I 117th CONGRESS 2d Session H. R. 9446 IN THE HOUSE OF REPRESENTATIVES December 6, 2022 Mr. Tonko (for himself and Mrs. Bice of Oklahoma ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To direct the Secretary of Energy to conduct a program of research, development, demonstration, and commercial application with respect to clean hydrogen and fuel cell energy, low-emission fuels, and coproducts, and for other purposes.

1. Short title This Act may be cited as the Department of Energy Clean Hydrogen and Fuel Cell Research, Development, and Demonstration Act of 2022 . 2. Definitions In this Act: (1) Clean hydrogen The term clean hydrogen means hydrogen produced from any source that results in a significant reduction in lifecycle greenhouse gas and criteria air pollutant emissions compared to conventional fuel options. (2) Department The term Department means the Department of Energy. (3) Eligible entity The term eligible entity means— (A) an institution of higher education, including historically Black colleges and universities, minority-serving institutions, Hispanic-serving institutions, Tribal colleges or universities, emerging research institutions, and community colleges; (B) a National Laboratory (as such term is defined in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 )); (C) a Federal research agency; (D) a State research agency; (E) a research agency associated with a territory or Freely Associated State; (F) a nonprofit research organization; (G) a private sector entity; (H) any other entity, as determined by the Secretary; or (I) a consortium of two or more entities described in subparagraphs (A) through (F). (4) Hispanic-serving institution The term Hispanic-serving institution has the meaning given such term in section 502(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1101a(a) ). (5) Historically Black college or university The term historically Black college or university has the meaning given the term part B institution in section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 ). (6) Hydrogen carrier The term hydrogen carrier means a substance that meets one or both of the following descriptions: (A) Molecules that have been synthesized from hydrogen. (B) Reversible liquid, solid, or gas chemical states that store hydrogen in a state other than as free hydrogen molecules. (7) Hydrogen-related technologies The term hydrogen-related technologies means technologies relating to the production, purification, distribution, storage, and use of hydrogen for heat, stationary power, transportation, industrial chemical feedstocks, or energy storage, including fuel cell technologies. (8) Institution of higher education The term institution of higher education has the meaning given such term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (9) Minority-serving institution The term minority-serving institution includes the entities described in any of paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (10) Secretary The term Secretary means the Secretary of Energy. (11) Tribal college or university The term Tribal college or university has the meaning given such term in section 316(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b) ). 3. Clean hydrogen and fuel cell technology research and development program (a) In general The Secretary, in consultation with the heads of relevant Federal agencies, shall conduct a program of research, development, demonstration, and commercial application of clean hydrogen and fuel cell technologies to enable production, distribution, and use of clean hydrogen, including in energy storage, industrial applications, building, power, and transportation sector applications, and to advance the development of related hydrogen infrastructure. In carrying out such program, the Secretary shall award financial assistance through a competitive, merit-reviewed process and consider applications from eligible entities. (b) Program components In carrying out the program under subsection (a), the Secretary shall coordinate with the heads of relevant Federal agencies to determine a comprehensive set of technical milestones for the activities and focus on research and development challenges across the hydrogen supply chain for various applications, including clean hydrogen production, the supply of hydrogen, storage of hydrogen, transportation of hydrogen, and end uses of hydrogen that advance the following: (1) Clean hydrogen production from diverse energy sources. (2) Clean hydrogen transportation, distribution, and end use efficiency. (3) Clean hydrogen and hydrogen-related technologies for the production of the following: (A) High- and low-temperature heat in industry and the built environment, including low-emission production of cement, iron, steel, and other metals. (B) Improved environmental performance of petroleum-based transportation fuels with clean hydrogen. (C) Sustainable chemical products and materials. (D) Sustainable synthetic fuels. (E) Energy storage for electric grid flexibility and long duration energy storage. (4) Hydrogen blending for power generation, industrial use, and other end use applications relating to fuel cell performance, reliability, durability, and cost. (5) Fuel cell technologies for transportation and stationary applications. (6) Domestic fuel cell manufacturing capabilities. (7) Hydrogen and hydrogen carrier technologies as a fuel for electric transportation and stationary applications powered by fuel cells. (8) Dynamic control systems needed to integrate clean hydrogen production and end users with sources of reliable and affordable low-emission power. (9) Computational tools for lifecycle assessments and economic analysis of the entire supply chain of clean hydrogen production and utilization. (10) Hydrogen fueling of various vehicle classes and vocations. (11) Safe, durable, and affordable materials for hydrogen-related technologies. (12) Methods for integrating carbon capture and storage and waste by-product treatment technologies, including considerations for produced water, into clean hydrogen system processes. (c) Activities In carrying out the program under subsection (a), the Secretary shall carry out research, development, demonstration, and commercial application activities to advance the following: (1) Clean hydrogen production, including the following: (A) Production from water splitting, including the following: (i) Fresh, salt, and, wastewater and steam electrolysis using low-emission electricity sources. (ii) Development of catalysts using alternatives to rare earth metals. (iii) Thermochemical water splitting using low-emission power sources. (B) Production from biomass and organic carbon waste conversion, which may include biomass-derived liquid reformation and biomass gasification with a focus on the following: (i) Optimizing processes and addressing challenges related to different biomass feedstock characteristics, including biomass and waste blends. (ii) Improvement of energy conversion efficiency. (iii) Development and optimization of catalysts for given feedstocks. (C) Production from a direct hydrogen carrier, such as ammonia or methanol with carbon capture and sequestration, and liquid organic hydrogen carriers. (D) Biological hydrogen production, which may include the following: (i) Dark or photo-assisted fermentation. (ii) Microbial electrolysis. (iii) Bio- or bio-inspired photolysis. (iv) Hybrid systems combining multiple bio- or bio-inspired processes. (E) Production from hydrocarbons to carbon-free hydrogen or to hydrogen with carbon capture and sequestration, which may include the following: (i) Development of nonprecious and nontoxic metal catalysts and electrodes. (ii) Development of effective reactor design. (iii) Use of heat from noncombustion source. (iv) Development of advanced materials of construction for improved reactor performance and lifetimes and reduced capital costs. (v) Reduction of water usage. (vi) Development of catalytic processes to convert natural gas to carbon-free hydrogen and solid carbon materials. (vii) Development of suitable treatment of waste by-products. (F) Production of clean hydrogen at a place of consumption where demand from many use cases can be satisfied, including airports supplying air-side aircraft, support vehicles, and ground-side services for hydrogen electric buses, trucks, and cars. (G) Production from nuclear power and heat, including from advanced nuclear reactors. (H) Production from renewable energy sources. (I) Production of hydrogen carriers. (J) Production from integrated energy systems (as such term is defined in section 1310 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17387 )). (2) Hydrogen storage, including the following: (A) Gas compression and liquefaction, including improving liquefaction efficiency. (B) Chemical storage, including the following: (i) Porous materials. (ii) Liquid hydrogen carriers, which may include the following: (I) Liquid organic hydrogen carriers with needed improvement of the chemistry of dehydrogenation through catalyst development. (II) Liquid ammonia with needed improvement of the fundamental chemistry of dehydrogenation and hydrogen purity after dehydrogenation. (C) Diverse physical storage methodologies for hydrogen, including liquid hydrogen, hydrogen carriers, and hydrogen blends in the form of a solid, liquid, or gas, including distribution tanks, on site storage, storage onboard vehicles, and geologic storage. (D) Development of advanced storage materials and systems for large-scale hydrogen storage, including long-duration storage, with a focus on low-cost, ambient-temperature, and high-energy density materials and systems. (E) Assessment of regional geology, including seismic assessments, infrastructure requirements, and materials of construction for the storage of hydrogen in geologic formations, including salt domes, caverns, depleted oil gas reservoirs, aquifers, surface porous media, and natural gas storage sites. (F) Assessment of hydrogen and hydrogen blend storage processes, including physical, chemical, and biological processes within geological formations, that could impact the longevity and reversibility of geologic storage. (G) Development of advanced tools and technologies to convert or transform natural gas geologic storage sites into hydrogen storage sites. (H) Metal hydride materials, such as magnesium-containing systems with a focus on the following: (i) Improvement of kinetics of hydrogen uptake and release. (ii) Decreasing working temperatures, to ambient or near ambient conditions. (3) Hydrogen transportation, delivery, and fueling infrastructure, including the following: (A) Improvement in energy efficiency, maintenance of hydrogen purity, and minimization of potential hydrogen leakage, including from hydrogen carriers. (B) Advancing a diverse range of distribution methods, including transmission by pipeline, transmission of liquid hydrogen carriers, and transmission of hydrogen blends. (C) Advancing the feasibility of retrofitting or the modification of existing energy infrastructure, including existing natural gas transportation infrastructure, for the purpose of transportation and storage of significant quantities of hydrogen and hydrogen blends. (D) Development and improvement of hydrogen and hydrogen fuel specific sensor technologies to detect and mitigate potential risks. (4) Clean hydrogen utilization, including the following: (A) Power generation utilization, including the retrofit or development of hydrogen fueled turbines, reversible fuel cells or hybrid cycle fuel cells, and hydrogen blends for power applications. (B) Energy storage, including the development of long-term energy storage systems for grid, back-up power, microgrid and other applications. (C) Transportation fuel utilization. (D) Industrial utilization, including the utilization of hydrogen and hydrogen blends for diverse applications. (E) Agricultural utilization. (F) Other applications, as determined by the Secretary. (5) Advanced manufacturing technologies and methods for clean hydrogen and hydrogen-related technologies. (6) Hydrogen carrier recycling and reuse. (7) Safe, durable, and affordable materials for clean hydrogen, hydrogen carrier, and hydrogen-related technologies. (8) Advanced technologies and methods for safe hydrogen transportation, distribution, and utilization, such as hydrogen infrastructure monitoring and controls and combustion characterization technologies. (9) Other research areas that advance the purposes of the program, as determined by the Secretary. (d) Fuel cell research, development, and demonstration (1) In general In carrying out with the program under subsection (a), the Secretary shall support research, development, demonstration, and commercial application activities to advance fuel cell technologies for transportation and stationary applications with a focus on reducing fuel cell system cost and improving overall system efficiency and durability over a wide range of operating conditions. (2) Tools, technologies, and methods In carrying out paragraph (1), the Secretary shall develop tools, technologies, and methods for the following: (A) Fuel cell durability, which may include the following: (i) Improving understanding of catalyst and membrane degradation and mitigating performance degradation, including at high and low power conditions. (ii) Improving fuel cell tolerance to air, fuel, and system-derived impurities. (iii) Improving stationary fuel cells to achieve greater than 80,000 hours of durability, including improving durability under start-up and transient operation for high-temperature fuel cells. (iv) Improving fundamental understanding of failure mechanisms to develop mitigation strategies. (v) Activities to update and accelerate testing protocols to enable projection of durability. (vi) Improving system balance-of-plant component efficiency, responsiveness, adaptation to fuel cell aging conditions, reactant’s impurity, environmental variability, and durability. (B) Development of lower cost fuel cell materials, components, and assemblies. (C) Fuel cell performance, which may include research to improve the performance and efficiency of the following: (i) Cathodes. (ii) Water quality controls. (iii) Stack water management, including membranes in fuel cells to enable effective water management and operation in low humidity and subfreezing environments. (iv) System thermal and water management, including research to improve the following: (I) Heat utilization, cooling, and humidification techniques. (II) Efficiency of heat recovery systems, system designs, advanced heat exchangers, and higher temperature operation of current systems. (III) Techniques to manage water during start-up and shutdown at subfreezing temperatures. (IV) Management of nonuniform conditions caused by variable thermal and current density gradients. (v) System air management. (vi) System start-up and shutdown time and transient operation. (vii) Utilizing direct hydrogen carriers, such as ammonia, methane, and methanol. (viii) Reversible fuel cells. (D) Catalyst and electrode design, which may include the following: (i) Developing catalysts that reduce or eliminate platinum-group metal loading while maintaining or improving upon performance and durability. (ii) Increasing durability and stability of catalysts during potential cycling. (iii) Increasing tolerance of catalysts to air, fuel, and other system derived impurities. (iv) Increasing catalyst utilization. (v) Developing catalysts and catalyst support with high durability at high voltages. (vi) Design and demonstration of scalable production of novel catalysts. (vii) Optimization of electrode design and assembly for efficient water and thermal management. (E) Electrolyte synthesis and development. (F) Fuel cell membrane development, including polymer electrolyte member and alkaline electrolyte member development. (G) Membrane electrode materials, assemblies, cells, and other stack components, including demonstration of small-scale production of novel membrane electrode assemblies. (H) Solid oxide fuel cell development, including the following: (i) Cell development on individual cell components that increases power density, reduces degradation, and reduces costs. (ii) Balance-of-plant and stack components that improve reliability and robustness and reduce degradation and costs. (iii) Systems development. (I) Protonic ceramic fuel cell development. (J) Other research areas that advance the purposes of the program, as determined by the Secretary. (e) Testing and validation In carrying out the program under subsection (a), the Secretary, in consultation with the Director of the National Institute of Standards and Technology, shall support the development of standardized testing and technical validation of hydrogen and hydrogen-related technologies, including fuel cell technologies, through collaboration with one or more National Laboratories, and one or more eligible entities. (f) Leveraging In carrying out the program under subsection (a), the Secretary shall leverage resources and expertise from across the Department, including the following: (1) The Office of Energy Efficiency and Renewable Energy. (2) The Basic Energy Sciences Program, Advanced Scientific Computing Research Program, and the Biological and Environmental Research Program of the Office of Science. (3) The Office of Fossil Energy. (4) The Office of Nuclear Energy. (5) The Advanced Research Projects Agency—Energy. (6) The Office of Clean Energy Demonstrations. (g) Standard of review In carrying out the program under subsection (a), the Secretary shall periodically determine the status of achievement of the comprehensive set of technical milestones referred to in subsection (b). 4. Clean hydrogen demonstration projects (a) In general In carrying out the program under section 3, the Secretary shall establish a demonstration program under which the Secretary, through a competitive merit review process, shall select eligible entities to carry out not more than six demonstration projects that involve clean hydrogen and hydrogen-related technologies. (b) Project criteria Of the demonstration programs carried out pursuant to subsection (a), two shall be designed as clean hydrogen hybrid use demonstration projects that— (1) demonstrate configurations of different commercial and preproduction hydrogen with wind, solar, nuclear, fossil, or other energy technologies for combined use, including evaluation and modeling of performance under load demands relevant to urban and rural communities; and (2) serve as an incubator for novel energy technologies and the combined use of such technologies. (c) Selection requirements In selecting eligible entities for the demonstration programs carried out pursuant to subsection (a), the Secretary shall, to the maximum extent practicable— (1) encourage regional diversity among eligible entities, including participation by such entities located in rural States; (2) encourage technological diversity among eligible entities; (3) ensure that selected demonstration programs are coordinated with and expand on existing technology demonstration programs of the Department; (4) prioritize demonstration programs that leverage and are complementary to existing energy infrastructure, such as existing power plants and power installations, fleet vehicle centers, microgrids, or industrial facilities; and (5) prioritize demonstration programs that leverage matching funds from non-Federal sources. (d) Authorization of appropriations From amounts authorized to be appropriated pursuant to section 9, $30,000,000 for each of fiscal years 2023 through 2027 shall be made available to the Secretary to carry out this section. 5. Hydrogen Innovation Center (a) Operation (1) In general In carrying out the program under section 3, the Secretary, in accordance with paragraph (2), shall operate through the Office of Science of the Department a national Hydrogen Innovation Center (referred to in this section as the Center ). (2) Selection; administration (A) In general The Secretary shall select on a competitive, merit-reviewed basis, an entity to administer the Center. In making such selection, the Secretary shall solicit and consider applications from such entities. (B) Entity defined For purposes of this paragraph, the term entity means a National Laboratory, an institution of higher education, a Federal research agency, a multi-institutional collaboration, or other appropriate entity (as determined by the Secretary). (3) Focus The Center shall focus on fundamental research and development activities, including the following: (A) Theory, modeling, and simulation of the following: (i) The physics and chemistry of multi-scale hydrogen interactions. (ii) The behavior of hydrogen fuel cell membranes. (iii) Catalytic pathways for hydrogen production. (iv) Photochemical processes and complex photoredox systems. (B) The development of analytical tools to characterize and predict hydrogen-materials interactions. (C) The potential physical, chemical, and biological effects of geologic hydrogen storage. (D) The development of advanced computer modeling to design different configurations of energy systems and optimize systems operations for clean hydrogen production in different electricity markets. (E) The development of novel fuel cell membranes and integrated nanoscale architectures for hydrogen fuel cell technologies. (F) Advanced catalytic research and design, with considerations given to nanoscale catalysts, enzyme catalysts, biocatalysts, catalyst-solid carbon separation, and innovative synthetic techniques. (G) The advancement of organic semiconductors for photovoltaic and photocatalytic applications. (H) Examination of the molecular mechanisms of biological hydrogen production. (I) The development of bio-hybrid systems scalable to hydrogen production facilities. (J) The development of novel materials for hydrogen storage, including chemical storage with complex hydrides and nanostructured materials, with a focus on the following: (i) Improvement of kinetics of hydrogen absorption and desorption. (ii) Decreasing working temperatures. (b) Duration The Center shall receive support for a period of not more than five years, subject to the availability of appropriations. (c) Renewal Upon the expiration of any period of support of the Center, the Secretary may renew such support, on a merit-reviewed basis, for a period of not more than five years. (d) Termination Consistent with existing authorities of the Department, the Secretary may terminate the Center for cause during any period of support. (e) Authorization of appropriations Of amounts authorized to be appropriated to the Office of Science, $15,000,000 for each of fiscal years 2023 through 2027 shall be made available to the Secretary to carry out this section. 6. Study to examine research pathways for hydrogen production with net-zero greenhouse gas emissions (a) In general Not later than 90 days after the date of the enactment of this Act, the Secretary shall enter into an agreement with the National Academies of Sciences, Engineering, and Medicine (referred to in this section as the National Academies ) under which the National Academies shall conduct a study to examine research pathways for hydrogen production processes with net-zero direct and indirect greenhouse gas emissions as a part of a low-carbon energy future. Such study shall— (1) analyze and assess research needed to leverage potential contributions of hydrogen production processes with net-zero direct and indirect greenhouse gas emissions; (2) examine lifecycle impacts of such processes on energy consumption and emissions; and (3) identify additional research activities and provide recommendations to support net direct and indirect greenhouse gas emission reductions across hydrogen production processes, including research to address— (A) potential environmental impacts associated with hydrogen production using new and existing evaluation metrics, including lifecycle impacts on local and regional air and water quality and estimates of hazardous air pollutants impacts on and benefits to United States communities, including urban, small, rural, Tribal, and disadvantaged communities; (B) infrastructure challenges; (C) scientific and technical barriers to achieve greater net greenhouse gas emission reductions in present and future production processes; and (D) socioeconomic costs and benefits of zero-carbon liquid fuel production and use systems, including fiscal, monetized health, and job impacts. (b) Report The agreement entered into under subsection (a) shall include a requirement that the National Academies, not later than 24 months after the date of the enactment of this Act, submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the results of the study conducted pursuant to such agreement. 7. Reporting (a) Technologies developed Not later than one year after the date of the enactment of this Act and every two years thereafter through 2027, the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report regarding the technologies and knowledge developed and demonstrated as a result of the program carried out under section 3 with a particular emphasis on whether such technologies were successfully adopted for commercial applications, and if so, whether the supply chains of such technologies are domestic. (b) Additional matters Not later than two years after the date of the enactment of this Act and every two years thereafter through 2027, the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing activities undertaken pursuant to this Act, including relating to the following: (1) The status of public-private partnerships. (2) Progress of such activities in meeting goals and timelines. (3) The status of demonstration projects. 8. Additional provisions (a) Education and outreach In carrying out the program under section 3, the Secretary shall support and expand education and outreach activities to disseminate information relating to hydrogen and fuel cell energy technologies and the hydrogen and fuel cell energy workforce. (b) Technical assistance In carrying out the program under section 3, the Secretary shall provide technical assistance and analyze activities for eligible entities to support the commercial application of advances in hydrogen and fuel cell energy systems development and operations, which may include activities that support expanding access to advanced clean hydrogen and fuel cell energy technologies for rural, Tribal, and disadvantaged communities. (c) Public-Private partnerships In carrying out the activities described in this Act, the Secretary shall pursue partnerships with private industry, private foundations, and other appropriate private entities to— (1) ensure the United States maintains technological competitiveness in developing advanced clean hydrogen and fuel cell technologies; (2) enhance the impact and advancement of the hydrogen economy investments and contributions to United States economic competitiveness and security; and (3) make available infrastructure, expertise, and financial resources to the United States hydrogen and fuel cell technologies scientific and engineering research and education enterprise. (d) International hydrogen energy development In carrying out the program under section 3, the Secretary, in coordination with the heads of other appropriate Federal and multilateral agencies (including the United States Agency for International Development) shall support collaborative efforts with international partners to facilitate and accelerate the transition to clean and efficient energy and mobility systems using fuel cells and hydrogen technologies through research, development, demonstration, and commercial application activities. (e) Coordination To the maximum extent practicable, the Secretary shall carry out the program under section 3 in coordination with other relevant programs and capabilities of the Department and other Federal research programs, including activities authorized in sections 803, 805, and 808 of the Energy Policy Act of 2005 ( 42 U.S.C. 16152 , 16154, and 16157) and in subtitle B of title III of division D of the Infrastructure Investment and Jobs Act (PL 117–58). 9. Authorization of appropriations There are authorized to be appropriated to the Secretary for research, development, demonstration, and commercial application of hydrogen and fuel cell energy systems, and other related technologies in the United States, including to carry out this Act, the following: (1) For fiscal year 2023, $161,160,000. (2) For fiscal year 2024, $164,383,000. (3) For fiscal year 2025, $167,670,000. (4) For fiscal year 2026, $171,024,000. (5) For fiscal year 2027, $174,444,480.