Bill Text: TX SB12 | 2015-2016 | 84th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to alternative fuel fleets of certain governmental entities, including funding for motor vehicles, infrastructure, and equipment.
Spectrum: Slight Partisan Bill (Republican 6-2)
Status: (Engrossed - Dead) 2015-05-19 - Committee report sent to Calendars [SB12 Detail]
Download: Texas-2015-SB12-Introduced.html
Bill Title: Relating to alternative fuel fleets of certain governmental entities, including funding for motor vehicles, infrastructure, and equipment.
Spectrum: Slight Partisan Bill (Republican 6-2)
Status: (Engrossed - Dead) 2015-05-19 - Committee report sent to Calendars [SB12 Detail]
Download: Texas-2015-SB12-Introduced.html
By: Uresti | S.B. No. 12 | |
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relating to alternative fuel fleets of certain governmental | ||
entities, including funding for motor vehicles, infrastructure, | ||
and equipment. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 2158, Government Code, is | ||
amended by adding Section 2158.0051 to read as follows: | ||
Sec. 2158.0051. ALTERNATIVE FUEL FLEETS. (a) It is the | ||
intent of this state that: | ||
(1) the vehicle fleet of a state agency, county, or | ||
municipality that operates a fleet of more than 15 motor vehicles be | ||
converted into or replaced with motor vehicles that use compressed | ||
natural gas, liquefied natural gas, liquefied petroleum gas, | ||
hydrogen fuel cells, or electricity, including fully electric | ||
vehicles and plug-in hybrid motor vehicles; and | ||
(2) motor vehicles of a state agency, county, or | ||
municipality described by Subdivision (1) that are capable of using | ||
fuels described by that subdivision be primarily operated with | ||
those fuels rather than conventional gasoline or diesel fuels. | ||
(b) In complying with Subsection (a), a state agency to | ||
which this section applies shall prioritize: | ||
(1) the purchase or lease of new motor vehicles when | ||
replacing vehicles or adding vehicles to the fleet; | ||
(2) the purchase of new motor vehicles to replace | ||
vehicles that have the highest total mileage and do not use a fuel | ||
described by Subsection (a); | ||
(3) the conversion of motor vehicles that were driven | ||
the most miles during the previous biennium and do not use a fuel | ||
described by Subsection(a); and | ||
(4) to the extent feasible, obtaining, whether by | ||
conversion, purchase, or lease, motor vehicles that use compressed | ||
natural gas or liquefied natural gas. | ||
(c) A county or municipality may comply with the intent of | ||
the legislature as described in Subsection (a). If the county or | ||
municipality complies with the intent, the county or municipality | ||
shall prioritize the actions listed in Subsections (b)(1)-(4). | ||
SECTION 2. Chapter 403, Government Code, is amended by | ||
adding Subchapter R to read as follows: | ||
SUBCHAPTER R. GOVERNMENTAL ALTERNATIVE FUEL FLEET GRANT PROGRAM | ||
Sec. 403.461. DEFINITIONS. In this subchapter: | ||
(1) "Alternative fuel" means compressed natural gas, | ||
liquefied natural gas, liquefied petroleum gas, hydrogen fuel | ||
cells, or electricity, including electricity to power fully | ||
electric vehicles and plug-in hybrid motor vehicles. | ||
(2) "Incremental cost" means the cost of a motor | ||
vehicle or the cost of purchasing or installing refueling | ||
infrastructure and equipment less a baseline cost that would | ||
otherwise be incurred by a grant recipient in the normal course of | ||
business. Incremental costs may include added lease or fuel costs | ||
as well as additional capital costs. | ||
(3) "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. | ||
(4) "Program" means the governmental alternative fuel | ||
fleet grant program established under this subchapter. | ||
(5) "State agency" has the meaning assigned by Section | ||
2151.002, Government Code. | ||
Sec. 403.462. PROGRAM. (a) The comptroller shall | ||
establish and administer a governmental alternative fuel fleet | ||
grant program to assist an eligible state agency, county, or | ||
municipality in complying with Section 2158.0051 through the | ||
purchase or lease of new motor vehicles that operate primarily on an | ||
alternative fuel. | ||
(b) The program may provide a grant to a state agency, | ||
county, or municipality to: | ||
(1) purchase or lease a new motor vehicle described by | ||
Section 403.464; or | ||
(2) purchase and install refueling infrastructure and | ||
equipment described by Section 403.465 to store and dispense | ||
alternative fuel needed for a motor vehicle described by | ||
Subdivision (1). | ||
Sec. 403.463. ELIGIBLE APPLICANTS. (a) A state agency, | ||
county, or municipality is eligible to apply for a grant under this | ||
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 transit or school transportation provider or other | ||
similar entity established to provide public or school | ||
transportation services is eligible for a grant under this program. | ||
Sec. 403.464. MOTOR VEHICLE REQUIREMENTS. (a) A grant | ||
recipient may purchase or lease with money from a grant under the | ||
program a new motor vehicle that: | ||
(1) 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 | ||
(2) has a dedicated system, dual-fuel system, or | ||
bi-fuel system with a range of at least 125 miles when operating on | ||
the alternative fuel without refueling, as published by the United | ||
States Environmental Protection Agency. | ||
(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 less emissions and has greater fuel efficiency than the | ||
vehicle being replaced. | ||
Sec. 403.465. REFUELING INFRASTRUCTURE AND EQUIPMENT | ||
REQUIREMENTS. A grant recipient may purchase or install refueling | ||
infrastructure or equipment with money from a grant under the | ||
program if: | ||
(1) the purchase or installation is made in | ||
conjunction with the purchase or lease of a motor vehicle as | ||
described by Section 403.464; | ||
(2) the grant recipient demonstrates that a refueling | ||
station that meets the needs of the recipient is not available | ||
within 30 miles of the location at which the recipient's vehicles | ||
are stored or primarily used; and | ||
(3) the refueling infrastructure or equipment will be | ||
owned and operated by the grant recipient. | ||
Sec. 403.466. 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 comptroller. | ||
Sec. 403.467. GRANT AMOUNTS. (a) The comptroller 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 comptroller considers appropriate. | ||
(b) In determining the incremental costs and setting the | ||
standardized grant amounts, the comptroller 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 comptroller may establish grant amounts to | ||
reimburse the full cost of the purchase and installation of | ||
refueling infrastructure or equipment 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. | ||
Sec. 403.468. AVAILABILITY OF EMISSIONS REDUCTION CREDITS. | ||
(a) A purchase, lease, or installation that uses money from a grant | ||
under the program may not be used for credit under a state or | ||
federal emissions reduction credit averaging, banking, or trading | ||
program. | ||
(b) An emissions reduction generated by a purchase or lease | ||
under this subchapter: | ||
(1) may not be used as a marketable emissions | ||
reduction credit; and | ||
(2) may be used to demonstrate conformity with the | ||
state implementation plan. | ||
(c) A project involving a new emissions reduction measure | ||
that would otherwise generate marketable 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 | ||
reductions that would otherwise be marketable credits to the state | ||
implementation plan; and | ||
(2) the reductions are permanently retired. | ||
Sec. 403.469. USE OF GRANT MONEY BY COUNTY OR MUNICIPALITY. | ||
A county or municipality shall prioritize the use of money from a | ||
grant under the program as required by Sections | ||
2158.0051(b)(1)-(4). | ||
Sec. 403.470. GRANT PROCEDURES AND CRITERIA. (a) The | ||
comptroller 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 comptroller shall award a grant through a contract | ||
between the comptroller and the grant recipient. | ||
(c) The comptroller may limit funding for a particular | ||
period according to priorities established by the comptroller, | ||
including limiting the availability of grants to specific entities, | ||
geographic areas, or types of vehicles and infrastructure. | ||
(d) In determining priorities for funding under the | ||
program, the comptroller shall consider: | ||
(1) the effectiveness of a proposed project in | ||
assisting an applicant in complying with Section 2158.0051; | ||
(2) the total amount of the emissions reduction that | ||
would be achieved from the project; | ||
(3) the type and number of vehicles purchased, leased, | ||
or converted; | ||
(4) the location of the fleet and the refueling | ||
infrastructure or equipment; | ||
(5) the number of vehicles served and the rate at which | ||
vehicles are served by the refueling infrastructure or equipment; | ||
(6) the amount of any matching funds committed by the | ||
applicant; and | ||
(7) the schedule for project completion. | ||
Sec. 403.471. EXPIRATION. This chapter expires August 31, | ||
2025. | ||
SECTION 3. Section 2158.0051, Government Code, as added by | ||
this Act, applies beginning with the state fiscal biennium | ||
beginning September 1, 2015. | ||
SECTION 4. (a) To the extent that money is appropriated | ||
from the Texas emissions reduction plan fund for that purpose, the | ||
comptroller may use that money to award grants under the | ||
governmental alternative fuel fleet grant program created under | ||
Subchapter R, Chapter 403, Government Code, as added by this Act, | ||
except that the comptroller may not use for that purpose more than | ||
three percent of the balance of the Texas emissions reduction plan | ||
fund as of September 1 of each fiscal year of the biennium for the | ||
governmental alternative fuel fleet grant program in that fiscal | ||
year. | ||
(b) This section expires August 31, 2025. | ||
SECTION 5. This Act takes effect September 1, 2015. |