SEC. 2. HEAVY-DUTY FUEL CELL VEHICLE DEMONSTRA-
TION PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) COMMERCIAL MOTOR VEHICLE.—The term 
‘‘commercial motor vehicle’’ means a self-propelled 
vehicle used on highways in commerce principally to 
transport passengers or cargo, if the vehicle has a 
gross vehicle weight rating or gross vehicle weight of 
at least 26,001 pounds, whichever is greater, or is 
designed to transport more than 10 passengers, in-
cluding the driver. 
(2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means an entity described in subsection (b)(2). 
(3) FLEET.—The term ‘‘fleet’’ means the num-
ber of commercial motor vehicles owned and oper-
ated by an entity. 
(4) HEAVY-DUTY FUEL CELL VEHICLE.— 
(A) IN GENERAL.—The term ‘‘heavy-duty 
fuel cell vehicle’’ means a vehicle that— 
(i) has a manufacturer gross vehicle 
weight rating of more than 26,000 pounds, 
as determined by the Federal Highway Ad-
ministration; 
(ii) is not powered or charged by an 
internal combustion engine; and 
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(iii) is propelled solely by an electric 
motor that draws electricity from— 
(I) a fuel cell; or 
(II) a combination of a fuel cell 
and a battery. 
(B) INCLUSION.—The term ‘‘heavy-duty 
fuel cell vehicle’’ includes any off-road vehicle, 
such as a yard truck, that meets the require-
ments of subparagraph (A). 
(5) PROGRAM.—The term ‘‘program’’ means 
the program established under subsection (b)(1). 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
(b) ESTABLISHMENT.— 
(1) IN GENERAL.—The Secretary, in consulta-
tion with the Secretary of Energy, shall establish a 
program under which the Secretary shall provide 
grants to eligible entities to assist the eligible enti-
ties in funding capital projects to purchase heavy- 
duty fuel cell vehicles and related equipment, includ-
ing hydrogen fueling stations. 
(2) ELIGIBLE ENTITIES.—To be eligible to re-
ceive a grant under the program, an entity shall 
be— 
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(A) a private heavy-duty truck fleet owner 
with high duty cycle or long-haul operations; 
(B) an operator with a ‘‘return to base’’ 
mode that requires refueling primarily at a sin-
gle station, including an airport, a delivery 
warehouse, and a shipping port; 
(C) a leasing firm; 
(D) an independent owner-operator; 
(E) a public hydrogen fueling station de-
veloper or operator; 
(F) a Federal, State, or local agency that 
owns, operates, leases, or otherwise controls a 
fleet of public vehicles; or 
(G) a partnership of 1 or more entities de-
scribed in subparagraphs (A) through (E). 
(3) APPLICATIONS.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), an eligible entity desiring a grant 
under the program shall submit to the Sec-
retary an application at such time, in such 
manner, and containing such information as the 
Secretary, in consultation with the Secretary of 
Energy, may require. 
(B) REQUIREMENT.—If an eligible entity 
desiring a grant under the program intends to 
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use the grant for only 1 of the uses described 
in subparagraphs (A) and (B) of subsection 
(d)(1), the eligible entity shall include in the 
application under subparagraph (A) a descrip-
tion of— 
(i) if the grant is to be used only for 
the use described in subparagraph (A) of 
subsection (d)(1), the availability of not 
fewer than 1 hydrogen fueling station that 
can be used by heavy-duty fuel cell vehi-
cles; 
(ii) if the grant is to be used only for 
the use described in subparagraph (B) of 
subsection (d)(1), the availability of not 
fewer than 7 heavy-duty fuel cell vehicles 
that— 
(I) use hydrogen as a fuel source; 
and 
(II) will use 1 or more hydrogen 
fueling stations demonstrated using 
the grant; and 
(iii) the means by which the project of 
the eligible entity will expand the demand 
for and use of any existing infrastructure. 
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(4) CRITERIA.—In selecting eligible entities to 
receive grants under the program, the Secretary, in 
consultation with the Secretary of Energy, shall— 
(A) take into account whether the eligible 
entity has the potential to expand the use of hy-
drogen demonstrated by the eligible entity using 
the grant to other applications within the region 
in which the eligible entity operates; and 
(B) to the maximum extent practicable— 
(i) select eligible entities operating in 
different regions of the United States— 
(I) to demonstrate different types 
of fleet operations, such as fleet oper-
ations with differing local hydrogen 
supplies, climate conditions, route 
lengths and geographies, and sizes of 
vehicles; and 
(II) to identify any differences in 
performance demonstrated by the 
heavy-duty fuel cell vehicles used by 
the eligible entity that are due to re-
gional characteristics; 
(ii) select eligible entities that intend 
to use the grant for both of the uses de-
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scribed in subparagraphs (A) and (B) of 
subsection (d)(1); and 
(iii) select projects that will generate 
the greatest benefit to low-income or dis-
advantaged communities (including cities, 
towns, counties, and reasonably isolated 
and divisible segments of a larger munici-
pality) 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 lo-
cated, according to the most recent decen-
nial census. 
(5) PRIORITY.—In applying the criteria de-
scribed in paragraph (4), the Secretary, in consulta-
tion with the Secretary of Energy, shall prioritize se-
lecting— 
(A) projects that will provide greater net 
impact in avoiding or reducing emissions of 
greenhouse gases; 
(B) projects for which each applicable hy-
drogen fueling station is open to the public; and 
(C) eligible entities that provide greater 
than 20 percent cost share. 
(c) GOALS.—The goals of the program shall be— 
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(1) to demonstrate the performance and reli-
ability of heavy-duty fuel cell vehicles in different re-
gions of the United States; 
(2) to provide a basis for relevant cost evalua-
tions and cost reductions; and 
(3) to accelerate the market deployment of 
heavy-duty fuel cell vehicles. 
(d) USE OF GRANT FUNDS.— 
(1) IN GENERAL.—An eligible entity that re-
ceives a grant under the program shall use the grant 
to demonstrate the performance of— 
(A) not fewer than 7 heavy-duty fuel cell 
vehicles that use hydrogen as fuel source; or 
(B) 1 or more hydrogen fueling stations 
for use by heavy-duty fuel cell vehicles. 
(2) ELIGIBLE COSTS.—An eligible entity that 
receives a grant under the program may use the 
grant for the following costs: 
(A) The capital costs of— 
(i) the heavy-duty fuel cell vehicles de-
scribed in paragraph (1)(A), subject to 
paragraph (4); or 
(ii) constructing a station described in 
paragraph (1)(B). 
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(B) The costs, such as costs associated 
with the cost of labor, complying with mainte-
nance requirements, and administration of the 
program, of operating— 
(i) the heavy-duty fuel cell vehicles de-
scribed in paragraph (1)(A); or 
(ii) a station described in paragraph 
(1)(B). 
(C) Overhead expenses. 
(D) The costs of training personnel to en-
sure safety and best practices during construc-
tion, fueling and refueling, maintenance, and 
upkeep, as applicable, of— 
(i) the heavy-duty fuel cell vehicles de-
scribed in paragraph (1)(A); or 
(ii) a station described in paragraph 
(1)(B). 
(E) The costs of complying with— 
(i) the requirements of subsection (g); 
and 
(ii) any reporting requirements under 
subsection (h). 
(3) PROJECT
LOCATIONS.—A project carried 
out with a grant provided under the program may 
be carried out on any public road or in other pub-
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licly accessible locations, such as parking facilities at 
public buildings, public schools, and public parks, or 
in publicly accessible parking facilities owned or 
managed by a private entity. 
(4) OPERATION.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), an eligible entity that re-
ceives a grant under the program for a use de-
scribed in subparagraph (A) or (B) of para-
graph (1) may determine whether each applica-
ble hydrogen fueling station shall— 
(i) allow only private access; or 
(ii) be open to the public. 
(B) PUBLIC HYDROGEN FUELING STATION 
DEVELOPERS AND OPERATORS.—An eligible en-
tity described in subsection (b)(2)(E) that re-
ceives a grant under the program to be used 
only for the use described in paragraph (1)(B) 
shall make each applicable hydrogen fueling 
station described in that paragraph open to the 
public. 
(5) CAPITAL COSTS OF VEHICLES.—With re-
spect to the capital costs described in paragraph 
(2)(A)(i), the amount of grant funds used for those 
capital costs shall not exceed, with respect to each 
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heavy-duty fuel cell vehicle purchased by the eligible 
entity and used for the applicable project, the lesser 
of— 
(A) an amount equal to the difference be-
tween— 
(i) the cost of the heavy-duty fuel cell 
vehicle; and 
(ii) the product obtained by multi-
plying— 
(I) the cost of a comparable 
gasoline- or diesel-fueled vehicle; and 
(II) 0.5; and 
(B) $500,000. 
(e) AMOUNT OF GRANT.—The amount of a grant 
provided by the Secretary under the program shall be not 
more than $20,000,000. 
(f) COST SHARING.—The non-Federal share of the 
cost of a project carried out using a grant under the pro-
gram shall be not less than 20 percent. 
(g) LEAK DETECTION.—Each eligible entity that re-
ceives a grant under the program shall conduct— 
(1) a hydrogen leakage monitoring, reporting, 
and verification (also known as ‘‘MRV’’) program; 
and 
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(2) a hydrogen leak detection and repair (also 
known as ‘‘LDAR’’) program. 
(h) REPORTING.— 
(1) IN GENERAL.—An eligible entity that re-
ceives a grant under the program shall submit to the 
Secretary such operational data relating to eligible 
costs described in subsection (d)(2) as the Secretary, 
in consultation with the Secretary of Energy, may 
require to accelerate market deployment of heavy- 
duty fuel cell vehicles that use hydrogen as a fuel 
source. 
(2) REQUIREMENT.—The operational data re-
quired by the Secretary under paragraph (1) shall 
include, at a minimum, data relating to— 
(A) operational expenses; 
(B) fuel use; and 
(C) reliability. 
(3) SYSTEM.—The Secretary, in consultation 
with the Secretary of Energy, shall develop a system 
for data reporting and data sharing that allows simi-
lar fleet and fueling station operators to evaluate the 
performance of the program. 
(i) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry 
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out the program $200,000,000 for fiscal years 2024 
through 2028. 
Æ 
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