Title 42, The Public Health and WelfareRelease 119-110

§16123 Federal Procurement of Stationary, Portable, and Micro Fuel Cells

Title 42 › CHAPTER 149 — NATIONAL ENERGY POLICY AND PROGRAMS › SUBCHAPTER VII — VEHICLES AND FUELS › Part E — Federal and State Procurement › § 16123

Last updated Sep 22, 2026|Official source

Summary

Federal agencies that use electric power must lease or buy stationary, portable, or micro fuel cells by January 1, 2006 when doing so helps them meet their energy savings goals. The rule is meant to help these kinds of fuel cells gain market acceptance and to support their technology development. Agencies may count these leases or purchases toward the energy savings target in section 16157. The Secretary, working with the Task Force and its Technical Advisory Committee, must pay or share the cost of those leases or purchases. The Secretary can use the General Services Administration or private vendors to get a cost-effective purchase or lease plan. An agency is excused if the Secretary finds no suitably efficient and reliable fuel cell after considering the agency’s needs and reviews by the Task Force or its committee. Funding is authorized as follows: $20,000,000 for FY2006; $50,000,000 for FY2007; $75,000,000 for FY2008; $100,000,000 for FY2009; $100,000,000 for FY2010; and such sums as necessary for FY2011–2015.

Full Legal Text

Title 42, §16123

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 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

Not later than January 1, 2006, the head of any Federal agency that uses electrical power from stationary, portable, or microportable devices shall lease or purchase a stationary, portable, or micro fuel cell to meet any applicable energy savings goal described in subsection (c).

(2)Costs of leases and purchases

(A)In general

The Secretary, in cooperation with the Task Force and the Technical Advisory Committee, shall pay the cost to Federal agencies (or share the cost under interagency agreements) of leasing or purchasing stationary, portable, and micro fuel cells under paragraph (1).

(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 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

If the Secretary determines that the head of an agency described in paragraph (1) cannot find an appropriately efficient and reliable stationary, portable, or micro fuel cell 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 of the Task Force.

(c)Energy savings goals

An agency that leases or purchases a stationary, portable, or micro fuel cell in accordance with subsection (b)(1) may use that lease or purchase to count toward an energy savings goal described in section 16157 of this title that is applicable to the agency.

(d)Authorization of appropriations

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

(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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 16123

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110