Collapse to view only § 16123. Federal procurement of stationary, portable, and micro fuel cells

§ 16121. Definitions
In this part:
(1) Fuel cell
(2) Light-duty or heavy-duty vehicle fleet
(3) Stationary; portable
The terms “stationary” and “portable”, when used in reference to a fuel cell, include—
(A) continuous electric power; and
(B) backup electric power.
(4) Task Force
(5) Technical Advisory Committee
(Pub. L. 109–58, title VII, § 781, Aug. 8, 2005, 119 Stat. 835.)
§ 16122. Federal and State procurement of fuel cell vehicles and hydrogen energy systems
(a) PurposesThe purposes of this section are—
(1) to stimulate acceptance by the market of fuel cell vehicles and hydrogen energy systems;
(2) to support development of technologies relating to fuel cell vehicles, public refueling stations, and hydrogen energy systems; and
(3) to require the Federal government, 1
1 So in original. Probably should be capitalized.
which is the largest single user of energy in the United States, to adopt those technologies as soon as practicable after the technologies are developed, in conjunction with private industry partners.
(b) Federal leases and purchases
(1) Requirement
(A) In general
(B) Learning demonstration vehicles
(2) Costs of leases and purchases
(A) In generalThe Secretary, in cooperation with the Task Force and the Technical Advisory Committee, shall pay to Federal agencies (or share the cost under interagency agreements) the difference in cost between—
(i) the cost to the agencies of leasing or purchasing fuel cell vehicles and hydrogen energy systems under paragraph (1); and
(ii) the cost to the agencies of a feasible alternative to leasing or purchasing fuel cell vehicles and hydrogen energy systems, as determined by the Secretary.
(B) Competitive costs and management structuresIn carrying out subparagraph (A), the Secretary, in consultation with the agency, may use the General Services Administration or any commercial vendor to ensure—
(i) a cost-effective purchase of a fuel cell vehicle or hydrogen energy system; or
(ii) a cost-effective management structure of the lease of a fuel cell vehicle or hydrogen energy system.
(3) Exception
(A) In general
(B) ConsiderationIn making a determination under subparagraph (A), the Secretary shall consider—
(i) the needs of the agency; and
(ii) an evaluation performed by—(I) the Task Force; or(II) the Technical Advisory Committee.
(c) Energy savings goals
(1) In general
(A) RegulationsNot later than December 31, 2006, the Secretary shall—
(i) in cooperation with the Task Force, promulgate regulations for the period of 2008 through 2010 that extend and augment energy savings goals for each Federal agency, in accordance with any Executive order issued after March 2000; and
(ii) promulgate regulations to expand the minimum Federal fleet requirement and credit allowances for fuel cell vehicle systems under section 13212 of this title.
(B) Review, evaluation, and new regulationsNot later than December 31, 2010, the Secretary shall—
(i) review the regulations promulgated under subparagraph (A);
(ii) evaluate any progress made toward achieving energy savings by Federal agencies; and
(iii) promulgate new regulations for the period of 2011 through 2015 to achieve additional energy savings by Federal agencies relating to technical and cost-performance standards.
(2) Offsetting energy savings goals
(d) Cooperative program with State agencies
(1) In general
(2) Incentives
(e) Authorization of appropriationsThere is authorized to be appropriated to carry out this section—
(1) $15,000,000 for fiscal year 2008;
(2) $25,000,000 for fiscal year 2009;
(3) $65,000,000 for fiscal year 2010; and
(4) such sums as are necessary for each of fiscal years 2011 through 2015.
(Pub. L. 109–58, title VII, § 782, Aug. 8, 2005, 119 Stat. 835.)
§ 16123. Federal procurement of stationary, portable, and micro fuel cells
(a) PurposesThe purposes of this section are—
(1) to stimulate acceptance by the market of stationary, portable, and micro fuel cells; and
(2) to support development of technologies relating to stationary, portable, and micro fuel cells.
(b) Federal leases and purchases
(1) In general
(2) Costs of leases and purchases
(A) In general
(B) Competitive costs and management structuresIn carrying out subparagraph (A), the Secretary, in consultation with the agency, may use the General Services Administration or any commercial vendor to ensure—
(i) a cost-effective purchase of a stationary, portable, or micro fuel cell; or
(ii) a cost-effective management structure of the lease of a stationary, portable, or micro fuel cell.
(3) Exception
(A) In general
(B) ConsiderationIn making a determination under subparagraph (A), the Secretary shall consider—
(i) the needs of the agency; and
(ii) an evaluation performed by—(I) the Task Force; or(II) the Technical Advisory Committee of the Task Force.
(c) Energy savings goals
(d) Authorization of appropriationsThere is authorized to be appropriated to carry out this section—
(1) $20,000,000 for fiscal year 2006;
(2) $50,000,000 for fiscal year 2007;
(3) $75,000,000 for fiscal year 2008;
(4) $100,000,000 for fiscal year 2009;
(5) $100,000,000 for fiscal year 2010; and
(6) such sums as are necessary for each of fiscal years 2011 through 2015.
(Pub. L. 109–58, title VII, § 783, Aug. 8, 2005, 119 Stat. 837.)