[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 805 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 805

   To provide incentives for the use of hydrogen fuel, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 5, 2007

 Mr. Doyle (for himself, Mr. Terry, Mr. Wamp, and Mr. Wynn) introduced 
  the following bill; which was referred to the Committee on Ways and 
    Means, and in addition to the Committees on Transportation and 
Infrastructure and Energy and Commerce, 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 provide incentives for the use of hydrogen fuel, 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. TAX CREDIT FOR HYDROGEN FUEL.

    (a) In General.--Subpart B of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 is amended by adding at the end 
the following new section:

``SEC. 30D. HYDROGEN CREDIT.

    ``(a) Credit Allowed.--There shall be allowed as a credit against 
the tax imposed by this chapter for the taxable year the sum of the 
qualified hydrogen expenditure amounts for each qualified hydrogen 
device of the taxpayer.
    ``(b) Qualified Hydrogen Expenditure Amount.--For purposes of this 
section, the term `qualified hydrogen expenditure amount' means, with 
respect to each qualified hydrogen energy conversion device of the 
taxpayer, the lesser of--
            ``(1) 30 percent of the amount paid or incurred by the 
        taxpayer during the taxable year for hydrogen which is consumed 
        by such device, and
            ``(2) $1,500.
In the case of any device which is not owned by the taxpayer at all 
times during the taxable year, the $1,500 amount in paragraph (2) shall 
be reduced by an amount which bears the same ratio to $1,500 as the 
portion of the year which such device is not owned by the taxpayer 
bears to the entire year.
    ``(c) Qualified Hydrogen Energy Conversion Devices.--For purposes 
of this section--
            ``(1) In general.--The term `qualified hydrogen energy 
        conversion device' means, with respect to any taxpayer, any 
        hydrogen energy conversion device which is placed in service 
        after December 31, 2004, and which is wholly owned by the 
        taxpayer during the taxable year. If an owner of a device 
        (determined without regard to this paragraph) provides to the 
        primary user of such device a written statement that such user 
        shall be treated as the owner of such device for purposes of 
        this section, then such user (and not such owner) shall be so 
        treated.
            ``(2) Hydrogen energy conversion device.--The term 
        `hydrogen energy conversion device' means--
                    ``(A) any electrochemical device which converts 
                hydrogen into electricity, and
                    ``(B) any combustion engine which burns hydrogen as 
                a fuel.
    ``(d) Application With Other Credits.--
            ``(1) Business credit treated as part of general business 
        credit.--So much of the credit which would be allowed under 
        subsection (a) for any taxable year (determined without regard 
        to this subsection) that is attributable to amounts which (but 
        for subsection (e) would be allowed as a deduction under 
        section 162 shall be treated as a credit listed in section 
        38(b) for such taxable year (and not allowed under subsection 
        (a)).
            ``(2) Personal credit.--The credit allowed under subsection 
        (a) (after the application of paragraph (1)) for any taxable 
        year shall not exceed the excess (if any) of--
                    ``(A) the regular tax liability (as defined in 
                section 26(b)) reduced by the sum of the credits 
                allowable under subpart A and sections 27, 30, 30B, and 
                30C, over
                    ``(B) the tentative minimum tax for the taxable 
                year.
    ``(e) Denial of Double Benefit.--For purposes of determining any 
deduction or any other credit under this subtitle, the amounts paid or 
incurred by the taxpayer for hydrogen which is taken into account under 
this section shall be reduced by the amount of the credit allowed under 
this section.
    ``(f) Termination.--This section shall not apply to amounts paid or 
incurred after December 31, 2015.''.
    (b) Conforming Amendments.--
            (1) Section 38(b) of such Code is amended by striking 
        ``plus'' at the end of paragraph (30), by striking the period 
        at the end of paragraph (31) and inserting ``plus'', and by 
        adding at the end the following new paragraph:
            ``(32) the portion of the hydrogen credit to which section 
        30D(d)(1) applies.''.
            (2) Section 55(c)(3) of such Code is amended by inserting 
        ``30D(d)(2),'' after ``30C(d)(2),''.
            (3) The table of sections for subpart B of part IV of 
        subchapter A of chapter 1 of such Code is amended by adding at 
        the end the following new item:

``Sec. 30D. Hydrogen credit.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to amounts paid or incurred after December 31, 2007, in taxable 
years ending after such date.

SEC. 2. EXTENSION OF EXISTING TAX CREDITS FOR FUEL CELL AND 
              MICROTURBINE PROPERTY.

    (a) Residential Energy Efficient Property.--Subsection (g) of 
section 25D of the Internal Revenue Code of 1986 is amended by 
inserting ``(December 31, 2013, in the case of qualified fuel cell 
property)'' before the period at the end.
    (b) Energy Credit.--
            (1) Fuel cell property.--Subparagraph (E) of section 
        48(c)(1) of such Code is amended by striking ``December 31, 
        2008'' and inserting ``December 31, 2013''.
            (2) Microturbine property.--Subparagraph (E) of section 
        48(c)(2) of such Code is amended by striking ``December 31, 
        2008'' and inserting ``December 31, 2013''.

SEC. 3. SECONDARY FUEL CELL POWER SOURCES FOR NEW PUBLIC BUILDINGS.

    Section 3305 of title 40, United States Code, is amended by adding 
at the end the following:
    ``(f) Secondary Fuel Cell Power Sources for New Public Buildings.--
            ``(1) In general.--A public building may not be constructed 
        after December 31, 2008, that will be in excess of 50,000 
        square feet, unless the building has a fuel cell (as defined in 
        section 781 of the Energy Policy Act of 2005 (42 U.S.C. 16121; 
        119 Stat. 835)) as an independent, backup source of electric 
        power.
            ``(2) Size and use of fuel cell.--A fuel cell installed 
        under this subsection in a building must have the capacity, and 
        shall be used, to provide electric power for critical and 
        essential functions and operations being conducted in the 
        building during peak hours of electricity usage and during 
        power outages.
            ``(3) Consideration for base load power supply.--In 
        carrying out this subsection, the Administrator shall consider 
        the use of a fuel cell to be installed or installed in a 
        building under this subsection for use in meeting the base load 
        electric power needs of the building.
            ``(4) Limitation.--This subsection shall not apply to a 
        public building that is under construction on December 31, 
        2008.''.

SEC. 4. UNIFORMITY OF HYDROGEN STORAGE AND TRANSPORTATION REGULATIONS.

    (a) Purposes.--The purposes of this section are--
            (1) to prepare Federal, State, and local regulatory 
        agencies for the smooth commercialization of hydrogen and fuel 
        cell devices and fueling stations and smooth transition from a 
        hydrocarbon economy to hydrogen economy; and
            (2) to ensure comprehensive coordination among these 
        agencies to develop and utilize the necessary enabling 
        regulations that ensure public safety, commercial development 
        of hydrogen and fuel cell devices and fueling stations, and a 
        smooth transition from a hydrocarbon economy to hydrogen 
        economy.
    (b) Study and Report.--
            (1) In general.--Not later than January 1, 2008, the 
        Secretary of Transportation, in cooperation with the 
        Secretaries of Energy, Commerce, Defense, and the heads of 
        other appropriate Federal agencies, shall establish an 
        interagency task force and comprehensive study team to--
                    (A) study and identify the regulatory actions that 
                will be needed to ensure a safe, smooth transition--
                            (i) to commercialization of hydrogen and 
                        fuel cell devices and fueling stations; and
                            (ii) from a hydrocarbon economy to hydrogen 
                        economy; and
                    (B) design a uniform regulatory approach to such 
                transition that ensures public safety.
            (2) Participation of state agencies.--The Secretary of 
        Transportation may also include in the task force and study 
        team to be established under paragraph (1) the heads of those 
        State agencies that the Secretary determines are most likely to 
        be instrumental in leading the effort toward commercialization 
        of hydrogen and fuel cell devices and fueling stations and will 
        have responsibility for implementing the regulations issued as 
        a result of the regulating actions referred to in paragraph 
        (1).
            (3) Report.--Not later than January 1, 2010--
                    (A) the task force and study team established under 
                paragraph (1) shall complete the identification of the 
                regulatory actions described in paragraph (1) and the 
                study, and design of the uniform regulatory approach, 
                under paragraph (1); and
                    (B) the Secretary shall submit to Congress a report 
                on the results of the identification process, study, 
                and design process, together with proposed legislation 
                that the Secretary recommends to facilitate such 
                regulatory actions or as being necessary for commercial 
                development and hydrogen and fuel cell devices and 
                fueling stations and a smooth transition from a 
                hydrocarbon economy to hydrogen economy.
    (c) Training and Familiarization Program.--
            (1) Establishment.--The Secretary of Transportation, in 
        cooperation with the task force and study team established 
        under subsection (b), shall establish a cooperative, cost-
        shared training and familiarization program to facilitate 
        commercial development and hydrogen and fuel cell devices and 
        fueling stations and a smooth transition from a hydrocarbon 
        economy to hydrogen economy.
            (2) Cost-sharing agreements.--Under the program, the 
        Secretary shall enter into cost-sharing agreements with State 
        and local governments and other persons that require the 
        Secretary to provide for employees of, and individuals 
        providing contracted services for, such governments and persons 
        training and education regarding the uniform regulatory 
        approach designed under subsection (b).
            (3) Utilization of certain safety codes and standards.--In 
        providing training and education under this subsection, the 
        Secretary shall utilize the safety codes and standards being 
        developed under section 809(b) of the Energy Policy Act of 2005 
        (42 U.S.C. 16158; 119 Stat. 851).
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $4,000,000 for each of the 
fiscal years 2008 through 2012.
                                 <all>