Bill Text: TX SB385 | 2011-2012 | 82nd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
82R3742 JAM-F | ||
By: Williams | S.B. No. 385 |
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relating to the creation of an alternative fuel program to be funded | ||
by the Texas emissions reduction plan fund. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 386.252(a), 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; and | ||
(E) two percent may be used for the alternative | ||
fueling facilities program; | ||
(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 Subsection (e) to read as follows: | ||
(e) The commission may allocate unexpended money designated | ||
for the alternative fueling facilities program to other programs | ||
described under Subsection (a) after the commission allocates money | ||
to recipients under the alternative fueling facilities program. | ||
SECTION 3. Subtitle C, Title 5, Health and Safety Code, is | ||
amended by adding Chapter 393 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 costs incurred | ||
by the grant recipient in one calendar year to construct, | ||
reconstruct, or acquire the facility; or | ||
(2) $500,000. | ||
Sec. 393.007. EXPIRATION. This chapter expires August 31, | ||
2018. | ||
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. This Act takes effect September 1, 2011. |