[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9851 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 9851
To amend the Energy Policy Act of 2005 to establish a Hydrogen
Technologies for Heavy Industry Demonstration Program, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 25, 2024
Mr. Sorensen (for himself, Mr. Molinaro, Ms. Budzinski, Mr. Bacon, and
Mr. Costa) introduced the following bill; which was referred to the
Committee on Science, Space, and Technology, and in addition to the
Committees on Energy and Commerce, and Transportation and
Infrastructure, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Energy Policy Act of 2005 to establish a Hydrogen
Technologies for Heavy Industry Demonstration Program, and for other
purposes.
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 Industry Act of 2024''.
SEC. 2. HYDROGEN TECHNOLOGIES FOR HEAVY INDUSTRY DEMONSTRATION PROGRAM.
(a) Emission Reduction Program.--Subtitle F of title IX of the
Energy Policy Act of 2005 (42 U.S.C. 16291 et seq.) is amended by
adding at the end the following:
``SEC. 969E. HYDROGEN TECHNOLOGIES FOR HEAVY INDUSTRY DEMONSTRATION
PROGRAM.
``(a) Definition of Low-Income or Disadvantaged Community.--The
term `low-income or disadvantaged community' means a community
(including a city, town, county, or 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.
``(b) Program.--Not later than 180 days after the date of enactment
of the Hydrogen for Industry Act of 2024, the Secretary shall establish
a program, to be known as the `Hydrogen Technologies for Heavy Industry
Demonstration Program' (referred to in this section as the `Program'),
under which the Secretary shall provide grants or cooperative
agreements to demonstrate industrial end-use applications of hydrogen
for--
``(1) iron, steel, and metals manufacturing;
``(2) cement manufacturing;
``(3) glass manufacturing;
``(4) ammonia and fertilizer production;
``(5) industrial food processes;
``(6) production of synthetic fuels from hydrogen, such as
with carbon oxides;
``(7) fuel refining, such as biorefining;
``(8) chemical synthesis, such as synthesis of methanol and
ethylene;
``(9) process heaters, including hydrogen combustion with
environmental controls;
``(10) cogeneration to make electricity or heat to support
industrial processes; or
``(11) any other use of hydrogen for heavy industry, as
determined by the Secretary.
``(c) Purpose.--The purpose of the Program is to support the
adoption of hydrogen as an emissions reduction technology for heavy
industry, including in applications where hydrogen is blended with
other fuels or feedstocks.
``(d) Demonstration Projects and Other Authorized Projects.--
``(1) In general.--The Secretary shall provide grants or
cooperative agreements on a competitive basis for commercial-
scale demonstration projects for end-use applications of
hydrogen and other authorized projects, as described in
paragraph (5).
``(2) Amount of grant or cooperative agreement.--The amount
of a grant or cooperative agreement provided to an eligible
entity under this subsection shall be not more than
$400,000,000.
``(3) Application.--An entity seeking a grant or
cooperative agreement to conduct a demonstration project or
other authorized project under this subsection shall submit to
the Secretary an application at such time, in such manner, and
containing such information as the Secretary may require,
including a description of the manner in which the project--
``(A) will contribute to the reduction of
greenhouse gas emissions at the applicable facility;
and
``(B) in the case of a project for industrial end-
use application that already uses hydrogen at scale,
will reduce or avoid emissions of greenhouse gases.
``(4) Selection.--
``(A) Considerations.--In providing a grant or
cooperative agreement under this subsection, the
Secretary shall review each applicant and application
under paragraph (3) with respect to--
``(i) the financial strength of the
applicant;
``(ii) the proposed construction schedule;
``(iii) the market risk of the technology
that the applicant seeks to demonstrate, as
applicable; and
``(iv) the contractor history of the
applicant.
``(B) Priority.--In providing a grant or
cooperative agreement under this subsection, the
Secretary shall give priority to projects that will
provide greater net impact in avoiding or reducing
emissions of greenhouse gases.
``(C) Other considerations.--In providing a grant
or cooperative agreement under this subsection, the
Secretary shall, to the maximum extent practicable,
provide a grant or cooperative agreement for projects
that--
``(i) represent a variety of end uses of
hydrogen;
``(ii) will use at least 50 percent
hydrogen blends by volume;
``(iii) demonstrate existing or planned
regional availability of hydrogen;
``(iv) will generate the greatest benefit
to low-income or disadvantaged communities; and
``(v) will maximize creation or retention
of domestic jobs and provide the highest job
quality.
``(5) Authorized projects.--A grant or cooperative
agreement provided under this subsection may be used--
``(A) to carry out demonstration projects for end
uses of hydrogen;
``(B) to construct a new commercial-scale facility
that will use hydrogen as a fuel or feedstock; or
``(C) to retool, retrofit, or expand an existing
facility determined to be qualified by the Secretary to
enable use of hydrogen as a fuel or feedstock in
industrial end-use applications of hydrogen, including
at multiple points within a larger facility.
``(6) Requirements.--A demonstration project receiving a
grant or cooperative agreement under this subsection shall--
``(A) use technologies that have completed pilot-
scale testing or the equivalent, as determined by the
Secretary;
``(B) on completion, demonstrate hydrogen
technologies used by heavy industry; and
``(C) conduct hydrogen leakage monitoring,
reporting, and verification programs and leak detection
and repair programs.
``(7) Cost sharing.--The non-Federal share of the cost of a
demonstration project carried out using a grant or cooperative
agreement under this subsection shall be not less than 50
percent.
``(8) Engineering and design studies.--The Secretary may
fund front-end engineering and design studies in addition to,
or in advance of, providing a grant or cooperative agreement
for a demonstration project or other authorized project under
this subsection.
``(e) Applicability.--No technology, or level of emission
reduction, shall be treated as adequately demonstrated for purposes of
section 111 of the Clean Air Act (42 U.S.C. 7411), achievable for
purposes of best available control technologies (as defined in section
169 of that Act (42 U.S.C. 7479)), or achievable in practice for
purposes of the terms defined in section 171 of that Act (42 U.S.C.
7501) solely by reason of the identification of that technology or
level of emission reduction in programs established under this Act.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out the Program $1,200,000,000
for the period of fiscal years 2025 through 2029, to remain available
until expended.''.
(b) Clerical Amendment.--The table of contents of the Energy Policy
Act of 2005 (Public Law 109-58; 119 Stat. 600) is amended by inserting
after the item relating to section 969D the following:
``Sec. 969E. Hydrogen Technologies for Heavy Industry Demonstration
Program.''.
SEC. 3. STUDY.
(a) In General.--Not later than 270 days after the date of
enactment of this Act, the Secretary of Energy, the Secretary of
Commerce, and the Secretary of Transportation shall jointly conduct and
submit to Congress a report describing the results of a study--
(1) to examine the potential for emissions reductions at
industrial facilities through hydrogen applications,
including--
(A) the potential use of levelized cost of carbon
abatement, or a similar metric, in analyzing industrial
uses of hydrogen; and
(B) the feasibility and impact of incorporating
levelized cost of carbon abatement to compare the costs
of technology options to reduce emissions across a
range of industrial applications;
(2) to fully address existing challenges with respect to
ensuring the safe use and handling of hydrogen and hydrogen-
based fuels and blends in industrial systems, including health
and environmental impacts associated with the leakage of
hydrogen and hydrogen carriers;
(3) to identify and evaluate the feasibility, safety, and
best practices of the use of hydrogen and ammonia as industrial
fuel and feedstock, including ways that current procedures,
training, and handoffs with supply chain partners should be
augmented to ensure safety for workers and neighboring
communities;
(4) to examine the feasibility of blending increasing
levels of hydrogen with natural gas to supplement process heat
requirements;
(5) to examine the environmental impacts of hydrogen
combustion in hydrogen-fueled gas turbines as pure hydrogen or
at different ratios if used in blended fuel; and
(6) to identify and evaluate considerations for transport
and storage of hydrogen and hydrogen carriers for use at
industrial facilities.
(b) Requirements.--In conducting the study under subsection (a),
the Secretary of Energy and the Secretary of Commerce shall--
(1) take into account lessons learned from demonstration
projects in other industries and projects in other countries;
and
(2) evaluate the applicability of the lessons described in
paragraph (1) to the use of hydrogen in industrial
applications.
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