Bill Text: TX SB1727 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the use of the Texas emissions reduction plan fund.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-06-14 - Effective immediately [SB1727 Detail]
Download: Texas-2013-SB1727-Enrolled.html
S.B. No. 1727 |
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relating to the use of the Texas emissions reduction plan fund. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 386.051, Health and Safety Code, is | ||
amended by amending Subsection (b) and adding Subsection (b-1) to | ||
read as follows: | ||
(b) Under the plan, the commission and the comptroller shall | ||
provide grants or other funding for: | ||
(1) the diesel emissions reduction incentive program | ||
established under Subchapter C, including for infrastructure | ||
projects established under that subchapter; | ||
(2) the motor vehicle purchase or lease incentive | ||
program established under Subchapter D; | ||
(3) the air quality research support program | ||
established under Chapter 387; | ||
(4) the clean school bus program established under | ||
Chapter 390; | ||
(5) the new technology implementation grant program | ||
established under Chapter 391; | ||
(6) the regional air monitoring program established | ||
under Section 386.252(a) [ |
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(7) a health effects study as provided by Section | ||
386.252(a) [ |
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(8) air quality planning activities as provided by | ||
Section 386.252(a) [ |
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(9) a contract with the Energy Systems Laboratory at | ||
the Texas Engineering Experiment Station for computation of | ||
creditable statewide emissions reductions as provided by Section | ||
386.252(a)(14); | ||
(10) the clean fleet program established under Chapter | ||
392; | ||
(11) the alternative fueling facilities program | ||
established under Chapter 393; | ||
(12) the natural gas vehicle grant program and clean | ||
transportation triangle program established under Chapter 394; | ||
(13) other programs the commission may develop that | ||
lead to reduced emissions of nitrogen oxides, particulate matter, | ||
or volatile organic compounds in a nonattainment area or affected | ||
county; | ||
(14) other programs the commission may develop that | ||
support congestion mitigation to reduce mobile source ozone | ||
precursor emissions; and | ||
(15) the drayage truck incentive program established | ||
under Subchapter D-1 [ |
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(b-1) Under the plan, the commission may establish and | ||
administer other programs, including other grants or funding | ||
programs, as determined by the commission to be necessary or | ||
effective in fulfilling its duties and achieving the objectives | ||
described under Section 386.052. The commission may apply the | ||
criteria and requirements applicable to the programs under | ||
Subsection (b) to programs established under this subsection, or | ||
the commission may establish separate criteria and requirements as | ||
necessary to achieve the commission's objectives. The additional | ||
programs shall be consistent with and comply with all applicable | ||
laws, regulations, and guidelines pertaining to the use of state | ||
funds, the awarding and administration of grants and contracts, and | ||
achieving reductions in ozone precursors or particulate matter. | ||
Under this subsection, the commission may place a priority on | ||
programs that address the following goals: | ||
(1) reduction of emissions of oxides of nitrogen or | ||
particulate matter from heavy-duty on-road vehicles and non-road | ||
equipment, including drayage vehicles, locomotives, and marine | ||
vessels, at seaport facilities or servicing seaport facilities in | ||
nonattainment areas; and | ||
(2) reduction of emissions from the operation of | ||
drilling, production, completions, and related heavy-duty on-road | ||
vehicles or non-road equipment in oil and gas production fields | ||
where the commission determines that the programs can help prevent | ||
that area or an adjacent area from being in violation of national | ||
ambient air quality standards. | ||
SECTION 2. Subchapter B, Chapter 386, Health and Safety | ||
Code, is amended by adding Section 386.0515 to read as follows: | ||
Sec. 386.0515. AGRICULTURAL PRODUCT TRANSPORTATION | ||
PROJECTS. (a) In this section, "agricultural product | ||
transportation" means the transportation of a raw agricultural | ||
product from the place of production using a heavy-duty truck to: | ||
(1) a nonattainment area; | ||
(2) an affected county; | ||
(3) a destination inside the clean transportation | ||
triangle; or | ||
(4) a county adjacent to a county described by | ||
Subdivision (2) or that contains an area described by Subdivision | ||
(1) or (3). | ||
(b) Notwithstanding other eligibility requirements, the | ||
commission shall by rule or policy provide specific eligibility | ||
requirements under the Texas Clean Fleet Program established under | ||
Chapter 392 and under the Texas natural gas vehicle grant program | ||
established under Chapter 394, as added by Chapter 892 (Senate Bill | ||
No. 385), Acts of the 82nd Legislature, Regular Session, 2011, for | ||
projects relating to agricultural product transportation. | ||
(c) The determining factor for eligibility for | ||
participation in a program established under Chapter 392 or Chapter | ||
394, as added by Chapter 892 (Senate Bill No. 385), Acts of the 82nd | ||
Legislature, Regular Session, 2011, for a project relating to | ||
agricultural product transportation is the overall accumulative | ||
net reduction in emissions of oxides of nitrogen in a nonattainment | ||
area, an affected county, or the clean transportation triangle. | ||
SECTION 3. Subsection (b), Section 386.058, Health and | ||
Safety Code, is amended to read as follows: | ||
(b) The governor shall appoint to the advisory board: | ||
(1) a representative of the trucking industry; | ||
(2) a representative of the air conditioning | ||
manufacturing industry; | ||
(3) a representative of the electric utility industry; | ||
(4) a representative of regional transportation; and | ||
(5) a representative of the nonprofit organization | ||
described by Section 387.002 [ |
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SECTION 4. Section 386.104, Health and Safety Code, is | ||
amended by adding Subsection (f-1) to read as follows: | ||
(f-1) The commission may establish minimum percentage | ||
reduction standards alternative to the standards established under | ||
Subsection (f) as an incentive for the conversion of heavy-duty | ||
diesel on-road vehicle engines or non-road engines to operate under | ||
a dual-fuel configuration that uses natural gas and diesel fuels | ||
through an alternative fuel conversion system certified by the | ||
United States Environmental Protection Agency or the California Air | ||
Resources Board. In determining the emissions rate of the | ||
converted vehicle and engine to compute the emissions reductions | ||
that can be attributed to the conversion system, the commission may | ||
take into account whether the emissions certification requirements | ||
for the conversion system prevent fully accounting for the | ||
emissions reductions. If the commission determines it to be | ||
necessary and appropriate, the commission may consider under this | ||
subsection certified engine test information that demonstrates | ||
reductions of emissions of nitrogen oxides and other pollutants and | ||
other information to verify the emissions reductions. | ||
SECTION 5. Section 386.106, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 386.106. COST-EFFECTIVENESS CRITERIA; DETERMINATION | ||
OF GRANT AMOUNT. (a) Except as otherwise provided by statute, the | ||
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taxes, provides an amount that exceeds the incremental cost of the | ||
proposed project. | ||
(b) [ |
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capitalizing incremental lease costs so those costs may be offset | ||
by a grant under this subchapter. | ||
(c) [ |
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subchapter, the commission shall reduce the incremental cost of a | ||
proposed new purchase, lease, retrofit, repower, or add-on | ||
equipment project by the value of any existing financial incentive | ||
that directly reduces the cost of the proposed project, including | ||
tax credits or deductions, other grants, or any other public | ||
financial assistance. | ||
SECTION 6. Sections 386.152 and 386.153, Health and Safety | ||
Code, are amended to read as follows: | ||
Sec. 386.152. [ |
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REGARDING LIGHT-DUTY MOTOR VEHICLE PURCHASE OR LEASE INCENTIVE | ||
PROGRAM. (a) The [ |
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purchase or lease incentive program for new light-duty motor | ||
vehicles and shall adopt rules necessary to implement the program. | ||
(b) The program shall authorize statewide incentives for | ||
the purchase or lease[ |
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compressed natural gas, liquefied petroleum gas, or electric drives | ||
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agrees to register [ |
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vehicle in this state for a minimum period of time to be established | ||
by the commission [ |
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(c) Only one incentive will be provided for each new | ||
light-duty motor vehicle. The incentive shall be provided to the | ||
lessee and not to the purchaser if the motor vehicle is purchased | ||
for the purpose of leasing the vehicle to another person. | ||
Sec. 386.153. LIGHT-DUTY MOTOR VEHICLE PURCHASE OR LEASE | ||
INCENTIVE REQUIREMENTS [ |
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vehicle powered by compressed natural gas or liquefied petroleum | ||
gas is eligible for a $2,500 incentive if the vehicle: | ||
(1) has four wheels; | ||
(2) was originally manufactured to comply with and has | ||
been certified by an original equipment manufacturer or | ||
intermediate or final state vehicle manufacturer as complying with, | ||
or has been altered to comply with, federal motor vehicle safety | ||
standards, state emissions regulations, and any additional state | ||
regulations applicable to vehicles powered by compressed natural | ||
gas or liquefied petroleum gas; | ||
(3) was manufactured for use primarily on public | ||
streets, roads, and highways; | ||
(4) is rated at not more than 9,600 pounds unloaded | ||
vehicle weight; | ||
(5) has a dedicated or bi-fuel compressed natural gas | ||
or liquefied petroleum gas fuel system with a range of at least 125 | ||
miles as estimated, published, and updated by the United States | ||
Environmental Protection Agency; | ||
(6) has, as applicable, a: | ||
(A) compressed natural gas fuel system that | ||
complies with the: | ||
(i) 2013 NFPA 52 Vehicular Gaseous Fuel | ||
Systems Code; and | ||
(ii) American National Standard for Basic | ||
Requirements for Compressed Natural Gas Vehicle (NGV) Fuel | ||
Containers, commonly cited as "ANSI/CSA NGV2"; or | ||
(B) liquefied petroleum gas fuel system that | ||
complies with: | ||
(i) the 2011 NFPA 58 Liquefied Petroleum | ||
Gas Code; and | ||
(ii) Section VII of the 2013 ASME Boiler and | ||
Pressure Vessel Code; and | ||
(7) was acquired on or after September 1, 2013, or a | ||
later date established by the commission, by the person applying | ||
for the incentive under this subsection and for use or lease by that | ||
person and not for resale. | ||
(b) If the commission determines that an updated version of | ||
a code or standard described by Subdivision (a)(6) is more | ||
stringent than the version of the code or standard described by | ||
Subdivision (a)(6), the commission by rule may provide that a | ||
vehicle for which a person applies for an incentive under | ||
Subsection (a) is eligible for the incentive only if the vehicle | ||
complies with the updated version of the code or standard. | ||
(b-1) The incentive under Subsection (a) is limited to 2,000 | ||
vehicles for the state fiscal biennium beginning September 1, 2013. | ||
(c) A new light-duty motor vehicle powered by electric drive | ||
is eligible for a $2,500 incentive if the vehicle: | ||
(1) has four wheels; | ||
(2) was manufactured for use primarily on public | ||
streets, roads, and highways; | ||
(3) has not been modified from the original | ||
manufacturer's specifications; | ||
(4) is rated at not more than 8,500 pounds unloaded | ||
vehicle weight; | ||
(5) has a maximum speed capability of at least 55 miles | ||
per hour; | ||
(6) is propelled to a significant extent by an | ||
electric motor that draws electricity from a battery that: | ||
(A) has a capacity of not less than four kilowatt | ||
hours; and | ||
(B) is capable of being recharged from an | ||
external source of electricity; and | ||
(7) was acquired on or after September 1, 2013, or a | ||
later date as established by the commission, by the person applying | ||
for the incentive under this subsection and for use or lease by that | ||
person and not for resale. | ||
(d) The incentive under Subsection (c) is limited to 2,000 | ||
vehicles for the state fiscal biennium beginning September 1, 2013. | ||
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SECTION 7. Section 386.156, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 386.156. LIST OF ELIGIBLE MOTOR VEHICLES. (a) On | ||
August 1 each year the commission shall publish [ |
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inclusion in an incentive under this subchapter as listed for the | ||
commission under Section 386.155. The commission shall publish | ||
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necessary to include additional new vehicle models [ |
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(b) The commission [ |
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the list of eligible motor vehicles on the commission's Internet | ||
website [ |
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SECTION 8. Subsections (a) and (c), Section 386.158, Health | ||
and Safety Code, are amended to read as follows: | ||
(a) A person who purchases or leases a new light-duty motor | ||
vehicle described by Section 386.153 and [ |
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under Section 386.156(a) [ |
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incentive under this subchapter. | ||
(c) To receive money under an incentive program provided by | ||
this subchapter, the purchaser or lessee of a new light-duty motor | ||
vehicle who is eligible to apply for an incentive under this | ||
subchapter shall apply for the incentive in the manner provided by | ||
law or by rule of the commission [ |
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SECTION 9. Section 386.160, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 386.160. COMMISSION [ |
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VEHICLE PURCHASE OR LEASE INCENTIVES. (a) The commission | ||
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account for the motor vehicle purchase or lease incentives | ||
authorized by this subchapter and to pay incentive money to the | ||
purchaser or lessee of a new motor vehicle, on application of the | ||
purchaser or lessee as provided by this subchapter. | ||
(b) The commission [ |
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forms and instructions for the purchaser or lessee of a new motor | ||
vehicle to use in applying to the commission [ |
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incentive payment under this subchapter. The commission | ||
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dealers and leasing agents. Dealers and leasing agents shall make | ||
the forms available to their prospective purchasers or lessees. | ||
(c) In addition to other forms developed and published under | ||
this section, the commission [ |
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publish a verification form by which, with information provided by | ||
the dealer or leasing agent, the commission [ |
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verify the sale of a vehicle covered by this subchapter. The | ||
verification form shall include at least the name of the purchaser, | ||
the vehicle identification number of the vehicle involved, the date | ||
of the purchase, and the name of the new motor dealer or leasing | ||
agent involved in the transaction. At the time of sale or lease of a | ||
vehicle eligible for an incentive under this subchapter, the dealer | ||
or leasing agent shall complete the verification form supplied to | ||
the dealer by the commission [ |
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lessee shall include the completed verification form as part of the | ||
purchaser's application for an incentive. The dealer shall | ||
maintain a copy of the completed verification form for at least two | ||
years from the date of the transaction. | ||
SECTION 10. The heading to Section 386.161, Health and | ||
Safety Code, is amended to read as follows: | ||
Sec. 386.161. [ |
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PURCHASE OR LEASE INCENTIVES. | ||
SECTION 11. Subsections (b), (c), and (d), Section 386.161, | ||
Health and Safety Code, are amended to read as follows: | ||
(b) If the balance available for motor vehicle purchase or | ||
lease incentives falls below 15 percent of the total allocated for | ||
the incentives during that fiscal year, the commission | ||
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the comptroller can certify that the balance available in the fund | ||
for incentives is an amount adequate to resume the incentives or the | ||
beginning of the next fiscal year, whichever is earlier. If the | ||
commission [ |
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motor vehicle dealers and leasing agents that the incentives have | ||
been suspended. | ||
(c) The commission [ |
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toll-free telephone number available to motor vehicle dealers and | ||
leasing agents for the dealers and agents to call to verify that | ||
incentives are available. The commission [ |
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for issuing verification numbers over the telephone line. | ||
(d) Reliance by a dealer or leasing agent on information | ||
provided by the [ |
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to an action involving or based on eligibility of a vehicle for an | ||
incentive or availability of vehicles eligible for an incentive. | ||
SECTION 12. Subchapter D, Chapter 386, Health and Safety | ||
Code, is amended by adding Section 386.162 to read as follows: | ||
Sec. 386.162. EXPIRATION. This subchapter expires August | ||
31, 2015. | ||
SECTION 13. Chapter 386, Health and Safety Code, is amended | ||
by adding Subchapter D-1 to read as follows: | ||
SUBCHAPTER D-1. DRAYAGE TRUCK INCENTIVE PROGRAM | ||
Sec. 386.181. DEFINITION; RULES. (a) In this subchapter, | ||
"drayage truck" means a truck that transports a load to or from a | ||
seaport or rail yard. | ||
(b) The commission may include more specific definitions in | ||
the rules or guidelines developed to implement the program | ||
established by this subchapter in order to reduce emissions in and | ||
around seaports in a nonattainment area. | ||
Sec. 386.182. COMMISSION DUTIES. (a) The commission shall | ||
develop a purchase incentive program to encourage owners to replace | ||
drayage trucks with pre-2007 model year engines with newer drayage | ||
trucks and shall adopt guidelines necessary to implement the | ||
program. | ||
(b) The commission by rule shall establish criteria for the | ||
models of drayage trucks that are eligible for inclusion in an | ||
incentive program under this subchapter. The guidelines must | ||
provide that a drayage truck owner is not eligible for an incentive | ||
payment under this subchapter unless the truck being replaced | ||
contains a pre-2007 model year engine and the replacement truck's | ||
engine is from model year 2010 or later as determined by the | ||
commission and that the truck operates at a seaport or rail yard. | ||
Sec. 386.183. DRAYAGE TRUCK PURCHASE INCENTIVE. (a) To be | ||
eligible for an incentive under this subchapter, a person must: | ||
(1) purchase a replacement drayage truck that under | ||
the guidelines adopted by the commission under Section 386.182 is | ||
eligible for inclusion in the program for an incentive under this | ||
subchapter; and | ||
(2) agree to: | ||
(A) register the truck in this state; | ||
(B) operate the truck in and within a maximum | ||
distance established by the commission of a seaport or rail yard in | ||
a nonattainment area of this state for not less than 50 percent of | ||
the vehicle's annual mileage or hours of operation, as determined | ||
by the commission; and | ||
(C) permanently remove a pre-2007 drayage truck | ||
containing a pre-2007 engine owned by the person from operation in a | ||
nonattainment area of this state by destroying the engine and | ||
scrapping the truck after the purchase of the new truck in | ||
accordance with guidelines established by the commission. | ||
(b) To receive money under an incentive program provided by | ||
this subchapter, the purchaser of a drayage truck eligible for | ||
inclusion in the program must apply for the incentive in the manner | ||
provided by law, rule, or guideline of the commission. | ||
(c) Not more than one incentive may be provided for each | ||
drayage truck purchased. | ||
(d) An incentive provided under this subchapter may be used | ||
to fund not more than 80 percent of the purchase price of the | ||
drayage truck. | ||
(e) The commission shall establish procedures to verify | ||
that a person who receives an incentive: | ||
(1) has operated in a seaport or rail yard and owned or | ||
leased the drayage truck to be replaced for at least two years prior | ||
to receiving the grant; and | ||
(2) permanently destroys the engine and scraps the | ||
drayage truck that contained the pre-2007 engine owned or leased by | ||
the person, in accordance with guidelines established by the | ||
commission, after the purchase of the new truck. | ||
(f) The commission may modify this program to improve its | ||
effectiveness or further the goals of Subchapter B. | ||
SECTION 14. The heading to Subchapter E, Chapter 386, | ||
Health and Safety Code, is amended to read as follows: | ||
SUBCHAPTER E. EVALUATION OF UTILITY COMMISSION AND COMPTROLLER | ||
ENERGY EFFICIENCY PROGRAMS [ |
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SECTION 15. Section 386.205, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 386.205. EVALUATION OF UTILITY COMMISSION AND | ||
COMPTROLLER [ |
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with the laboratory, the utility commission shall provide an annual | ||
report to the commission that, by county, quantifies the reductions | ||
of energy demand, peak loads, and associated emissions of air | ||
contaminants achieved from [ |
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energy conservation office [ |
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programs [ |
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SECTION 16. Subsection (a), Section 386.252, Health and | ||
Safety Code, as amended by Chapter 28 (S.B. 527), Acts of the 82nd | ||
Legislature, Regular Session, 2011, is amended to read as follows: | ||
(a) Money in the fund may be used only to implement and | ||
administer programs established under the plan. Money appropriated | ||
to the commission to be used for the programs under Section | ||
386.051(b) [ |
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follows: | ||
(1) not more than four percent may be used for the | ||
clean school bus program under Chapter 390; | ||
(2) not more than three percent [ |
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technology implementation grant program under Chapter 391, from | ||
which at least $1 million will [ |
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for electricity storage projects related to renewable energy; | ||
(3) [ |
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fleet program under Chapter 392; | ||
(4) [ |
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the commission [ |
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regional air monitoring program in commission Regions 3 and 4 to be | ||
implemented under the commission's oversight, including direction | ||
regarding the type, number, location, and operation of, and data | ||
validation practices for, monitors funded by the program through a | ||
regional nonprofit entity located in North Texas having | ||
representation from counties, municipalities, higher education | ||
institutions, and private sector interests across the area; | ||
(5) not less than 16 percent shall be used for the | ||
Texas natural gas vehicle grant program under Chapter 394; | ||
(6) not more than five percent may be used to provide | ||
grants for natural gas fueling stations under the clean | ||
transportation triangle program under Section 394.010; | ||
(7) not more than five percent may be used for the | ||
Texas alternative fueling facilities program under Chapter 393; | ||
(8) a specified amount may be used [ |
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each year to support research related to air quality as provided by | ||
Chapter 387; | ||
(9) not more than [ |
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(10) [ |
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state treasury to the credit of the clean air account created under | ||
Section 382.0622 to supplement funding for air quality planning | ||
activities in affected counties; | ||
(11) at least $4 million and up to four percent to a | ||
maximum of $7 million, whichever is greater, is allocated to the | ||
commission for administrative costs; | ||
(12) at least two percent and up to five percent of the | ||
fund is to be used by the commission for the drayage truck incentive | ||
program established under Subchapter D-1; | ||
(13) not more than five percent may be used for the | ||
light-duty motor vehicle purchase or lease incentive program | ||
established under Subchapter D; | ||
(14) [ |
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commission to contract with the Energy Systems Laboratory at the | ||
Texas Engineering Experiment Station annually for the development | ||
and annual computation of creditable statewide emissions | ||
reductions obtained through wind and other renewable energy | ||
resources for the state implementation plan; | ||
(15) [ |
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allocated for administrative costs incurred by the laboratory; and | ||
(16) [ |
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program under Subchapter C as determined by the commission. | ||
SECTION 17. Section 386.252, Health and Safety Code, is | ||
amended by amending Subsections (b), (c), (d), and (e) and adding | ||
Subsection (e-1) to read as follows: | ||
(b) The commission may allocate unexpended money designated | ||
for the clean fleet program under Chapter 392 to other programs | ||
described under Subsection (a) after the commission allocates money | ||
to recipients under the clean fleet program. | ||
(c) The commission may allocate unexpended money designated | ||
for the Texas alternative fueling facilities program under Chapter | ||
393 to other programs described under Subsection (a) after the | ||
commission allocates money to recipients under the alternative | ||
fueling facilities program. | ||
(d) The commission may reallocate money designated for the | ||
Texas natural gas vehicle grant program under Chapter 394 to other | ||
programs described under Subsection (a) if: | ||
(1) the commission, in consultation with the governor | ||
and the advisory board, determines that the use of the money in the | ||
fund for that program will cause the state to be in noncompliance | ||
with the state implementation plan to the extent that federal | ||
action is likely; and | ||
(2) the commission finds that the reallocation of some | ||
or all of the funding for the program would resolve the | ||
noncompliance. | ||
(e) Under Subsection (d), the commission may not reallocate | ||
more than the minimum amount of money necessary to resolve the | ||
noncompliance. | ||
(e-1) Money [ |
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particular program may be used for another program under the plan as | ||
determined by the commission. | ||
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SECTION 18. Subsection (f), Section 386.252, Health and | ||
Safety Code, as added by Chapter 892 (S.B. 385), Acts of the 82nd | ||
Legislature, Regular Session, 2011, is amended to read as follows: | ||
(f) Money in the fund may be used by the commission for | ||
programs under Sections 386.051(b)(13), (b)(14), and (b-1) as may | ||
be appropriated for those programs [ |
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SECTION 19. Section 386.252, Health and Safety Code, is | ||
amended by amending Subsection (g) and adding Subsection (h) to | ||
read as follows: | ||
(g) If the legislature does not specify amounts or | ||
percentages from the total appropriation to the commission to be | ||
allocated under Subsection (a) or (f), the commission shall | ||
determine the amounts of the total appropriation to be allocated | ||
under each of those subsections, such that the total appropriation | ||
is expended while maximizing emissions reductions [ |
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(h) Subject to the limitations outlined in this section and | ||
any additional limitations placed on the use of the appropriated | ||
funds, money allocated under this section to a particular program | ||
may be used for another program under the plan as determined by the | ||
commission. | ||
SECTION 20. Section 391.002, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 391.002. GRANT PROGRAM. (a) The commission shall | ||
establish and administer a new technology implementation grant | ||
program to assist the implementation of new technologies to reduce | ||
emissions from facilities and other stationary sources in this | ||
state. The commission may establish a minimum capital expenditure | ||
threshold for projects under Subsection (b)(2). Under the program, | ||
the commission shall provide grants or other financial incentives | ||
for eligible projects to offset the incremental cost of emissions | ||
reductions. | ||
(b) Projects that may be considered for a grant under the | ||
program include: | ||
(1) advanced clean energy projects, as defined by | ||
Section 382.003; | ||
(2) new technology projects that reduce emissions of | ||
regulated pollutants from point sources [ |
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(3) electricity storage projects related to renewable | ||
energy, including projects to store electricity produced from wind | ||
and solar generation that provide efficient means of making the | ||
stored energy available during periods of peak energy use. | ||
SECTION 21. Subsection (a), Section 392.007, Health and | ||
Safety Code, is amended to read as follows: | ||
(a) The amount the commission shall award for each vehicle | ||
being replaced is up to[ |
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the total [ |
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SECTION 22. Subsection (a), Section 394.007, Health and | ||
Safety Code, as amended by Chapter 892 (S.B. 385), Acts of the 82nd | ||
Legislature, Regular Session, 2011, is amended to read as follows: | ||
(a) The commission shall develop a grant schedule that: | ||
(1) assigns a standardized grant in an amount up to | ||
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vehicle purchase, lease, other commercial finance, or repowering; | ||
(2) is based on: | ||
(A) the certified emission level of nitrogen | ||
oxides, or other pollutants as determined by the commission, of the | ||
engine powering the natural gas vehicle; and | ||
(B) the usage of the natural gas vehicle; and | ||
(3) may take into account the overall emissions | ||
reduction achieved by the natural gas vehicle. | ||
SECTION 23. Section 394.010, Health and Safety Code, as | ||
amended by Chapter 892 (S.B. 385), Acts of the 82nd Legislature, | ||
Regular Session, 2011, is amended by amending Subsections (a), (b), | ||
(c), and (d) and adding Subsection (f-1) to read as follows: | ||
(a) To ensure that natural gas vehicles purchased, leased, | ||
or otherwise commercially financed or repowered under the program | ||
have access to fuel, and to build the foundation for a | ||
self-sustaining market for natural gas vehicles in Texas, the | ||
commission shall award grants to support the development of a | ||
network of natural gas vehicle fueling stations along the | ||
interstate highways connecting Houston, San Antonio, Dallas, and | ||
Fort Worth, and in nonattainment areas and affected counties of the | ||
state. In awarding the grants, the commission shall provide for: | ||
(1) strategically placed natural gas vehicle fueling | ||
stations in and between the Houston, San Antonio, and Dallas-Fort | ||
Worth areas, and in nonattainment areas and affected counties of | ||
the state, to enable a natural gas vehicle to travel in those areas | ||
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(2) grants to be dispersed through a competitive | ||
bidding process to offset a portion of the cost of installation of | ||
the natural gas dispensing equipment; | ||
(3) contracts that require the recipient stations to | ||
meet operational, maintenance, and reporting requirements as | ||
specified by the commission; and | ||
(4) a listing, to be maintained by the commission and | ||
made available to the public online, of all natural gas vehicle | ||
fueling stations that have received grant funding, including | ||
location and hours of operation. | ||
(b) The commission may not award more than[ |
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(c) Grants awarded under this section may not exceed: | ||
(1) $400,000 [ |
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station; | ||
(2) $400,000 [ |
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station; or | ||
(3) $600,000 [ |
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liquefied and compressed natural gas. | ||
(d) Stations funded by grants under this section must be | ||
publicly accessible [ |
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to: | ||
(1) stations providing both liquefied natural gas and | ||
compressed natural gas at a single location; [ |
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(2) stations located not more than one mile from an | ||
interstate highway system; and | ||
(3) stations located in the triangular area between | ||
the Houston, San Antonio, and Dallas-Fort Worth areas. | ||
(f-1) An application for a grant under this section must | ||
include a certification that the applicant complies with laws, | ||
rules, guidelines, and requirements applicable to taxation of fuel | ||
provided by the applicant at each fueling facility owned or | ||
operated by the applicant. The commission may terminate a grant | ||
awarded under this section without further obligation to the grant | ||
recipient if the commission determines that the recipient did not | ||
comply with a law, rule, guideline, or requirement described by | ||
this subsection. This subsection does not create a cause of action | ||
to contest an application or award of a grant. | ||
SECTION 24. Section 393.006, Health and Safety Code, as | ||
amended by Chapter 892 (S.B. 385), Acts of the 82nd Legislature, | ||
Regular Session, 2011, is amended to read as follows: | ||
Sec. 393.006. AMOUNT OF GRANT. For each eligible facility | ||
for which a recipient is awarded a grant under the program, the | ||
commission shall award the grant in an amount equal to the lesser | ||
of: | ||
(1) 50 percent of the sum of the actual eligible costs | ||
incurred by the grant recipient within deadlines established by the | ||
commission to construct, reconstruct, or acquire the facility; or | ||
(2) $600,000 [ |
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SECTION 25. The following provisions are repealed: | ||
(1) Subsection (c), Section 386.051, Health and Safety | ||
Code; | ||
(2) Subdivision (1), Section 386.151, Health and | ||
Safety Code; | ||
(3) Section 386.154, Health and Safety Code; | ||
(4) Subsection (a), Section 386.161, Health and Safety | ||
Code; | ||
(5) Sections 386.201, 386.202, and 386.203, Health and | ||
Safety Code; | ||
(6) Section 386.204, Health and Safety Code; | ||
(7) Subsection (a), Section 386.252, Health and Safety | ||
Code, as amended by Chapters 589 (Senate Bill No. 20) and 892 | ||
(Senate Bill No. 385), Acts of the 82nd Legislature, Regular | ||
Session, 2011; | ||
(8) Subsection (f), Section 386.252, Health and Safety | ||
Code, as added by Chapter 589 (Senate Bill No. 20), Acts of the 82nd | ||
Legislature, Regular Session, 2011; and | ||
(9) Chapters 393 and 394, Health and Safety Code, as | ||
amended by Chapter 589 (Senate Bill No. 20), Acts of the 82nd | ||
Legislature, Regular Session, 2011. | ||
SECTION 26. This Act takes effect immediately if it | ||
receives a vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution. | ||
If this Act does not receive the vote necessary for immediate | ||
effect, this Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1727 passed the Senate on | ||
May 2, 2013, by the following vote: Yeas 29, Nays 1, one present | ||
not voting; and that the Senate concurred in House amendments on | ||
May 25, 2013, by the following vote: Yeas 28, Nays 2, one present | ||
not voting. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1727 passed the House, with | ||
amendments, on May 21, 2013, by the following vote: Yeas 107, | ||
Nays 39, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |