ARTICLE 15. Clean Hydrogen [12100.160 - 12100.163]
( Article 15 added by Stats. 2022, Ch. 570, Sec. 4. )
(a) The Legislature finds and declares all of the following:
(1) On November 15, 2021, President Biden signed the Infrastructure Investment and Jobs Act (IIJA) (Public Law 117-58), a once-in-a-generation investment in infrastructure that appropriates more than sixty two billion dollars ($62,000,000,000) to the United States Department of Energy (DOE) to deliver a more equitable clean energy future for the American people.
(2) Among other things, IIJA authorizes DOE to establish a program to support the development of at least four regional clean hydrogen hubs. IIJA’s regional clean hydrogen hubs program presents an important opportunity for the state to further its clean
and renewable technology infrastructure, to solidify itself as a global leader in clean hydrogen, and to create long-term skilled employment opportunities for its residents, including those in historically marginalized and disadvantaged communities.
(3) In June 2022, DOE’s Office of Clean Energy Demonstrations (OCED) issued a Notice of Intent to Issue Funding Opportunity Announcement (FOA) No. DE-FOA-0002779: Regional Clean Hydrogen Hubs. As set forth in the notice of intent, OCED anticipates issuing FOA No. DE-FOA-0002779 in September or October of 2022. DOE anticipates awarding grants to single-entity applicants that may include numerous key partners or subrecipients.
(4) The Governor’s Office of Business and Economic Development desires to facilitate the submission of an application in response to FOA No. DE-FOA-0002779 and to receive funding from the regional clean hydrogen
hubs program for California. Because DOE anticipates issuing FOA No. DE-FOA-0002779 in September or October of 2022, the office needs the authority to quickly develop a workgroup with the expertise necessary to prepare, submit, and otherwise advance a competitive application.
(b) It is the intent of the Legislature to continue to collaborate with stakeholders to further identify beneficial uses of hydrogen to lower greenhouse gas and criteria emissions from the power sector as well as statutory and policy changes needed to facilitate those beneficial uses.
(Added by Stats. 2022, Ch. 570, Sec. 4. (AB 157) Effective September 27, 2022. Repealed as of July 1, 2025, pursuant to Section 12100.163.)
For purposes of this article, the following definitions apply:
(a) “Clean hydrogen” means hydrogen produced from eligible renewable energy resources, as defined in Section 399.12 of the Public Utilities Code, and otherwise consistent with the standard set forth in Section 16166(b)(1)(B) of Title 42 of the United States Code, or as that standard is revised or supplemented by the State Air Resources Board consistent with the determination made by the Secretary of Energy pursuant to Section 16166(b)(2) of Title 42 of the United States Code.
(b) “Office” means the Governor’s Office of Business and Economic Development.
(c) “Regional
clean hydrogen hubs program” means the federal regional clean hydrogen hubs program established by the Secretary of Energy pursuant to Section 16161a of Title 42 of the United States Code.
(Added by Stats. 2022, Ch. 570, Sec. 4. (AB 157) Effective September 27, 2022. Repealed as of July 1, 2025, pursuant to Section 12100.163.)
(a) The office may undertake measures that are necessary or useful to prepare and submit an application to receive funding from the regional clean hydrogen hubs program or to otherwise participate in the regional clean hydrogen hubs program.
(b) Grants made from any funding received from the regional clean hydrogen hubs program shall support projects in California that do both of the following:
(1) Demonstrate and scale the production, processing, delivery, storage, or end-use of clean hydrogen, or any combination of these.
(2) Advance progress toward a goal to produce or use at least 15,000 tons per day of
clean hydrogen in California by 2030.
(c) Grants made from any funding received from the regional clean hydrogen hubs program shall prioritize projects that do any of the following:
(1) Help achieve economies of scale and reduce the cost of clean hydrogen production in California from renewable feedstocks or eligible renewable energy resources and zero-carbon resources.
(2) Advance state greenhouse gas emission reduction goals.
(3) Maximize socioeconomic, workforce, equity, air quality, and health benefits.
(d) The office shall submit a report to the relevant budget and policy committees of the Legislature on or before March 1, 2023, and annually thereafter, regarding the status of an
application submitted to receive funding from the regional clean hydrogen hubs program and the status of any partnerships entered into pursuant to this section.
(e) In undertaking the duty described in subdivision (a), the office shall consult with and coordinate clean hydrogen-related efforts with relevant stakeholders, including, but not limited to, federal agencies, state agencies, local governments, transit agencies, ports, and utilities.
(Added by Stats. 2022, Ch. 570, Sec. 4. (AB 157) Effective September 27, 2022. Repealed as of July 1, 2025, pursuant to Section 12100.163.)
This article shall remain in effect only until July 1, 2025, and as of that date is repealed.
(Amended by Stats. 2023, Ch. 131, Sec. 77. (AB 1754) Effective January 1, 2024. Repealed as of July 1, 2025, by its own provisions. Note: Repeal affects Article 15, commencing with Section 12100.160.)