Bill Text: TX SB385 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the creation of programs to support the use of alternative fuels, including an alternative fuel program to be funded by the Texas emissions reduction plan fund and a grant program for certain natural gas vehicles.
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB385 Detail]
Download: Texas-2011-SB385-Enrolled.html
S.B. No. 385 |
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relating to the creation of programs to support the use of | ||
alternative fuels, including an alternative fuel program to be | ||
funded by the Texas emissions reduction plan fund and a grant | ||
program for certain natural gas vehicles. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subsection (a), Section 386.252, Health and | ||
Safety Code, as amended by Chapters 1125 (H.B. 1796) and 1232 (S.B. | ||
1759), Acts of the 81st Legislature, Regular Session, 2009, is | ||
reenacted and amended to read as follows: | ||
(a) Money in the fund may be used only to implement and | ||
administer programs established under the plan and shall be | ||
allocated as follows: | ||
(1) for the diesel emissions reduction incentive | ||
program, 87.5 percent of the money in the fund, of which: | ||
(A) not more than four percent may be used for the | ||
clean school bus program; | ||
(B) not more than 10 percent may be used for | ||
on-road diesel purchase or lease incentives; [ |
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(C) a specified amount may be used for the new | ||
technology implementation grant program, from which a defined | ||
amount may be set aside for electricity storage projects related to | ||
renewable energy; | ||
(D) five percent shall be used for the clean | ||
fleet program; | ||
(E) two percent may be used for the Texas | ||
alternative fueling facilities program; | ||
(F) not less than 16 percent shall be used for the | ||
natural gas vehicle grant program; and | ||
(G) not more than four percent may be used to | ||
provide grants for natural gas fueling stations under Section | ||
394.010; | ||
(2) for the new technology research and development | ||
program, nine percent of the money in the fund, of which: | ||
(A) up to $200,000 is allocated for a health | ||
effects study; | ||
(B) $500,000 is to be deposited in the state | ||
treasury to the credit of the clean air account created under | ||
Section 382.0622 to supplement funding for air quality planning | ||
activities in affected counties; | ||
(C) not less than 20 percent is to be allocated | ||
each year to support research related to air quality as provided by | ||
Section 387.010; and | ||
(D) the balance is allocated each year to the | ||
commission to be used to: | ||
(i) implement and administer the new | ||
technology research and development program for the purpose of | ||
identifying, testing, and evaluating new emissions-reducing | ||
technologies with potential for commercialization in this state and | ||
to facilitate their certification or verification; and | ||
(ii) contract with the Energy Systems | ||
Laboratory at the Texas Engineering Experiment Station for $216,000 | ||
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; and | ||
(3) two percent is allocated to the commission and 1.5 | ||
percent is allocated to the laboratory for administrative costs | ||
incurred by the commission and the laboratory. | ||
SECTION 2. Section 386.252, Health and Safety Code, is | ||
amended by adding Subsections (e), (f), and (g) to read as follows: | ||
(e) The commission may allocate unexpended money designated | ||
for the Texas alternative fueling facilities program to other | ||
programs described under Subsection (a) after the commission | ||
allocates money to recipients under the alternative fueling | ||
facilities program. | ||
(f) Notwithstanding Subsection (a), the commission may | ||
reallocate money in the fund if: | ||
(1) the commission, in consultation with the governor | ||
and the advisory board, determines that the use of the money in the | ||
fund for the program established under Chapter 394 will cause the | ||
state to be in noncompliance with the state implementation plan to | ||
the extent that federal action is likely; and | ||
(2) the commission finds that the reallocation of some | ||
or all of the funding for the program established under Chapter 394 | ||
would resolve the noncompliance. | ||
(g) Under Subsection (f), the commission may not reallocate | ||
more than the minimum amount of money necessary to resolve the | ||
noncompliance. | ||
SECTION 3. Subtitle C, Title 5, Health and Safety Code, is | ||
amended by adding Chapters 393 and 394 to read as follows: | ||
CHAPTER 393. ALTERNATIVE FUELING FACILITIES PROGRAM | ||
Sec. 393.001. DEFINITIONS. In this chapter: | ||
(1) "Alternative fuel" means a fuel other than | ||
gasoline or diesel fuel, other than biodiesel fuel, including | ||
electricity, compressed natural gas, liquified natural gas, | ||
hydrogen, propane, or a mixture of fuels containing at least 85 | ||
percent methanol by volume. | ||
(2) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(3) "Program" means the Texas alternative fueling | ||
facilities program established under this chapter. | ||
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 nonattainment | ||
areas. Under the program, the commission shall provide a grant for | ||
each eligible facility to offset the cost of those facilities. | ||
(b) An entity that constructs, reconstructs, or acquires an | ||
alternative fueling facility is eligible to participate in the | ||
program. | ||
Sec. 393.003. APPLICATION FOR GRANT. (a) An entity | ||
operating in this state that constructs, reconstructs, or acquires | ||
a facility to store, compress, or dispense alternative fuels may | ||
apply for and receive a grant under the program. | ||
(b) The commission may adopt guidelines to allow a regional | ||
planning commission, council of governments, or similar regional | ||
planning agency created under Chapter 391, Local Government Code, | ||
or a private nonprofit organization to apply for and receive a grant | ||
to improve the ability of the program to achieve its goals. | ||
(c) An application for a grant under this chapter must be | ||
made on a form provided by the commission and must contain the | ||
information required by the commission. | ||
Sec. 393.004. ELIGIBILITY OF FACILITIES FOR GRANTS. | ||
(a) The commission by rule shall establish criteria for | ||
prioritizing facilities eligible to receive grants under this | ||
chapter. The commission shall review and revise the criteria as | ||
appropriate. | ||
(b) To be eligible for a grant under the program, the entity | ||
receiving the grant must agree to make the alternative fueling | ||
facility available to persons not associated with the entity at | ||
times designated by the grant agreement. | ||
(c) A recipient of a grant under this chapter is not | ||
eligible to receive a second grant under this chapter for the same | ||
facility. | ||
Sec. 393.005. RESTRICTION ON USE OF GRANT. 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 administrative expenses. | ||
Sec. 393.006. AMOUNT OF GRANT. For each eligible facility | ||
for which a recipient is awarded a grant under the program, the | ||
commission shall award the grant in an amount equal to the lesser | ||
of: | ||
(1) 50 percent of the sum of the actual eligible costs | ||
incurred by the grant recipient within deadlines established by the | ||
commission to construct, reconstruct, or acquire the facility; or | ||
(2) $500,000. | ||
Sec. 393.007. EXPIRATION. This chapter expires August 31, | ||
2018. | ||
CHAPTER 394. TEXAS NATURAL GAS VEHICLE GRANT PROGRAM | ||
Sec. 394.001. DEFINITIONS. In this chapter: | ||
(1) "Advisory board" means the Texas Emissions | ||
Reduction Plan Advisory Board. | ||
(2) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(3) "Executive director" means the executive director | ||
of the Texas Commission on Environmental Quality. | ||
(4) "Heavy-duty motor vehicle" means a motor vehicle | ||
with: | ||
(A) a gross vehicle weight rating of more than | ||
8,500 pounds; and | ||
(B) an engine certified to the United States | ||
Environmental Protection Agency's standards for heavy-duty | ||
engines. | ||
(5) "Incremental cost" means the difference between | ||
the manufacturer's suggested retail price of a baseline vehicle, | ||
the documented dealer price of a baseline vehicle, cost to lease or | ||
otherwise commercially finance a baseline vehicle, cost to repower | ||
with a baseline engine, or other appropriate baseline cost | ||
established by the commission, and the actual cost of the natural | ||
gas vehicle purchase, lease, or other commercial financing, or | ||
repower. | ||
(6) "Medium-duty motor vehicle" means a motor vehicle | ||
with a gross vehicle weight rating of more than 8,500 pounds that: | ||
(A) is certified to the United States | ||
Environmental Protection Agency's light-duty emissions standard; | ||
or | ||
(B) has an engine certified to the United States | ||
Environmental Protection Agency's light-duty emissions standard. | ||
(7) "Motor vehicle" has the meaning assigned by | ||
Section 386.151. | ||
(8) "Natural gas vehicle" means a motor vehicle that | ||
receives not less than 75 percent of its power from compressed or | ||
liquefied natural gas. | ||
(9) "Program" means the Texas natural gas vehicle | ||
grant program established under this chapter. | ||
Sec. 394.002. PROGRAM. The commission shall establish and | ||
administer the Texas natural gas vehicle grant program to encourage | ||
an entity that has a heavy-duty or medium-duty motor vehicle to | ||
repower the vehicle with a natural gas engine or replace the vehicle | ||
with a natural gas vehicle. Under the program, the commission shall | ||
provide grants for eligible heavy-duty motor vehicles and | ||
medium-duty motor vehicles to offset the incremental cost for the | ||
entity of repowering or replacing the heavy-duty or medium-duty | ||
motor vehicle. | ||
Sec. 394.003. QUALIFYING VEHICLES. (a) A vehicle is a | ||
qualifying vehicle that may be considered for a grant under the | ||
program if during the calendar year the entity: | ||
(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 current federal emissions | ||
standards; | ||
(C) replaces an on-road heavy-duty or | ||
medium-duty motor vehicle of the same weight classification and | ||
use; and | ||
(D) is powered by an engine certified to: | ||
(i) emit not more than 0.2 grams of nitrogen | ||
oxides per brake horsepower hour; or | ||
(ii) meet or exceed the United States | ||
Environmental Protection Agency's Bin 5 standard for light-duty | ||
engines when powering the vehicle; or | ||
(2) repowered the on-road motor vehicle to a natural | ||
gas vehicle powered by a natural gas engine that: | ||
(A) is certified to current federal emissions | ||
standards; and | ||
(B) is: | ||
(i) a heavy-duty engine that is certified | ||
to emit not more than 0.2 grams of nitrogen oxides per brake | ||
horsepower hour; or | ||
(ii) certified to meet or exceed the United | ||
States Environmental Protection Agency's Bin 5 standard for | ||
light-duty engines when powering the vehicle. | ||
(b) A heavy-duty or medium-duty motor vehicle is not a | ||
qualifying vehicle if the vehicle or the natural gas engine | ||
powering the vehicle: | ||
(1) has been awarded a grant under this chapter for a | ||
previous reporting period; or | ||
(2) has received a similar grant or tax credit in | ||
another jurisdiction if that grant or tax credit program is relied | ||
on for credit in the state implementation plan. | ||
Sec. 394.004. APPLICATION FOR GRANT. (a) Only an entity | ||
operating in this state that operates a heavy-duty or medium-duty | ||
motor vehicle may apply for and receive a grant under this chapter. | ||
(b) An application for a grant under this chapter must be | ||
made on a form provided by the commission and must contain the | ||
information required by the commission. | ||
(c) The commission, after consulting stakeholders, shall: | ||
(1) simplify the application form; and | ||
(2) minimize, to the maximum extent possible, | ||
documentation required for an application. | ||
Sec. 394.005. ELIGIBILITY FOR GRANTS. (a) The commission | ||
by rule shall establish criteria for prioritizing qualifying | ||
vehicles eligible to receive grants under this chapter. The | ||
commission shall review and revise the criteria as appropriate | ||
after consultation with the advisory board. | ||
(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; or | ||
(B) be a heavy-duty or medium-duty motor vehicle | ||
repowered with a natural gas engine that: | ||
(i) is installed in an on-road vehicle that | ||
has been owned, leased, or otherwise commercially financed and | ||
registered and operated by the applicant in Texas for at least the | ||
two years immediately preceding the submission of a grant | ||
application; | ||
(ii) satisfies any minimum average annual | ||
mileage or fuel usage requirements established by the commission; | ||
(iii) satisfies any minimum percentage of | ||
annual usage requirements established by the commission; and | ||
(iv) is installed in an on-road vehicle | ||
that, at the time of the vehicle's repowering, was in operating | ||
condition and had at least two years of remaining useful life, as | ||
determined in accordance with criteria established by the | ||
commission. | ||
(c) As a condition of receiving a grant, the qualifying | ||
vehicle must be continuously owned, leased, or otherwise | ||
commercially financed and registered and operated in the state by | ||
the grant recipient until the earlier of the fourth anniversary of | ||
the date of reimbursement of the grant-funded expenses or until the | ||
date the vehicle has been in operation for 400,000 miles after the | ||
date of reimbursement. Not 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: | ||
(1) the counties any part of which are included in the | ||
area described by Section 394.010(a); or | ||
(2) counties designated as nonattainment areas within | ||
the meaning of Section 107(d) of the federal Clean Air Act (42 | ||
U.S.C. Section 7407). | ||
(d) The commission shall include and enforce the usage | ||
provisions in the grant contracts. The commission shall monitor | ||
compliance with the ownership, leasing, and usage requirements, | ||
including submission of reports on at least an annual basis, or more | ||
frequently as determined by the commission. | ||
(e) The commission by contract may require the return of all | ||
or a portion of grant funds for a grant recipient's noncompliance | ||
with the usage and percentage of use requirements under this | ||
section. | ||
(f) A heavy-duty or medium-duty motor vehicle replaced | ||
under this program must be rendered permanently inoperable by | ||
crushing the vehicle, by making a hole in the engine block and | ||
permanently destroying the frame of the vehicle, or by another | ||
method approved by the commission that permanently removes the | ||
vehicle from operation in this state. The commission shall | ||
establish criteria for ensuring the permanent destruction of the | ||
engine or vehicle. The commission shall enforce the destruction | ||
requirements. | ||
(g) The commission shall establish baseline emission levels | ||
for emissions of nitrogen oxides for on-road heavy-duty or | ||
medium-duty motor vehicles being replaced 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, as | ||
determined by the commission after consultation with the advisory | ||
board. | ||
(h) Mileage or fuel use requirements established by the | ||
commission under Subsection (b)(2)(A)(ii) may differ by vehicle | ||
weight categories and type of use. | ||
(i) The executive director shall waive the requirements of | ||
Subsection (b)(2)(A)(i) on a finding of good cause, which may | ||
include short lapses in registration or operation due to economic | ||
conditions, seasonal work, or other circumstances. | ||
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 for which the grant is made, which may | ||
include the initial cost of the natural gas vehicle or natural gas | ||
engine and 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. | ||
Sec. 394.007. AMOUNT OF GRANT. (a) The commission shall | ||
develop a grant schedule that: | ||
(1) assigns a standardized grant in an amount between | ||
60 and 90 percent of the incremental cost of a natural gas vehicle | ||
purchase, lease, other commercial finance, or repowering; | ||
(2) is based on: | ||
(A) the certified emission level of nitrogen | ||
oxides, or other pollutants as determined by the commission, of the | ||
engine powering the natural gas vehicle; and | ||
(B) the usage of the natural gas vehicle; and | ||
(3) may take into account the overall emissions | ||
reduction achieved by the natural gas vehicle. | ||
(b) Not less than 60 percent of the total amount of grants | ||
awarded under this chapter for the purchase and repowering of motor | ||
vehicles must be awarded to motor vehicles with a gross vehicle | ||
weight rating of at least 33,001 pounds. The minimum grant | ||
requirement under this subsection does not apply if the commission | ||
does not receive enough grant applications to satisfy the | ||
requirement for motor vehicles described by this subsection that | ||
are eligible to receive a grant under this chapter. | ||
(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 | ||
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 | ||
for which the grant is awarded. | ||
(d) The commission shall reduce the amount of a grant | ||
awarded under this chapter as necessary to keep the combined | ||
incentive total at or below the incremental cost of the vehicle for | ||
which the grant is awarded if the grant recipient is eligible to | ||
receive an automatic incentive at or before the time a grant is | ||
awarded under this chapter. | ||
Sec. 394.008. GRANT PROCEDURES. (a) The commission shall | ||
adopt procedures for: | ||
(1) awarding grants under this chapter in the form of | ||
rebates; and | ||
(2) streamlining the grant application, contracting, | ||
reimbursement, and reporting process for qualifying natural gas | ||
vehicle purchases or repowers. | ||
(b) Procedures adopted under this section must: | ||
(1) provide for the commission to compile and | ||
regularly update a listing of preapproved natural gas vehicles: | ||
(A) powered by natural gas engines certified to | ||
emit not more than 0.2 grams of nitrogen oxides per brake horsepower | ||
hour; or | ||
(B) certified to the United States Environmental | ||
Protection Agency's light-duty Bin 5 standard or better; | ||
(2) if a federal standard for the calculation of | ||
emissions reductions exists, provide a method to calculate the | ||
reduction in emissions of nitrogen oxides, volatile organic | ||
compounds, carbon monoxide, particulate matter, and sulfur | ||
compounds for each replacement or repowering; | ||
(3) assign a standardized rebate amount for each | ||
qualifying vehicle under Section 394.007; | ||
(4) allow for processing rebates on an ongoing | ||
first-come, first-served basis; | ||
(5) provide for contracts between the commission and | ||
participating dealers under Section 394.009; | ||
(6) allow grant recipients to assign their grant funds | ||
to participating dealers to offset the purchase or lease price; | ||
(7) require grant applicants to identify natural gas | ||
fueling stations that are available to fuel the qualifying vehicle | ||
in the area of its use; | ||
(8) provide for payment not later than the 30th day | ||
after the date the request for reimbursement for an approved grant | ||
is received; | ||
(9) provide for application submission and | ||
application status checks to be made over the Internet; and | ||
(10) consolidate, simplify, and reduce the | ||
administrative work for applicants and the commission associated | ||
with grant application, contracting, reimbursement, and reporting | ||
requirements. | ||
(c) The commission, or its designee, shall oversee the grant | ||
process and is responsible for final approval of any grant. | ||
(d) Grant recipients are responsible for meeting all grant | ||
conditions, including reporting and monitoring as required by the | ||
commission through the grant contract. | ||
Sec. 394.009. PARTICIPATING DEALERS. (a) In this section, | ||
"participating dealer" means a person who: | ||
(1) sells, leases, or otherwise commercially finances | ||
on-road heavy-duty or medium-duty natural gas vehicles or | ||
heavy-duty or medium-duty natural gas engines; and | ||
(2) has satisfied all requirements established by the | ||
commission for participation in the program as a dealer. | ||
(b) A participating dealer must agree to the terms and | ||
conditions of a standardized contract developed by the commission. | ||
(c) A participating dealer shall: | ||
(1) provide information regarding natural gas vehicle | ||
grants to fleet operators; | ||
(2) assist an applicant who purchases, leases, or | ||
otherwise commercially finances a natural gas vehicle or engine | ||
from the dealer with the completion of the application; and | ||
(3) submit completed applications and documentation | ||
to the commission on behalf of an applicant who purchases, leases, | ||
or otherwise commercially finances a natural gas vehicle or engine | ||
from the dealer. | ||
(d) A participating dealer may not approve a grant. | ||
(e) The commission shall: | ||
(1) maintain and make available to the public online a | ||
list of all qualified dealers; and | ||
(2) establish requirements for participation in the | ||
program by sellers of on-road heavy-duty or medium-duty natural gas | ||
vehicles and heavy-duty or medium-duty natural gas engines. | ||
Sec. 394.010. CLEAN TRANSPORTATION TRIANGLE. (a) To | ||
ensure that natural gas vehicles purchased, leased, or otherwise | ||
commercially financed or repowered under the program have access to | ||
fuel, and to build the foundation for a self-sustaining market for | ||
natural gas vehicles in Texas, the commission shall award grants to | ||
support the development of a network of natural gas vehicle fueling | ||
stations along the interstate highways connecting Houston, San | ||
Antonio, Dallas, and Fort Worth. In awarding the grants, the | ||
commission shall provide for: | ||
(1) strategically placed natural gas vehicle fueling | ||
stations in and between the Houston, San Antonio, and Dallas-Fort | ||
Worth areas to enable a natural gas vehicle to travel along that | ||
triangular area relying solely on natural gas fuel; | ||
(2) grants to be dispersed through a competitive | ||
bidding process to offset a portion of the cost of installation of | ||
the natural gas dispensing equipment; | ||
(3) contracts that require the recipient stations to | ||
meet operational, maintenance, and reporting requirements as | ||
specified by the commission; and | ||
(4) a listing, to be maintained by the commission and | ||
made available to the public online, of all natural gas vehicle | ||
fueling stations that have received grant funding, including | ||
location and hours of operation. | ||
(b) The commission may not award more than: | ||
(1) three station grants to any entity; or | ||
(2) one grant for each station. | ||
(c) Grants awarded under this section may not exceed: | ||
(1) $100,000 for a compressed natural gas station; | ||
(2) $250,000 for a liquefied natural gas station; or | ||
(3) $400,000 for a station providing both liquefied | ||
and compressed natural gas. | ||
(d) Stations funded by grants under this section must be | ||
publicly accessible and located not more than three miles from an | ||
interstate highway system. The commission shall give preference | ||
to: | ||
(1) stations providing both liquefied natural gas and | ||
compressed natural gas at a single location; and | ||
(2) stations located not more than one mile from an | ||
interstate highway system. | ||
(e) To meet the goals of this section, the commission may | ||
solicit grant applications under this section for a new fueling | ||
station in a specific area or location. | ||
(f) Grants made under this section are not subject to the | ||
requirements of Sections 394.002 through 394.008. The commission | ||
shall develop an application package and review applications in | ||
accordance with Sections 386.110 and 386.111. | ||
(g) The commission, in consultation with the natural gas | ||
industry, shall determine the most efficient use of funding for the | ||
station grants under this section to maximize the availability of | ||
natural gas fueling stations. | ||
Sec. 394.011. ADMINISTRATION OF PROGRAM. The commission | ||
may contract with one or more entities for administration of the | ||
program. | ||
Sec. 394.012. EXPIRATION. This chapter expires August 31, | ||
2017. | ||
SECTION 4. The Texas Commission on Environmental Quality | ||
shall adopt rules under Section 393.004, Health and Safety Code, as | ||
added by this Act, as soon as practicable after the effective date | ||
of this Act. | ||
SECTION 5. The Texas Commission on Environmental Quality | ||
shall adopt rules and establish procedures under Chapter 394, | ||
Health and Safety Code, as added by this Act, as soon as practicable | ||
after the effective date of this Act. | ||
SECTION 6. To the extent of any conflict, this Act prevails | ||
over another Act of the 82nd Legislature, Regular Session, 2011, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 7. This Act takes effect September 1, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 385 passed the Senate on | ||
April 4, 2011, by the following vote: Yeas 29, Nays 2; and that | ||
the Senate concurred in House amendment on May 27, 2011, by the | ||
following vote: Yeas 29, Nays 2. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 385 passed the House, with | ||
amendment, on May 23, 2011, by the following vote: Yeas 112, | ||
Nays 27, four present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |