By Stiles H.B. No. 346
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the alternative fuels program; the adoption of certain
1-3 regulations to encourage and require the use of alternative fuels;
1-4 the purchase, financing, lease, or conversion of motor vehicles by
1-5 school districts, local governments, private fleet operators, and
1-6 local (and certain mass) transit authorities and districts to
1-7 assure the use of alternative fuels.
1-8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-9 SECTION 1. Section 382.131, Health and Safety Code, is
1-10 amended by adding subsections (1), (2, (3), (4), (5), (7), and (9)
1-11 and renumbering the remaining subsections to read as follows:
1-12 Sec. 382.131. DEFINITIONS. In this subchapter:
1-13 (1) "Alternative fuel" means any fuel (including
1-14 methanol, ethanol, or other alcohols (including any mixture thereof
1-15 containing 85 percent or more by volume of such alcohol with
1-16 gasoline or other fuels), reformulated gasoline, diesel, natural
1-17 gas, liquefied petroleum gas, and hydrogen) or power source
1-18 (including electricity) used in a clean-fuel vehicle that complies
1-19 with the standards and requirements applicable to such vehicle
1-20 under Subchapter II (Emission Standards For Moving Sources) of the
1-21 federal Clean Air Act (42 U.S.C. Section 7401 et seq.) when using
1-22 such fuel or power source.
1-23 (2) "Capable of Being Centrally Fueled" means a fleet
2-1 or that part of a fleet, consisting of vehicles that could be
2-2 refueled 100 percent of the time at a location that is owned,
2-3 operated, or controlled by the covered fleet operator, or is under
2-4 contract with the covered fleet operator.
2-5 (3) "Centrally Fueled" means a fleet, or that part of
2-6 a fleet, consisting of vehicles that are fueled 100 percent of the
2-7 time, at a location that is owned, operated, or controlled by the
2-8 covered fleet operator, or is under contract with the covered fleet
2-9 operator. The term 'centrally fueled' does not include retail
2-10 credit card purchases or commercial credit fleet service cards.
2-11 (4) "Clean-fuel vehicle" means a vehicle in a class or
2-12 category of vehicles which has been certified to meet for any model
2-13 year the clean-fuel vehicle standards applicable under Part C
2-14 (Clean Fuel Vehicles) of Subchapter II of the federal Clean Air Act
2-15 (42 U.S.C. Section 7401 et seq.).
2-16 (5) "Conventional gasoline" means any gasoline which
2-17 does not meet specifications set by a certification under
2-18 subsection 211(k) of the federal Clean Air Act (42 U.S.C. Section
2-19 7545(k)).
2-20 <1> (6) "Emissions" means emissions of oxides of
2-21 nitrogen, volatile organic compounds, carbon monoxide,
2-22 particulates, or any combination of those substances.
2-23 <2> (7) "Fleet vehicle" means a vehicle which is
2-24 centrally fueled or capable of being centrally fueled and is
2-25 required to be registered under Chapter 88, General Laws, Acts of
3-1 the 41st Legislature, 2nd Called Session 1929 (Article 6675a-2,
3-2 Vernon's Texas Civil Statutes). The term does not include: (A) a
3-3 fleet vehicle which under normal conditions is garaged at a
3-4 personal residence; or (B) a fleet vehicle with a GVWR of greater
3-5 than 26,000 pounds.
3-6 <3> (8) "Mass transit authority" means a
3-7 transportation or transit authority or department established under
3-8 Chapter 141, Acts of the 63rd Legislature, Regular Session, 1973
3-9 (Article 1118x, Vernon's Texas Civil Statutes), Chapter 683, Acts
3-10 of the 66th Legislature, Regular Session, 1979 (Article 1118y,
3-11 Vernon's Texas Civil Statutes), or Article 1118z, Revised Statutes,
3-12 that operates a mass transit system under any of those laws.
3-13 (9) "Reformulated gasoline" means gasoline that has
3-14 been certified as a reformulated gasoline under the federal
3-15 Environmental Protection Agency's certification regulations
3-16 promulgated in accordance with Section 211(k)(4) of the federal
3-17 Clean Air Act (42 U.S.C. Section 7545(k)(4)).
3-18 (10) "Vehicle that Is Normally Garaged at a Personal
3-19 Residence" means a vehicle that, when it is not in use, is normally
3-20 parked at the residence of the individual who usually operates it,
3-21 rather than at a central refueling, maintenance, and/or business
3-22 location. Such vehicles are not considered to be capable of being
3-23 centrally fueled and are exempt unless they are, in fact, centrally
3-24 fueled 100 percent of the time.
3-25 SECTION 2: Section 382.133, Health and Safety Code, is
4-1 amended to read as follows:
4-2 Sec. 382.133. MASS TRANSIT FLEET VEHICLES. (a) The board
4-3 by rule shall require a mass transit authority to ensure that its
4-4 vehicles can operate on <compressed natural gas or other>
4-5 alternative fuels <that result in comparably lower emissions>.
4-6 (b) Rules adopted under this section must require a mass
4-7 transit authority to have its fleet vehicles able to operate on
4-8 <compressed natural gas or other> any alternative fuel according to
4-9 the following schedule;
4-10 (1) not later than September 1, 1994, at least 30
4-11 percent of the vehicles; and
4-12 (2) not late than September 1, 1996, at least 50
4-13 percent of the vehicles.
4-14 (c) Contingent on the board's review, not later than
4-15 December 31, 1996, of the alternative fuels program established by
4-16 this section and the board's determination that the program is
4-17 reducing emissions, is projected to be effective in improving
4-18 overall air quality, and is necessary to the attainment of federal
4-19 ambient air quality standards in the affected areas, the rules must
4-20 require a mass transit authority, not later than September 1, 1998,
4-21 to have at least 90 percent of its fleet vehicles able to operate
4-22 on <compressed natural gas or other> any alternative fuel.
4-23 SECTION 3. Section 382.134, Health and Safety Code, is
4-24 amended to read as follows:
4-25 Sec. 382.134 (a) This section applies to:
5-1 (1) local government that operates primarily in an
5-2 affected area a fleet of more than 15 vehicles, excluding law
5-3 enforcement and emergency vehicles; and
5-4 (2) a private person that operates primarily in an
5-5 affected area a fleet of more than 25 fleet <motor> vehicles,
5-6 excluding emergency vehicles.
5-7 (b) If the board determines under Section 382.133 that the
5-8 alternative fuels program is reducing emissions, is projected to be
5-9 effective in improving overall air quality, and is necessary to
5-10 comply with federal ambient air quality standards for ozone, carbon
5-11 monoxide oxides of nitrogen, or particulates in the affected areas,
5-12 the board by rule shall require a local government or a private
5-13 person to ensure that its fleet vehicles can operate on <compressed
5-14 natural gas or> any <other> alternative fuel<s that reduce total
5-15 annual emissions from motor vehicles in the area> pursuant to
5-16 Subsection (c).
5-17 (c) Rules adopted under this section must require a local
5-18 government or private person to have its fleet vehicles able to
5-19 operate on <compressed natural gas or> any <other> alternative
5-20 fuel according to the following schedule:
5-21 (1) 30 percent of new fleet vehicles purchased after
5-22 September 1, 1998 <not later than September 1, 1998, at least 30
5-23 percent of the vehicles>;
5-24 (2) 50 percent of new fleet vehicles purchased after
5-25 September 1, 2000 <not later than September 1, 2000, at least 50
6-1 percent of the vehicles>; and
6-2 (3) 90 percent of new fleet vehicles purchased after
6-3 September 1, 2002 <not later than September 1, 2002, at least 90
6-4 percent of vehicles>.
6-5 (d) The requirements of this section may be met through
6-6 conversion of existing or new gasoline or diesel powered vehicles
6-7 to clean-fuel vehicles. For purposes of such provisions, the
6-8 conversion of a vehicle to a clean-fuel vehicle shall be treated as
6-9 a purchase. Nothing in the section shall be construed to provide
6-10 that any fleet subject to the requirements of this section shall be
6-11 required to convert existing or new gasoline or diesel-powered
6-12 vehicles to clean-fuel vehicles or to purchase converted vehicles
6-13 in the event that clean fuel vehicles are not available from
6-14 original equipment manufacturers. The choice of clean-fuel vehicle
6-15 and alternative fuel shall be made by the fleet operator.
6-16 SECTION 4: Section 382.135, Health and Safety Code, is
6-17 amended to read as follows:
6-18 Sec. 382.135. DUAL FUEL CONVERSION. The percentage
6-19 requirements of Sections 382.133 and 382.134 may be met by the dual
6-20 fuel conversion or capability of conventional gasoline-powered or
6-21 diesel-powered vehicles to operate also on<compressed natural gas
6-22 or other> any alternative fuel<s that result in comparably lower
6-23 emissions>.
6-24 SECTION 5: Subchapter F, Chapter 382, Health and Safety
6-25 Code, is amended by adding Section 382.135A to read as follows:
7-1 Sec. 382.135A CREDITS. (a) The percentage requirements of
7-2 Sections 382.133 and 382.134 may be met by trading and banking of
7-3 emission reduction credits.
7-4 (b) Rules adopted under this section shall provide for the
7-5 issuance of appropriate emission reduction credits to a fleet
7-6 operator for any of the following (or any combination thereof):
7-7 (1) the purchase of clean-fuel vehicles which meet
7-8 more stringent standards than required under this Subchapter;
7-9 (2) the purchase of more clean-fuel vehicles than
7-10 required under Sections 382.133 and 382.134;
7-11 (3) the purchase of clean-fuel vehicles in categories
7-12 not required by this Subchapter; and
7-13 (4) the purchase of clean-fuel vehicles prior than
7-14 required under Sections 382.133 and 382.134.
7-15 (c) Emission reduction credits issued for the purchase of a
7-16 clean-fuel vehicle pursuant to this section shall be adjusted with
7-17 appropriate weighting to reflect the level of emission reduction
7-18 achieved by the vehicle.
7-19 (d) Emission reduction credits issued pursuant to this
7-20 section may be used by the person holding such credits to
7-21 demonstrate compliance with the percentage requirements of Sections
7-22 382.133 and 382.134 or may be traded, sold, purchased, or banked
7-23 for use by any other person to demonstrate compliance with other
7-24 air pollutant emission reduction requirements of applicable law
7-25 within the same nonattainment area. Emission reduction credits
8-1 issued pursuant to this section may be used in any manner provided
8-2 by law with regard to area emission reduction credit organizations
8-3 under Chapter 384, Health and Safety Code.
8-4 (e) The Texas Natural Resource Conservation Commission shall
8-5 adopt regulations to implement this section by September 1, 1997.
8-6 SECTION 6: Section 382.136 (a)(3), Health and Safety Code,
8-7 is amended to read as follows:
8-8 Sec. 382.136(a)(3) the affected entity is unable to secure
8-9 financing provided by or arranged through the proposed supplier or
8-10 suppliers of <compressed natural gas or other> alternative fuels
8-11 sufficient to cover the additional costs of alternative fueling.
8-12 SECTION 7: Section 382.138(a) and (b), Health and Safety
8-13 Code, is amended to read as follows:
8-14 Sec. 382.138(a) In conjunction with the development of state
8-15 implementation plans for achieving and maintaining compliance with
8-16 federal ambient air quality standards under the federal Clean Air
8-17 Act (42 U.S.C. Section 7401 et seq.), the board shall evaluate and
8-18 determine, for areas required by federal law to have state
8-19 implementation plans, the effectiveness of and need for the use of
8-20 <compressed natural gas or other> alternative fuels in vehicles.
8-21 (b) The evaluation and determination must include:
8-22 (1) the uses of <compressed natural gas or other>
8-23 alternative fuels required by Sections 382.133 and 382.134; and
8-24 (2) additional or different uses of <compressed
8-25 natural gas or other> alternative fuels.
9-1 SECTION 8: Section 382.139, Health and Safety code, is
9-2 amended to read as follows:
9-3 Sec. 382.139(a) If, after considering the factors listed in
9-4 Section 382.138 the board determines that the use of <compressed
9-5 natural gas or other> alternative fuels for certain categories of
9-6 motor vehicles is effective and necessary for achieving and
9-7 maintaining compliance with federal ambient air quality standards,
9-8 the board by rule shall require those uses in addition to uses
9-9 required elsewhere in this subchapter.
9-10 (b) If, after considering the factors listed in Section
9-11 382.138, the board determines that the additional uses are
9-12 appropriate, the board may establish and implement programs
9-13 encouraging the use of <compressed natural gas or other>
9-14 alternative fuels for certain categories of vehicles.
9-15 SECTION 9: Section 382.140(a), Health and Safety Code, is
9-16 amended to read as follows:
9-17 Sec. 382.140(a) In connection with the evaluations and
9-18 determinations required under Section 382.138 and encouraging the
9-19 use of <natural gas and other> alternative fuels, the board may
9-20 conduct or have conducted appropriate studies or pilot programs.
9-21 SECTION 10: Section 382.141, Health and Safety Code, is
9-22 amended to read as follows:
9-23 Sec. 382.141. REPORT REQUIRED. The board shall report
9-24 biennially its evaluations and determinations on the use of
9-25 <compressed natural gas or other> alternative fuels and recommend
10-1 legislative changes necessary to implement an effective and
10-2 feasible program for the use of <compressed natural gas and other>
10-3 alternative fuels. The report shall be submitted to the governor
10-4 and the legislature not later than the 30th day before the
10-5 commencement of each regular legislative session.
10-6 SECTION 11: Section 21.174(c), (d)(1), (e)(1), (e)(3), (g),
10-7 and (h), Education Code, is amended to read as follows:
10-8 Sec. 21.174(c)(1) Except as provided in Subsections (e) and
10-9 (f), no county or local district school board may purchase or lease
10-10 or authorize the purchase or lease after September 1, 1993, of a
10-11 motor vehicle used for transporting school children for any county
10-12 or local school district operating more than 50 such vehicles
10-13 unless that vehicle is capable of using <compressed natural gas or
10-14 other> any alternative fuel<s which result in comparably lower
10-15 emissions of oxides of nitrogen, volatile organic compounds, carbon
10-16 monoxide, or particulates or any combination thereof> as defined in
10-17 section 382.131(1) of the Texas Health and Safety Code.
10-18 (2) A county or local district school board may
10-19 acquire or be provided equipment or refueling facilities necessary
10-20 to operate such vehicles using <compressed natural gas or other>
10-21 alternative fuels:
10-22 (A) by purchase or lease as authorized by law;
10-23 (B) by gift or loan of the equipment or
10-24 facilities; or
10-25 (C) by gift or loan of the equipment or
11-1 facilities or other arrangement pursuant to a service contract for
11-2 the supply of <compressed natural gas or other> alternative fuels.
11-3 (3) If such equipment or facilities are donated,
11-4 loaned, or provided through other arrangement with the supplier of
11-5 <compressed natural gas or other> alternative fuels, the supplier
11-6 shall be entitled to recoup its actual cost of donating, loaning,
11-7 or providing the equipment or facilities through its fuel charges
11-8 under the supply contract.
11-9 (d)(1) Any county or local district school board which
11-10 operates a fleet of more than 50 motor vehicles used for
11-11 transporting school children shall ensure that:
11-12 (A) not less than 50 percent of its fleet is
11-13 capable of using <compressed natural gas or other> alternative
11-14 fuels not later than the earlier of September 1, 1997, or four
11-15 years from the date the fleet exceeds 50 vehicles; and
11-16 (B) not less than 90 percent of its fleet is
11-17 capable of using <compressed natural gas or other> alternative
11-18 fuels not later than September 1, 2001.
11-19 (e)(1) The requirement of Subsections (c) and (d) do not
11-20 apply to any school district if the county or local district school
11-21 board acts in accordance with Paragraph (A), (B), or (C).
11-22 (A) The requirements do not apply if the county
11-23 or local district school board solicits, but does not receive, any
11-24 bids for service contracts for the supply of <compressed natural
11-25 gas or other> alternative fuels that are at or below the net
12-1 projected costs of continued use of <traditional> conventional
12-2 gasoline as defined in Section 382.131(5) of the Texas Health and
12-3 Safety Code or diesel fuels measured over the expected useful life
12-4 of the equipment or facilities supplied. The bid solicitation
12-5 provision does not require any board to solicit a bid for service
12-6 contracts more than once during any fiscal year.
12-7 (B) The requirements do not apply if the county
12-8 or local district school board solicits, but does not receive, any
12-9 bids for conversion of engines or vehicles or replacement of
12-10 engines or vehicles to <compressed natural gas or other>
12-11 alternative fuels that are at or below the net projected costs of
12-12 continued use of <traditional> conventional gasoline or diesel
12-13 fuels measured over the expected useful life of the engine or
12-14 vehicle.
12-15 (C) The requirements do not apply if the county
12-16 or local district school board solicits, but does not receive, any
12-17 bids for a contract that provides for conversion or replacement, or
12-18 both, of engines or vehicles, or both, to <compressed natural gas
12-19 or other> alternative fuels and for the supply of <compressed
12-20 natural gas or other> alternative fuels that is at or below the net
12-21 projected costs of continued use of <traditional> conventional
12-22 gasoline or diesel fuels measured over the expected useful life of
12-23 the equipment, facilities, vehicles, and engines. The bid
12-24 solicitation provision does not require a board to solicit such a
12-25 bid more than once during any three-year period.
13-1 (e)(3) In determining total cost-effectiveness under this
13-2 subsection, a board may consider both the short-term and long-term
13-3 costs to the district and other objective factors that may affect
13-4 the capacity of the district to use <compressed natural gas or
13-5 other> alternative fuels. The board shall consider availability of
13-6 state and federal funds for conversion and replacement purposes.
13-7 (g) County and local district school boards and the General
13-8 Services Commission in purchasing, leasing, maintaining, or
13-9 converting vehicles for <compressed natural gas or other>
13-10 alternative fuels use shall comply with all applicable safety
13-11 standards promulgated by the United States Department of
13-12 Transportation and the Railroad Commission of Texas or their
13-13 successor agencies. The requirements of Subsections (c) and (d) do
13-14 not require a district to convert any vehicle or engine to
13-15 <compressed natural gas or other> alternative fuel if the
13-16 conversion does not meet fuel system integrity standards as
13-17 designed and tested by the National Highway Transportation Safety
13-18 Administration or the Railroad Commission of Texas.
13-19 (h) In this section, a vehicle is considered to be capable
13-20 of using <compressed natural gas or other> alternative fuels if the
13-21 vehicle is capable of using <compressed natural gas or other>
13-22 alternative fuels either in its original equipment engine or in an
13-23 engine that has been converted to use <compressed natural gas or
13-24 other> alternative fuels after September 1, 1991.
13-25 SECTION 12: Section 14(c), (d), (e), (h)(2)(A), and
14-1 (h)(2)(B), Chapter 503, Acts of the 72nd Legislature, Regular
14-2 Session, 1991, (Article 1118x, Vernon's Texas Civil Statutes), are
14-3 amended to read as follows:
14-4 Sec. 14(c)(1) The board may not purchase or lease after
14-5 September 1, 1991, any motor vehicle unless that vehicle is capable
14-6 of using <compressed natural gas or other> any alternative fuel<s
14-7 which result in comparably lower emissions of oxides of nitrogen,
14-8 volatile organic compounds, carbon monoxide, or particulates or any
14-9 combination thereof> as defined in Section 382.131(1) of the Texas
14-10 Health and Safety Code.
14-11 (2) The authority may acquire or be provided equipment
14-12 or refueling facilities necessary to operate such vehicles using
14-13 <compressed natural as or other> alternative fuels:
14-14 (A) by purchase or lease as authorized by law;
14-15 (B) by gift or loan of the equipment or
14-16 facilities; or
14-17 (C) by gift or loan of the equipment or
14-18 facilities or other arrangement pursuant to a service contract for
14-19 the supply of <compressed natural gas or other> alternative fuels.
14-20 (3) If such equipment or facilities are donated,
14-21 loaned, or provided through other arrangement with the supplier of
14-22 <compressed natural gas or other> alternative fuels, the supplier
14-23 shall be entitled to recoup its actual costs of donating, loaning,
14-24 or providing the equipment or facilities through its fuel charges
14-25 under the supply contract.
15-1 (4) The board or, in an authority covered by
15-2 Subsection (h) of this section, the Texas Air Control Board, may
15-3 make exceptions to the requirements of this subsection if the board
15-4 certifies that:
15-5 (A) the authority's vehicles will be operating
15-6 primarily in an area in which neither the authority nor the
15-7 supplier has or can reasonably be expected to establish a central
15-8 refueling station for <compressed natural gas or other> alternative
15-9 fuels; or
15-10 (B) the authority is unable to acquire or be
15-11 provided equipment or refueling facilities necessary to operate
15-12 vehicles using <compressed natural gas or other> alternative fuels
15-13 at a projected cost that is reasonably expected to result in no
15-14 greater net costs than the continued use of
15-15 <traditional> conventional gasoline as defined in section
15-16 382.131(5) of the Texas Health and Safety Code or diesel fuels
15-17 measured over the expected useful life of the equipment or
15-18 facilities supplied.
15-19 (d)(1) The board shall achieve the following percentages of
15-20 vehicles capable of using <compressed natural gas or other>
15-21 alternative fuels by the times specified:
15-22 (A) the percentage shall be equal to or greater
15-23 than 30 percent of the number of fleet vehicles operated in 1994;
15-24 and
15-25 (B) equal to or greater than 50 percent of the
16-1 number of fleet vehicles operated by September 1, 1996.
16-2 (2) The Texas Air Control Board must review this
16-3 alternative fuel use program by December 31, 1996, and if the Texas
16-4 Air Control Board determines that the program has been effective in
16-5 reducing total annual emissions from motor vehicles in the area,
16-6 the board shall achieve a percentage of fleet vehicles capable of
16-7 using <compressed natural gas or other> alternative fuels equal to
16-8 or greater than 90 percent of the number of fleet vehicles operated
16-9 by September 1, 1998, and thereafter.
16-10 (3) The board must submit to the Texas Air Control
16-11 Board an annual report by December 31 of each year showing
16-12 purchases, leases, and conversions of motor vehicles and usage of
16-13 <compressed natural gas or other> alternative fuels and any other
16-14 relevant information the Texas Air Control Board may require.
16-15 (e) The board in the development of the <compressed natural
16-16 gas or other> alternative fuel use program should work with vehicle
16-17 manufacturers and converters, fuel distributors, and others to
16-18 delineate the vehicles to be covered, taking into consideration
16-19 range, specialty uses, fuel availability, vehicle manufacturing and
16-20 conversion capability, safety, resale values, and other relevant
16-21 factors. The board may meet the percentage requirements of this
16-22 section through purchase of new vehicles or the conversion of
16-23 existing vehicles, in accordance with federal and state
16-24 requirements and applicable safety laws, to use such alternative
16-25 fuels.
17-1 (h)(2)(A) the authority's vehicles will be operating
17-2 primarily in an area in which neither the authority nor a supplier
17-3 has or can reasonably be expected to establish a central refueling
17-4 station for <compressed natural as or other> alternative fuels; or
17-5 (B) the authority is unable to acquire or be
17-6 provided equipment or refueling facilities necessary to operate
17-7 vehicles using <compressed natural gas or other> alternative fuels
17-8 at a projected cost that is reasonably expected to result in no
17-9 greater net costs than the continued use of
17-10 <traditional> conventional gasoline or diesel fuels measured over
17-11 the expected useful life of the equipment or facilities supplied.
17-12 SECTION 13: Subsection (e)(1), (e)(2), (e)(3), (e)(4), (f),
17-13 (g), and (h), Section 20, Chapter 1189, Acts of the 71st
17-14 Legislature, Regular Session, 1989, (Article 1118y, Vernon's Texas
17-15 Civil Statutes), are amended to read as follows:
17-16 Sec. 20(e)(1) An authority may not purchase or lease after
17-17 September 1, 1991, any motor vehicle unless that vehicle is capable
17-18 of using <compressed natural gas or other> any alternative fuel<s
17-19 which result in comparably lower emissions of oxides of nitrogen,
17-20 volatile organic compounds, carbon monoxide, or particulates or any
17-21 combination thereof> as defined in Section 382.131(1) of the Texas
17-22 Health and Safety Code.
17-23 (2) an authority may acquire or be provided equipment
17-24 or refueling facilities necessary to operate such vehicles using
17-25 <compressed natural gas or other> alternative fuels:
18-1 (A) by purchase or lease as authorized by law;
18-2 (B) by gift or loan of the equipment or
18-3 facilities; or
18-4 (C) by gift or loan of the equipment or
18-5 facilities or other arrangement pursuant to a service contract for
18-6 the supply of <compressed natural gas or other> alternative fuels.
18-7 (3) If such equipment or facilities are donated,
18-8 loaned, or provided through other arrangement with the supplier of
18-9 <compressed natural gas or other> alternative fuels, the supplier
18-10 shall be entitled to recoup its actual cost of donating, loaning,
18-11 or providing the equipment or facilities through its fuel charges
18-12 under the supply contract.
18-13 (4) An authority may make exceptions to the
18-14 requirements of this subsection if the authority certifies that:
18-15 (A) the authority's vehicles will be operating
18-16 primarily in an area in which neither the authority nor a supplier
18-17 has or can reasonably be expected to establish a central refueling
18-18 station for <compressed natural gas or other> alternative fuels; or
18-19 (B) the authority is unable to acquire or be
18-20 provided equipment or refueling facilities necessary to operate
18-21 vehicles using <compressed natural gas or other> alternative fuels
18-22 at a projected cost that is reasonably expected to result in no
18-23 greater net costs than the continued use of
18-24 <traditional> conventional gasoline as defined in section
18-25 382.131(5) of the Texas Health and Safety Code or diesel fuels
19-1 measured over the expected useful life of the equipment or
19-2 facilities supplied.
19-3 (f)(1) An authority shall achieve the following percentages
19-4 of vehicles capable of using <compressed natural gas or other>
19-5 alternative fuels by the times specified:
19-6 (A) the percentage shall be equal to or greater
19-7 than 30 percent of the number of fleet vehicles operated by
19-8 September 1, 1994; and
19-9 (B) equal to or greater than 50 percent of the
19-10 number of fleet vehicles operated by September 1, 1996.
19-11 (2) The Texas Air Control Board must review this
19-12 alternative fuel use program by December 31, 1996, and, if the
19-13 Texas Air Control Board determines that the program has been
19-14 effective in reducing total annual emissions from motor vehicles in
19-15 the area, the authority shall achieve a percentage of fleet
19-16 vehicles capable of using <compressed natural gas or other>
19-17 alternative fuels equal to or greater than 90 percent of the number
19-18 of fleet vehicles operated by September 1, 1998, and thereafter.
19-19 (3) The authority must submit to the Texas Air Control
19-20 Board an annual report by December 31 of each year showing
19-21 purchases, leases, and conversions of motor vehicles and usage of
19-22 <compressed natural gas or other> alternative fuels and any other
19-23 relevant information the Texas Air Control Board may require.
19-24 (g) An authority in the development of the <compressed
19-25 natural gas or other> alternative fuel use program should work with
20-1 vehicle manufacturers and converters, fuel distributors, and others
20-2 to delineate the vehicles to be covered, taking into consideration
20-3 range, specialty uses, fuel availability, vehicle manufacturing
20-4 and conversion capability, safety, resale values, and other
20-5 relevant factors. The authority may meet the percentage
20-6 requirements of this section through the purchase of new vehicles
20-7 or the conversion of existing vehicles, in accordance with federal
20-8 and state requirements and applicable safety laws, to use the
20-9 alternative fuels.
20-10 (h) The authority in purchasing, leasing, maintaining, or
20-11 converting vehicles for <compressed natural gas or other>
20-12 alternative fuels use shall comply with all applicable safety
20-13 standards promulgated by the United States Department of
20-14 Transportation and the Railroad Commission of Texas or their
20-15 successor agencies.
20-16 SECTION 14: Paragraphs (1) and (4), Subsection (k), Section
20-17 6, Chapter 1189, Acts of the 71st Legislature, Regular Session,
20-18 1989, (Article 1118z, Vernon's Texas Civil Statutes), are amended
20-19 to read as follows:
20-20 Sec. 6(k)(1) The department may not purchase or lease after
20-21 September 1, 1991, any motor vehicle unless that vehicle is capable
20-22 of using <compressed natural gas or other> any alternative fuel<s
20-23 which result in comparably lower emissions of oxides of nitrogen,
20-24 volatile organic compounds, carbon monoxide, or particulates or any
20-25 combination thereof> as defined in Section 382.131(1) of the Texas
21-1 Health and Safety Code.
21-2 (2) The department may acquire or be provided
21-3 equipment or refueling facilities necessary to operate such
21-4 vehicles using <compressed natural gas or other> alternative fuels:
21-5 (A) by purchase or lease as authorized by law;
21-6 (B) by gift or loan of the equipment or
21-7 facilities; or
21-8 (C) by gift or loan of the equipment or
21-9 facilities or other arrangement pursuant to a service contract for
21-10 the supply of <compressed natural gas or other> alternative fuels.
21-11 (3) If such equipment or facilities are donated,
21-12 loaned, or provided through other arrangement with the supplier of
21-13 <compressed natural gas or other> alternative fuels, the supplier
21-14 shall be entitled to recoup its actual cost of donating, loaning,
21-15 or providing the equipment or facilities through its fuel charges
21-16 under the supply contract.
21-17 (4) A department may make exceptions to the
21-18 requirement of this subsection if the department certifies that:
21-19 (A) the department's vehicles will be operating
21-20 primarily in an area in which neither the department nor a supplier
21-21 has or can reasonably be expected to establish a central refueling
21-22 station for <compressed natural gas or other> alternative fuels; or
21-23 (B) the department is unable to acquire or be
21-24 provided equipment or refueling facilities necessary to operate
21-25 vehicles using <compressed natural gas or other> alternative fuels
22-1 at a projected cost that is reasonably expected to result in no
22-2 greater net costs than the continued use of
22-3 <traditional> conventional gasoline as defined in Section
22-4 382.131(5) of the Texas Health and Safety Code or diesel fuels
22-5 measured over the expected useful life of the equipment or
22-6 facilities supplied.
22-7 (l)(1) A department shall achieve the following percentages
22-8 of vehicles capable of using <compressed natural gas or>
22-9 alternative fuels by the times specified:
22-10 (A) the percentage shall be equal to or greater
22-11 than 30 percent of the number of fleet vehicles operated by
22-12 September 1 1994; and
22-13 (B) equal to or greater than 50 percent of the
22-14 number of fleet vehicles operated by September 1, 1996.
22-15 (2) The Texas Air Control Board must review the
22-16 alternative fuel use program by December 31, 1996, and, if the
22-17 Texas Air Control Board determines that the program has been
22-18 effective in reducing total annual emissions from motor vehicles in
22-19 the area, departments shall achieve a percentage of fleet vehicles
22-20 capable of using <compressed natural gas or other> alternative
22-21 fuels equal to or greater than 90 percent of the number of fleet
22-22 vehicles operated by September 1, 1998, and thereafter.
22-23 (3) The department must submit to the Texas Air
22-24 Control Board an annual report by December 31 of each year showing
22-25 purchases, leases, and conversions of motor vehicles and usage of
23-1 <compressed natural gas or other> alternative fuels and any other
23-2 relevant information the Texas Air Control Board may require.
23-3 (m) A department in the development of the <compressed
23-4 natural gas or other> alternative fuel use program should work with
23-5 vehicle manufacturers and converters, fuel distributors, and others
23-6 to delineate the vehicles to be covered, taking into consideration
23-7 range, specialty uses, fuels availability, vehicle manufacturing
23-8 and conversion capability, safety, resale values, and other
23-9 relevant factors. Such department may meet the percentage
23-10 requirements of this section through the purchase of new vehicles
23-11 or the conversion of existing vehicles, in accordance with federal
23-12 and state requirements and applicable safety laws, to use the
23-13 alternative fuels.
23-14 SECTION 15: Section 3.29(a), (b)(1), (b)(4), (e)(2), and
23-15 (h), State Purchasing and General Services Act (Article 601b,
23-16 Vernon's Texas Civil Statutes), is amended to read as follows:
23-17 Sec. 3.29(a) A state agency may not purchase or lease a
23-18 vehicle designed or used primarily for the transportation of
23-19 persons, including a station wagon, that was a wheel base longer
23-20 than 113 inches or that has more than 160 SAE net horsepower,
23-21 except that the vehicle may have a wheel base of up to 116 inches
23-22 or SAE net horsepower of up to 280 if the vehicle will be converted
23-23 so that it is capable of using <compressed natural gas or
23-24 another> an alternative fuel <that results in comparably lower
23-25 emissions of oxides of nitrogen, volatile organic compounds, carbon
24-1 monoxide, or particulates> as defined in section 382.131(1) of the
24-2 Texas Health and Safety Code. This exception to the wheel base and
24-3 horsepower limitations applies to a state agency regardless of the
24-4 size of the agency's vehicle fleet. The wheel base and horsepower
24-5 limitations prescribed by this subsection do not apply to the
24-6 purchase or lease of a vehicle to be used primarily for criminal
24-7 law enforcement or a bus, motorcycle, pickup, van, truck,
24-8 three-wheel vehicle, tractor, or ambulance.
24-9 (b)(1) A state agency operating a fleet of more than 15
24-10 vehicles, excluding law enforcement and emergency vehicles, may not
24-11 purchase or lease after September 1, 1991, any motor vehicle unless
24-12 that vehicle is capable of using <compressed natural gas or
24-13 other> an alternative fuel<s which result in comparably lower
24-14 emissions of oxides of nitrogen, volatile organic compounds, carbon
24-15 monoxide, or particulates or any combination thereof> as defined in
24-16 section 382.131(1) of the Texas Health and Safety Code.
24-17 (2) A state agency may acquire or be provided
24-18 equipment or refueling facilities necessary to operate such
24-19 vehicles using <compressed natural gas or other> alternative fuels:
24-20 (A) by purchase or lease as authorized by law;
24-21 (B) by gift, or loan of the equipment or
24-22 facilities; or
24-23 (C) by gift or loan of the equipment or
24-24 facilities or other arrangement pursuant to a service contract for
24-25 the supply of <compressed natural gas or other> alternative fuels.
25-1 (3) If such equipment or facilities are donated,
25-2 loaned, or provided through other arrangement with the supplier of
25-3 <compressed natural gas or other> an alternative fuel<s>, the
25-4 supplier shall be entitled to recoup its actual cost of donating,
25-5 loaning, or providing the equipment or facilities through its fuel
25-6 charges under the supply contract.
25-7 (4) The commission may waive the requirements of this
25-8 subsection for any state agency upon receipt of certification
25-9 supported by evidence acceptable to the commission that:
25-10 (A) the agency's vehicles will be operating
25-11 primarily in an area in which neither the agency nor a supplier has
25-12 or can reasonably be expected to establish a central refueling
25-13 station for <compressed natural gas or other> alternative fuels; or
25-14 (B) the agency is unable to acquire or be
25-15 provided equipment or refueling facilities necessary to operate
25-16 vehicles using <compressed natural gas or other> alternative fuels
25-17 at a projected cost that is reasonably expected to result in no
25-18 greater net costs than the continued use of
25-19 <traditional> conventional gasoline or diesel fuels measured over
25-20 the expected useful life of the equipment or facilities supplied.
25-21 (c)(1) Any state agency which operates a fleet of more than
25-22 15 motor vehicles, excluding law enforcement and emergency
25-23 vehicles, shall achieve the following percentages of vehicles
25-24 capable of using <compressed natural gas or other> alternative
25-25 fuels by the times specified:
26-1 (A) the percentage shall be equal to or greater
26-2 than 30 percent of the number of fleet vehicles operated by
26-3 September 1, 1994; and
26-4 (B) equal to or greater than 50 percent of the
26-5 number of fleet vehicles operated by September 1, 1996.
26-6 (2) The Texas <Air Control Board> Natural Resource
26-7 Conservation Commission must review this alternative fuel use
26-8 program by December 31, 1996, and, if the Texas <Air Control
26-9 Board> Natural Resource Conservation Commission determines that the
26-10 program has been effective in reducing total annual emissions from
26-11 motor vehicles in the area, state agencies operating fleets of more
26-12 than 15 motor vehicles shall achieve a percentage of fleet
26-13 vehicles capable of using <compressed natural gas or other>
26-14 alternative fuels equal to or greater than 90 percent of the number
26-15 of fleet vehicles operated by September 1, 1998, and thereafter.
26-16 (3) The commission shall support the Texas <Air
26-17 Control Board> Natural Resource Conservation Commission in
26-18 collecting reasonable information needed to determine the air
26-19 quality benefits from use of alternative fuels at affected
26-20 agencies.
26-21 (4) Each state agency in its annual financial report
26-22 to the legislature must show its progress in achieving these
26-23 percentage requirements by itemizing purchases, leases, and
26-24 conversions of motor vehicles and usage of <compressed natural gas
26-25 or other> alternative fuels.
27-1 (d) The commission, in the development of the <compressed
27-2 natural gas or other> alternative fuels use program, should work
27-3 with state agency fleet operators, vehicle manufacturers and
27-4 converters, fuel distributors, and others to delineate the vehicles
27-5 to be covered, taking into consideration range, specialty uses,
27-6 fuel availability, vehicle manufacturing and conversion capability,
27-7 safety, resale values, and other relevant factors. State agencies
27-8 may meet the percentage requirements of this section through
27-9 purchase of new vehicles or the conversion of existing vehicles, in
27-10 accordance with federal and state requirements and applicable
27-11 safety laws, to use the alternative fuels.
27-12 (e) The commission may reduce any percentage specified or
27-13 waive the requirements of Subsection (c) of this section for any
27-14 state agency upon receipt of certification supported by evidence
27-15 acceptable to the commission that:
27-16 (1) the agency's vehicles will be operating primarily
27-17 in an area in which neither the agency nor a supplier has or can
27-18 reasonably be expected to establish a central refueling station for
27-19 <compressed natural gas or other> alternative fuels; or
27-20 (2) the agency is unable to acquire or be provided
27-21 equipment or refueling facilities necessary to operate vehicles
27-22 using <compressed natural gas or other> alternative fuels at a
27-23 projected cost that is reasonably expected to result in no greater
27-24 net costs than the continued use of <traditional> conventional
27-25 gasoline or diesel fuels measured over the expected useful life of
28-1 the equipment or facilities supplied.
28-2 (f) The commission in purchasing, leasing, maintaining, or
28-3 converting vehicles for <compressed natural gas or other>
28-4 alternative fuels use shall comply with all applicable safety
28-5 standards promulgated by the United States Department of
28-6 Transportation and the Railroad Commission of Texas or their
28-7 successor agencies.
28-8 (g) In this section, a vehicle is considered to be capable
28-9 of using <compressed natural gas or other> an alternative fuel<s>
28-10 if the vehicle is capable of using <compressed natural gas or
28-11 other> an alternative fuel<s> either in its original equipment
28-12 engine or in an engine that has been converted to use <compressed
28-13 natural gas or other> an alternative fuel<s> after September 1,
28-14 1991, unless the time for compliance is extended pursuant to
28-15 Subsection (h) of this section.
28-16 (h) The commission may extend the date by which a vehicle
28-17 powered by a <traditional> conventional gasoline or diesel engine
28-18 shall be capable of using <compressed natural gas or other> an
28-19 alternative fuel<s> as required under this section for one or more
28-20 periods of 90 days, but not beyond September 1, 1992, if it finds a
28-21 lack of ability to acquire such vehicles with original alternative
28-22 fuels equipment, to acquire such vehicles which are able to be
28-23 converted, or to convert such vehicles to use <compressed natural
28-24 gas or other> alternative fuels.
28-25 SECTION 16: This Act takes effect September 1, 1995.
29-1 SECTION 17: The importance of this legislation and the
29-2 crowded conditions of the calendars in both houses create an
29-3 emergency and imperative public necessity that the constitutional
29-4 rule requiring bills to be read on three several days in each house
29-5 be suspended, and this rule is hereby suspended.