Bill Text: TX HB3802 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of a zero-emission vehicle program under the Texas emissions reduction plan.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-24 - Committee report sent to Calendars [HB3802 Detail]
Download: Texas-2019-HB3802-Introduced.html
Bill Title: Relating to the creation of a zero-emission vehicle program under the Texas emissions reduction plan.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-24 - Committee report sent to Calendars [HB3802 Detail]
Download: Texas-2019-HB3802-Introduced.html
By: Guillen | H.B. No. 3802 |
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relating to the creation of a zero-emissions vehicle program. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. CHAPTER 386, HEALTH AND SAFETY CODE, is amended | ||
by adding Subchapter G. ZERO EMISSION VEHICLE PROGRAM to read as | ||
follows: | ||
SUBCHAPTER G. ZERO EMISSION VEHICLE PROGRAM | ||
Sec. 386.301. DEFINITIONS. | ||
In this subchapter: | ||
(1) "Program" means the zero-emission vehicle program | ||
established under this subchapter. | ||
(2) "Retrofit" means to equip an exhaust system with | ||
new emissions-reducing parts or technology verified by the United | ||
States Environmental Protection Agency after manufacture of the | ||
original engine and fuel system. | ||
(3) "Zero emission vehicle" is defined as a vehicle that | ||
produces no more than 2% pollutants; Carbon Dioxide, Carbon | ||
Monoxide, Nitrogen dioxide, Sulfur Dioxide emitted as emissions | ||
from its tailpipe, as determined by the Commission. | ||
(4) "Governmental entity" has the meaning assigned to | ||
Section 2252.001(2), Government Code. | ||
Sec. 386.002. PROGRAM. | ||
(a) The commission shall establish and administer a | ||
zero-emissions vehicle program designed to reduce the total volume | ||
of emissions expelled from vehicle tailpipes in Texas. Under the | ||
program, the commission shall provide grants for eligible projects | ||
to offset the incremental cost of projects that lead to the | ||
creation, through retrofitting or modification of existing | ||
vehicles, of additional zero emission vehicles as defined under | ||
this chapter. | ||
(b) Projects that may be considered for a grant under the | ||
program include: | ||
(1) the purchase and use of emission reducing add-on | ||
equipment for vehicles, including devices that reduce tailpipe | ||
emissions; | ||
(2) the cost retrofitting of vehicles operated by | ||
state, county, or municipal with equipment to convert them to zero | ||
emission vehicles; and | ||
(3) other technologies that the commission finds will | ||
facilitate the conversion of vehicles into zero emission vehicles | ||
under this subchapter. | ||
Sec. 386.003. APPLICATION FOR GRANT. (a) A government | ||
entity in this state that operates one or more vehicles may apply | ||
for and receive a grant under the program. | ||
(b) The commission may adopt guidelines to allow a regional | ||
planning commission, council of governments, or similar regional | ||
planning agency created under Chapter 391, Local Government Code, | ||
or a private nonprofit organization to also apply for and receive a | ||
grant to improve the ability of the program to achieve its goals. | ||
(c) An application for a grant under this chapter must be | ||
made on a form provided by the commission and must contain the | ||
information required by the commission. | ||
Sec. 386.004. ELIGIBILITY OF PROJECTS FOR GRANTS. (a) The | ||
commission by rule shall establish criteria for setting priorities | ||
for projects eligible to receive grants under this chapter. The | ||
commission shall review and may modify the criteria and priorities | ||
as appropriate. | ||
(b) A vehicle proposed for retrofit must be used by a | ||
government entity, or other eligible entity as defined under | ||
386.003(b) of this subchapter, have at least five years of useful | ||
life remaining unless the applicant agrees to remove the retrofit | ||
device at the end of the life of the vehicle and reinstall the | ||
device on another vehicle, where applicable. | ||
(c) A vehicle proposed for retrofitting must: | ||
(1) be of model year 2006 or earlier; | ||
(2) have been owned or leased 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 no less than once a month by the | ||
applicant. | ||
Sec. 386.005. 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 eliminating equipment. The | ||
recipient may not use the grant to pay the recipient's | ||
administrative expenses. | ||
(b) A vehicle acquired to replace an existing vehicle must | ||
be purchased and the grant recipient must agree to own and operate | ||
the vehicle no less than once a month for at least five years after a | ||
start date established by the commission, based on the date the | ||
commission accepts documentation of the permanent destruction or | ||
permanent removal of the vehicle being replaced. | ||
(c) A 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, or be | ||
permanently removed from operation in this state. The commission | ||
shall establish criteria for ensuring the permanent destruction or | ||
permanent removal of the engine or vehicle. The commission shall | ||
enforce the destruction and removal requirements. | ||
(d) In this section, "permanent removal" means the | ||
permanent export of a vehicle or the engine of a vehicle to a | ||
destination outside of the United States, Canada, or the United | ||
Mexican States. | ||
SECTION 2. This Act takes effect on Sept. 1, 2019. |