Bill Text: TX HB2682 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the administration of and funding for the Texas emissions reduction plan.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-04-18 - Left pending in committee [HB2682 Detail]
Download: Texas-2017-HB2682-Introduced.html
85R5656 JRR-F | ||
By: Reynolds | H.B. No. 2682 |
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relating to the administration of and funding for the Texas | ||
emissions reduction plan. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 2158.001(3) and (4), Government Code, | ||
are amended to read as follows: | ||
(3) "Light-duty motor vehicle" has the meaning | ||
assigned by Section 392.001 [ |
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(4) "Motor vehicle" has the meaning assigned by | ||
Section 392.001 [ |
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SECTION 2. Section 386.001(3), Health and Safety Code, is | ||
amended to read as follows: | ||
(3) "Commission" means the Texas [ |
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SECTION 3. Section 386.002, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 386.002. EXPIRATION. This chapter expires August 31, | ||
2025 [ |
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SECTION 4. Section 386.051(b), Health and Safety Code, is | ||
amended 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 alternative leak detection technology grant | ||
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under Section 386.252(a) [ |
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(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) [ |
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affected counties that are not otherwise required by state or | ||
federal law as provided by [ |
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386.252(a); | ||
(7) studies of or pilot programs for activities | ||
described [ |
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386.252(a)(8) [ |
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(8) air quality planning activities as provided by | ||
Section 386.252(d) [ |
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(9) a contract with the Energy Systems Laboratory at | ||
the Texas A&M Engineering Experiment Station for computation of | ||
creditable statewide emissions reductions and other reductions of | ||
air contaminants subject to the permitting requirements of Chapter | ||
382 as provided by Section 386.252(a) [ |
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(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 [ |
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(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 seaport and rail yard areas emissions | ||
reduction [ |
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Subchapter D-1. | ||
SECTION 5. Section 386.057(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) Not later than December 1, 2002, and not later than | ||
December 1 of each subsequent second year, the commission, in | ||
consultation with the advisory board, shall publish and submit to | ||
the legislature a biennial plan report. The report must include: | ||
(1) the information included in the annual reviews | ||
conducted under Subsection (a); | ||
(2) specific information for individual projects as | ||
required by Subsection (c); | ||
(3) information contained in reports received under | ||
Sections 386.205, 388.003(e), and 388.006[ |
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(4) information required to be included under Section | ||
391.104; and | ||
(5) a summary of the commission's activities under | ||
Section 386.052. | ||
SECTION 6. Section 386.102(e), Health and Safety Code, is | ||
amended to read as follows: | ||
(e) To improve the success of the program the commission: | ||
(1) shall establish cost-effective limits for grants | ||
awarded under the program to an owner or operator of a locomotive or | ||
marine vessel that are lower than the cost-effectiveness limits | ||
applied to other emissions reductions grants; | ||
(2) shall determine the maximum amount of reductions | ||
available from the locomotive and marine sectors and develop | ||
strategies to facilitate the maximum amount of reductions in these | ||
sectors; [ |
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(3) shall minimize, to the maximum extent possible, | ||
the amount of paperwork required for an application for a grant | ||
under the program; and | ||
(4) after seeking comments and suggestions from | ||
stakeholders, including applicants for and recipients of a grant | ||
under the program and members of the economic sectors that | ||
purchase, lease, or use equipment or vehicles subject to a | ||
surcharge or fee that is deposited to the credit of the fund, shall: | ||
(A) post on the commission's Internet website | ||
comments and suggestions the commission received from stakeholders | ||
on or regarding methods to minimize paperwork and to reduce the | ||
administrative burden on applicants for a grant under the program; | ||
and | ||
(B) adopt and implement methods described by | ||
Paragraph (A) that will not result in: | ||
(i) increases to the period that an | ||
application is under review; or | ||
(ii) delays in the awarding of grants under | ||
the program [ |
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SECTION 7. Section 386.103, Health and Safety Code, is | ||
amended by amending Subsection (b) and adding Subsections (c) and | ||
(d) to read as follows: | ||
(b) An application for a grant under this subchapter must be | ||
made on an application provided by the commission and must contain | ||
information required by the commission, including: | ||
(1) a [ |
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(2) the minimum amount of information necessary for | ||
the commission to determine whether the project meets eligibility | ||
requirements for the type of project proposed, including a | ||
statement of the amounts of any other public financial assistance | ||
the project will receive; and | ||
(3) other information the commission may require. | ||
(c) The commission may request that the applicant provide | ||
additional information under Subsection (b)(3) after the | ||
application is filed. | ||
(d) To reduce the administrative burden for the commission | ||
and applicants, the commission may streamline the application | ||
process by: | ||
(1) reducing data entry and the copying and recopying | ||
of applications; and | ||
(2) developing, maintaining, and periodically | ||
updating a system to accept applications electronically through the | ||
commission's Internet website. | ||
SECTION 8. Section 386.104, Health and Safety Code, is | ||
amended by amending Subsections (c) and (j) and adding Subsections | ||
(c-1) and (c-2) to read as follows: | ||
(c) Except as otherwise provided by this subsection, for | ||
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than a project involving a marine vessel or engine, not less than 75 | ||
percent of vehicle miles traveled or hours of operation projected | ||
for the five years immediately following the award of a grant must | ||
be projected to take place in a nonattainment area or affected | ||
county of this state. The commission may also allow vehicle travel | ||
on highways and roadways, or portions of a highway or roadway, | ||
designated by the commission and located outside a nonattainment | ||
area or affected county to count towards the percentage of use | ||
requirement in this subsection. For a proposed project involving | ||
heavy-duty non-road diesel equipment, the commission shall set the | ||
minimum percentage of hours of operation required to take place in a | ||
nonattainment area or affected county at a level that supports the | ||
economic feasibility of projects involving such equipment. | ||
(c-1) For a proposed project involving a marine vessel or | ||
engine, the vessel or engine must be operated in the intercoastal | ||
waterways or bays adjacent to a nonattainment area or affected | ||
county of this state for a sufficient amount of time over the | ||
lifetime of the project, as determined by the commission, to meet | ||
the cost-effectiveness requirements of Section 386.105. | ||
(c-2) For a proposed project involving non-road equipment | ||
used for natural gas recovery purposes, the equipment must be | ||
operated in a nonattainment area or affected county for a | ||
sufficient amount of use over the lifetime of the project, as | ||
determined by the commission, to meet the cost-effectiveness | ||
requirements of Section 386.105. | ||
(j) The executive director may [ |
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eligibility requirements established under this section on a | ||
finding of good cause, which may include a waiver for short lapses | ||
in registration or operation attributable to economic conditions, | ||
seasonal work, or other circumstances. | ||
SECTION 9. Sections 386.116(a), (b), and (c), Health and | ||
Safety Code, are amended to read as follows: | ||
(a) In this section, "small business" means a business owned | ||
by a person who: | ||
(1) owns and operates not more than two vehicles, one | ||
of which is: | ||
(A) an on-road diesel [ |
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(B) a non-road diesel [ |
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(2) has owned the vehicle described by Subdivision | ||
(1)(A) or (B) for more than two years [ |
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(b) The commission [ |
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providing fast and simple access to grants under this subchapter | ||
for a small business. The method must: | ||
(1) create a separate small business grant program; or | ||
(2) require the commission to give special | ||
consideration to small businesses when implementing another | ||
program established under this subchapter. | ||
(c) The commission shall publicize and promote the | ||
availability of grants under this subchapter for small businesses | ||
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emissions. | ||
SECTION 10. Section 386.117, Health and Safety Code, is | ||
amended by amending Subsection (a) and adding Subsection (g) to | ||
read as follows: | ||
(a) The commission shall adopt a process for awarding grants | ||
under this subchapter in the form of rebates to streamline the grant | ||
application, contracting, reimbursement, and reporting processes | ||
for certain projects. The process adopted under this section must: | ||
(1) designate certain types of projects, such as | ||
repowers, replacements, and retrofits, as eligible for rebates; | ||
(2) project standardized oxides of nitrogen emissions | ||
reductions for each designated project type; | ||
(3) assign a standardized rebate amount for each | ||
designated project type and set that amount at a level that supports | ||
the economic feasibility of projects involving heavy-duty non-road | ||
diesel equipment; | ||
(4) allow for processing rebates on an ongoing | ||
first-come, first-served basis; and | ||
(5) consolidate, simplify, and reduce the | ||
administrative work for applicants and the commission associated | ||
with grant application, contracting, reimbursement, and reporting | ||
processes for designated project types. | ||
(g) To improve the success of the rebate grant process, the | ||
commission, after seeking comments and suggestions from | ||
stakeholders, including applicants for and recipients of a rebate | ||
grant and members of the economic sectors that purchase, lease, or | ||
use equipment or vehicles subject to a surcharge or fee that is | ||
deposited to the credit of the fund, shall: | ||
(1) post on the commission's Internet website comments | ||
and suggestions the commission received from stakeholders on or | ||
regarding methods to minimize paperwork and to reduce the | ||
administrative burden on applicants for a rebate grant; and | ||
(2) adopt and implement methods described by | ||
Subdivision (1) that will not result in: | ||
(A) increases to the period that an application | ||
is under review; or | ||
(B) delays in the awarding of rebate grants. | ||
SECTION 11. The heading to Subchapter D-1, Chapter 386, | ||
Health and Safety Code, is amended to read as follows: | ||
SUBCHAPTER D-1. SEAPORT AND RAIL YARD AREAS EMISSIONS REDUCTION | ||
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SECTION 12. The heading to Section 386.181, Health and | ||
Safety Code, is amended to read as follows: | ||
Sec. 386.181. DEFINITIONS [ |
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SECTION 13. Section 386.181(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) In this subchapter: | ||
(1) "Cargo handling equipment" means any heavy-duty | ||
non-road, self-propelled vehicle or land-based equipment used at a | ||
seaport or rail yard to lift or move cargo, such as containerized, | ||
bulk, or break-bulk goods. | ||
(2) "Drayage [ |
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on-road or non-road vehicle that is used for drayage activities and | ||
that operates in or transgresses through [ |
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unloading, or transporting cargo, including transporting empty | ||
containers and chassis. | ||
SECTION 14. Section 386.182, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 386.182. COMMISSION DUTIES. (a) The commission | ||
shall: | ||
(1) develop a purchase incentive program to encourage | ||
owners to replace drayage trucks and cargo handling equipment [ |
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handling equipment; and | ||
(2) [ |
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the program described by Subdivision (1). | ||
(b) The commission by rule or guideline shall establish | ||
criteria for the models of drayage trucks and cargo handling | ||
equipment that are eligible for inclusion in an incentive program | ||
under this subchapter. [ |
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SECTION 15. The heading to Section 386.183, Health and | ||
Safety Code, is amended to read as follows: | ||
Sec. 386.183. DRAYAGE TRUCK AND CARGO HANDLING EQUIPMENT | ||
PURCHASE INCENTIVE. | ||
SECTION 16. Section 386.183, Health and Safety Code, is | ||
amended by amending Subsections (a), (b), (c), (d), and (e) and | ||
adding Subsections (a-1) and (a-2) to read as follows: | ||
(a) To be eligible for an incentive under this subchapter, a | ||
person must: | ||
(1) purchase a replacement drayage truck or cargo | ||
handling equipment that under Subsection (a-2) and 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 drayage truck in this state, if | ||
the replacement vehicle is an on-road drayage truck; | ||
(B) operate the drayage truck or cargo handling | ||
equipment 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 truck's or equipment's | ||
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the commission; and | ||
(C) permanently remove the [ |
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truck or cargo handling equipment replaced under the program | ||
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in a nonattainment area of this state by destroying the engine and | ||
scrapping the truck or equipment after the purchase of the | ||
replacement [ |
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established by the commission. | ||
(a-1) To be eligible for replacement under this program: | ||
(1) an on-road drayage truck must contain a pre-2007 | ||
model year on-road engine or an engine certified to an emission rate | ||
equivalent to a pre-2007 model year engine; and | ||
(2) a non-road drayage truck or cargo handling | ||
equipment must contain: | ||
(A) an engine certified to an emission rate | ||
equivalent to the United States Environmental Protection Agency's | ||
Tier 3 or earlier non-road emission standards; or | ||
(B) an uncontrolled engine manufactured before | ||
the United States Environmental Protection Agency's non-road | ||
emission standards were first implemented. | ||
(a-2) To be eligible for purchase under this program: | ||
(1) an on-road drayage truck must be powered by an | ||
electric motor or contain a 2010 or later on-road engine; and | ||
(2) a non-road drayage truck or cargo handling | ||
equipment must be powered by an electric motor or contain an engine | ||
certified to an emission rate equivalent to the United States | ||
Environmental Protection Agency's final Tier 4 non-road emission | ||
standards or a more stringent emission standard. | ||
(b) To receive money under an incentive program provided by | ||
this subchapter, the purchaser of a drayage truck or cargo handling | ||
equipment 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 or piece of cargo handling equipment 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 or cargo handling equipment. | ||
(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 or cargo handling equipment to be replaced | ||
for at least two years prior to receiving the grant; and | ||
(2) permanently destroys the engine and scraps the | ||
drayage truck or cargo handling equipment replaced under the | ||
program [ |
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commission, after the purchase of the replacement [ |
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equipment. | ||
SECTION 17. Section 386.205, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 386.205. EVALUATION OF UTILITY COMMISSION AND | ||
COMPTROLLER ENERGY EFFICIENCY PROGRAMS. (a) In cooperation 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 programs implemented by the state energy | ||
conservation office and from programs implemented under Section | ||
39.905, Utilities Code. | ||
(b) The report must also quantify the reductions in the | ||
emissions of each air contaminant subject to the permitting | ||
requirements of Chapter 382. | ||
SECTION 18. Section 386.252, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 386.252. USE OF FUND. (a) Money in the fund may be | ||
used only to implement and administer programs established under | ||
the plan. Subject to the reallocation of funds by the commission | ||
under Subsection (f), money [ |
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to be used for the programs under Section 386.051(b) shall be | ||
allocated at the beginning of each state fiscal biennium as | ||
follows: | ||
(1) not more than four percent may be used for the | ||
clean school bus program under Chapter 390; | ||
(2) [ |
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new technology implementation grant program under Chapter 391, from | ||
which at least $1 million will be set aside for electricity storage | ||
projects related to renewable energy; | ||
(3) five percent may [ |
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fleet program under Chapter 392; | ||
(4) not more than $2 [ |
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commission to fund grants for [ |
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activities in affected counties that are not otherwise required by | ||
state or federal law [ |
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implemented under the commission's oversight[ |
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(5) [ |
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the Texas natural gas vehicle grant program under Chapter 394; | ||
(6) 10 [ |
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[ |
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Texas alternative fueling facilities program under Chapter 393, of | ||
which a specified amount may be used for fueling stations to provide | ||
natural gas fuel; | ||
(7) [ |
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support research related to air quality as provided by Chapter 387; | ||
(8) [ |
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used for studies of or pilot programs for: | ||
(A) incentives for port authorities located in | ||
nonattainment areas to encourage cargo movement that reduces | ||
emissions of nitrogen oxides and particulate matter; | ||
(B) the designation of freight lanes on highways | ||
that are to be used exclusively by low-emissions freight vehicles; | ||
and | ||
(C) the electrification of freight vehicles and | ||
cargo handling equipment to increase commerce and to reduce | ||
congestion and emissions [ |
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(9) not more than $2 million may be used by the | ||
commission to fund an alternative leak detection technology grant | ||
program that: | ||
(A) is to be implemented under the commission's | ||
oversight; and | ||
(B) provides grants for the purchase and use of | ||
innovative technologies by an owner or operator, or a regional | ||
nonprofit entity representing an owner or operator, of a facility | ||
regulated under Subchapter I, Chapter 382, that is located in a | ||
nonattainment area or affected county [ |
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(10) [ |
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to a maximum of $7 million, whichever is greater, is allocated to | ||
the commission for administrative costs and costs for conducting | ||
outreach and education activities to promote participation in the | ||
programs funded under this section; | ||
(11) if the commission contracts with a third party to | ||
award all or a portion of the grants or other funding allocated to a | ||
program listed in Section 386.051(b), an amount not to exceed five | ||
percent of the contracted amount may be used for the administrative | ||
costs incurred by the third party; | ||
(12) [ |
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yard areas emissions reduction [ |
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established under Subchapter D-1; | ||
(13) [ |
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commission to contract with the Energy Systems Laboratory at the | ||
Texas A&M Engineering Experiment Station annually for the | ||
development and annual computation of creditable statewide | ||
emissions reductions and other reductions of air contaminants | ||
subject to the permitting requirements of Chapter 382 that are | ||
obtained through wind and other renewable energy resources for the | ||
state implementation plan; | ||
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(14) [ |
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commission for the diesel emissions reduction incentive program | ||
under Subchapter C as determined by the commission. | ||
(b) [ |
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programs under Sections 386.051(b)(13), (b)(14), and (b-1) as may | ||
be appropriated for those programs. | ||
(c) [ |
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percentages from the total appropriation to the commission to be | ||
allocated under Subsection (a) or (b) [ |
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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. | ||
(d) To supplement funding for air quality planning | ||
activities in affected counties, $500,000 from the fund may be | ||
deposited annually in the state treasury to the credit of the clean | ||
air account created under Section 382.0622, if the commission | ||
determines that the money is needed for that purpose. | ||
(e) Money in the fund shall be allocated for administrative | ||
costs incurred by the Energy Systems Laboratory at the Texas A&M | ||
Engineering Experiment Station as may be appropriated by the | ||
legislature. | ||
(f) [ |
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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, based on demand for grants for | ||
eligible projects under particular programs after the commission | ||
solicits projects to which to award grants according to the initial | ||
allocation provisions of this section. | ||
SECTION 19. Section 390.002, Health and Safety Code, is | ||
amended by amending Subsection (b) and adding Subsection (c) to | ||
read as follows: | ||
(b) Projects that may be considered for a grant under the | ||
program include: | ||
(1) diesel oxidation catalysts for school buses built | ||
before 1994; | ||
(2) diesel particulate filters for school buses built | ||
from 1994 to 1998; | ||
(3) the purchase and use of emission-reducing add-on | ||
equipment for school buses, including devices that reduce crankcase | ||
emissions; | ||
(4) the use of qualifying fuel; [ |
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(5) other technologies that the commission finds will | ||
bring about significant emissions reductions; and | ||
(6) replacement of a school bus that is of model year | ||
2006 or earlier. | ||
(c) The commission may modify the model year requirements | ||
under Subsection (b) in order to best meet the goals of the program. | ||
SECTION 20. Section 390.004, Health and Safety Code, is | ||
amended by adding Subsections (c), (d), and (e) to read as follows: | ||
(c) A school bus proposed for replacement must: | ||
(1) be of model year 2006 or earlier; | ||
(2) have been owned and operated by the applicant for | ||
at least the two years before submission of the grant application; | ||
(3) be in good operational condition; and | ||
(4) be currently used on a regular, daily route to and | ||
from a school. | ||
(d) A school bus proposed for purchase to replace a school | ||
bus described by Subsection (c) must be of the current model year or | ||
the year before the current model year at the time of submission of | ||
the grant application. | ||
(e) The commission may modify the model year requirement | ||
under Subsection (c)(1) in order to best meet the goals of the | ||
program. | ||
SECTION 21. Section 390.005, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 390.005. RESTRICTION ON USE OF GRANT. (a) A recipient | ||
of a grant under this chapter shall use the grant to pay the | ||
incremental costs of the project for which the grant is made, which | ||
may include the reasonable and necessary expenses incurred for the | ||
labor needed to install emissions-reducing equipment. The | ||
recipient may not use the grant to pay the recipient's | ||
administrative expenses. The commission may establish limits on | ||
the eligible grant amounts and the percentage of incremental costs | ||
that may be reimbursed under the grant. | ||
(b) A school bus acquired to replace an existing school bus | ||
must be purchased and the grant recipient must agree to own and | ||
operate the school bus on a regular, daily route to and from a | ||
school for at least five years after a start date established by the | ||
commission, based on the date the commission accepts documentation | ||
of the destruction of the school bus being replaced. | ||
(c) A school bus replaced under the program must be | ||
permanently removed from operation by destroying the engine and | ||
scrapping the bus after the purchase of the new bus in accordance | ||
with criteria established by the commission. | ||
SECTION 22. Section 390.006, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 390.006. EXPIRATION. This chapter expires August 31, | ||
2025 [ |
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SECTION 23. Section 391.002(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(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 stationary [ |
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(2-a) new technology projects that reduce emissions | ||
from upstream and midstream oil and gas production, completions, | ||
gathering, storage, processing, and transmission activities | ||
through: | ||
(A) the replacement, repower, or retrofit of | ||
stationary compressor engines; or | ||
(B) the installation of systems to reduce or | ||
eliminate the loss of gas, flaring of gas, or burning of gas using | ||
other combustion control devices; [ |
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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; and | ||
(4) electricity storage projects that improve grid | ||
reliability and air quality by reducing transmission congestion. | ||
SECTION 24. Section 391.102(f), Health and Safety Code, is | ||
amended to read as follows: | ||
(f) In reviewing a grant application under this chapter | ||
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commission may [ |
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(1) solicit review and comments from: | ||
(A) the comptroller to assess: | ||
(i) the financial stability of the | ||
applicant; | ||
(ii) the economic benefits and job creation | ||
potential associated with the project; and | ||
(iii) any other information related to the | ||
duties of that office; | ||
(B) the Public Utility Commission of Texas to | ||
assess: | ||
(i) the reliability of the proposed | ||
technology; | ||
(ii) the feasibility and | ||
cost-effectiveness of electric transmission associated with the | ||
project; and | ||
(iii) any other information related to the | ||
duties of that agency; and | ||
(C) the Railroad Commission of Texas to assess: | ||
(i) the availability and cost of the fuel | ||
involved with the project; and | ||
(ii) any other information related to the | ||
duties of that agency; and | ||
(2) consider the comments received under Subdivision | ||
(1) in the commission's grant award decision process[ |
||
[ |
||
|
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|
||
SECTION 25. Section 391.104, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 391.104. REPORTING REQUIREMENTS. The commission | ||
[ |
||
Section 386.057(b) information [ |
||
the applications received and grants awarded in the preceding | ||
biennium [ |
||
[ |
||
[ |
||
391.102, if the commission determines participation of the agency | ||
is needed. | ||
SECTION 26. Section 391.205(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) Except as provided by Subsection (c), in awarding grants | ||
under this chapter the commission shall give preference to projects | ||
that: | ||
(1) involve the transport, use, recovery for use, or | ||
prevention of the loss of natural resources originating or produced | ||
in this state; | ||
(2) contain an energy efficiency component; or | ||
(3) include the use of solar, wind, or other renewable | ||
energy sources. | ||
SECTION 27. Section 391.304, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 391.304. EXPIRATION. This chapter expires August 31, | ||
2025 [ |
||
SECTION 28. Sections 392.001(1), (6), and (7), Health and | ||
Safety Code, are amended to read as follows: | ||
(1) "Alternative fuel" means a fuel other than | ||
gasoline or diesel fuel, including electricity, compressed natural | ||
gas, liquefied [ |
||
|
||
|
||
(6) "Light-duty motor vehicle" means a motor vehicle | ||
with a gross vehicle weight rating of less than 10,000 pounds [ |
||
|
||
(7) "Motor vehicle" means a self-propelled device | ||
designed for transporting persons or property on a public highway | ||
that is required to be registered under Chapter 502, Transportation | ||
Code [ |
||
SECTION 29. Section 392.003(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) A vehicle is a qualifying vehicle that may be considered | ||
for a grant under the program if the vehicle: | ||
(1) is a new on-road vehicle purchased by an entity | ||
during the eligibility period established by the commission; | ||
(2) [ |
||
|
||
[ |
||
standards; | ||
(3) [ |
||
of the same weight classification and use; and | ||
(4) [ |
||
alternative fuel. | ||
SECTION 30. Section 392.004(d), Health and Safety Code, is | ||
amended to read as follows: | ||
(d) The commission shall minimize, to the maximum extent | ||
possible, the amount of paperwork required for an application. [ |
||
|
||
|
||
|
||
|
||
|
||
|
||
SECTION 31. Section 392.005, Health and Safety Code, is | ||
amended by amending Subsections (b), (c), and (i) and adding | ||
Subsection (c-1) to read as follows: | ||
(b) To be eligible for a grant under the program, a project | ||
must: | ||
(1) result in a reduction in emissions of nitrogen | ||
oxides or other pollutants, as established by the commission, of at | ||
least 25 percent, based on: | ||
(A) the baseline emission level set by the | ||
commission under Subsection (g); and | ||
(B) the certified emission rate of the new | ||
vehicle; and | ||
(2) replace a vehicle that: | ||
(A) is an on-road vehicle that has been owned, | ||
leased, or otherwise commercially financed and registered and | ||
operated by the applicant in Texas for at least the two years | ||
immediately preceding the submission of a grant application; | ||
(B) satisfies any minimum average annual mileage | ||
or fuel usage requirements established by the commission; | ||
(C) satisfies any minimum percentage of annual | ||
usage requirements established by the commission; and | ||
(D) is in operating condition and has at least | ||
four [ |
||
accordance with criteria established by the commission. | ||
(c) As a condition of receiving a grant, the qualifying | ||
vehicle must be continuously owned, registered, and operated in the | ||
state by the grant recipient until the earlier of the fifth | ||
anniversary of the activity start date established by the | ||
commission [ |
||
or [ |
||
miles after the activity start date established by the commission | ||
[ |
||
the qualifying vehicle, either mileage or fuel use as determined by | ||
the commission, must occur in the state. | ||
(c-1) For purposes of Subsection (c), the commission shall | ||
establish the activity start date based on the date the commission | ||
accepts verification of the disposition of the vehicle being | ||
replaced. | ||
(i) The executive director may [ |
||
requirements of Subsection (b)(2)(A) on a finding of good cause, | ||
which may include a waiver for short lapses in registration or | ||
operation attributable to economic conditions, seasonal work, or | ||
other circumstances. | ||
SECTION 32. Section 392.008, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 392.008. EXPIRATION. This chapter expires August 31, | ||
2025 [ |
||
SECTION 33. Section 393.001, Health and Safety Code, is | ||
amended by amending Subdivision (1) and adding Subdivisions (1-a) | ||
and (4) to read as follows: | ||
(1) "Alternative fuel" means a fuel other than | ||
gasoline or diesel fuel, other than biodiesel fuel, including | ||
[ |
||
natural gas, hydrogen, propane, or electricity, including truck | ||
stop electrification or high-capacity batteries to reduce truck | ||
idling [ |
||
|
||
(1-a) "Clean transportation triangle" means: | ||
(A) counties containing or intersected by a | ||
portion of an interstate highway connecting the cities of Houston, | ||
San Antonio, Dallas, and Fort Worth; | ||
(B) counties located within the triangular area | ||
formed by the interstate highways described by Paragraph (A); | ||
(C) counties containing or intersected by a | ||
portion of: | ||
(i) an interstate highway connecting San | ||
Antonio to Corpus Christi or Laredo; or | ||
(ii) a state highway connecting Corpus | ||
Christi and Laredo; | ||
(D) counties located within the triangular area | ||
formed by the highways described by Paragraph (C); | ||
(E) counties in this state all or part of which | ||
are included in a nonattainment area designated under Section | ||
107(d) of the federal Clean Air Act (42 U.S.C. Section 7407); and | ||
(F) counties designated as affected counties | ||
under Section 386.001. | ||
(4) "State highway" means a highway in this state | ||
included in the plan providing for a system of state highways | ||
prepared by the executive director of the Texas Department of | ||
Transportation under Section 201.103, Transportation Code. | ||
SECTION 34. Section 393.002, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 393.002. PROGRAM. (a) The commission shall establish | ||
and administer the Texas alternative fueling facilities program to | ||
provide fueling facilities for alternative fuel in the clean | ||
transportation triangle [ |
||
the commission shall provide a grant for each eligible facility to | ||
offset the cost of those facilities. | ||
(b) An entity that constructs or [ |
||
|
||
participate in the program. | ||
(c) To ensure that alternative fuel vehicles have access to | ||
fuel and to build the foundation for a self-sustaining market for | ||
alternative fuels in Texas, the commission shall provide for | ||
strategically placed fueling facilities in the clean | ||
transportation triangle to enable an alternative fuel vehicle to | ||
travel in those areas relying solely on the alternative fuel. | ||
(d) The commission shall maintain a listing to be made | ||
available to the public online of all vehicle fueling facilities | ||
that have received grant funding, including location and hours of | ||
operation. | ||
SECTION 35. Section 393.003, Health and Safety Code, is | ||
amended by amending Subsections (a) and (b) and adding Subsections | ||
(d) and (e) to read as follows: | ||
(a) An entity operating in this state that constructs or [ |
||
reconstructs[ |
||
dispense alternative fuels may apply for and receive a grant under | ||
the program. | ||
(b) The commission may [ |
||
regional planning commission, council of governments, or similar | ||
regional planning agency created under Chapter 391, Local | ||
Government Code, or a private nonprofit organization to apply for | ||
and receive a grant to improve the ability of the program to achieve | ||
its goals. | ||
(d) An application for a grant under the program 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. | ||
(e) The commission shall award grants under the program | ||
through a competitive application selection process to offset a | ||
portion of the eligible costs. | ||
SECTION 36. Section 393.004, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 393.004. ELIGIBILITY OF FACILITIES FOR GRANTS. (a) In | ||
addition to the requirements of this chapter, the commission shall | ||
establish additional eligibility and prioritization criteria as | ||
needed to implement the program [ |
||
|
||
|
||
|
||
(b) Except as otherwise provided by this subsection, to [ |
||
be eligible for a grant under the program, the entity receiving the | ||
grant must agree to make the alternative fueling facility | ||
accessible and available to the public [ |
||
|
||
contract [ |
||
receive a grant for an alternative fueling facility that is not | ||
accessible and available to the public with commission approval. | ||
(c) The commission may not award more than one grant for | ||
each facility. | ||
(d) The commission may give preference to or otherwise limit | ||
grant selections to: | ||
(1) fueling facilities providing specific types of | ||
alternative fuels; | ||
(2) fueling facilities in a specified area or | ||
location; and | ||
(3) fueling facilities meeting other specified | ||
prioritization criteria established by the commission. | ||
(e) For fueling facilities to provide natural gas, the | ||
commission shall give preference to: | ||
(1) facilities providing both liquefied natural gas | ||
and compressed natural gas at a single location; | ||
(2) facilities located not more than one mile from an | ||
interstate highway system; | ||
(3) facilities located in the triangular area in and | ||
between the Houston, San Antonio, and Dallas-Fort Worth areas; and | ||
(4) facilities located in the triangular area in and | ||
between the Corpus Christi, Laredo, and San Antonio areas [ |
||
|
||
|
||
SECTION 37. Section 393.005, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 393.005. RESTRICTION ON USE OF GRANT. (a) A recipient | ||
of a grant under this chapter shall use the grant only to pay the | ||
costs of the facility for which the grant is made. The recipient may | ||
not use the grant to pay the recipient's: | ||
(1) administrative expenses; | ||
(2) expenses for the purchase of land or an interest in | ||
land; or | ||
(3) expenses for equipment or facility improvements | ||
that are not directly related to the delivery, storage, | ||
compression, or dispensing of the alternative fuel at the facility. | ||
(b) Each grant must be awarded using a contract that | ||
requires the recipient to meet operational, maintenance, and | ||
reporting requirements as specified by the commission. | ||
SECTION 38. Section 393.006, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 393.006. AMOUNT OF GRANT. (a) Grants awarded under | ||
this chapter for a facility to provide alternative fuels other than | ||
natural gas may not exceed [ |
||
|
||
|
||
(1) 50 percent of the sum of the actual eligible costs | ||
incurred by the grant recipient within deadlines established by the | ||
commission [ |
||
(2) $600,000. | ||
(b) Grants awarded under this chapter for a facility to | ||
provide natural gas may not exceed: | ||
(1) $400,000 for a compressed natural gas facility; | ||
(2) $400,000 for a liquefied natural gas facility; or | ||
(3) $600,000 for a facility providing both liquefied | ||
and compressed natural gas. | ||
SECTION 39. Section 393.007, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 393.007. EXPIRATION. This chapter expires August 31, | ||
2025 [ |
||
SECTION 40. Section 394.001, Health and Safety Code, is | ||
amended by amending Subdivisions (1), (4), (5), and (7) and adding | ||
Subdivision (1-a) to read as follows: | ||
(1) "Certified" includes: | ||
(A) new vehicle or engine certification by the | ||
United States Environmental Protection Agency; or | ||
(B) certification or approval by the United | ||
States Environmental Protection Agency of a system to convert a | ||
vehicle or engine to operate on an alternative fuel and a | ||
demonstration by the emissions data used to certify or approve the | ||
vehicle or engine, if the commission determines the testing used to | ||
obtain the emissions data is consistent with the testing required | ||
for approval of an alternative fuel conversion system for new and | ||
relatively new vehicles or engines under 40 C.F.R. Part 85 | ||
[ |
||
|
||
(1-a) "Clean transportation triangle" has the meaning | ||
assigned by Section 393.001. | ||
(4) "Heavy-duty motor vehicle" means a motor vehicle | ||
that [ |
||
(A) has a gross vehicle weight rating of more | ||
than 8,500 pounds; and | ||
(B) is certified to or has an engine certified to | ||
the United States Environmental Protection Agency's emissions | ||
standards for heavy-duty vehicles or engines. | ||
(5) "Incremental cost" has the meaning assigned by | ||
Section 386.001 [ |
||
|
||
|
||
|
||
|
||
|
||
|
||
(7) "Motor vehicle" has the meaning assigned by | ||
Section 392.001 [ |
||
SECTION 41. Section 394.003(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) A vehicle is a qualifying vehicle that may be considered | ||
for a grant under the program if during the eligibility period | ||
established by the commission [ |
||
(1) purchased, leased, or otherwise commercially | ||
financed the vehicle as a new on-road heavy-duty or medium-duty | ||
motor vehicle that: | ||
(A) is a natural gas vehicle; | ||
(B) is certified to current federal emissions | ||
standards; | ||
(C) replaces an on-road heavy-duty or | ||
medium-duty motor vehicle of the same weight classification and | ||
use; and | ||
(D) is certified to or powered by an engine | ||
certified to: | ||
(i) emit not more than 0.2 grams of nitrogen | ||
oxides per brake horsepower hour; [ |
||
(ii) meet or exceed the United States | ||
Environmental Protection Agency's Bin 5 standard for light-duty | ||
engines when powering the vehicle; or | ||
(iii) meet or exceed the United States | ||
Environmental Protection Agency's chassis-certified heavy-duty | ||
vehicle emission standard of: | ||
(a) 0.2 grams of nitrogen oxides per | ||
mile for vehicles with a gross vehicle weight rating of 8,501 to | ||
10,000 pounds; or | ||
(b) 0.4 grams of nitrogen oxides per | ||
mile for vehicles with a gross vehicle weight rating of 10,001 to | ||
14,000 pounds; or | ||
(2) repowered the on-road motor vehicle to a natural | ||
gas vehicle powered by a natural gas engine that: | ||
(A) is certified to current federal emissions | ||
standards; and | ||
(B) is: | ||
(i) a heavy-duty engine that is certified | ||
to emit not more than 0.2 grams of nitrogen oxides per brake | ||
horsepower hour; [ |
||
(ii) certified to meet or exceed the United | ||
States Environmental Protection Agency's Bin 5 standard for | ||
light-duty engines when powering the vehicle; or | ||
(iii) certified to meet or exceed the | ||
United States Environmental Protection Agency's chassis-certified | ||
heavy-duty vehicle emission standard of: | ||
(a) 0.2 grams of nitrogen oxides per | ||
mile for vehicles with a gross vehicle weight rating of 8,501 to | ||
10,000 pounds when powering the vehicle; or | ||
(b) 0.4 grams of nitrogen oxides per | ||
mile for vehicles with a gross vehicle weight rating of 10,001 to | ||
14,000 pounds when powering the vehicle. | ||
SECTION 42. Section 394.005, Health and Safety Code, is | ||
amended by amending Subsections (a), (b), (c), (g), and (i) and | ||
adding Subsection (c-1) to read as follows: | ||
(a) The commission [ |
||
prioritizing qualifying vehicles eligible to receive grants under | ||
this chapter. The commission shall review and revise the criteria | ||
as appropriate [ |
||
(b) To be eligible for a grant under the program: | ||
(1) the use of the qualifying vehicle must be | ||
projected to result in a reduction in emissions of nitrogen oxides | ||
of at least 25 percent as compared to the motor vehicle or engine | ||
being replaced, based on: | ||
(A) the baseline emission level set by the | ||
commission under Subsection (g); and | ||
(B) the certified emission rate of the new | ||
vehicle; and | ||
(2) the qualifying vehicle must: | ||
(A) replace a heavy-duty or medium-duty motor | ||
vehicle that: | ||
(i) is an on-road vehicle that has been | ||
owned, leased, or otherwise commercially financed and registered | ||
and operated by the applicant in Texas for at least the two years | ||
immediately preceding the submission of a grant application; | ||
(ii) satisfies any minimum average annual | ||
mileage or fuel usage requirements established by the commission; | ||
(iii) satisfies any minimum percentage of | ||
annual usage requirements established by the commission; and | ||
(iv) is in operating condition and has at | ||
least four [ |
||
accordance with criteria established by the commission; or | ||
(B) be a heavy-duty or medium-duty motor vehicle | ||
repowered with a natural gas engine that: | ||
(i) is installed in an on-road vehicle that | ||
has been owned, leased, or otherwise commercially financed and | ||
registered and operated by the applicant in Texas for at least the | ||
two years immediately preceding the submission of a grant | ||
application; | ||
(ii) satisfies any minimum average annual | ||
mileage or fuel usage requirements established by the commission; | ||
(iii) satisfies any minimum percentage of | ||
annual usage requirements established by the commission; and | ||
(iv) is installed in an on-road vehicle | ||
that, at the time of the vehicle's repowering, was in operating | ||
condition and had at least four [ |
||
life, as determined in accordance with criteria established by the | ||
commission. | ||
(c) As a condition of receiving a grant, the qualifying | ||
vehicle must be continuously owned, leased, or otherwise | ||
commercially financed and registered and operated in the state by | ||
the grant recipient until the earlier of the fourth anniversary of | ||
the activity start date established by the commission [ |
||
|
||
vehicle has been in operation for 400,000 miles after the activity | ||
start date established by the commission [ |
||
less than 75 percent of the annual use of the qualifying vehicle, | ||
either mileage or fuel use as determined by the commission, must | ||
occur in the clean transportation triangle [ |
||
[ |
||
|
||
[ |
||
|
||
|
||
(c-1) For purposes of Subsection (c), the commission shall | ||
establish the activity start date based on the date the commission | ||
accepts verification of the disposition of the vehicle or engine. | ||
(g) The commission shall establish baseline emission levels | ||
for emissions of nitrogen oxides for on-road heavy-duty or | ||
medium-duty motor vehicles being replaced or repowered by using the | ||
emission certification for the engine or vehicle being | ||
replaced. The commission may consider deterioration of the | ||
emission performance of the engine of the vehicle being replaced in | ||
establishing the baseline emission level. The commission may | ||
consider and establish baseline emission rates for additional | ||
pollutants of concern[ |
||
|
||
(i) The executive director may [ |
||
requirements of Subsection (b)(2)(A)(i) on a finding of good cause, | ||
which may include short lapses in registration or operation due to | ||
economic conditions, seasonal work, or other circumstances. | ||
SECTION 43. Section 394.006, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 394.006. RESTRICTION ON USE OF GRANT. A recipient of | ||
a grant under this chapter shall use the grant to pay the | ||
incremental costs of the replacement or vehicle repower for which | ||
the grant is made, which may include a portion of the initial cost | ||
of the natural gas vehicle or natural gas engine, including the cost | ||
of the natural gas fuel system and installation [ |
||
|
||
|
||
grant to pay the recipient's administrative expenses. | ||
SECTION 44. Section 394.007(c), Health and Safety Code, is | ||
amended to read as follows: | ||
(c) A person may not receive a grant under this chapter | ||
that, when combined with any other grant, tax credit, or other | ||
governmental incentive, exceeds the incremental cost of the vehicle | ||
or vehicle repower for which the grant is awarded. A person shall | ||
return to the commission the amount of a grant awarded under this | ||
chapter that, when combined with any other grant, tax credit, or | ||
other governmental incentive, exceeds the incremental cost of the | ||
vehicle or vehicle repower for which the grant is awarded. | ||
SECTION 45. Sections 394.008(a) and (b), Health and Safety | ||
Code, are amended to read as follows: | ||
(a) The commission shall establish [ |
||
(1) awarding grants under this chapter to reimburse | ||
eligible costs [ |
||
(2) streamlining the grant application, contracting, | ||
reimbursement, and reporting process for qualifying natural gas | ||
vehicle purchases or repowers. | ||
(b) Procedures established [ |
||
must: | ||
(1) provide for the commission to compile and | ||
regularly update a listing of potentially eligible [ |
||
natural gas vehicles and engines powered by natural gas that are | ||
certified to: | ||
(A) [ |
||
emit not more than 0.2 grams of nitrogen oxides per brake horsepower | ||
hour; [ |
||
(B) meet or exceed [ |
||
States Environmental Protection Agency's light-duty Bin 5 standard | ||
[ |
||
(C) meet or exceed the United States | ||
Environmental Protection Agency's chassis-certified heavy-duty | ||
vehicle emission standard of: | ||
(i) 0.2 grams of nitrogen oxides per mile | ||
for vehicles with a gross vehicle weight rating of 8,501 to 10,000 | ||
pounds; or | ||
(ii) 0.4 grams of nitrogen oxides per mile | ||
for vehicles with a gross vehicle weight rating of 10,001 to 14,000 | ||
pounds; | ||
(2) if a federal standard for the calculation of | ||
emissions reductions exists, provide a method to calculate the | ||
reduction in emissions of nitrogen oxides, volatile organic | ||
compounds, carbon monoxide, particulate matter, and sulfur | ||
compounds for each replacement or repowering; | ||
(3) assign a standardized grant [ |
||
each qualifying vehicle or engine repower under Section 394.007; | ||
(4) allow for processing applications [ |
||
ongoing first-come, first-served basis; | ||
(5) [ |
||
|
||
[ |
||
|
||
|
||
[ |
||
fueling stations that are available to fuel the qualifying vehicle | ||
in the area of its use; | ||
(6) [ |
||
day after the date the request for reimbursement for an approved | ||
grant is received; | ||
(7) [ |
||
application status checks using procedures established by the | ||
commission, which may include application submission and status | ||
checks to be made over the Internet; and | ||
(8) [ |
||
administrative work for applicants and the commission associated | ||
with grant application, contracting, reimbursement, and reporting | ||
requirements. | ||
SECTION 46. Section 394.012, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 394.012. EXPIRATION. This chapter expires August 31, | ||
2025 [ |
||
SECTION 47. Section 151.0515(d), Tax Code, is amended to | ||
read as follows: | ||
(d) This section expires August 31, 2025 [ |
||
SECTION 48. Section 152.0215(c), Tax Code, is amended to | ||
read as follows: | ||
(c) This section expires August 31, 2025 [ |
||
SECTION 49. Section 501.138(b-3), Transportation Code, is | ||
amended to read as follows: | ||
(b-3) This subsection and Subsection (b-2) expire August | ||
31, 2025 [ |
||
SECTION 50. Section 502.358(c), Transportation Code, is | ||
amended to read as follows: | ||
(c) This section expires August 31, 2025 [ |
||
SECTION 51. The heading to Section 548.5055, Transportation | ||
Code, is amended to read as follows: | ||
Sec. 548.5055. TEXAS EMISSIONS [ |
||
FEE. | ||
SECTION 52. Sections 548.5055(b) and (c), Transportation | ||
Code, are amended to read as follows: | ||
(b) The department shall remit fees collected under this | ||
section to the comptroller at the time and in the manner prescribed | ||
by the comptroller for deposit in the Texas emissions [ |
||
reduction plan fund. | ||
(c) This section expires August 31, 2025 [ |
||
SECTION 53. Sections 386.112, 386.113, 386.114, 386.115, | ||
386.117(e), 391.302, 394.009, 394.010, and 394.011, Health and | ||
Safety Code, are repealed. | ||
SECTION 54. The changes in law made by this Act apply only | ||
to a Texas emissions reduction plan grant awarded on or after the | ||
effective date of this Act. A grant awarded before the effective | ||
date of this Act is governed by the law in effect on the date the | ||
award was made, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 55. (a) Not later than December 31, 2017, the Texas | ||
Commission on Environmental Quality shall post on the commission's | ||
Internet website the information required by Sections | ||
386.102(e)(4)(A) and 386.117(g)(1), Health and Safety Code, as | ||
added by this Act. | ||
(b) As soon as practicable after December 31, 2017, the | ||
Texas Commission on Environmental Quality shall implement the | ||
methods required by Sections 386.102(e)(4)(B) and 386.117(g)(2), | ||
Health and Safety Code, as added by this Act. | ||
SECTION 56. This Act takes effect August 30, 2017. |