I 
117TH CONGRESS 
2D SESSION 
H. R. 9018 
To require the Secretary of Energy to establish a hydrogen infrastructure 
finance and innovation pilot program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 28, 2022 
Mr. PETERS (for himself, Mr. FITZPATRICK, and Mr. MICHAEL F. DOYLE of 
Pennsylvania) introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees 
on Transportation and Infrastructure, and Science, Space, and Tech-
nology, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To require the Secretary of Energy to establish a hydrogen 
infrastructure finance and innovation pilot program, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Hydrogen Infrastruc-
ture Finance and Innovation Act’’. 
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SEC. 2. STUDY. 
Not later than 1 year after the date of enactment 
of this Act, the Secretary of Energy, in coordination with 
the Administrator of the Environmental Protection Agen-
cy, the Council on Environmental Quality, the Adminis-
trator of the Energy Information Administration, and the 
heads of other relevant Federal agencies, shall conduct a 
study subject to notice and public comment— 
(1) to fully assess and report the potential lay-
out of pipeline corridors that are robust against a 
range of projected hydrogen demand futures; 
(2) to synthesize the results from research, de-
velopment, and demonstration projects on materials 
and metallurgy for transporting and storing hydro-
gen and hydrogen-rich fuels; 
(3) to determine outstanding questions with re-
gard to research, development, and demonstration of 
infrastructure for transporting and storing hydrogen 
and hydrogen-rich fuels; 
(4) to investigate the behavior and environ-
mental impact of hydrogen leakage in pipelines and 
from geologic storage sites and nongeologic storage 
equipment; 
(5) to determine best practices for the construc-
tion and maintenance of hydrogen pipelines; 
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(6) to determine the percentage at which hydro-
gen must be blended into the natural gas network to 
substantially reduce carbon intensity; and 
(7) to establish a framework for the measure-
ment, reporting, and management of hydrogen leaks. 
SEC. 3. SUPPORTING HYDROGEN INFRASTRUCTURE AND 
REGIONAL DEVELOPMENT OF HYDROGEN. 
(a) DEFINITIONS.—In this section: 
(1) BOARD-REGULATED
RATES.—The term 
‘‘Board-regulated rates’’ means rates regulated by 
the Surface Transportation Board. 
(2) 
COMMISSION-REGULATED
RATES.—The 
term ‘‘Commission-regulated rates’’ means rates reg-
ulated by the Federal Energy Regulatory Commis-
sion. 
(3) COMMON
CARRIER.—The term ‘‘common 
carrier’’ means a transportation infrastructure oper-
ator or owner that— 
(A) publishes a publicly available tariff 
containing the just and reasonable rates, terms, 
and conditions of nondiscriminatory service; 
and 
(B) holds itself out to provide transpor-
tation services to the public for a fee. 
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(4) ELIGIBLE
ACTIVITY.—The term ‘‘eligible 
activity’’ means an activity described in subsection 
(g)(2) relating to, or carried out in connection with, 
an eligible project. 
(5) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means a corporation, partnership, joint venture, 
trust, non-Federal governmental entity, agency, or 
instrumentality, or other entity. 
(6) ELIGIBLE PROJECT.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), the term ‘‘eligible project’’ means an 
infrastructure project for hydrogen transpor-
tation, storage, or delivery, including pipeline, 
shipping, rail, refueling, or other infrastructure, 
or associated equipment, as the Secretary deter-
mines to be appropriate. 
(B) INCLUSION OF PIPELINE PROJECTS.— 
The term ‘‘eligible project’’ includes a pipeline 
project only if the project is for— 
(i) the construction of 1 or more new 
pipelines that are capable of handling pure 
hydrogen; or 
(ii) the retrofitting of 1 or more exist-
ing natural gas pipelines— 
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(I) to transport a blend of hydro-
gen and natural gas; and 
(II) in a manner that will signifi-
cantly increase the capacity of the 
pipelines to transport hydrogen, as de-
termined by the Secretary. 
(7) ELIGIBLE PROJECT COST.— 
(A) IN
GENERAL.—The term ‘‘eligible 
project costs’’ means— 
(i) the costs of carrying out an eligible 
activity; and 
(ii) any costs described in subpara-
graph (B) relating to, or incurred in con-
nection with, an eligible project. 
(B) COSTS
DESCRIBED.—The costs re-
ferred to in subparagraph (A)(ii) are— 
(i) the costs of capitalized interest 
necessary to meet market requirements, 
the costs of reasonably required reserve 
funds, capital issuance expenses, and any 
other carrying costs during construction of 
the applicable infrastructure; and 
(ii) transaction costs associated with 
financing an eligible project, including the 
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cost of legal counsel and technical consult-
ants. 
(8) 
HIFIA 
PILOT
PROGRAM.—The 
term 
‘‘HIFIA pilot program’’ means the hydrogen infra-
structure finance and innovation pilot program es-
tablished under subsection (b)(1). 
(9) LETTER OF INTEREST.—The term ‘‘letter 
of interest’’ means a letter submitted by a potential 
applicant prior to an application for a grant or a 
loan under the HIFIA pilot program that— 
(A) is in a format prescribed by the Sec-
retary on the website of the HIFIA pilot pro-
gram; 
(B) describes the project and the location, 
purpose, and cost of the project; 
(C) outlines the proposed financial plan, 
including— 
(i) the requested grant or loan assist-
ance; and 
(ii) the proposed obligor, if applicable; 
(D) provides a status of environmental re-
view; and 
(E) provides information regarding satis-
faction of other eligibility requirements of the 
HIFIA pilot program. 
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(10) LOW-INCOME OR DISADVANTAGED COMMU-
NITY.—The term ‘‘low-income or disadvantaged 
community’’ means a community (including a city, a 
town, a county, and any reasonably isolated and di-
visible segment of a larger municipality) with an an-
nual 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 decennial census. 
(11) OBLIGOR.—The term ‘‘obligor’’ means an 
eligible entity that is liable for payment of the prin-
cipal of, or interest on, a loan under the HIFIA pilot 
program. 
(12) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Energy. 
(b) ESTABLISHMENT.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary, in 
consultation with the Federal Energy Regulatory 
Commission, the Surface Transportation Board, and 
the Administrator of the Pipeline and Hazardous 
Materials Safety Administration, shall establish a 
hydrogen infrastructure finance and innovation pilot 
program under which the Secretary shall provide— 
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(A) financial assistance to eligible entities 
for eligible projects through— 
(i) grants; or 
(ii) long-term, low-cost supplemental 
loans; and 
(B) technical assistance in accordance with 
subsection (l). 
(2) COORDINATION WITH HYDROGEN HUBS.— 
To ensure that the HIFIA pilot program is compat-
ible with and complementary to any hydrogen hubs 
developed under any other law, the Secretary, to the 
maximum extent practicable, shall coordinate the es-
tablishment of the HIFIA pilot program with— 
(A) the establishment of any program to 
support the development of hydrogen hubs that 
is required to be established under any other 
law; and 
(B) the development of those hubs. 
(c) ELIGIBILITY.— 
(1) IN GENERAL.—The Secretary may provide 
financial assistance for an eligible project under the 
HIFIA pilot program if— 
(A) the eligible entity proposing to carry 
out the project submits a letter of interest prior 
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to submission of an application under para-
graph (2) with respect to the project; and 
(B) the eligible entity and the eligible 
project meet all applicable requirements of this 
section. 
(2) APPLICATIONS.— 
(A) IN
GENERAL.—To be eligible for a 
grant or a loan under the HIFIA pilot pro-
gram, an eligible entity shall submit to the Sec-
retary an application at such time, in such 
manner, and containing such information as the 
Secretary determines to be appropriate. 
(B) ELECTION.— 
(i) IN
GENERAL.—An eligible entity 
may elect to apply for a grant, a loan, or 
both under the HIFIA pilot program. 
(ii) DECISION.—The Secretary shall 
have discretion to award any mix of grants 
and loans under the HIFIA pilot program 
as the Secretary determines to be appro-
priate, including with respect to each eligi-
ble entity that applies for both a grant and 
a loan. 
(C) APPLICATION
PROCESSING
PROCE-
DURES.— 
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(i) NOTICE
OF
COMPLETE
APPLICA-
TION.—Not later than 30 days after the 
date of receipt of an application under this 
paragraph, the Secretary shall provide to 
the applicant a written notice describing 
whether— 
(I) the application is complete; or 
(II) additional information or 
materials are needed to complete the 
application. 
(ii) APPROVAL OR DENIAL OF APPLI-
CATION.—Not later than 90 days after the 
date of issuance of a written notice under 
clause (i), the Secretary shall provide to 
the applicant a written notice informing 
the applicant whether the Secretary has 
approved or disapproved the application. 
(d) PRIORITY.—In selecting eligible projects to re-
ceive a grant or a loan under the HIFIA pilot program, 
the Secretary shall give priority to eligible projects that— 
(1) will provide greater net impact in avoiding 
or reducing emissions of greenhouse gases; and 
(2) are sited in a manner that minimizes envi-
ronmental disturbance and other siting concerns, in-
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cluding by being sited within, or adjacent to, existing 
pipeline or other linear infrastructure corridors. 
(e) CONSIDERATIONS.—In selecting eligible projects 
to receive a grant or a loan under the HIFIA pilot pro-
gram, the Secretary, to the maximum extent practicable, 
shall select projects— 
(1) that are large-capacity, common carrier in-
frastructure; 
(2) that enable geographical diversity in associ-
ated projects and supply chains to produce, use, or 
store hydrogen, with the goal of enabling projects in 
all major regions of the United States with current 
hydrogen demand and potential future hydrogen de-
mand; 
(3) that will generate the greatest benefit to 
low-income or disadvantaged communities; and 
(4) that will— 
(A) maximize creation or retention of jobs 
in the United States; and 
(B) provide the highest job quality. 
(f) LOANS.— 
(1) IN GENERAL.—In carrying out the HIFIA 
pilot program, the Secretary shall make loans to eli-
gible entities, the proceeds of which shall be used to 
finance eligible projects. 
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(2) INTEREST RATE.—The interest rate of a 
loan under the HIFIA pilot program shall be not 
less than the interest rate on United States Treas-
ury securities of a similar maturity to the maturity 
of the loan on the date of closing on the loan. 
(3) MATURITY DATE.—The final maturity date 
of a loan provided under the HIFIA pilot program 
shall be the date that is 30 years after the date of 
substantial completion of the applicable eligible 
project. 
(4) REPAYMENT.— 
(A) IN GENERAL.—The Secretary shall es-
tablish a repayment schedule for each loan pro-
vided under the HIFIA pilot program. 
(B) COMMENCEMENT.—Repayment of a 
loan provided under the HIFIA pilot program 
shall commence on the date of substantial com-
pletion of the applicable eligible project for 
which the loan was provided. 
(C) DEFERRAL
OF
REPAYMENT.—If, at 
any time during the 5-year period beginning on 
the date of substantial completion of an eligible 
project, the project is unable to generate suffi-
cient revenues in excess of reasonable and nec-
essary operating expenses to pay the scheduled 
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loan repayments of principal and interest on the 
loan, the Secretary may allow the borrower to 
defer repayment of the loan until the end of 
that 5-year period. 
(5) REQUIREMENTS.— 
(A) CREDITWORTHINESS.— 
(i) IN GENERAL.—Each obligor with 
respect to a loan provided for an eligible 
project under the HIFIA pilot program 
shall be creditworthy, such that there ex-
ists a reasonable prospect of repayment of 
the principal and interest on the loan, as 
determined by the Secretary under clause 
(ii). 
(ii) REASONABLE PROSPECT OF RE-
PAYMENT.—The Secretary shall base a de-
termination of whether there is a reason-
able prospect of repayment under clause (i) 
on a comprehensive evaluation of whether 
the obligor has a reasonable prospect of re-
paying the loan for the eligible project, in-
cluding evaluation of— 
(I) the forecast of noncontractual 
cash flows supported by market pro-
jections from reputable sources, as de-
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termined by the Secretary, and cash 
sweeps or other structural enhance-
ments; 
(II) the strength of the contrac-
tual terms of an eligible project (if 
available for the applicable market 
segment); 
(III) 
the 
projected 
financial 
strength of the obligor— 
(aa) at the time of loan 
close; and 
(bb) throughout the loan 
term, including after the project 
is completed; 
(IV) the financial strength of the 
investors and strategic partners of the 
obligor, if applicable; and 
(V) other financial metrics and 
analyses that are relied on by the pri-
vate lending community and nation-
ally recognized credit rating agencies, 
as determined to be appropriate by 
the Secretary. 
(B) DEDICATED SOURCE OF REVENUE.— 
An eligible project for which a loan is provided 
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under the HIFIA pilot program shall have a 
dedicated source of revenue separate from any 
financial assistance received under the HIFIA 
pilot program. 
(g) USE OF FINANCIAL ASSISTANCE.— 
(1) IN
GENERAL.—A grant or loan provided 
under the HIFIA pilot program may be used for any 
eligible project costs. 
(2) ELIGIBLE
ACTIVITIES.—A grant or loan 
provided under the HIFIA pilot program may be 
used to carry out any of the following activities with 
respect to an eligible project: 
(A) Development phase activities, includ-
ing— 
(i) planning; 
(ii) preliminary engineering; 
(iii) design; 
(iv) environmental review; 
(v) revenue forecasting; and 
(vi) other preconstruction activities. 
(B) Construction, reconstruction, rehabili-
tation, and replacement activities, including the 
training of construction personnel in handling 
and safety. 
(C) Acquisition of— 
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(i) real property or an interest in real 
property; or 
(ii) equipment. 
(D) Environmental mitigation activities. 
(E) Activities relating to construction con-
tingencies. 
(h) FEDERAL REQUIREMENTS.— 
(1) IN GENERAL.—Nothing in this section su-
persedes the applicability of any other requirement 
under Federal law (including regulations). 
(2) NEPA.—Federal assistance may only be 
provided under the HIFIA pilot program for a 
project that has received an environmental categor-
ical exclusion, a finding of no significant impact, or 
a record of decision under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
(i) LEAK DETECTION.—Each eligible entity that re-
ceives a loan or grant under the HIFIA pilot program 
shall conduct— 
(1) a hydrogen leakage monitoring, reporting, 
and verification (also known as ‘‘MRV’’) program; 
and 
(2) a hydrogen leak detection and repair (also 
known as ‘‘LDAR’’) program. 
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(j) MAXIMUM FEDERAL INVOLVEMENT.—The max-
imum Federal share of an eligible project for which a loan 
is provided under the HIFIA pilot program shall not ex-
ceed 80 percent of the eligible costs of the project. 
(k) AMENDMENT.—Section 1703(b)(3) of the Energy 
Policy Act of 2005 (42 U.S.C. 16513(b)(3)) is amended 
by striking ‘‘Hydrogen fuel’’ and inserting ‘‘Hydrogen 
technologies applicable to 1 or more end-use sectors, such 
as power generation, transportation, aviation, storage, in-
dustrial, and chemicals, including hydrogen fuel’’. 
(l) TECHNICAL ASSISTANCE.— 
(1) IN GENERAL.—The Secretary and the Na-
tional Laboratories may provide technical assistance 
under the HIFIA pilot program to assess the grad-
ing and readiness of existing infrastructure to trans-
port, store, or deliver hydrogen with respect to infor-
mal State and regional planning for investments in 
that grading and readiness. 
(2) PRIORITY.—In providing technical assist-
ance under paragraph (1), the Secretary and the 
National Laboratories shall prioritize— 
(A) preexisting infrastructure corridors; 
(B) geologic storage potential for hydro-
gen; and 
(C) industrial clusters. 
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(m) REGULATORY ASSESSMENT TO ENCOURAGE HY-
DROGEN TRANSPORTATION INFRASTRUCTURE DEPLOY-
MENT.—Not later than 270 days after the date of enact-
ment of this Act, each of the Federal Energy Regulatory 
Commission, the Surface Transportation Board, and the 
Administrator of the Pipeline and Hazardous Materials 
Safety Administration, in coordination with the Secretary, 
shall— 
(1) assess jurisdiction over the siting, construc-
tion, safety, and regulation of hydrogen transpor-
tation infrastructure, including, at a minimum, the 
blending of hydrogen in natural gas pipelines; 
(2) if that assessment indicates that additional 
authority is needed to support the deployment of hy-
drogen transportation infrastructure, submit to Con-
gress a report describing the needed authority; and 
(3) identify the eligibility of, and process for, 
hydrogen transportation infrastructure to receive 
cost recovery under the HIFIA pilot program 
through Commission-regulated rates, Board-regu-
lated rates, or other applicable regulated rates, as 
appropriate, for the transportation of hydrogen in 
interstate commerce. 
(n) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry 
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out the HIFIA pilot program $100,000,000 for each of 
fiscal years 2023 through 2027. 
Æ 
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