The LPDD team is proud to announce the publication of two new model laws and a best practices guide addressing hydrogen fueling stations for heavy duty vehicles. They were authored by Frank A. Fritz, III, Senior Fellow & Adjunct Professor at the UNLV William S. Boyd School of Law. The new model laws address the adoption of the NFPA hydrogen technologies code, and making regular updates to fire codes. The best practices guide addresses the streamlining of siting, permitting, and construction of hydrogen fueling stations.
The following notes are excerpted from the introductions to these new model documents:
- Model Local Ordinance Adopting NFPA Hydrogen Technologies Code: Hydrogen fuel cell vehicles are one of the most promising technologies for reducing greenhouse gas emissions from heavy-duty vehicles (e.g., trucks and buses). Hydrogen fuel cell vehicles face a number of barriers, including lack of an adequate network of hydrogen fueling stations. The most important requirements for hydrogen fueling stations are the safety standards codified in the National Fire Protection Association 2, Hydrogen Technologies Code (“NFPA 2”). The code provides fundamental safeguards for, among other things, handling liquid and gaseous hydrogen; preventing explosions; and safe design and operation of hydrogen fueling facilities, hydrogen fuel cell power systems and hydrogen generation systems. This code is, therefore, a municipal ordinance that adopts NFPA 2. It is based on NFPA 2, Annex C, Sample Ordinance Adopting NFPA 2. The model provides for enforcement through a misdemeanor with fines and imprisonment, and authorizes legal proceedings to correct violations. The model includes provisions for local amendments, repeal of conflicting ordinances, publishing the ordinance according to the jurisdiction’s procedural requirements, severability, and an effective date.
- Model State Statute on Updating Fire Codes Periodically: As noted above, the most important requirements for hydrogen fueling stations are the safety standards codified in the National Fire Protection Association 2, Hydrogen Technologies Code (“NFPA 2”). Some states, however, have adopted an edition of a national model fire code that is out of date. To deal with this problem, a state can pass legislation to ensure that its fire code is regularly updated. The model given here is based on a Florida statute. It requires the State Fire Marshal (or an equivalent state official) to adopt the current edition of a national model fire code as the state fire code, and update it every three years. It provides for regional and local amendments, if desired, and correction of errors.
- Best Practices Guide to Streamlining Siting, Permitting, and Construction of Hydrogen Fueling Stations: This best practices guide addresses how to overcome economic barriers to hydrogen fueling stations, and avoid time-consuming pitfalls in the siting, permitting, and construction processes.