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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirements for grant programs funded through the |
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Texas emissions reduction plan. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 386.104, Health and Safety Code, is |
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amended by adding Subsections (i), (j), (k), (l), and (m) to read as |
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follows: |
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(i) If the commission determines that a heavy-duty motor |
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vehicle or engine under this chapter must be decommissioned, the |
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commission shall require the decommissioning to be carried out by |
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crushing the vehicle, by making a hole in the engine block and |
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permanently destroying the frame of the vehicle, or by another |
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method approved by the commission that permanently removes the |
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vehicle from operation in this state. The commission shall provide |
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a means for an applicant to propose an alternative method for |
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complying with the requirements of this subsection. The commission |
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shall enforce the requirements of this subsection. |
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(j) The executive director shall waive any eligibility |
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requirements established under this section on a finding of good |
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cause, which may include a waiver for short lapses in registration |
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or operation attributable to economic conditions, seasonal work, or |
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other circumstances. |
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(k) The commission shall consider an application under this |
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chapter for the replacement of a vehicle that has been owned, |
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leased, or otherwise commercially financed by the applicant. If |
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the commission determines that a heavy-duty motor vehicle or engine |
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that is leased or otherwise commercially financed must be |
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decommissioned, the commission shall ensure that the applicant has |
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a legal right to decommission the vehicle or engine before awarding |
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a grant to the applicant. |
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(l) The commission shall consider an application for a |
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vehicle replacement or a fleet expansion for a project with an |
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activity life of five years or more, or 400,000 miles, whichever is |
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earlier. |
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(m) The commission shall provide a form that minimizes, to |
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the maximum extent possible, the amount of paperwork required. |
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SECTION 2. Section 391.002, Health and Safety Code, as |
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added by Chapter 1232 (S.B. 1759), Acts of the 81st Legislature, |
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Regular Session, 2009, is amended by amending Subsection (b) and |
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adding Subsection (c) to read as follows: |
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(b) An entity that places 20 [25] or more qualifying |
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vehicles in service for use entirely in this state during a calendar |
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year is eligible to participate in the program. |
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(c) Notwithstanding Subsection (b), an entity that submits |
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a grant application for 20 or more qualifying vehicles is eligible |
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to participate in the program even if the commission denies |
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approval for one or more of the vehicles during the application |
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process. |
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SECTION 3. Section 391.004, Health and Safety Code, as |
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added by Chapter 1232 (S.B. 1759), Acts of the 81st Legislature, |
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Regular Session, 2009, is amended by amending Subsection (a) and |
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adding Subsection (d) to read as follows: |
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(a) An entity operating in this state that operates a fleet |
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of at least 75 [100] vehicles may apply for and receive a grant |
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under the program. |
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(d) The commission shall minimize, to the maximum extent |
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possible, the amount of paperwork required for an application. An |
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applicant may be required to submit a photograph or other |
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documentation of a vehicle identification number, registration |
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information, inspection information, tire condition, or engine |
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block identification only if the photograph or documentation is |
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requested by the commission after the commission has decided to |
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award a grant to the applicant under this chapter. |
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SECTION 4. Section 391.005, Health and Safety Code, as |
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added by Chapter 1232 (S.B. 1759), Acts of the 81st Legislature, |
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Regular Session, 2009, is amended by amending Subsections (b), (c), |
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(d), and (f) and adding Subsection (i) to read as follows: |
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(b) To be eligible for a grant under the program, a project |
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must: |
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(1) result in a reduction in emissions of nitrogen |
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oxides or other pollutants, as established by the commission, of at |
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least 25 percent, based on: |
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(A) the baseline emission level set by the |
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commission under Subsection (g); and |
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(B) the certified emission rate of the new |
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vehicle; and |
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(2) replace a vehicle that: |
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(A) is an on-road vehicle that has been owned, |
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leased, or otherwise commercially financed and registered[,] and |
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operated by the applicant in Texas for at least the two years |
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immediately preceding the submission of a grant application; |
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(B) satisfies any minimum average annual mileage |
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or fuel usage requirements established by the commission; |
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(C) satisfies any minimum percentage of annual |
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usage requirements established by the commission; and |
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(D) is in operating condition and has at least |
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two years of remaining useful life, as determined in accordance |
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with criteria established by the commission. |
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(c) As a condition of receiving a grant, the qualifying |
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vehicle must be continuously owned, registered, and operated in the |
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state by the grant recipient until the earlier of the fifth |
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anniversary of [for at least five years from] the date of |
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reimbursement of the grant-funded expenses or until the date the |
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vehicle has been in operation for 400,000 miles after the date of |
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reimbursement. Not less than 75 percent of the annual use of the |
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qualifying vehicle, either mileage or fuel use as determined by the |
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commission, must occur in the state. |
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(d) The commission shall include and enforce the usage |
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provisions in the grant contracts. The commission shall monitor |
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compliance with the contract [ownership and usage] requirements, |
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including submission of reports on at least an annual basis, or more |
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frequently as determined by the commission. |
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(f) A vehicle or engine replaced under this program must be |
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rendered permanently inoperable by crushing the vehicle, by [or] |
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making a hole in the engine block and permanently destroying the |
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frame of the vehicle, or by another method approved by the |
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commission that permanently removes the vehicle from operation in |
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this state. The commission shall provide a means for an applicant to |
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propose an alternative method of complying with the requirements of |
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this subsection. [The commission shall establish criteria for
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ensuring the permanent destruction of the engine and vehicle.] The |
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commission shall [monitor and] enforce the [destruction] |
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requirements of this subsection. |
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(i) The executive director shall waive the requirements of |
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Subsection (b)(2)(A) on a finding of good cause, which may include a |
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waiver for short lapses in registration or operation attributable |
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to economic conditions, seasonal work, or other circumstances. |
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SECTION 5. Sections 386.104, 391.002, 391.004, and 391.005, |
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Health and Safety Code, as amended by this Act, apply only to a |
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grant application submitted to the Texas Commission on |
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Environmental Quality on or after the effective date of this Act. A |
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grant application submitted to the Texas Commission on |
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Environmental Quality before the effective date of this Act is |
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governed by the law in effect on the date the application was |
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submitted, and the former law is continued in effect for that |
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purpose. |
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SECTION 6. This Act takes effect September 1, 2011. |