1996 Hydrogen Future Act
h2glow2.gif (16911 bytes)  The California Hydrogen Business Council
For release: October 10, 1996

UNITED STATES HOUSE OF REPRESENTATIVES

Committee on Science

ROBERT S. WALKER, PENNSYLVANIA, CHAIRMAN

George E. Brown, Jr., California, Ranking Democrat Member

PRESIDENT SIGNS WALKER HYDROGEN INITIATIVE INTO LAW

Washington, DC - October 10, 1996 -- House Science Committee Chairman Robert S. Walker's (R-PA) years of advocacy to dedicate more research and development into hydrogen as an alternative fuel resource ended in success yesterday when President Bill Clinton signed the Hydrogen Future Act, H.R. 4138, into law.

The main purpose of the Hydrogen Future Act is to provide for a basic research and development program, under the auspices of the Department of Energy (DOE), to explore the uses of hydrogen as a fuel which will encourage private sector investment in the development of new and better enabling technologies. H.R. 4138 directs the Secretary of Energy to focus more resources into basic research on this abundant and renewable fuel. Hydrogen is the perfect transition fuel for the future because it can be utilized in air transportation, ground transportation, stationary utility use and heating and cooling. Producing only water as a by-product, hydrogen is the cleanest alternative fuel resource available.

Stated Chairman Walker on the President's signing of the Hydrogen Future Act, "I am pleased the President joined with the 104th Congress to take the next step towards developing our most promising, environmentally-friendly fuel resource. Over the years, I have been asked, why hydrogen? Hydrogen is one of the solutions for the energy needs of the future. I believe it is one of the best solutions because it is abundant, clean, renewable, and can be used as an energy source in almost everything."

The passage and signing of the Hydrogen Future Act signifies Chairman Walker's twenty years of advocating research and development in hydrogen as an alternative fuel resource. During the 1980's and 1990's, the Science Committee held several hearings on hydrogen, and Congress eventually passed legislation directing DOE to provide a separate line item for hydrogen research in its budget request. In 1990, Congress passed the Spark M. Matsunaga Hydrogen Research Development, and Demonstration Program Act (P.L. 101-566). This legislation directed DOE to develop a Hydrogen Implementation Plan which was completed in 1993, however, hydrogen R&D failed to receive a high priority in DOE budgets over the ensuing years and Chairman Walker intensified his congressional efforts.

In 1994, Chairman Walker was recognized by the National Hydrogen Association for his leadership on hydrogen by receiving the Spark M. Matsunaga Memorial Hydrogen Award. Last year, H.R. 655, a similar bill, passed the House with an overwhelming majority on May 2, 1995. H.R. 4138, which was approved by Congress on September 28, 1996, incorporates some changes made to the earlier bill to accommodate interests of Members of the Senate. A public law number has not yet been assigned.


Hydrogen Future Act of 1996
    
Public Law 104-271

H.R. 4138
(Now Public Law 104-271)

Hydrogen Future Act of 1996
[Enrolled Bill (Sent to President)]

One Hundred Fourth Congress
of the
United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Wednesday, the
third day of January, one thousand nine hundred and ninety-six.

An Act

To authorize the hydrogen research, development, and demonstration
programs of the Department of Energy, 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 Future Act of 1996.’

SEC. 2. DEFINITIONS.

 

For purposes of Titles II and III—
  • the term ‘Department’ means the Department of Energy; and
  • the term ‘Secretary’ means the Secretary of Energy.


TITLE I—HYDROGEN

SEC. 101. PURPOSES AND DEFINITIONS.

  1. Section 102(b)(1) of Public Law 101-566 (42 U.S.C. 12401(b)(1)) is amended to read as follows:

    ‘(1) to direct the Secretary of Energy to conduct a research, development, and demonstration program leading to the production, storage, transport, and use of hydrogen for industrial, residential, transportation, and utility applications;’

  2. Section 102(c) of Public Law 101-566 (42 U.S.C. 12401(c)) is amended—
    1. in subsection (1) by striking ‘; and’ inserting ‘;’;
    2. by redesignating subsection (2) as subsection (3); and
    3. by inserting before subsection (3) (as redesignated) the following new subsection:

      ‘(2) ‘Department’ means the Department of Energy; and’.

SEC. 102. REPORTS TO CONGRESS.

  1. Section 103 of Public Law 101-566 (42 U.S.C. 12402) is amended to read as follows:

    ‘Sec. 103. Report to Congress

    ‘(a) Not later than January 1, 1999, the Secretary shall transmit to Congress a detailed report on the status and progress of the programs authorized under this Act.

    ‘(b) A report under subsection (a) shall include, in addition to any views and recommendations of the Secretary—

    ‘(1) an analysis of the effectiveness of the programs authorized under this chapter, to be prepared and submitted to the Secretary by the Hydrogen Technical Advisory Panel established under section 108 of this Act; and

    ‘(2) recommendations of the Hydrogen Technical Advisory Panel for any improvements in the program that are needed, including recommendations for additional legislation.’.

  2. Section 108(d) of Public Law 101-566 (42 U.S.C. 12407(d)) is amended—
    1. by adding ‘and’ at the end of paragraph (1);
    2. by striking ‘; and’ at the end of paragraph (2) and inserting a period; and
    3. by striking paragraph (3).

SEC. 103. HYDROGEN RESEARCH AND DEVELOPMENT.

  1. Section 104 of Public Law 101-566 (42 U.S.C. 12403) is amended to read as follows:

    ‘Sec. 104. Hydrogen Research and Development

    ‘(a) The Secretary shall conduct a hydrogen research and development program relating to production, storage, transportation, and use of hydrogen, with the goal of enabling the private sector to demonstrate the technical feasibility of using hydrogen for industrial, residential, transportation, and utility applications.

    ‘(b) In conducting the program authorized by this section, the Secretary shall—

    ‘(1) give particular attention to developing an understanding and resolution of critical technical issues preventing the introduction of hydrogen into the marketplace;

    ‘(2) initiate or accelerate existing research in critical technical issues that will contribute to the development of more economic hydrogen production and use, including, but not limited to, critical technical issues with respect to production (giving priority to those production techniques that use renewable energy resources as their primary source of energy for hydrogen production), liquefaction, transmission, distribution, storage, and use (including use of hydrogen in surface transportation); and

    ‘(3) survey private sector hydrogen activities and take steps to ensure that research and development activities under this section do not displace or compete with the privately funded hydrogen research and development activities of United States industry.

    ‘(c) The Secretary is authorized to evaluate any reasonable new or improved technology, including basic research on highly innovative energy technologies, that could lead or contribute to the development of economic hydrogen production, storage, and utilization.

    ‘(d) The Secretary is authorized to evaluate any reasonable new or improved technology that could lead or contribute to, or demonstrate the use of, advanced renewable energy systems or hybrid systems for use in isolated communities that currently import diesel fuel as the primary fuel for electric power production.

    ‘(e) The Secretary is authorized to arrange for tests and demonstrations and to disseminate to researchers and developers information, data, and other materials necessary to support the research and development activities authorized under this section and other efforts authorized under this chapter, consistent with section 106 of this Act.

    ‘(f) The Secretary shall carry out the research and development activities authorized under this section only through the funding of research and development proposals submitted by interested persons according to such procedures as the Secretary may require and evaluate on a competitive basis using peer review. Such funding shall be in the form of a grant agreement, procurement contract, or cooperative agreement (as those terms are used in chapter 63 of title 31, United States Code).

    ‘(g) The Secretary shall not consider a proposal submitted by a person from industry unless the proposal contains a certification that reasonable efforts to obtain non-Federal funding for the entire cost of the project have been made, and that such non-Federal funding could not be reasonably obtained. As appropriate, the Secretary shall require a commitment from non-Federal sources of at least 50 percent of the cost of the development portion of such a proposal.

    ‘(h) The Secretary shall not carry out any activities under this section that unnecessarily duplicate activities carried out elsewhere by the Federal Government or industry.

    ‘(i) The Secretary shall establish, after consultation with other Federal agencies, terms and conditions under which Federal funding will be provided under this chapter that are consistent with the Agreement on Subsidies and Countervailing Measures referred to in section 101(d)(12) of the Uruguay Round Agreement Act (19 U.S.C. 3511(d)(12)).’.

  2. (1) Section 2026(a) of the Energy Policy Act of 1992 (42 U.S.C. 13436(a)) is amended by striking ‘, in accordance with sections 3001 and 3002 of this Act,’.

    (2) Effective October 1, 1998, section 2026 of the Energy Policy Act of 1992 (42 U.S.C. 13436) is repealed.

SEC. 104. DEMONSTRATIONS.

Section 105 of Public Law 101-566 (42 U.S.C. 12404) is amended by adding at the end the following new subsection:

‘(c) The Secretary shall require a commitment from non-Federal sources of at least 50 percent of the cost of any demonstration conducted under this section.’.

SEC. 105. TECHNOLOGY TRANSFER.

Section 106(b) of Public Law 101-566 (42 U.S.C. 12405(b)) is amended by adding to the end of the subsection the following:

‘The Secretary shall also foster the exchange of generic, nonproprietary information and technology, developed pursuant to this chapter, among industry, academia, and the Federal Government, to help the United States economy attain the economic benefits of this information and technology.’.

SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

Section 109 of Public Law 101-566 (42 U.S.C. 12408) is amended—
  1. by striking ‘to other Acts’ and inserting ‘under other Acts’;
  2. by striking ‘and’ from the end of paragraph (2);
  3. by striking the period from the end of paragraph (3) and inserting ‘;’; and
  4. by adding at the end of the section the following:

    ‘(4) $14,500,000 for fiscal year 1996;

    ‘(5) $20,000,000 for fiscal year 1997;

    ‘(6) $25,000,000 for fiscal year 1998;

    ‘(7) $30,000,000 for fiscal year 1999;

    ‘(8) $35,000,000 for fiscal year 2000; and

    ‘(9) $40,000,000 for fiscal year 2001.’.


TITLE II—FUEL CELLS

SEC. 201. INTEGRATION OF FUEL CELLS WITH HYDROGEN PRODUCTION SYSTEMS.

  1. Not later than 180 days after the date of enactment of this section, and subject to the availability of appropriations made specifically for this section, the Secretary of Energy shall solicit proposals for projects to prove the feasibility of integrating fuel cells with—
    1. photovoltaic systems for hydrogen production; or
    2. systems for hydrogen production from solid waste via gasification or steam reforming.
  2. Each proposal submitted in response to the solicitation under this section shall be evaluated on a competitive [basis] using peer review. The Secretary is not required to make an award under this section in the absence of a meritorious proposals.
  3. The Secretary shall give preference, in making an award under this section, to proposals that—
    1. are submitted jointly from consortia including academic institutions, industry, State or local governments, and Federal laboratories; and
    2. reflect proven experience and capability with technologies relevant to the systems described in subsections (a)(1) and (a)(2).
  4. In the case of a proposal involving development or demonstration, the Secretary shall require a commitment from non-Federal sources of at least 50 percent of the cost of the development or demonstration portion of the proposal.
  5. The Secretary shall establish, after consultation with other Federal agencies, terms and conditions under which Federal funding will be provided under this title that are consistent with the Agreement on Subsidies and Countervailing Measures referred to in section 101(d)(12) of the Uruguay Round Agreement Act (19 U.S.C. 3511(d)(12)).

SEC. 202. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated, for activities under this section, a total of $50,000,000 for fiscal years 1997 and 1998, to remain available until September 30, 1999.


TITLE III—DOE SCIENTIFIC AND TECHNICAL PROGRAM QUALITY

SEC. 301. TEMPORARY APPOINTMENTS FOR SCIENTIFIC AND TECHNICAL EXPERTS IN DEPARTMENT OF ENERGY RESEARCH AND DEVELOPMENT PROGRAMS.

  1. The Secretary, utilizing authority under other applicable law and the authority of this section, may appoint for a limited term, or on a temporary basis, scientists, engineers, and other technical and professional personnel on leave of absence from academic, industrial, or research institutions to work for the Department.
  2. The Department may pay, to the extent authorized for certain other Federal employees by section 5723 of title 5, United States Code, travel expenses for any individual appointed for a limited term or on a temporary basis and transportation expenses of his or her immediate family and his or her household goods and personal effects from that individual’s residence at the time of selection or assignment to his or her duty station. The Department may pay such travel expenses to the same extent for such an individual’s return to the former place of residence from his or her duty station, upon separation from the Federal service following an agreed period of service. The Department may also pay a per diem allowance at a rate not to exceed the daily amounts prescribed under section 5702 of title 5 to such an individual, in lieu of transportation expenses of the immediate family and household goods and personal effects, for the period of his or her employment with the Department. Notwithstanding any other provision of law, the employer’s contribution to any retirement, life insurance, or health benefit plan for an individual appointed for a term of one year or less, which could be extended for no more than one additional year, may be made or reimbursed from appropriations available to the Department.

Speaker of the House of Representatives.
Vice President of the United States and President of the Senate.

 

 

 

 

 

 

 

 

THE ICHC SHORT LIST


1) The Riversimple Open Source Car Design

Are Our Designs Free?
Patrick's blog    40 Fires Foundation    June 19, 2009

How does open source car design work?
    The honest answer is that we won't know until we have done it. But we have plenty of ideas, which will develop over the coming months as we share the designs for the Riversimple technology demonstrator and start to produce collaboratively a production prototype.
    There are lots of inspiring examples from open source software, and we are being advised by people with experience in this area. But there are many differences between open source hardware and software design.

Differences between open source hardware and software
    There are some major differences between open source software and hardware design:

- There is a "gap" between the on-line design work and the finished product delivered to the consumer. Not only is there substantial physical testing to be done, but also there is significant work to be done to turn the designs into an actual functioning product (we like the analogy of a food recipe – a recipe is not a meal, you need a chef to turn it into a meal). The answer we believe lies in establishing the right relationship between 40 Fires and the manufacturers (the first of which is Riversimple), where each party has its needs met.

- There’s a technical challenge to share ideas on-line, where there is no satisfactory open source CAD (Computer-Aided Design) application. Our solution is to use a low tech approach at first, using a wiki-based website and freely available 3-D viewers to show the 3-D drawings. In time we may get involved in developing a OS CAD program.

- Licensing. We cannot simply take the standard OS software license (the GPL is the most common), since we are dealing with hardware, which is not so well protected by copyright. See further down for some thoughts on the licensing issues.

We'd like to hear from you!
    As in Open Source software projects, we are not attempting to do everything at once and we don’t have to. The designs that Riversimple is licensing to 40 Fires resemble in many ways the code base which a complex software project starts with.
    However, because a car is different to software and requires different development stages and processes, we will be asking for input into specific areas, as well as procedural matters.
    That's why we would like to hear from you, not only from engineers or designers, but also if you have contributed to large scale open source software projects and can help set up our project management structure. Lawyers with an understanding of copyright and patents would also be useful as we review the most appropriate license to use and if and how we should be using patents for some new inventions which emerge.
    To get involved, send an e-mail to participate@40fires.org explaining your interest and skills.

The stages
    We envisage different stages:

Stage 1  Over the coming months, starting this month (July 2009), we will make available design schematics from the Riversimple technology demonstrator vehicle, together with a description of each component's function in the whole system, and a vehicle design brief for the production prototype. We will provide a mailing list or discussion forum to enable comments and discussions. At this stage we expect Riversimple, as the creator of the original designs, to be leading the discussions.

Stage 2  As the detailed discussions develop, we expect a broad consensus to emerge amongst the participants as to which is the best solution to pursue for each design . By this stage, we expect the conversations to be more democratic, with a broad cross-section of collaborators participate, sharing their knowledge and insights.

Stage 3  We start creating detailed designs collaboratively and publishing them on-line. Eventually an entire vehicle will be created, and tested, on-line. We are aiming to complete the design of the production prototype by the summer of 2010.

Stage 4  Riversimple and other entrepreneurs, under license from 40 Fires, can start downloading the schematics and building and testing the vehicles. With the lessons from this, work can start on an improved production prototype.

Are our designs free (as in beer)?
    Richard Stallman famously said that free software is "free as in speech not free as in beer."

Are our designs free?
    We consider that the designs themselves will be free in the sense of free speech, with one exception. Currently we have chosen a Creative Commons, non-commercial license. So the designs can be used, modified, distributed under the same license terms but not for commercial purposes.
    We have chosen to be conservative at this stage and not allowed commercial use. This may change - we intend to set up a discussion group to debate this. The issue is that we don't want a large, profit-focused organisation taking the designs and starting manufacturing with them yet. We intend that when we grant a manufacturing license, this will be for a small fee (say $10 per car) to cover 40 Fires running costs.
    We are also keen on collaborating so if a commercial organisation wants to use the designs, we'd like to chat with them first before allowing them to use the designs for commercial purposes.
    The licensing issues are very complex (patent law is not copyright law; cars are not software) and we don't pretend to have all the answers. It is quite possible that our license may in the end not meet the strict requirements of the Free Software Foundation. But all we really care about is that the license works to ensure that the cars can be built in hundreds of different variations around the world, by local companies and entrepreneurs as well as big multinationals if they like, and that no one company (whether Ford or Riversimple) can dominate the market and keep the ideas to itself.