Bill Text: TX HR2614 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Suspending limitations on conference committee jurisdiction, S.B. No. 1731.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-05-31 - Reported enrolled [HR2614 Detail]
Download: Texas-2017-HR2614-Enrolled.html
H.R. No. 2614 |
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BE IT RESOLVED by the House of Representatives of the State of | ||
Texas, 85th Legislature, Regular Session, 2017, That House Rule 13, | ||
Section 9(a), be suspended in part as provided by House Rule 13, | ||
Section 9(f), to enable the conference committee appointed to | ||
resolve the differences on Senate Bill 1731 (the repeal of laws | ||
governing certain state entities, including the functions of those | ||
entities) to consider and take action on the following matters: | ||
(1) House Rule 13, Section 9(a)(4), is suspended to permit | ||
the committee to add text on a matter not included in either the | ||
house or senate version of the bill by adding the following text in | ||
proposed SECTION 8 of the bill: | ||
SECTION 8. TEXAS EMISSIONS REDUCTION PLAN ADVISORY BOARD. | ||
. . . | ||
(b) To the extent of a conflict between Subsection (a-2) of | ||
this section and any change in law made by another provision of this | ||
section, the change in law made by the other provision of this | ||
section controls. | ||
(b-1) Effective on the date that the Texas Emissions | ||
Reduction Plan Advisory Board is abolished under Subsection (a) of | ||
this section, Subchapter B, Chapter 382, Health and Safety Code, is | ||
amended by adding Section 382.037 to read as follows: | ||
Sec. 382.037. NOTICE IN TEXAS REGISTER REGARDING NATIONAL | ||
AMBIENT AIR QUALITY STANDARDS FOR OZONE. (a) This section applies | ||
only if: | ||
(1) with respect to each active or revoked national | ||
ambient air quality standard for ozone referenced in 40 C.F.R. | ||
Section 81.344, the United States Environmental Protection Agency | ||
has, for each designated area referenced in that section: | ||
(A) designated the area as attainment or | ||
unclassifiable/attainment; or | ||
(B) approved a redesignation substitute making a | ||
finding of attainment for the area; and | ||
(2) for each designated area described by Subdivision | ||
(1), with respect to an action of the United States Environmental | ||
Protection Agency described by Subdivision (1)(A) or (B): | ||
(A) the action has been fully and finally upheld | ||
following judicial review or the limitations period to seek | ||
judicial review of the action has expired; and | ||
(B) the rules under which the action was approved | ||
by the agency have been fully and finally upheld following judicial | ||
review or the limitations period to seek judicial review of those | ||
rules has expired. | ||
(b) Not later than the 30th day after the date the | ||
conditions described by Subsection (a) have been met, the | ||
commission shall publish notice in the Texas Register that, with | ||
respect to each active or revoked national ambient air quality | ||
standard for ozone referenced in 40 C.F.R. Section 81.344, the | ||
United States Environmental Protection Agency has, for each | ||
designated area referenced in that section: | ||
(1) designated the area as attainment or | ||
unclassifiable/attainment; or | ||
(2) approved a redesignation substitute making a | ||
finding of attainment for the area. | ||
(b-2) Effective on the date that the Texas Emissions | ||
Reduction Plan Advisory Board is abolished under Subsection (a) of | ||
this section, Section 386.001(3), Health and Safety Code, is | ||
amended to read as follows: | ||
(3) "Commission" means the Texas [ |
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(c) Effective on the date that the Texas Emissions Reduction | ||
Plan Advisory Board is abolished under Subsection (a) of this | ||
section, 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 during which the commission | ||
publishes in the Texas Register the notice required by Section | ||
382.037 [ |
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(c-1) Effective on the date that the Texas Emissions | ||
Reduction Plan Advisory Board is abolished under Subsection (a) of | ||
this section, 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 motor vehicle purchase or lease incentive | ||
program established under Subchapter D; | ||
(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) the regional air monitoring program established | ||
under Section 386.252(a); | ||
(7) a health effects study as provided by Section | ||
386.252(a); | ||
(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 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; [ |
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(15) the seaport and rail yard areas emissions | ||
reduction [ |
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Subchapter D-1; | ||
(16) conducting research and other activities | ||
associated with making any necessary demonstrations to the United | ||
States Environmental Protection Agency to account for the impact of | ||
foreign emissions or an exceptional event; | ||
(17) studies of or pilot programs for incentives for | ||
port authorities located in nonattainment areas or affected | ||
counties as provided by Section 386.252(a); and | ||
(18) the governmental alternative fuel fleet grant | ||
program established under Chapter 395. | ||
(c-2) Effective on the date that the Texas Emissions | ||
Reduction Plan Advisory Board is abolished under Subsection (a) of | ||
this section, 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 393.001. | ||
(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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. . . | ||
(d-1) Effective on the date that the Texas Emissions | ||
Reduction Plan Advisory Board is abolished under Subsection (a) of | ||
this section, Section 386.103, Health and Safety Code, is amended | ||
by adding Subsection (c) to read as follows: | ||
(c) 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. | ||
(d-2) Effective on the date that the Texas Emissions | ||
Reduction Plan Advisory Board is abolished under Subsection (a) of | ||
this section, Sections 386.104(f) and (j), Health and Safety Code, | ||
are 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. | ||
. . . | ||
(e-1) Effective on the date that the Texas Emissions | ||
Reduction Plan Advisory Board is abolished under Subsection (a) of | ||
this section, 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 five [ |
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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. | ||
(e-2) Effective on the date that the Texas Emissions | ||
Reduction Plan Advisory Board is abolished under Subsection (a) of | ||
this section, Chapter 386, Health and Safety Code, is amended by | ||
adding Subchapter D to read as follows: | ||
SUBCHAPTER D. MOTOR VEHICLE PURCHASE OR LEASE INCENTIVE PROGRAM | ||
Sec. 386.151. DEFINITIONS. In this subchapter: | ||
(1) "Light-duty motor vehicle" means a motor vehicle | ||
with a gross vehicle weight rating of less than 10,000 pounds. | ||
(2) "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. | ||
Sec. 386.152. APPLICABILITY. The provisions of this | ||
subchapter relating to a lessee do not apply to a person who rents | ||
or leases a light-duty motor vehicle for a term of 30 days or less. | ||
Sec. 386.153. COMMISSION DUTIES REGARDING LIGHT-DUTY MOTOR | ||
VEHICLE PURCHASE OR LEASE INCENTIVE PROGRAM. (a) The commission | ||
shall develop a purchase or lease incentive program for new | ||
light-duty motor vehicles and shall adopt rules necessary to | ||
implement the program. | ||
(b) The program shall authorize statewide incentives for | ||
the purchase or lease of new light-duty motor vehicles powered by | ||
compressed natural gas, liquefied petroleum gas, or hydrogen fuel | ||
cell or other electric drives for a purchaser or lessee who agrees | ||
to register and operate the vehicle in this state for a minimum | ||
period of time to be established by the commission. | ||
(c) Only one incentive will be provided for each new | ||
light-duty motor vehicle. The incentive shall be provided to the | ||
lessee and not to the purchaser if the motor vehicle is purchased | ||
for the purpose of leasing the vehicle to another person. | ||
(d) The commission by rule may revise the standards for the | ||
maximum unloaded vehicle weight rating and gross vehicle weight | ||
rating of an eligible vehicle to ensure that all of the vehicle | ||
weight configurations available under one general vehicle model may | ||
be eligible for an incentive. | ||
Sec. 386.154. LIGHT-DUTY MOTOR VEHICLE PURCHASE OR LEASE | ||
INCENTIVE REQUIREMENTS. (a) A new light-duty motor vehicle | ||
powered by compressed natural gas or liquefied petroleum gas is | ||
eligible for a $5,000 incentive if the vehicle: | ||
(1) has four wheels; | ||
(2) was originally manufactured to comply with and has | ||
been certified by an original equipment manufacturer or | ||
intermediate or final state vehicle manufacturer as complying with, | ||
or has been altered to comply with, federal motor vehicle safety | ||
standards, state emissions regulations, and any additional federal | ||
or state regulations applicable to vehicles powered by compressed | ||
natural gas or liquefied petroleum gas; | ||
(3) was manufactured for use primarily on public | ||
streets, roads, and highways; | ||
(4) has a dedicated or bi-fuel compressed natural gas | ||
or liquefied petroleum gas fuel system: | ||
(A) installed prior to first sale or within 500 | ||
miles of operation of the vehicle following first sale; and | ||
(B) with a range of at least 125 miles as | ||
estimated, published, and updated by the United States | ||
Environmental Protection Agency; | ||
(5) has, as applicable, a: | ||
(A) compressed natural gas fuel system that | ||
complies with the: | ||
(i) 2013 NFPA 52 Vehicular Gaseous Fuel | ||
Systems Code; and | ||
(ii) American National Standard for Basic | ||
Requirements for Compressed Natural Gas Vehicle (NGV) Fuel | ||
Containers, commonly cited as "ANSI/CSA NGV2"; or | ||
(B) liquefied petroleum gas fuel system that | ||
complies with: | ||
(i) the 2011 NFPA 58 Liquefied Petroleum | ||
Gas Code; and | ||
(ii) Section VII of the 2013 ASME Boiler and | ||
Pressure Vessel Code; and | ||
(6) was acquired on or after September 1, 2013, or a | ||
later date established by the commission, by the person applying | ||
for the incentive under this subsection and for use or lease by that | ||
person and not for resale. | ||
(b) If the commission determines that an updated version of | ||
a code or standard described by Subsection (a)(5) is more stringent | ||
than the version of the code or standard described by Subsection | ||
(a)(5), the commission by rule may provide that a vehicle for which | ||
a person applies for an incentive under Subsection (a) is eligible | ||
for the incentive only if the vehicle complies with the updated | ||
version of the code or standard. | ||
(c) The incentive under Subsection (a) is limited to 1,000 | ||
vehicles for each state fiscal biennium. | ||
(d) A new light-duty motor vehicle powered by an electric | ||
drive is eligible for a $2,500 incentive if the vehicle: | ||
(1) has four wheels; | ||
(2) was manufactured for use primarily on public | ||
streets, roads, and highways; | ||
(3) has not been modified from the original | ||
manufacturer's specifications; | ||
(4) has a maximum speed capability of at least 55 miles | ||
per hour; | ||
(5) is propelled to a significant extent by an | ||
electric motor that draws electricity from a hydrogen fuel cell or | ||
from a battery that: | ||
(A) has a capacity of not less than four kilowatt | ||
hours; and | ||
(B) is capable of being recharged from an | ||
external source of electricity; and | ||
(6) was acquired on or after September 1, 2013, or a | ||
later date as established by the commission, by the person applying | ||
for the incentive under this subsection and for use or lease by that | ||
person and not for resale. | ||
(e) The incentive under Subsection (d) is limited to 2,000 | ||
vehicles for each state fiscal biennium. | ||
Sec. 386.155. MANUFACTURER'S REPORT. (a) At the beginning | ||
of but not later than July 1 of each year preceding the vehicle | ||
model year, a manufacturer of motor vehicles, an intermediate or | ||
final state vehicle manufacturer, or a manufacturer of compressed | ||
natural gas or liquefied petroleum gas systems shall provide to the | ||
commission a list of the new vehicle or natural gas or liquefied | ||
petroleum gas systems models that the manufacturer intends to sell | ||
in this state during that model year that meet the incentive | ||
requirements established under Section 386.154. The manufacturer | ||
or installer may supplement the list provided to the commission | ||
under this section as necessary to include additional new vehicle | ||
models the manufacturer intends to sell in this state during the | ||
model year. | ||
(b) The commission may supplement the information provided | ||
under Subsection (a) with additional information on available | ||
vehicle models, including information provided by manufacturers or | ||
installers of systems to convert new motor vehicles to operate on | ||
natural gas or liquefied petroleum gas before sale as a new vehicle | ||
or within 500 miles of operation of the vehicle following first | ||
sale. | ||
Sec. 386.156. LIST OF ELIGIBLE MOTOR VEHICLES. (a) On | ||
August 1 of each year the commission shall publish a list of new | ||
motor vehicle models eligible for inclusion in an incentive under | ||
this subchapter. The commission shall publish supplements to that | ||
list as necessary to include additional new vehicle models. | ||
(b) The commission shall publish the list of eligible motor | ||
vehicle models on the commission's Internet website. | ||
Sec. 386.157. LIGHT-DUTY MOTOR VEHICLE PURCHASE OR LEASE | ||
INCENTIVE. (a) A person who purchases or leases a new light-duty | ||
motor vehicle described by Section 386.154 and listed under Section | ||
386.156(a) is eligible to apply for an incentive under this | ||
subchapter. | ||
(b) A lease incentive for a new light-duty motor vehicle | ||
shall be prorated based on a three-year lease term. | ||
(c) To receive money under an incentive program provided by | ||
this subchapter, the purchaser or lessee of a new light-duty motor | ||
vehicle who is eligible to apply for an incentive under this | ||
subchapter shall apply for the incentive in the manner provided by | ||
law or by rule of the commission. | ||
Sec. 386.158. COMMISSION TO ACCOUNT FOR MOTOR VEHICLE | ||
PURCHASE OR LEASE INCENTIVES. (a) The commission by rule shall | ||
develop a method to administer and account for the motor vehicle | ||
purchase or lease incentives authorized by this subchapter and to | ||
pay incentive money to the purchaser or lessee of a new motor | ||
vehicle, on application of the purchaser or lessee as provided by | ||
this subchapter. | ||
(b) The commission shall develop and publish forms and | ||
instructions for the purchaser or lessee of a new motor vehicle to | ||
use in applying to the commission for an incentive payment under | ||
this subchapter. The commission shall make the forms available to | ||
new motor vehicle dealers and leasing agents. Dealers and leasing | ||
agents shall make the forms available to their prospective | ||
purchasers or lessees. | ||
(c) The commission may require the submission of forms and | ||
documentation as needed to verify eligibility for an incentive | ||
under this subchapter. | ||
Sec. 386.159. PURCHASE OR LEASE INCENTIVES INFORMATION. | ||
(a) The commission shall establish a toll-free telephone number | ||
available to motor vehicle dealers and leasing agents for the | ||
dealers and agents to call to verify that incentives are available. | ||
The commission may provide for issuing verification numbers over | ||
the telephone line. | ||
(b) Reliance by a dealer or leasing agent on information | ||
provided by the commission is a complete defense to an action | ||
involving or based on eligibility of a vehicle for an incentive or | ||
availability of vehicles eligible for an incentive. | ||
Sec. 386.160. RESERVATION OF INCENTIVES. The commission | ||
may provide for dealers and leasing agents to reserve for a limited | ||
time period incentives for vehicles that are not readily available | ||
and must be ordered, if the dealer or leasing agent has a purchase | ||
or lease order signed by an identified customer. | ||
(f) Effective on the date that the Texas Emissions Reduction | ||
Plan Advisory Board is abolished under Subsection (a) of this | ||
section, 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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(f-1) Effective on the date that the Texas Emissions | ||
Reduction Plan Advisory Board is abolished under Subsection (a) of | ||
this section, the heading to Section 386.181, Health and Safety | ||
Code, is amended to read as follows: | ||
Sec. 386.181. DEFINITIONS [ |
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(f-2) Effective on the date that the Texas Emissions | ||
Reduction Plan Advisory Board is abolished under Subsection (a) of | ||
this section, 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. | ||
(3) "Repower" means to replace an old engine powering | ||
a vehicle with a new engine, a used engine, a remanufactured engine, | ||
or electric motors, drives, or fuel cells. | ||
(g) Effective on the date that the Texas Emissions Reduction | ||
Plan Advisory Board is abolished under Subsection (a) of this | ||
section, 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: | ||
(A) replace older drayage trucks and cargo | ||
handling equipment [ |
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drayage trucks and cargo handling equipment; or | ||
(B) repower drayage trucks and cargo handling | ||
equipment; and | ||
(2) [ |
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the program described by Subdivision (1). | ||
(b) The commission by rule and guideline shall establish | ||
criteria for the engines and 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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(g-1) Effective on the date that the Texas Emissions | ||
Reduction Plan Advisory Board is abolished under Subsection (a) of | ||
this section, 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. | ||
(g-2) Effective on the date that the Texas Emissions | ||
Reduction Plan Advisory Board is abolished under Subsection (a) of | ||
this section, Section 386.183, Health and Safety Code, is amended | ||
by amending Subsections (a), (b), (c), (d), and (e) and adding | ||
Subsection (a-1) to read as follows: | ||
(a) To be eligible for an incentive under this subchapter, a | ||
person must: | ||
(1) purchase a replacement drayage truck, piece of | ||
cargo handling equipment, or engine that under Subsection | ||
(a-1)(1)(A) or (2)(A), as applicable, 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 or repowered vehicle is an on-road drayage truck; | ||
(B) operate the replacement or repowered 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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operation, as determined by the commission; and | ||
(C) permanently remove the [ |
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truck, cargo handling equipment, or engine replaced under the | ||
program [ |
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operation in a nonattainment area of this state by destroying the | ||
engine in accordance with guidelines established by the commission | ||
and, if the incentive is for a replacement drayage truck or cargo | ||
handling equipment, scrapping the truck or equipment after the | ||
purchase of the replacement [ |
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with guidelines established by the commission. | ||
(a-1) To be eligible for purchase under this program: | ||
(1) a drayage truck or cargo handling equipment must: | ||
(A) be powered by an electric motor or contain an | ||
engine certified to the current federal emissions standards | ||
applicable to that type of engine, as determined by the commission; | ||
and | ||
(B) emit oxides of nitrogen at a rate that is at | ||
least 25 percent less than the rate at which the truck or equipment | ||
being replaced under the program emits such pollutants; and | ||
(2) an engine repowering a drayage truck or cargo | ||
handling equipment must: | ||
(A) be an electric motor or an engine certified | ||
to the current federal emissions standards applicable to that type | ||
of engine, as determined by the commission; and | ||
(B) emit oxides of nitrogen at a rate that is at | ||
least 25 percent less than the rate at which the former engine in | ||
the truck or equipment being repowered under the program emits such | ||
pollutants. | ||
(b) To receive money under an incentive program provided by | ||
this subchapter, the purchaser of a drayage truck, piece of cargo | ||
handling equipment, or engine 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 or | ||
repowered. | ||
(d) An incentive provided under this subchapter may be used | ||
to fund not more than 80 percent of, as applicable, the purchase | ||
price of: | ||
(1) the drayage truck or cargo handling equipment; or | ||
(2) the engine and any other eligible costs associated | ||
with repowering the drayage truck or cargo handling equipment, as | ||
determined by the commission. | ||
(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 | ||
or repowered for at least two years prior to receiving the grant; | ||
and | ||
(2) as applicable: | ||
(A) after purchase of the replacement drayage | ||
truck or cargo handling equipment, permanently destroys the engine | ||
and scraps the [ |
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program [ |
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commission; or | ||
(B) after repowering the drayage truck or cargo | ||
handling equipment, permanently destroys the engine that was | ||
contained in the truck or equipment in accordance with guidelines | ||
established by the commission [ |
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(h) Effective on the date that the Texas Emissions Reduction | ||
Plan Advisory Board is abolished under Subsection (a) of this | ||
section, 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 (h), money [ |
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to be used for the programs under Section 386.051(b) shall | ||
initially be allocated as follows: | ||
(1) [ |
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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 $3 million may be used by the | ||
commission to fund a regional air monitoring program in commission | ||
Regions 3 and 4 to be implemented under the commission's oversight, | ||
including direction regarding the type, number, location, and | ||
operation of, and data validation practices for, monitors funded by | ||
the program through a regional nonprofit entity located in North | ||
Texas having representation from counties, municipalities, higher | ||
education institutions, and private sector interests across the | ||
area; | ||
(5) 10 [ |
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for the Texas natural gas vehicle grant program under Chapter 394; | ||
(6) not more than $6 million [ |
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[ |
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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, except that money may not be allocated for the | ||
Texas alternative fueling facilities program for the state fiscal | ||
year ending August 31, 2019; | ||
(7) [ |
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may be used each year to support research related to air quality as | ||
provided by Chapter 387; | ||
(8) [ |
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health effects study[ |
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[ |
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(9) [ |
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$8 [ |
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costs, including all direct and indirect costs for administering | ||
the plan, costs for conducting outreach and education activities, | ||
and costs attributable to the review or approval of applications | ||
for marketable emissions reduction credits; | ||
(10) six [ |
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seaport and rail yard areas emissions reduction [ |
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(11) [ |
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the light-duty motor vehicle purchase or lease incentive program | ||
established under Subchapter D; | ||
(12) [ |
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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 obtained through wind and other renewable | ||
energy resources for the state implementation plan; | ||
(13) not more than $500,000 may be used for studies of | ||
or pilot programs for incentives for port authorities located in | ||
nonattainment areas or affected counties to encourage cargo | ||
movement that reduces emissions of nitrogen oxides and particulate | ||
matter [ |
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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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[ |
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[ |
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programs under Sections 386.051(b)(13), (b)(14), and (b-1) as may | ||
be appropriated for those programs. | ||
(c) [ |
||
percentages from the total appropriation to the commission to be | ||
allocated under Subsection (a) or (b) [ |
||
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 is to be | ||
deposited annually in the state treasury to the credit of the clean | ||
air account created under Section 382.0622. | ||
(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. | ||
(f) To the extent that money is appropriated from the fund | ||
for that purpose, not more than $2.5 million may be used by the | ||
commission to conduct research and other activities associated with | ||
making any necessary demonstrations to the United States | ||
Environmental Protection Agency to account for the impact of | ||
foreign emissions or an exceptional event. | ||
(g) To the extent that money is appropriated from the fund | ||
for that purpose, the commission may use that money to award grants | ||
under the governmental alternative fuel fleet grant program | ||
established under Chapter 395, except that the commission may not | ||
use for that purpose more than three percent of the balance of the | ||
fund as of September 1 of each state fiscal year of the biennium for | ||
the governmental alternative fuel fleet grant program in that | ||
fiscal year. | ||
(h) 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. | ||
(h-1) Effective on the date that the Texas Emissions | ||
Reduction Plan Advisory Board is abolished under Subsection (a) of | ||
this section, Section 390.001, Health and Safety Code, is amended | ||
by amending Subdivision (1) and adding Subdivision (1-a) to read as | ||
follows: | ||
(1) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(1-a) "Diesel exhaust" means one or more of the air | ||
pollutants emitted from an engine by the combustion of diesel fuel, | ||
including particulate matter, nitrogen oxides, volatile organic | ||
compounds, air toxics, and carbon monoxide. | ||
(h-2) Effective on the date that the Texas Emissions | ||
Reduction Plan Advisory Board is abolished under Subsection (a) of | ||
this section, Section 390.002(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) 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; [ |
||
(5) other technologies that the commission finds will | ||
bring about significant emissions reductions; and | ||
(6) replacement of a pre-2007 model year school bus. | ||
(i) Effective on the date that the Texas Emissions Reduction | ||
Plan Advisory Board is abolished under Subsection (a) of this | ||
section, Section 390.004, Health and Safety Code, is amended by | ||
adding Subsections (c) and (d) 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 pre-2007 | ||
model year school bus must be of the current model year or the year | ||
before the current model year at the time of submission of the grant | ||
application. | ||
(i-1) Effective on the date that the Texas Emissions | ||
Reduction Plan Advisory Board is abolished under Subsection (a) of | ||
this section, 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. | ||
(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 permanent destruction or permanent removal of the school bus | ||
being replaced. | ||
(c) A school bus replaced under this program must be | ||
rendered permanently inoperable by crushing the bus, by making a | ||
hole in the engine block and permanently destroying the frame of the | ||
bus, 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 bus. The commission shall | ||
enforce the destruction and removal requirements. | ||
(d) In this section, "permanent removal" means the | ||
permanent export of a school bus or the engine of a school bus to a | ||
destination outside of the United States, Canada, or the United | ||
Mexican States. | ||
(i-2) Effective on the date that the Texas Emissions | ||
Reduction Plan Advisory Board is abolished under Subsection (a) of | ||
this section, Section 390.006, Health and Safety Code, is amended | ||
to read as follows: | ||
Sec. 390.006. EXPIRATION. This chapter expires on the last | ||
day of the state fiscal biennium during which the commission | ||
publishes in the Texas Register the notice required by Section | ||
382.037 [ |
||
(j) Effective on the date that the Texas Emissions Reduction | ||
Plan Advisory Board is abolished under Subsection (a) of this | ||
section, 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 [ |
||
(3) 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; | ||
(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; or | ||
(C) the installation of systems that reduce | ||
flaring emissions and other site emissions by capturing waste heat | ||
to generate electricity solely for on-site service; and | ||
(4) [ |
||
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. | ||
(j-1) Effective on the date that the Texas Emissions | ||
Reduction Plan Advisory Board is abolished under Subsection (a) of | ||
this section, Section 391.102(f), Health and Safety Code, is | ||
amended to read as follows: | ||
(f) In reviewing a grant application under this chapter | ||
[ |
||
commission may [ |
||
(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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[ |
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(j-2) Effective on the date that the Texas Emissions | ||
Reduction Plan Advisory Board is abolished under Subsection (a) of | ||
this section, 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. | ||
(k) Effective on the date that the Texas Emissions Reduction | ||
Plan Advisory Board is abolished under Subsection (a) of this | ||
section, 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; [ |
||
(3) include the use of solar, wind, or other renewable | ||
energy sources; or | ||
(4) recover waste heat from the combustion of natural | ||
resources and use the heat to generate electricity. | ||
(k-1) Effective on the date that the Texas Emissions | ||
Reduction Plan Advisory Board is abolished under Subsection (a) of | ||
this section, Section 391.304, Health and Safety Code, is amended | ||
to read as follows: | ||
Sec. 391.304. EXPIRATION. This chapter expires on the last | ||
day of the state fiscal biennium during which the commission | ||
publishes in the Texas Register the notice required by Section | ||
382.037 [ |
||
(k-2) Effective on the date that the Texas Emissions | ||
Reduction Plan Advisory Board is abolished under Subsection (a) of | ||
this section, 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 [ |
||
mixture of fuels containing at least 85 percent methanol by volume. | ||
(l) Effective on the date that the Texas Emissions Reduction | ||
Plan Advisory Board is abolished under Subsection (a) of this | ||
section, Sections 392.002(b) and (c), Health and Safety Code, are | ||
amended to read as follows: | ||
(b) An entity that places 10 [ |
||
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 10 [ |
||
eligible to participate in the program even if the commission | ||
denies approval for one or more of the vehicles during the | ||
application process. | ||
(l-1) Effective on the date that the Texas Emissions | ||
Reduction Plan Advisory Board is abolished under Subsection (a) of | ||
this section, 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 [ |
||
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. | ||
(l-2) Effective on the date that the Texas Emissions | ||
Reduction Plan Advisory Board is abolished under Subsection (a) of | ||
this section, 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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(m) Effective on the date that the Texas Emissions Reduction | ||
Plan Advisory Board is abolished under Subsection (a) of this | ||
section, 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 [ |
||
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. | ||
(m-1) Effective on the date that the Texas Emissions | ||
Reduction Plan Advisory Board is abolished under Subsection (a) of | ||
this section, 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 during which the commission | ||
publishes in the Texas Register the notice required by Section | ||
382.037 [ |
||
(m-2) Effective on the date that the Texas Emissions | ||
Reduction Plan Advisory Board is abolished under Subsection (a) of | ||
this section, Section 393.001, Health and Safety Code, is amended | ||
by amending Subdivision (1) and adding Subdivision (1-a) to read as | ||
follows: | ||
(1) "Alternative fuel" means a fuel other than | ||
gasoline or diesel fuel, other than biodiesel fuel, including | ||
electricity, compressed natural gas, liquefied [ |
||
gas, hydrogen, propane, or a mixture of fuels containing at least 85 | ||
percent methanol by volume. | ||
(1-a) "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; | ||
(ii) the most direct route using highways | ||
in the state highway system connecting Corpus Christi and Laredo; | ||
or | ||
(iii) a highway corridor connecting Corpus | ||
Christi and Houston; | ||
(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. | ||
(n) Effective on the date that the Texas Emissions Reduction | ||
Plan Advisory Board is abolished under Subsection (a) of this | ||
section, 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 zone [ |
||
commission shall provide a grant for each eligible facility to | ||
offset the cost of those facilities. | ||
(b) An entity that constructs or[ |
||
|
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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 zone 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. | ||
(n-1) Effective on the date that the Texas Emissions | ||
Reduction Plan Advisory Board is abolished under Subsection (a) of | ||
this section, 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[ |
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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 disburse grants under the program | ||
through a competitive application selection process to offset a | ||
portion of the eligible costs. | ||
(n-2) Effective on the date that the Texas Emissions | ||
Reduction Plan Advisory Board is abolished under Subsection (a) of | ||
this section, 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 [ |
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|
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(b) The prioritization criteria established under | ||
Subsection (a) must provide that, for each grant round, the | ||
commission may not award a grant to an entity that does not [ |
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|
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|
||
accessible and available to the public [ |
||
|
||
eligible entity that does agree to those terms has been awarded a | ||
grant [ |
||
(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 area in and between the | ||
Houston, San Antonio, and Dallas-Fort Worth areas; and | ||
(4) facilities located in the area in and between the | ||
Corpus Christi, Laredo, and San Antonio areas [ |
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(o) Effective on the date that the Texas Emissions Reduction | ||
Plan Advisory Board is abolished under Subsection (a) of this | ||
section, 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. | ||
(o-1) Effective on the date that the Texas Emissions | ||
Reduction Plan Advisory Board is abolished under Subsection (a) of | ||
this section, 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 [ |
||
|
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|
||
(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. | ||
(o-2) Effective on the date that the Texas Emissions | ||
Reduction Plan Advisory Board is abolished under Subsection (a) of | ||
this section, Section 393.007, Health and Safety Code, is amended | ||
to read as follows: | ||
Sec. 393.007. EXPIRATION. This chapter expires on the last | ||
day of the state fiscal biennium during which the commission | ||
publishes in the Texas Register the notice required by Section | ||
382.037 [ |
||
(p) Effective on the date that the Texas Emissions Reduction | ||
Plan Advisory Board is abolished under Subsection (a) of this | ||
section, Section 394.001, Health and Safety Code, is amended by | ||
amending Subdivisions (1), (4), (5), and (8) and adding | ||
Subdivisions (1-a) and (7-a) to read as follows: | ||
(1) "Certified" includes: | ||
(A) new vehicle or new 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 | ||
[ |
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|
||
(1-a) "Clean transportation zone" 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 [ |
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(7-a) "Natural gas engine" means an engine that | ||
operates: | ||
(A) solely on natural gas, including compressed | ||
natural gas, liquefied natural gas, or liquefied petroleum gas; or | ||
(B) on a combination of diesel fuel and natural | ||
gas, including compressed natural gas, liquefied natural gas, or | ||
liquefied petroleum gas, and is capable of achieving at least 60 | ||
percent displacement of diesel fuel with natural gas. | ||
(8) "Natural gas vehicle" means a motor vehicle that | ||
is powered by a natural gas engine [ |
||
|
||
(p-1) Effective on the date that the Texas Emissions | ||
Reduction Plan Advisory Board is abolished under Subsection (a) of | ||
this section, 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 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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[ |
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[ |
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|
||
(2) repowered the on-road motor vehicle to a natural | ||
gas vehicle powered by a natural gas engine that[ |
||
[ |
||
federal emissions standards as determined by the commission[ |
||
[ |
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[ |
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(p-2) Effective on the date that the Texas Emissions | ||
Reduction Plan Advisory Board is abolished under Subsection (a) of | ||
this section, 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) replace a heavy-duty or medium-duty motor | ||
vehicle that: | ||
(i) is owned by the applicant; | ||
(ii) is an on-road vehicle that has been: | ||
(a) owned, leased, or otherwise | ||
commercially financed and operated in Texas as a fleet vehicle for | ||
at least the two years immediately preceding the submission of a | ||
grant application; and | ||
(b) registered in a county located in | ||
the clean transportation zone for at least the two years | ||
immediately preceding the submission of a grant application; and | ||
(iii) otherwise satisfies the mileage, | ||
usage, and useful life requirements established under Paragraph (A) | ||
as determined by documentation associated with the vehicle; or | ||
(C) 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 shall | ||
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, or be [ |
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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. For purposes of | ||
this subsection, "permanent removal" means the permanent export of | ||
the vehicle or engine to a destination outside of the United States, | ||
Canada, or the United Mexican States. | ||
(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) or (B)(ii) on a finding of | ||
good cause, which may include short lapses in registration or | ||
operation due to economic conditions, seasonal work, or other | ||
circumstances. | ||
(q) Effective on the date that the Texas Emissions Reduction | ||
Plan Advisory Board is abolished under Subsection (a) of this | ||
section, 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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grant to pay the recipient's administrative expenses. | ||
(q-1) Effective on the date that the Texas Emissions | ||
Reduction Plan Advisory Board is abolished under Subsection (a) of | ||
this section, 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. | ||
(q-2) Effective on the date that the Texas Emissions | ||
Reduction Plan Advisory Board is abolished under Subsection (a) of | ||
this section, 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; and | ||
(3) preapproving the award of grants to applicants who | ||
propose to purchase and replace motor vehicles described by Section | ||
394.005(b)(2)(B). | ||
(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 natural gas engines that are certified to | ||
the appropriate current federal emissions standards as determined | ||
by the commission[ |
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(2) [ |
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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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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 using procedures established by the | ||
commission, which may include 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. | ||
(r) Effective on the date that the Texas Emissions Reduction | ||
Plan Advisory Board is abolished under Subsection (a) of this | ||
section, 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 during which the commission | ||
publishes in the Texas Register the notice required by Section | ||
382.037 [ |
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(r-1) Effective on the date that the Texas Emissions | ||
Reduction Plan Advisory Board is abolished under Subsection (a) of | ||
this section, Subtitle C, Title 5, Health and Safety Code, is | ||
amended by adding Chapter 395 to read as follows: | ||
CHAPTER 395. GOVERNMENTAL ALTERNATIVE FUEL FLEET GRANT PROGRAM | ||
Sec. 395.001. DEFINITIONS. In this chapter: | ||
(1) "Alternative fuel" means compressed natural gas, | ||
liquefied natural gas, liquefied petroleum gas, hydrogen fuel | ||
cells, or electricity, including electricity to power fully | ||
electric motor vehicles and plug-in hybrid motor vehicles. | ||
(2) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(3) "Incremental cost" has the meaning assigned by | ||
Section 386.001. | ||
(4) "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. | ||
(5) "Plug-in hybrid motor vehicle" has the meaning | ||
assigned by Section 2158.001, Government Code. | ||
(6) "Political subdivision" means a county, | ||
municipality, school district, junior college district, river | ||
authority, water district or other special district, or other | ||
political subdivision created under the constitution or a statute | ||
of this state. | ||
(7) "Program" means the governmental alternative fuel | ||
fleet grant program established under this chapter. | ||
(8) "State agency" has the meaning assigned by Section | ||
2151.002, Government Code, and includes the commission. | ||
Sec. 395.002. PROGRAM. (a) The commission shall establish | ||
and administer a governmental alternative fuel fleet grant program | ||
to assist an eligible applicant described by Section 395.003 in | ||
purchasing or leasing new motor vehicles that operate primarily on | ||
an alternative fuel. | ||
(b) The program may provide a grant to an applicant | ||
described by Section 395.003 to: | ||
(1) purchase or lease a new motor vehicle described by | ||
Section 395.004; or | ||
(2) purchase, lease, or install refueling | ||
infrastructure or equipment or procure refueling services as | ||
described by Section 395.005 to store and dispense alternative fuel | ||
needed for a motor vehicle described by Subdivision (1) of this | ||
subsection. | ||
Sec. 395.003. ELIGIBLE APPLICANTS. (a) A state agency or | ||
political subdivision is eligible to apply for a grant under the | ||
program if the entity operates a fleet of more than 15 motor | ||
vehicles, excluding motor vehicles that are owned and operated by a | ||
private company or other third party under a contract with the | ||
entity. | ||
(b) A mass transit or school transportation provider or | ||
other public entity established to provide public or school | ||
transportation services is eligible for a grant under the program. | ||
Sec. 395.004. MOTOR VEHICLE REQUIREMENTS. (a) A grant | ||
recipient may purchase or lease with money from a grant under the | ||
program a new motor vehicle that is originally manufactured to | ||
operate using one or more alternative fuels or is converted to | ||
operate using one or more alternative fuels before the first retail | ||
sale of the vehicle, and that: | ||
(1) has a dedicated system, dual-fuel system, or | ||
bi-fuel system; and | ||
(2) if the motor vehicle is a fully electric motor | ||
vehicle or plug-in hybrid motor vehicle, has a United States | ||
Environmental Protection Agency rating of at least 75 miles per | ||
gallon equivalent or a 75-mile combined city and highway range. | ||
(b) A grant recipient may not use money from a grant under | ||
the program to replace a motor vehicle, transit bus, or school bus | ||
that operates on an alternative fuel unless the replacement vehicle | ||
produces fewer emissions and has greater fuel efficiency than the | ||
vehicle being replaced. | ||
Sec. 395.005. REFUELING INFRASTRUCTURE, EQUIPMENT, AND | ||
SERVICES. A grant recipient may purchase, lease, or install | ||
refueling infrastructure or equipment or procure refueling | ||
services with money from a grant under the program if: | ||
(1) the purchase, lease, installation, or procurement | ||
is made in conjunction with the purchase or lease of a motor vehicle | ||
as described by Section 395.004 or the conversion of a motor vehicle | ||
to operate primarily on an alternative fuel; | ||
(2) the grant recipient demonstrates that a refueling | ||
station that meets the needs of the recipient is not available | ||
within five miles of the location at which the recipient's vehicles | ||
are stored or primarily used; and | ||
(3) for the purchase or installation of refueling | ||
infrastructure or equipment, the infrastructure or equipment will | ||
be owned and operated by the grant recipient, and for the lease of | ||
refueling infrastructure or equipment or the procurement of | ||
refueling services, a third-party service provider engaged by the | ||
grant recipient will provide the infrastructure, equipment, or | ||
services. | ||
Sec. 395.006. ELIGIBLE COSTS. (a) A motor vehicle lease | ||
agreement paid for with money from a grant under the program must | ||
have a term of at least three years. | ||
(b) Refueling infrastructure or equipment purchased or | ||
installed with money from a grant under the program must be used | ||
specifically to store or dispense alternative fuel, as determined | ||
by the commission. | ||
(c) A lease of or service agreement for refueling | ||
infrastructure, equipment, or services paid for with money from a | ||
grant under the program must have a term of at least three years. | ||
Sec. 395.007. GRANT AMOUNTS. (a) The commission may | ||
establish standardized grant amounts based on the incremental costs | ||
associated with the purchase or lease of different categories of | ||
motor vehicles, including the type of fuel used, vehicle class, and | ||
other categories the commission considers appropriate. | ||
(b) In determining the incremental costs and setting the | ||
standardized grant amounts, the commission may consider the | ||
difference in cost between a new motor vehicle operated using | ||
conventional gasoline or diesel fuel and a new motor vehicle | ||
operated using alternative fuel. | ||
(c) The amount of a grant for the purchase or lease of a | ||
motor vehicle may not exceed the amount of the incremental cost of | ||
the purchase or lease. | ||
(d) The commission may establish grant amounts to reimburse | ||
the full cost of the purchase, lease, installation, or procurement | ||
of refueling infrastructure, equipment, or services or may | ||
establish criteria for reimbursing a percentage of the cost. | ||
(e) A grant under the program may be combined with funding | ||
from other sources, including other grant programs, except that a | ||
grant may not be combined with other funding or grants from the | ||
Texas emissions reduction plan. When combined with other funding | ||
sources, a grant may not exceed the total cost to the grant | ||
recipient. | ||
(f) In providing a grant for the lease of a motor vehicle | ||
under this chapter, the commission shall establish criteria: | ||
(1) to offset incremental costs through an up-front | ||
payment to lower the cost basis of the lease; or | ||
(2) if determined appropriate by the commission, to | ||
provide for reimbursement of lease payments over no more than the | ||
period of availability of the contracted funds under applicable | ||
state law and regulation, which may be less than the required | ||
three-year lease term. | ||
(g) In providing a grant for the lease of refueling | ||
infrastructure, equipment, or services, the commission shall | ||
establish criteria: | ||
(1) to offset incremental costs through an up-front | ||
payment to lower the cost basis of the lease; or | ||
(2) if determined appropriate by the commission, to | ||
provide for reimbursement of lease payments over no more than the | ||
period of availability of the contracted funds under applicable | ||
state law and regulation, which may be less than the required | ||
three-year lease term. | ||
(h) Notwithstanding Subsection (d), the commission is not | ||
obligated to fund the full cost of the purchase, lease, | ||
installation, or procurement of refueling infrastructure, | ||
equipment, or services if those costs cannot be incurred and | ||
reimbursed over the period of availability of the funds under | ||
applicable state law and regulation. | ||
Sec. 395.008. AVAILABILITY OF EMISSIONS REDUCTION CREDITS. | ||
(a) A project that is funded from a grant under the program and | ||
that would generate marketable emissions reduction credits under a | ||
state or federal emissions reduction credit averaging, banking, or | ||
trading program is not eligible for funding under the program | ||
unless: | ||
(1) the project includes the transfer of the credits, | ||
or the reductions that would otherwise be marketable credits, to | ||
the commission and, if applicable, the state implementation plan; | ||
and | ||
(2) the credits or reductions, as applicable, are | ||
permanently retired. | ||
(b) An emissions reduction generated by a purchase or lease | ||
under this chapter may be used to demonstrate conformity with the | ||
state implementation plan. | ||
Sec. 395.009. USE OF GRANT MONEY. A grant recipient when | ||
using money from a grant under the program shall prioritize: | ||
(1) the purchase or lease of new motor vehicles, | ||
including new motor vehicles that are converted to operate on an | ||
alternative fuel, when replacing vehicles or adding vehicles to the | ||
fleet; | ||
(2) the purchase of new motor vehicles, including new | ||
motor vehicles that are converted to operate on an alternative | ||
fuel, to replace vehicles that have the highest total mileage and do | ||
not use an alternative fuel; and | ||
(3) to the extent feasible, obtaining, whether by | ||
purchase, purchase and conversion, or lease, motor vehicles that | ||
use compressed natural gas, liquefied natural gas, or liquefied | ||
petroleum gas. | ||
Sec. 395.010. GRANT PROCEDURES AND CRITERIA. (a) The | ||
commission shall establish specific criteria and procedures in | ||
order to implement and administer the program, including the | ||
creation and provision of application forms and guidance on the | ||
application process. | ||
(b) The commission shall award a grant through a contract | ||
between the commission and the grant recipient. | ||
(c) The commission shall provide an online application | ||
process for the submission of all required application documents. | ||
(d) The commission may limit funding for a particular period | ||
according to priorities established by the commission, including | ||
limiting the availability of grants to specific entities, for | ||
certain types of vehicles and infrastructure, or to certain | ||
geographic areas to ensure equitable distribution of grant funds | ||
across the state. | ||
(e) In awarding grants under the program, the commission | ||
shall prioritize projects in the following order: | ||
(1) projects that are proposed by a state agency; | ||
(2) projects that are in or near a nonattainment area; | ||
(3) projects that are in an affected county, as that | ||
term is defined by Section 386.001; and | ||
(4) projects that will produce the greatest emissions | ||
reductions. | ||
(f) In addition to the requirements under Subsection (e), in | ||
awarding grants under the program, the commission shall consider: | ||
(1) the total amount of the emissions reduction that | ||
would be achieved from the project; | ||
(2) the type and number of vehicles purchased or | ||
leased; | ||
(3) the location of the fleet and the refueling | ||
infrastructure or equipment; | ||
(4) the number of vehicles served and the rate at which | ||
vehicles are served by the refueling infrastructure or equipment; | ||
(5) the amount of any matching funds committed by the | ||
applicant; and | ||
(6) the schedule for project completion. | ||
(g) The commission may not award more than 10 percent of the | ||
total amount awarded under the program in any fiscal year for | ||
purchasing, leasing, installing, or procuring refueling | ||
infrastructure, equipment, or services. | ||
Sec. 395.011. FUNDING. The legislature may appropriate | ||
money to the commission from the Texas emissions reduction plan | ||
fund established under Section 386.251 to administer the program. | ||
Sec. 395.012. ADMINISTRATIVE COSTS. In each fiscal year, | ||
the commission may use up to 1.5 percent of the total amount of | ||
money allocated to the program in that fiscal year, but not more | ||
than $1 million, for the administrative costs of the program. | ||
Sec. 395.013. RULES. The commission may adopt rules as | ||
necessary to implement this chapter. | ||
Sec. 395.014. REPORT REQUIRED. On or before November 1 of | ||
each even-numbered year, the commission shall submit to the | ||
governor, lieutenant governor, and members of the legislature a | ||
report that includes the following information regarding awards | ||
made under the program during the preceding state fiscal biennium: | ||
(1) the number of grants awarded under the program; | ||
(2) the recipient of each grant awarded; | ||
(3) the number of vehicles replaced; | ||
(4) the number, type, and location of any refueling | ||
infrastructure, equipment, or services funded under the program; | ||
(5) the total emissions reductions achieved under the | ||
program; and | ||
(6) any other information the commission considers | ||
relevant. | ||
Sec. 395.015. EXPIRATION. This chapter expires on the last | ||
day of the state fiscal biennium during which the commission | ||
publishes in the Texas Register the notice required by Section | ||
382.037. | ||
(r-2) Effective on the date that the Texas Emissions | ||
Reduction Plan Advisory Board is abolished under Subsection (a) of | ||
this section, the following provisions of the Health and Safety | ||
Code are repealed: | ||
. . . | ||
(4) Section 394.009; | ||
(5) Section 394.010; and | ||
(6) Section 394.011. | ||
(s) This subsection takes effect on the date that the Texas | ||
Emissions Reduction Plan Advisory Board is abolished under | ||
Subsection (a) of this section. As soon as practicable after the | ||
effective date of this subsection, the Texas Commission on | ||
Environmental Quality shall implement the online application | ||
process required by Section 395.010(c), Health and Safety Code, as | ||
added by this section. Prior to the implementation of the online | ||
application process, the commission may accept applications for a | ||
grant under Chapter 395, Health and Safety Code, as added by this | ||
section, in any manner provided by the commission. | ||
(s-1) This subsection takes effect on the date that the | ||
Texas Emissions Reduction Plan Advisory Board is abolished under | ||
Subsection (a) of this section. The changes in law made by this | ||
section apply only to a Texas emissions reduction plan grant | ||
awarded on or after the effective date of this section. A grant | ||
awarded before the effective date of this section 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. | ||
(t) This section takes effect August 30, 2017. | ||
Explanation: The addition of text is necessary to ensure | ||
that the Texas Commission on Environmental Quality is able to carry | ||
out the commission's duties, responsibilities, and functions in the | ||
implementation of the Texas Emissions Reduction Plan after the | ||
abolishment of the Texas Emissions Reduction Plan Advisory Board. | ||
(2) House Rule 13, Section 9(a)(1), is suspended to permit | ||
the committee to change, alter, or amend text which is not in | ||
disagreement in proposed SECTION 18 of the bill, the effective date | ||
provision of the bill, to read as follows: | ||
SECTION 18. Except as otherwise provided by this Act, this | ||
Act takes effect September 1, 2017. | ||
Explanation: The change in the effective date provision is | ||
necessary to provide an exception for provisions of the bill that | ||
take effect on a date other than September 1, 2017. | ||
Landgraf | ||
______________________________ | ||
Speaker of the House | ||
I certify that H.R. No. 2614 was adopted by the House on May | ||
28, 2017, by the following vote: Yeas 144, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||