169
(b) MEMBERSHIP.—
(1) MEMBERS.—The Advisory Committee is com-
prised of not fewer than 12 nor more than 25 mem-
bers. These members shall be appointed by the Sec-
retary to represent domestic industry, academia, pro-
fessional societies, government agencies, and finan-
cial, environmental, and other appropriate organiza-
tions based on the Department’s assessment of the 
technical and other qualifications of committee mem-
bers and the needs of the Advisory Committee. 
(2) TERMS.—The term of a member of the Advi-
sory Committee shall not be more than 3 years. The 
Secretary may appoint members of the Advisory 
Committee in a manner that allows the terms of the 
members serving at any time to expire at spaced in-
tervals so as to ensure continuity in the functioning 
of the Advisory Committee. A member of the Advisory 
Committee whose term is expiring may be re-
appointed. 
(3) CHAIRPERSON.—The Advisory Committee 
shall have a chairperson, who is elected by the mem-
bers from among their number. 
(c) REVIEW.—The Advisory Committee shall review 
and make recommendations to the Secretary on—
170
(1) the implementation of programs and activi-
ties under this subtitle; 
(2) the safety, economical, and environmental 
consequences of technologies for the production, dis-
tribution, delivery, storage, or use of hydrogen energy 
and fuel cells; and 
(3) the interagency coordination plan under sec-
tion 5023(a) of this Act. 
(d) RESPONSE
TO RECOMMENDATIONS.—The Sec-
retary shall consider, but need not adopt, any recommenda-
tions of the Advisory Committee under subsection (c). 
(e) ADVISORY COMMITTEE SUPPORT.—The Secretary 
shall provide resources necessary in the judgment of the Sec-
retary for the Advisory Committee to carry out its respon-
sibilities under this subtitle. 
SEC. 5029. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out 
the purposes of this subtitle including programs for light 
duty vehicles, in addition to any amounts made available 
for these purposes under other Acts—
(1) $273,500,000 for fiscal year 2004; 
(2) $325,000,000 for fiscal year 2005; 
(3) $375,000,000 for fiscal year 2006; 
(4) $400,000,000 for fiscal year 2007; and 
(5) $425,000,000 for fiscal year 2008.
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SEC. 5030. FUEL CELL PROGRAM AT NATIONAL PARKS. 
The Secretary of Energy, in cooperation with the Sec-
retary of Interior and the National Park Service, is author-
ized to establish a program to provide matching funds to 
assist in the deployment of fuel cells at one or more promi-
nent National Parks. The Secretary of Energy shall trans-
mit to Congress within 1 year, and annually thereafter, a 
report describing any activities taken pursuant to such pro-
gram. The report shall address whether activities taken pur-
suant to such program reduce the environmental impacts 
of energy use at National Parks. There are authorized to 
be appropriated $2,000,000 for each of fiscal years 2004 
through 2010 to carry out the purposes of this section. 
SEC. 5030A. ADVANCED POWER SYSTEM TECHNOLOGY IN-
CENTIVE PROGRAM. 
(a) PROGRAM.—The Secretary of Energy is authorized 
to establish an Advanced Power System Technology Incen-
tive Program to support the deployment of certain advanced 
power system technologies and to improve and protect cer-
tain critical governmental, industrial, and commercial 
processes. Funds provided under this section shall be used 
by the Secretary to make incentive payments to eligible 
owners or operators of advanced power system technologies 
to increase power generation through enhanced operational, 
economic, and environmental performance. Payments under 
this section may only be made upon receipt by the Secretary
172
of an incentive payment application establishing an appli-
cant as either—
(1) a qualifying advanced power system tech-
nology facility; or 
(2) a qualifying security and assured power fa-
cility. 
(b) INCENTIVES.—Subject to availability of funds, a 
payment of 1.8 cents per kilowatt-hour shall be paid to the 
owner or operator of a qualifying advanced power system 
technology facility under this section for electricity gen-
erated at such facility. An additional 0.7 cents per kilowatt-
hour shall be paid to the owner or operator of a qualifying 
security and assured power facility for electricity generated 
at such facility. Any facility qualifying under this section 
shall be eligible for an incentive payment for up to, but 
not more than, the first 10,000,000 kilowatt-hours produced 
in any fiscal year. 
(c) ELIGIBILITY.—For purposes of this section—
(1) the term ‘‘qualifying advanced power system 
technology facility’’ means a facility using an ad-
vanced fuel cell, turbine, or hybrid power system or 
power storage system to generate or store electric en-
ergy; and 
(2) the term ‘‘qualifying security and assured 
power facility’’ means a qualifying advanced power
173
system technology facility determined by the Sec-
retary of Energy, in consultation with the Secretary 
of Homeland Security, to be in critical need of secure, 
reliable, rapidly available, high-quality power for 
critical governmental, industrial, or commercial ap-
plications. 
(d) AUTHORIZATION.—There are authorized to be ap-
propriated to the Secretary of Energy for the purposes of 
this section, $10,000,000 for each of the fiscal years 2004 
through 2010.
Subtitle C—Clean School Buses 
SEC. 5031. ESTABLISHMENT OF PILOT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Energy, in 
consultation with the Secretary of Transportation and the 
Administrator of the Environmental Protection Agency, 
shall establish a pilot program for awarding grants on a 
competitive basis to eligible entities for the acquisition of 
alternative fuel school buses and ultra-low sulfur diesel 
school buses. 
(b) REQUIREMENTS.—Not later than 3 months after 
the date of the enactment of this Act, the Secretary shall 
establish and publish in the Federal register grant require-
ments on eligibility for assistance, and on implementation 
of the program established under subsection (a), including
174
certification requirements to ensure compliance with this 
subtitle. 
(c) SOLICITATION.—Not later than 6 months after the 
date of the enactment of this Act, the Secretary shall solicit 
proposals for grants under this section. 
(d) ELIGIBLE RECIPIENTS.—A grant shall be awarded 
under this section only—
(1) to a local or State governmental entity re-
sponsible for providing school bus service to one or 
more public school systems or responsible for the pur-
chase of school buses; or 
(2) to a contracting entity that provides school 
bus service to one or more public school systems, if the 
grant application is submitted jointly with the school 
system or systems which the buses will serve. 
(e) TYPES OF GRANTS.—
(1) IN
GENERAL.—Grants under this section 
shall promote the conservation of energy and improve-
ment of public health and the environment by facili-
tating the acquisition of alternative fuel school buses 
and ultra-low sulfur diesel school buses in lieu of 
buses manufactured before model year 1977 and die-
sel-powered buses manufactured before model year 
1991.
175
(2) NO ECONOMIC BENEFIT.—Other than the re-
ceipt of the grant, a recipient of a grant under this 
section may not receive any economic benefit in con-
nection with the receipt of the grant. 
(3) PRIORITY
OF
GRANT
APPLICATIONS.—The 
Secretary shall give priority to awarding grants to 
applicants who will utilize grants to replace buses 
manufactured before model year 1977. 
(f) CONDITIONS OF GRANT.—A grant provided under 
this section shall include the following conditions: 
(1) All buses acquired with funds provided under 
the grant shall be operated as part of the school bus 
fleet for which the grant was made for a minimum 
of 5 years. 
(2) Funds provided under the grant may only be 
used—
(A) to pay the cost, except as provided in 
paragraph (3), of new alternative fuel school 
buses or ultra-low sulfur diesel school buses, in-
cluding State taxes and contract fees; and 
(B) to provide—
(i) up to 10 percent of the price of the 
alternative fuel buses acquired, for necessary 
alternative fuel infrastructure if the infra-
176
structure will only be available to the grant 
recipient; and 
(ii) up to 15 percent of the price of the 
alternative fuel buses acquired, for necessary 
alternative fuel infrastructure if the infra-
structure will be available to the grant re-
cipient and to other bus fleets. 
(3) The grant recipient shall be required to pro-
vide at least the lesser of 15 percent of the total cost 
of each bus received or $15,000 per bus. 
(4) In the case of a grant recipient receiving a 
grant to demonstrate ultra-low sulfur diesel school 
buses, the grant recipient shall be required to provide 
documentation to the satisfaction of the Secretary 
that diesel fuel containing sulfur at not more than 15 
parts per million is available for carrying out the 
purposes of the grant, and a commitment by the ap-
plicant to use such fuel in carrying out the purposes 
of the grant. 
(g) BUSES.—Funding under a grant made under this 
section may be used to facilitate the use only of new alter-
native fuel school buses or ultra-low sulfur diesel school 
buses—
(1) with a gross vehicle weight of greater than 
14,000 pounds;
177
(2) that are powered by a heavy duty engine; 
(3) that, in the case of alternative fuel school 
buses, emit not more than—
(A) for buses manufactured in model year 
2002, 2.5 grams per brake horsepower-hour of 
nonmethane hydrocarbons and oxides of nitrogen 
and .01 grams per brake horsepower-hour of par-
ticulate matter; and 
(B) for buses manufactured in model years 
2003 through 2006, 1.8 grams per brake horse-
power-hour of nonmethane hydrocarbons and ox-
ides of nitrogen and .01 grams per brake horse-
power-hour of particulate matter; and 
(4) that, in the case of ultra-low sulfur diesel 
school buses, emit not more than—
(A) for buses manufactured in model years 
2002 through 2003, 3.0 grams per brake horse-
power-hour of oxides of nitrogen and .01 grams 
per brake horsepower-hour of particulate matter; 
and 
(B) for buses manufactured in model years 
2004 through 2006, 2.5 grams per brake horse-
power-hour of nonmethane hydrocarbons and ox-
ides of nitrogen and .01 grams per brake horse-
power-hour of particulate matter,
178
except that under no circumstances shall buses be ac-
quired under this section that emit nonmethane hy-
drocarbons, oxides of nitrogen, or particulate matter 
at a rate greater than the best performing technology 
of the same class of ultra-low sulfur diesel school buses 
commercially available at the time the grant is made. 
(h) DEPLOYMENT AND DISTRIBUTION.—The Secretary 
shall seek to the maximum extent practicable to achieve na-
tionwide deployment of alternative fuel school buses and 
ultra-low sulfur diesel school buses through the program 
under this section, and shall ensure a broad geographic dis-
tribution of grant awards, with a goal of no State receiving 
more than 10 percent of the grant funding made available 
under this section for a fiscal year. 
(i) LIMIT ON FUNDING.—The Secretary shall provide 
not less than 20 percent and not more than 25 percent of 
the grant funding made available under this section for any 
fiscal year for the acquisition of ultra-low sulfur diesel 
school buses. 
(j) REDUCTION OF SCHOOL BUS IDLING.—Each local 
educational agency (as defined in section 9101 of the Ele-
mentary and Secondary Education Act of 1965 (20 U.S.C. 
7801)) that receives Federal funds under the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6301 et 
seq.) is encouraged to develop a policy, consistent with the
179
health, safety, and welfare of students and the proper oper-
ation and maintenance of school buses, to reduce the inci-
dence of unnecessary school bus idling at schools when pick-
ing up and unloading students. 
(k) ANNUAL REPORT.—Not later than January 31 of 
each year, the Secretary of Energy shall provide a report 
evaluating implementation of the program under this sec-
tion to the Congress. Such report shall include the total 
number of grant applications received, the number and 
types of alternative fuel school buses and ultra-low sulfur 
diesel school buses requested in grant applications, a list 
of grants awarded and the criteria used to select the grant 
recipients, certified engine emission levels of all buses pur-
chased under the program, and any other information the 
Secretary considers appropriate. 
(l) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘alternative fuel school bus’’ means 
a school bus powered substantially by electricity (in-
cluding electricity supplied by a fuel cell), or by liq-
uefied natural gas, compressed natural gas, liquefied 
petroleum gas, hydrogen, propane, or methanol or eth-
anol at no less than 85 percent by volume; 
(2) the term ‘‘idling’’ means operating an engine 
while remaining stationary for more than approxi-
mately 3 minutes, except that such term does not
180
apply to routine stoppages associated with traffic 
movement or congestion; and 
(3) the term ‘‘ultra-low sulfur diesel school bus’’ 
means a school bus powered by diesel fuel which con-
tains sulfur at not more than 15 parts per million. 
SEC. 5032. FUEL CELL BUS DEVELOPMENT AND DEM-
ONSTRATION PROGRAM. 
(a) ESTABLISHMENT
OF PROGRAM.—The Secretary 
shall establish a program for entering into cooperative 
agreements with private sector fuel cell bus developers for 
the acquisition of fuel cell-powered school buses, and subse-
quently with not less than 2 units of local government using 
natural gas-powered school buses and such private sector 
fuel cell bus developers to facilitate the use of fuel cell-pow-
ered school buses. 
(b) COST SHARING.—The non-Federal contribution for 
activities funded under this section shall be not less than 
20 percent for fuel infrastructure development activities. 
(c) FUNDING.—No more than $25,000,000 of the 
amounts authorized under section 5033 may be used for 
carrying out this section for the period encompassing fiscal 
years 2003 through 2006. 
(d) REPORTS TO CONGRESS.—Not later than 3 years 
after the date of the enactment of this Act, and not later