Bill Text: TX HB3399 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the requirements for grant programs funded through the Texas emissions reduction plan.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB3399 Detail]
Download: Texas-2011-HB3399-Enrolled.html
H.B. No. 3399 |
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relating to the requirements for grant programs funded through the | ||
Texas emissions reduction plan. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 386.104, Health and Safety Code, is | ||
amended by adding Subsections (i), (j), (k), (l), and (m) to read as | ||
follows: | ||
(i) If the commission determines that a heavy-duty motor | ||
vehicle or engine under this chapter must be decommissioned, the | ||
commission shall require the decommissioning to be carried out by | ||
crushing the vehicle, by making a hole in the engine block and | ||
permanently destroying the frame of the vehicle, or by another | ||
method approved by the commission that permanently removes the | ||
vehicle from operation in this state. The commission shall provide | ||
a means for an applicant to propose an alternative method for | ||
complying with the requirements of this subsection. The commission | ||
shall enforce the requirements of this subsection. | ||
(j) The executive director shall waive any 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. | ||
(k) The commission shall consider an application under this | ||
chapter for the replacement of a vehicle that has been owned, | ||
leased, or otherwise commercially financed by the applicant. If | ||
the commission determines that a heavy-duty motor vehicle or engine | ||
that is leased or otherwise commercially financed must be | ||
decommissioned, the commission shall ensure that the applicant has | ||
a legal right to decommission the vehicle or engine before awarding | ||
a grant to the applicant. | ||
(l) The commission shall consider an application for a | ||
vehicle replacement or a fleet expansion for a project with an | ||
activity life of five years or more, or 400,000 miles, whichever is | ||
earlier. | ||
(m) The commission shall provide a form that minimizes, to | ||
the maximum extent possible, the amount of paperwork required. | ||
SECTION 2. Section 391.002, Health and Safety Code, as | ||
added by Chapter 1232 (S.B. 1759), Acts of the 81st Legislature, | ||
Regular Session, 2009, is amended by amending Subsection (b) and | ||
adding Subsection (c) to read as follows: | ||
(b) An entity that places 20 [ |
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vehicles in service for use entirely in this state during a calendar | ||
year is eligible to participate in the program. | ||
(c) Notwithstanding Subsection (b), an entity that submits | ||
a grant application for 20 or more qualifying vehicles is eligible | ||
to participate in the program even if the commission denies | ||
approval for one or more of the vehicles during the application | ||
process. | ||
SECTION 3. Section 391.004, Health and Safety Code, as | ||
added by Chapter 1232 (S.B. 1759), Acts of the 81st Legislature, | ||
Regular Session, 2009, is amended by amending Subsection (a) and | ||
adding Subsection (d) to read as follows: | ||
(a) An entity operating in this state that operates a fleet | ||
of at least 75 [ |
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under the program. | ||
(d) The commission shall minimize, to the maximum extent | ||
possible, the amount of paperwork required for an application. An | ||
applicant may be required to submit a photograph or other | ||
documentation of a vehicle identification number, registration | ||
information, inspection information, tire condition, or engine | ||
block identification only if the photograph or documentation is | ||
requested by the commission after the commission has decided to | ||
award a grant to the applicant under this chapter. | ||
SECTION 4. Section 391.005, Health and Safety Code, as | ||
added by Chapter 1232 (S.B. 1759), Acts of the 81st Legislature, | ||
Regular Session, 2009, is amended by amending Subsections (b), (c), | ||
(d), and (f) and adding Subsection (i) 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[ |
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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 | ||
two years of remaining useful 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, registered, and operated in the | ||
state by the grant recipient until the earlier of the fifth | ||
anniversary of [ |
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reimbursement of the grant-funded expenses or until the date the | ||
vehicle has been in operation for 400,000 miles after the date of | ||
reimbursement. Not 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 state. | ||
(d) The commission shall include and enforce the usage | ||
provisions in the grant contracts. The commission shall monitor | ||
compliance with the contract [ |
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including submission of reports on at least an annual basis, or more | ||
frequently as determined by the commission. | ||
(f) A vehicle or engine replaced under this program must be | ||
rendered permanently inoperable by crushing the vehicle, by [ |
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making a hole in the engine block and permanently destroying the | ||
frame of the vehicle, or by another method approved by the | ||
commission that permanently removes the vehicle from operation in | ||
this state. The commission shall provide a means for an applicant to | ||
propose an alternative method of complying with the requirements of | ||
this subsection. [ |
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commission shall [ |
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requirements of this subsection. | ||
(i) The executive director shall waive the 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 5. Sections 386.104, 391.002, 391.004, and 391.005, | ||
Health and Safety Code, as amended by this Act, apply only to a | ||
grant application submitted to the Texas Commission on | ||
Environmental Quality on or after the effective date of this Act. A | ||
grant application submitted to the Texas Commission on | ||
Environmental Quality before the effective date of this Act is | ||
governed by the law in effect on the date the application was | ||
submitted, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 6. This Act takes effect September 1, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3399 was passed by the House on May | ||
11, 2011, by the following vote: Yeas 148, Nays 1, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3399 was passed by the Senate on May | ||
25, 2011, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |