) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out the program 
        $100,000,000 for each of fiscal years 2024 through 2028.
            (2) Human-operated equipment requirement.--In carrying out 
        the program, the Secretary shall ensure that funding is made 
        available for each fiscal year for cargo-handling equipment 
        that uses an eligible fuel and is human-operated.

SEC. 3. STUDY ON FEASIBILITY AND SAFETY OF USING HYDROGEN AND AMMONIA 
              AS FUELS IN MARITIME APPLICATIONS.

    (a) In General.--Not later than 270 days after the date of 
enactment of this Act, the Secretary of the department in which the 
Coast Guard is operating, in consultation with the Secretary of Energy, 
the Secretary of Transportation, and the heads of other Federal 
departments and agencies, as appropriate, shall conduct, and submit to 
the Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastructure of the House of 
Representatives a report describing the results of, a study--
            (1) to fully address the challenges to ensure the safe use 
        and handling of hydrogen, ammonia, and other hydrogen-based 
        fuels on vessels and in ports;
            (2) to identify, compare, and evaluate the feasibility of, 
        the safety, environmental, and health impacts of, and best 
        practices with respect to, the use of hydrogen-derived fuels, 
        including ammonia, as a shipping fuel;
            (3) to identify and evaluate considerations for hydrogen 
        and ammonia storage, including--
                    (A) at ports;
                    (B) on board vessels; and
                    (C) for subsea hydrogen storage; and
            (4) to assess the cost and value of a hydrogen or ammonia 
        strategic reserve, either as a new facility or as a 
        modification to the Strategic Petroleum Reserve established 
        under part B of title I of the Energy Policy and Conservation 
        Act (42 U.S.C. 6231 et seq.).
    (b) Requirements.--In carrying out subsection (a), the Secretary of 
the department in which the Coast Guard is operating shall--
            (1) consult with entities in the private sector with 
        experience in the hydrogen or ammonia industry;
            (2) take into account lessons learned from demonstration 
        projects in other industries, including--
                    (A) projects carried out in the United States;
                    (B) projects carried out in other countries; and
                    (C) projects relating to the automotive industry, 
                buses, petroleum refining, chemical production, 
                fertilizer production, and stationary power; and
            (3) evaluate the applicability of the lessons described in 
        paragraph (2) to the use of hydrogen in maritime and associated 
        logistics applications.
                                 &lt;all&gt;
</pre></body></html>