Bill Text: TX HB3479 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the Texas emissions reduction plan and other related programs and measures to reduce emissions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-04-18 - Left pending in committee [HB3479 Detail]
Download: Texas-2017-HB3479-Introduced.html
By: Pickett | H.B. No. 3479 |
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relating to the Texas emissions reduction plan and other related | ||
programs and measures to reduce emissions. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 386.001(3), Health and Safety Code, is | ||
amended to read as follows: | ||
(3) "Commission" means the Texas [ |
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SECTION 2. Section 386.002, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 386.002. EXPIRATION. This chapter expires on the last | ||
day of the state fiscal biennium containing the date marking five | ||
years from the United States Environmental Protection Agency | ||
publication of certification in the Federal Register that, with | ||
respect to each national ambient air quality standard for ozone | ||
under 40 C.F.R. Section 81.344, the United States Environmental | ||
Protection Agency has, for each designated area in Texas under that | ||
section: | ||
(1) designated the area as attainment or | ||
unclassifiable; or | ||
(2) approved a redesignation substitute making a | ||
finding of attainment for the area [ |
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SECTION 3. Section 386.051(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) Under the plan, the commission [ |
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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 seaport and rail yard areas emissions | ||
reduction program established under Subchapter D-1 [ |
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(3) the new technology implementation grant program | ||
established under Chapter 391 [ |
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(4) the clean fleet program established under Chapter | ||
392 [ |
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(5) the natural gas vehicle grant program established | ||
under Chapter 394 [ |
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(6) a contract with the Energy Systems Laboratory at | ||
the Texas A&M Engineering Experiment Station for computation of | ||
creditable statewide emissions reductions as provided by Section | ||
386.252(a) [ |
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(7) 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 [ |
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and | ||
(8) other programs the commission may develop that | ||
support congestion mitigation to reduce mobile source ozone | ||
precursor emissions [ |
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SECTION 4. Sections 386.0515(a) and (c), Health and Safety | ||
Code, are amended to read as follows: | ||
(a) In this section: | ||
(1) "Agricultural[ |
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transportation" means the transportation of a raw agricultural | ||
product from the place of production using a heavy-duty truck to: | ||
(A) [ |
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(B) [ |
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(C) [ |
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transportation zone [ |
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(D) [ |
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by Paragraph (B) [ |
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described by Paragraph (A) or (C) [ |
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(2) "Clean transportation zone" has the meaning | ||
assigned by Section 394.001. | ||
(c) The determining factor for eligibility for | ||
participation in a program established under Chapter 392 or | ||
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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 | ||
zone [ |
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SECTION 5. Section 386.104(j), Health and Safety Code, is | ||
amended to read as follows: | ||
(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 6. Section 386.116(a), Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 386.116. SMALL BUSINESS INCENTIVES. (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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SECTION 7. Subchapter D-1, Chapter 386, Health and Safety | ||
Code, is retitled as follows: | ||
SUBCHAPTER D-1. SEAPORT AND RAIL YARD AREAS EMISSIONS REDUCTION | ||
PROGRAM [ |
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SECTION 8. 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; and | ||
(2) "drayage truck" means a heavy-duty on-road or | ||
non-road vehicle used for drayage activities and that operates or | ||
transgresses through a seaport or rail yard for the purpose of | ||
loading, unloading, or transporting cargo, including transporting | ||
empty containers and chassis [ |
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SECTION 9. Section 386.182, Health and Safety Code, is | ||
amended to amend Subsections (a) and (b) to read as follows: | ||
(a) The commission shall develop a purchase incentive | ||
program to encourage owners to replace older drayage trucks and | ||
cargo handling equipment [ |
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newer drayage trucks and cargo handling equipment and shall adopt | ||
guidelines necessary to implement the program. | ||
(b) The commission by rule and 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 10. Section 386.183, Health and Safety Code, is | ||
amended to amend the section title and subsections (a), (b), (c), | ||
(d), and (e), and to add new subsections (a-1) and (a-2) as follows: | ||
Sec. 386.183. DRAYAGE TRUCK AND CARGO HANDLING EQUIPMENT | ||
PURCHASE INCENTIVE. (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 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 truck is an on-road vehicle; | ||
(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 vehicle's annual mileage | ||
or hours of operation, as determined by the commission; and | ||
(C) permanently remove the drayage truck or cargo | ||
handling equipment [ |
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operation 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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guidelines established by the commission. | ||
(a-1) To be eligible for replacement under this program a | ||
drayage truck or cargo handling equipment must contain an engine of | ||
a model year or certified to a federal emissions standard | ||
established by the commission sufficient to ensure that the project | ||
will achieve at least a 25 percent reduction in nitrogen oxides | ||
emissions. | ||
(a-2) To be eligible for purchase under this program a | ||
drayage truck or cargo handling equipment must be powered by an | ||
electric motor or contain an engine certified to the current | ||
federal emission standards applicable to that type of engine, as | ||
determined by the commission. | ||
(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 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. | ||
(f) The commission may modify this program to improve its | ||
effectiveness or further the goals of Subchapter B. | ||
SECTION 11. Section 386.251(c), Health and Safety Code, is | ||
amended to read as follows: | ||
(c) The fund consists of: | ||
(1) the amount of money deposited to the credit of the | ||
fund under: | ||
(A) Section 386.056; | ||
(B) Sections 151.0515 and 152.0215, Tax Code; and | ||
(C) Sections [ |
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Transportation Code; and | ||
(2) grant money recaptured under Section 386.111(d) | ||
and Chapter 391. | ||
SECTION 12. 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 as follows: | ||
(1) five percent may be used for the clean fleet | ||
program under Chapter 392 [ |
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(2) 10 percent may be used for the Texas natural gas | ||
vehicle grant program under Chapter 394 [ |
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(3) two percent may be used for the seaport and rail | ||
yard areas emissions reduction program established under | ||
Subchapter D-1 [ |
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(4) at least $4 million and up to four percent to a | ||
maximum of $7 million, whichever is greater, may be used by the | ||
commission for administrative costs and costs for conducting | ||
outreach and education activities to promote participation in the | ||
programs funded under this section [ |
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(5) not more than $216,000 may be used by the | ||
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 obtained through wind and other renewable | ||
energy resources for the state implementation plan [ |
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(6) the balance may be used by the commission for the | ||
diesel emissions reduction incentive program under Subchapter C as | ||
determined by the commission [ |
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(b) Money in the fund may be used by the commission for | ||
programs under Sections 386.051(b)(7), (b)(8), and (b-1) as may be | ||
appropriated for those programs [ |
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(c) If the legislature does not specify amounts or | ||
percentages from the total appropriation to the commission to be | ||
allocated under Subsection (a) or (b), 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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(d) To supplement funding for air quality planning | ||
activities in affected counties, $500,000 from the fund is to be | ||
deposited annually in the state treasury to the credit of the clean | ||
air account created under Section 382.0622 [ |
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(e) Money in the fund may 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 [ |
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(f) 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, 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 [ |
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SECTION 13. Section 390.006, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 390.006. EXPIRATION. This chapter expires August 31, | ||
2017 [ |
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SECTION 14. Section 391.304, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 391.304. EXPIRATION. This chapter expires August 31, | ||
2017 [ |
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SECTION 15. Section 392.001(1), Health and Safety Code, is | ||
amended to read as follows: | ||
(1) "Alternative fuel" means a fuel other than | ||
gasoline or diesel fuel, including electricity, compressed natural | ||
gas, liquefied [ |
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mixture of fuels containing at least 85 percent methanol by volume. | ||
SECTION 16. 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 during the eligibility period | ||
established by the commission [ |
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a new on-road vehicle that: | ||
(1) is certified to the appropriate current federal | ||
emissions standards as determined by the commission; | ||
(2) replaces a diesel-powered on-road vehicle of the | ||
same weight classification and use; and | ||
(3) is a hybrid vehicle or fueled by an alternative | ||
fuel. | ||
SECTION 17. 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. [ |
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SECTION 18. Section 392.005, Health and Safety Code, is | ||
amended by amending Subsections (c) and (i) and adding Subsection | ||
(c-1) to read as follows: | ||
(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 [ |
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or [ |
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miles after the activity start date established by the commission | ||
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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 may | ||
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 [ |
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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 19. Section 392.008, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 392.008. EXPIRATION. This chapter expires on the last | ||
day of the state fiscal biennium containing the date marking five | ||
years from the United States Environmental Protection Agency | ||
publication of certification in the Federal Register that, with | ||
respect to each national ambient air quality standard for ozone | ||
under 40 C.F.R. Section 81.344, the United States Environmental | ||
Protection Agency has, for each designated area in Texas under that | ||
section: | ||
(1) designated the area as attainment or | ||
unclassifiable; or | ||
(2) approved a redesignation substitute making a | ||
finding of attainment for the area [ |
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SECTION 20. Section 393.007, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 393.007. EXPIRATION. This chapter expires August 31, | ||
2017 [ |
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SECTION 21. Section 394.001, Health and Safety Code, is | ||
amended by amending Subdivisions (1), (4), (5), and (8) and adding | ||
Subdivision (7-a) to read as follows: | ||
(1) "Clean transportation zone" 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 area bounded 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) highways connecting Corpus Christi and | ||
Laredo; | ||
(D) counties located within the area bounded 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 [ |
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(4) "Heavy-duty motor vehicle" means a motor vehicle | ||
that [ |
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(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 [ |
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(7-a) "Natural gas engine" means an engine that | ||
operates: | ||
(A) solely on compressed or liquefied natural | ||
gas; or | ||
(B) receives not less than 75 percent of its | ||
power from compressed or liquefied natural gas. | ||
(8) "Natural gas vehicle" means a motor vehicle that | ||
is powered by a natural gas engine [ |
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SECTION 22. 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 [ |
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(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 the appropriate current | ||
federal emissions standards as determined by the commission; and | ||
(C) replaces an on-road heavy-duty or | ||
medium-duty motor vehicle of the same weight classification and | ||
use; [ |
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(2) repowered the on-road motor vehicle to a natural | ||
gas vehicle powered by a natural gas engine that[ |
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federal emissions standards as determined by the commission[ |
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SECTION 23. Section 394.005, Health and Safety Code, is | ||
amended by amending Subsections (a), (b), (c), (f), (g), and (i) and | ||
adding Subsection (c-1) to read as follows: | ||
(a) The commission [ |
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prioritizing qualifying vehicles eligible to receive grants under | ||
this chapter. The commission shall review and revise the criteria | ||
as appropriate [ |
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(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 two years of remaining useful life, as determined in | ||
accordance with criteria established by the commission; [ |
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(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 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, 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 [ |
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vehicle has been in operation for 400,000 miles after the activity | ||
start date established by the commission [ |
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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 zone [ |
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(c-1) For purposes of Subsection (c), the commission may | ||
establish the activity start date based on the date the commission | ||
accepts verification of the disposition of the vehicle or engine. | ||
(f) A heavy-duty or medium-duty motor vehicle replaced | ||
under this program must be rendered permanently inoperable 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 | ||
establish criteria for ensuring the permanent destruction of the | ||
engine or vehicle. The commission shall enforce the destruction | ||
requirements. | ||
(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[ |
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(i) The executive director may [ |
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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 24. 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 [ |
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to pay the recipient's administrative expenses. | ||
SECTION 25. 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 26. Sections 394.008(a) and (b), Health and Safety | ||
Code, are amended to read as follows: | ||
(a) The commission shall establish [ |
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(1) awarding grants under this chapter to reimburse | ||
eligible costs [ |
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(2) streamlining the grant application, contracting, | ||
reimbursement, and reporting process for qualifying natural gas | ||
vehicle purchases or repowers. | ||
(b) Procedures established [ |
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must: | ||
(1) provide for the commission to compile and | ||
regularly update a listing of potentially eligible [ |
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natural gas vehicles and engines powered by natural gas that are | ||
certified to the appropriate current federal emissions standards as | ||
determined by the commission[ |
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(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 [ |
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each qualifying vehicle or engine repower under Section 394.007; | ||
(4) allow for processing applications [ |
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ongoing first-come, first-served basis; | ||
(5) [ |
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[ |
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[ |
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fueling stations that are available to fuel the qualifying vehicle | ||
in the area of its use; | ||
(6) [ |
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day after the date the request for reimbursement for an approved | ||
grant is received; | ||
(7) [ |
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application status checks, which may include procedures for | ||
application submission and status checks to be made over the | ||
Internet; and | ||
(8) [ |
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administrative work for applicants and the commission associated | ||
with grant application, contracting, reimbursement, and reporting | ||
requirements. | ||
SECTION 27. Section 394.012, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 394.012. EXPIRATION. This chapter expires on the last | ||
day of the state fiscal biennium containing the date marking five | ||
years from the United States Environmental Protection Agency | ||
publication of certification in the Federal Register that, with | ||
respect to each national ambient air quality standard for ozone | ||
under 40 C.F.R. Section 81.344, the United States Environmental | ||
Protection Agency has, for each designated area in Texas under that | ||
section: | ||
(1) designated the area as attainment or | ||
unclassifiable; or | ||
(2) approved a redesignation substitute making a | ||
finding of attainment for the area [ |
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SECTION 28. Section 151.0515, Tax Code, is amended to add | ||
Subsection (c-1) and to amend Subsection (d) to read as follows: | ||
(c-1) (1) Collection of the surcharge imposed by this | ||
section shall be suspended for a period beginning September 1, | ||
2017, and ending August 31, 2025, with collections to resume | ||
September 1, 2025, provided that this section has not expired prior | ||
to that date. | ||
(2) During the period of suspension in (1), should the | ||
Texas commission on environmental quality estimate a balance in the | ||
fund at an amount that the appropriations and estimated transfers | ||
and other deductions out of the fund for the following state fiscal | ||
biennium will cause the balance in the fund to fall below $500 | ||
million during that biennium, the commission shall notify the | ||
comptroller that the fund is estimated to be below the desired base | ||
level. If the comptroller concurs with that estimate, the | ||
suspension period will terminate early, and the comptroller shall | ||
cause collection of the surcharge to resume beginning September 1 | ||
of the following state fiscal biennium or as soon thereafter as is | ||
feasible, provided that this section has not expired prior to that | ||
date. | ||
(d) This section expires on the last day of the state fiscal | ||
biennium containing the date marking five years from the United | ||
States Environmental Protection Agency publication of | ||
certification in the Federal Register that, with respect to each | ||
national ambient air quality standard for ozone under 40 C.F.R. | ||
Section 81.344, the United States Environmental Protection Agency | ||
has, for each designated area in Texas under that section: | ||
(1) designated the area as attainment or | ||
unclassifiable; or | ||
(2) approved a redesignation substitute making a | ||
finding of attainment for the area [ |
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SECTION 29. Section 152.0215, Tax Code, is amended to add | ||
Subsection (b-1) and to amend Subsection (c) to read as follows: | ||
(b-1) (1) Collection of the surcharge imposed by this | ||
section shall be suspended for a period beginning September 1, | ||
2017, and ending August 31, 2025, with collections to resume | ||
September 1, 2025, provided that this section has not expired prior | ||
to that date. | ||
(2) During the period of suspension in (1), should the | ||
Texas commission on environmental quality estimate a balance in the | ||
Texas emissions reduction plan fund at an amount that the | ||
appropriations and estimated transfers and other deductions out of | ||
the fund for the following state fiscal biennium will cause the | ||
balance in the fund to fall below $500 million during that biennium, | ||
the commission shall notify the comptroller that the fund is | ||
estimated to be below the desired base level. If the comptroller | ||
concurs with that estimate, the suspension period will terminate | ||
early, and the comptroller shall cause collection of the surcharge | ||
to resume beginning September 1 of the following state fiscal | ||
biennium or as soon thereafter as is feasible, provided that this | ||
section has not expired prior to that date. | ||
(c) This section expires on the last day of the state fiscal | ||
biennium containing the date marking five years from the United | ||
States Environmental Protection Agency publication of | ||
certification in the Federal Register that, with respect to each | ||
national ambient air quality standard for ozone under 40 C.F.R. | ||
Section 81.344, the United States Environmental Protection Agency | ||
has, for each designated area in Texas under that section: | ||
(1) designated the area as attainment or | ||
unclassifiable; or | ||
(2) approved a redesignation substitute making a | ||
finding of attainment for the area [ |
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SECTION 30. Section 501.138, Transportation Code, is | ||
amended to amend Subsections (b-1) and (b-3) to read as follows: | ||
(b-1) Fees collected under Subsection (b) to be sent to the | ||
comptroller shall be deposited to the credit of the Texas Mobility | ||
Fund[ |
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(b-3) This subsection and Subsection (b-2) expire August | ||
31, 2017 [ |
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SECTION 31. Section 502.358, Transportation Code, is | ||
amended to add Subsection (b-1) and to amend Subsection (c) to read | ||
as follows: | ||
(b-1) (1) Collection of the surcharge imposed by this | ||
section shall be suspended for a period beginning September 1, | ||
2017, and ending August 31, 2025, with collections to resume | ||
September 1, 2025, provided that this section has not expired prior | ||
to that date. | ||
(2) During the period of suspension in (1), should the | ||
Texas commission on environmental quality estimate a balance in the | ||
Texas emissions reduction plan fund at an amount that the | ||
appropriations and estimated transfers and other deductions out of | ||
the fund for the following state fiscal biennium will cause the | ||
balance in the fund to fall below $500 million during that biennium, | ||
the commission shall notify the comptroller that the fund is | ||
estimated to be below the desired base level. If the comptroller | ||
concurs with that estimate, the suspension period will terminate | ||
early, and the comptroller shall cause collection of the surcharge | ||
to resume beginning September 1 of the following state fiscal | ||
biennium or as soon thereafter as is feasible, provided that this | ||
section has not expired prior to that date. | ||
(c) This section expires on the last day of the state fiscal | ||
biennium containing the date marking five years from the United | ||
States Environmental Protection Agency publication of | ||
certification in the Federal Register that, with respect to each | ||
national ambient air quality standard for ozone under 40 C.F.R. | ||
Section 81.344, the United States Environmental Protection Agency | ||
has, for each designated area in Texas under that section: | ||
(1) designated the area as attainment or | ||
unclassifiable; or | ||
(2) approved a redesignation substitute making a | ||
finding of attainment for the area [ |
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SECTION 32. The heading to Section 548.5055, Transportation | ||
Code, is amended to read as follows: | ||
Sec. 548.5055. TEXAS EMISSIONS [ |
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FEE. | ||
SECTION 33. Section 548.5055, Transportation Code, is | ||
amended to add Subsection (b-1) and to amend Subsections (b) and (c) | ||
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. | ||
(b-1) Collection of the fee imposed by this section shall be | ||
suspended for a period beginning September 1, 2017, and ending | ||
August 31, 2025, with collections to resume September 1, 2025, | ||
provided that this section has not expired prior to that date. | ||
(2) During the period of suspension in (1), should the | ||
Texas commission on environmental quality estimate a balance in the | ||
Texas emissions reduction plan fund at an amount that the | ||
appropriations and estimated transfers and other deductions out of | ||
the fund for the following state fiscal biennium will cause the | ||
balance in the fund to fall below $500 million during that biennium, | ||
the commission shall notify the comptroller and the department that | ||
the fund is estimated to be below the desired base level. If the | ||
comptroller agrees with that estimate, the comptroller shall notify | ||
the department and the suspension period will terminate early. | ||
Upon notification, the department shall cause collection of the fee | ||
to resume beginning September 1 of the following state fiscal | ||
biennium or as soon thereafter as is feasible, provided that this | ||
section has not expired prior to that date. | ||
(c) This section expires on the last day of the state fiscal | ||
biennium containing the date marking five years from the United | ||
States Environmental Protection Agency publication of | ||
certification in the Federal Register that, with respect to each | ||
national ambient air quality standard for ozone under 40 C.F.R. | ||
Section 81.344, the United States Environmental Protection Agency | ||
has, for each designated area in Texas under that section: | ||
(1) designated the area as attainment or | ||
unclassifiable; or | ||
(2) approved a redesignation substitute making a | ||
finding of attainment for the area [ |
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SECTION 34. Sections 394.009, 394.010, and 394.011, Health | ||
and Safety Code, are repealed. | ||
SECTION 35. 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 36. The changes in law made by this Act apply only | ||
to a fee or surcharge collected on or after the effective date of | ||
this Act. A fee or surcharge collected before the effective date of | ||
this Act is governed by the law in effect when the fee or surcharge | ||
was collected, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 37. This Act takes effect August 30, 2017. |