Bill Text: TX SB12 | 2015-2016 | 84th Legislature | Comm Sub
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-Comm_Sub.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-Comm_Sub.html
By: Uresti, Menéndez | S.B. No. 12 | |
(In the Senate - Filed March 12, 2015; March 16, 2015, read | ||
first time and referred to Committee on Natural Resources and | ||
Economic Development; April 7, 2015, reported adversely, with | ||
favorable Committee Substitute by the following vote: Yeas 9, | ||
Nays 0; April 7, 2015, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 12 | By: Uresti |
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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 that operates a | ||
fleet of more than 15 motor vehicles, subject to the availability of | ||
funds, shall 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; | ||
(2) a county or municipality that operates a vehicle | ||
fleet of more than 15 motor vehicles is authorized, but is not | ||
required, to convert the fleet into or replace the fleet 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 | ||
(3) motor vehicles of a state agency, county, or | ||
municipality described by Subdivisions (1) and (2) that are capable | ||
of using fuels described by those subdivisions 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. | ||
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. | ||
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 is funded under the Texas emissions | ||
reduction plan established under Chapter 386, Health and Safety | ||
Code. | ||
(c) 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 fewer 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 actions listed in | ||
Sections 2158.0051(b)(1)-(4) when using money from a grant under | ||
the program. | ||
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. FUNDING. The legislature may appropriate | ||
money to the comptroller from the Texas emissions reduction plan | ||
fund established under Section 386.251, Health and Safety Code, to | ||
administer the program. | ||
Sec. 403.472. EXPIRATION. This subchapter expires August | ||
31, 2025. | ||
SECTION 3. 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(a); | ||
(9) a contract with the Energy Systems Laboratory at | ||
the Texas Engineering Experiment Station for computation of | ||
creditable statewide emissions reductions as provided by Section | ||
386.252(a)(14); | ||
(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 and clean | ||
transportation triangle program established under Chapter 394; | ||
(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 drayage truck incentive program established | ||
under Subchapter D-1; and | ||
(16) the governmental alternative fuel fleet grant | ||
program established under Subchapter R, Chapter 403, Government | ||
Code. | ||
SECTION 4. Section 386.252, Health and Safety Code, is | ||
amended by adding Subsection (i) to read as follows: | ||
(i) To the extent that money is appropriated from the fund | ||
for that purpose, the comptroller may use that money to award grants | ||
under the governmental alternative fuel fleet grant program | ||
established under Subchapter R, Chapter 403, Government Code, | ||
except that the comptroller 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. This subsection | ||
expires August 31, 2025. | ||
SECTION 5. Section 2158.0051, Government Code, as added by | ||
this Act, applies beginning with the state fiscal biennium | ||
beginning September 1, 2015. | ||
SECTION 6. This Act takes effect September 1, 2015. | ||
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