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New LPDD Model Laws on Hydrogen Fuel Cell Vehicle Refueling Infrastructure

August 28, 2020

The LPDD team is proud to announce the publication of two new model laws relating to refueling infrastructure for hydrogen fuel cell vehicles. These model laws would (1) create a federal tax credit for refueling stations, which law is available here; and (2) create a federal funding program for hydrogen refueling stations, which law is available here. The model laws received peer review from Kim Faith and Marc Melaina.

Excerpted from the introductory memorandum to the model tax credit law:

The lack of infrastructure for out-of-state travel is a major impediment to the adoption of hydrogen fuel cell vehicles (HFCVs). A major obstacle to the development of such infrastructure is the enormous capital investment required to construct and equip a hydrogen refueling station. The costs of building a station in California, e.g., have been benchmarked at approximately $2.8 million for stations with an approximate 450 kg/day capacity. Due to such costs, recent studies suggest that launching hydrogen refueling infrastructure on a national scale sufficient to foster substantial increased manufacturing and sales of fuel cell electric vehicles will likely take at least ten years and cost tens of billions of dollars. 

The proposed statute would provide financial assistance for the development of hydrogen refueling infrastructure in the U.S. by creating a tax credit equal to 30 percent of the capital costs of stationary hydrogen refueling infrastructure equipment, including the equipment itself and any shipping, installation, commissioning, or other standard service costs included by the equipment supplier in the purchase of the equipment. The credit would be available for tax years beginning after December 31, 2020, and remain available for a period of ten years, expiring on December 31, 2030.

 

Excerpted from the introductory memorandum to the federal funding program law:

The proposed statute aims to increase demand for HFCVs by addressing the lack of hydrogen refueling infrastructure in the U.S.. It would do so by creating a federal capital grant program to provide developers of such stations with funding to defray half of the costs of equipping stations with hydrogen refueling infrastructure along Federal Highway Administration’s designated alternative fuel corridors. In light of a recent NREL Report, which maps an appropriate national network (approximately 1,500-3,300 hydrogen stations by 2035) and the fact that the average station cost is in the range of $3M (of which the federal government would pay half), the statute proposes allocating a total of $2.5 billion in the first six years of the program, such that the funding, which must be largely dispensed within two years of allocation, may incentivize the completed development of more than 1,500 hydrogen stations nationwide within a decade of its enactment.

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Creation of the site was generously supported by the Andrew Sabin Family Foundation.
© 2021 Sabin Center for Climate Change Law

This website provides educational information. It does not, nor is it intended to, provide legal advice. No attorney-client relationship is established by use of this site. Consult with an attorney for any needed legal advice. There is no warranty of accuracy, adequacy or comprehensiveness. Those who use information from this website do so at their own risk.

Laws vary considerably from jurisdiction to jurisdiction. The model legal documents on this website are not specific to any jurisdiction. They should be viewed solely as a starting point for legislators, policymakers and interested stakeholders, and would need to be adapted and modified to the particularities of local, county, state, federal and other legal systems in consultation with an attorney licensed to practice and experienced in the drafting and enactment of legislation in that jurisdiction.

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