Title 42, The Public Health and WelfareRelease 119-110

§16122 Federal and State Procurement of Fuel Cell Vehicles and Hydrogen Energy Systems

Title 42 › CHAPTER 149 — NATIONAL ENERGY POLICY AND PROGRAMS › SUBCHAPTER VII — VEHICLES AND FUELS › Part E — Federal and State Procurement › § 16122

Last updated Sep 23, 2026|Official source

Summary

Federal agencies that run car or truck fleets must lease or buy fuel cell vehicles and hydrogen energy systems by January 1, 2010 to help meet agency energy‑saving goals. The Secretary must make rules by December 31, 2006 for the 2008–2010 period (including expanding fleet requirements and credits), and must review progress by December 31, 2010 and issue new rules for 2011–2015 to get more energy savings and set technical and cost‑performance standards. The Secretary can use demo vehicles to meet the requirement. The Secretary will pay or share the extra cost of fuel cell vehicles compared with a feasible alternative and may use the General Services Administration or private vendors to get cost‑effective purchases or leases. An agency is excused if the Secretary finds no efficient, reliable fuel cell option, after considering the agency’s needs and evaluations by the Task Force or the Technical Advisory Committee. Agencies may count these leases or purchases toward their energy‑saving goals. The Secretary may run a cooperative program with State fleet agencies and offer incentive payments to help with planning, higher purchase costs, and administration. Money is authorized to carry out the program: $15,000,000 for FY2008, $25,000,000 for FY2009, $65,000,000 for FY2010, and such sums as needed for FY2011 through FY2015.

Full Legal Text

Title 42, §16122

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Purposes

The 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, 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

Not later than January 1, 2010, the head of any Federal agency that uses a light-duty or heavy-duty vehicle fleet shall lease or purchase fuel cell vehicles and hydrogen energy systems to meet any applicable energy savings goal described in subsection (c).

(B)Learning demonstration vehicles

The Secretary may lease or purchase appropriate vehicles developed under subsections (a)(10) and (b)(1)(A) of section 16157 of this title to meet the requirement in subparagraph (A).

(2)Costs of leases and purchases

(A)In general

The 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 structures

In 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

If the Secretary determines that the head of an agency described in paragraph (1) cannot find an appropriately efficient and reliable fuel cell vehicle or hydrogen energy system in accordance with paragraph (1), that agency shall be excepted from compliance with paragraph (1).

(B)Consideration

In 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)Regulations

Not 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 regulations

Not 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

An agency that leases or purchases a fuel cell vehicle or hydrogen energy system in accordance with subsection (b)(1) may use that lease or purchase to count toward an energy savings goal of the agency.

(d)Cooperative program with State agencies

(1)In general

The Secretary may establish a cooperative program with State agencies managing motor vehicle fleets to encourage purchase of fuel cell vehicles by the agencies.

(2)Incentives

In carrying out the cooperative program, the Secretary may offer incentive payments to a State agency to assist with the cost of planning, differential purchases, and administration.

(e)Authorization of appropriations

There is authorized to be appropriated to carry out this section— (1)

(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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 16122

Title 42, The Public Health and Welfare

Last Updated

Sep 23, 2026

Release point: 119-110