S.B. No. 200
AN ACT
1-1 relating to the alternative fuels program.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 382.131, Health and Safety Code, is
1-4 amended to read as follows:
1-5 Sec. 382.131. DEFINITIONS. In this subchapter:
1-6 (1) "Alternative fuel" means any fuel or power source
1-7 that, when used in a clean-fuel vehicle, allows the vehicle to
1-8 comply with the standards and requirements of Part C, Subchapter
1-9 II, of the federal Clean Air Act, as amended (42 U.S.C. Section
1-10 7581 et seq.) and emission limits at least as stringent as the
1-11 applicable low-emission vehicle standards for the clean-fuel fleet
1-12 program under 40 C.F.R. Sections 88.104-94 and 88.105-94 as
1-13 published in the September 30, 1994, Federal Register.
1-14 (2) "Capable of being centrally fueled" means a fleet
1-15 or that part of a fleet consisting of vehicles that could be
1-16 refueled 100 percent of the time at a location that is owned,
1-17 operated, or controlled by the fleet operator or that is under
1-18 contract with the fleet operator. The fact that one or more
1-19 vehicles in a fleet are not centrally fueled does not exempt an
1-20 entire fleet from the program.
1-21 (3) "Centrally fueled" means a fleet or that part of a
1-22 fleet consisting of vehicles that are refueled 100 percent of the
1-23 time at a location that is owned, operated, or controlled by the
2-1 fleet operator or that is under contract with the fleet operator.
2-2 The fact that one or more vehicles in a fleet are not centrally
2-3 fueled does not exempt an entire fleet from the program. The term
2-4 does not include retail credit card purchases or commercial fleet
2-5 service card purchases.
2-6 (4) "Clean-fuel vehicle" means a vehicle in a class or
2-7 category of vehicles that has been certified to meet for any model
2-8 year:
2-9 (A) the clean-fuel vehicle standards applicable
2-10 under Part C, Subchapter II, of the federal Clean Air Act, as
2-11 amended (42 U.S.C. Section 7581 et seq.); and
2-12 (B) emission limits at least as stringent as the
2-13 applicable low-emission vehicle standards for the clean-fuel fleet
2-14 program under 40 C.F.R. Sections 88.104-94 and 88.105-94 as
2-15 published in the September 30, 1994, Federal Register.
2-16 (5) "Conventional gasoline" means any gasoline that
2-17 does not meet specifications set by a certification under Section
2-18 211(k) of the federal Clean Air Act, as amended (42 U.S.C. Section
2-19 7545(k)).
2-20 (6) "Emissions" means emissions of oxides of nitrogen,
2-21 volatile organic compounds, carbon monoxide, particulates, or any
2-22 combination of those substances.
2-23 (7) <(2)> "Fleet vehicle" means a vehicle required to
2-24 be registered under Chapter 88, General Laws, Acts of the 41st
2-25 Legislature, 2nd Called Session, 1929 (Article 6675a-2, Vernon's
3-1 Texas Civil Statutes), and that is centrally fueled, capable of
3-2 being centrally fueled, or fueled at facilities serving both
3-3 business customers and the general public. The term does not
3-4 include:
3-5 (A) a fleet vehicle that, when not in use, is
3-6 normally parked at the residence of the individual who usually
3-7 operates it and that is available to such individual for personal
3-8 use;
3-9 (B) a fleet vehicle that, when not in use, is
3-10 normally parked at the residence of the individual who usually
3-11 operates it and who does not report to a central location; or
3-12 (C) a fleet vehicle that has a gross vehicle
3-13 weight rating of greater than 26,000 pounds except vehicles owned
3-14 or operated by the state or mass transit authorities.
3-15 (8) <(3)> "Mass transit authority" means a
3-16 transportation or transit authority or department established under
3-17 Chapter 141, Acts of the 63rd Legislature, Regular Session, 1973
3-18 (Article 1118x, Vernon's Texas Civil Statutes), Chapter 683, Acts
3-19 of the 66th Legislature, Regular Session, 1979 (Article 1118y,
3-20 Vernon's Texas Civil Statutes), or Article 1118z, Revised Statutes,
3-21 that operates a mass transit system under any of those laws.
3-22 (9) "Reformulated gasoline" means gasoline that has
3-23 been certified as a reformulated gasoline under the federal
3-24 certification regulations adopted in accordance with Section 211(k)
3-25 of the federal Clean Air Act, as amended (42 U.S.C. Section
4-1 7545(k)).
4-2 SECTION 2. Section 382.133, Health and Safety Code, is
4-3 amended to read as follows:
4-4 Sec. 382.133. Mass Transit Fleet Vehicles. (a) The board
4-5 by rule shall require a mass transit authority to ensure that its
4-6 vehicles can operate on <compressed natural gas or other>
4-7 alternative fuels <that result in comparably lower emissions>.
4-8 (b) Rules adopted under this section must require a mass
4-9 transit authority to have its fleet vehicles able to operate on an
4-10 <compressed natural gas or other> alternative fuel according to the
4-11 following schedule:
4-12 (1) not later than September 1, 1994, at least 30
4-13 percent of the vehicles; and
4-14 (2) not later than September 1, 1996, at least 50
4-15 percent of the vehicles.
4-16 (c) Contingent on the board's review, not later than
4-17 December 31, 1996, of the alternative fuels program established by
4-18 this section and the board's determination that the program is
4-19 reducing emissions, is projected to be effective in improving
4-20 overall air quality, and is necessary to the attainment of federal
4-21 ambient air quality standards in the affected areas, the rules must
4-22 require a mass transit authority, not later than September 1, 1998,
4-23 to have at least 90 percent of its fleet vehicles able to operate
4-24 on an <compressed natural gas or other> alternative fuel.
4-25 SECTION 3. Section 382.134, Health and Safety Code, is
5-1 amended to read as follows:
5-2 Sec. 382.134. Local Government and Private Fleet Vehicles.
5-3 (a) This section applies only to:
5-4 (1) a local government that operates primarily in an
5-5 affected area a fleet of more than 15 vehicles, excluding law
5-6 enforcement and emergency vehicles; and
5-7 (2) a private person that operates primarily in an
5-8 affected area a fleet of more than 25 fleet vehicles, excluding
5-9 emergency vehicles.
5-10 (b) The <If the board determines under Section 382.133 that
5-11 the alternative fuels program is reducing emissions, is projected
5-12 to be effective in improving overall air quality, and is necessary
5-13 to comply with federal ambient air quality standards for ozone,
5-14 carbon monoxide, oxides of nitrogen, or particulates in the
5-15 affected areas, the> board by rule shall require a local government
5-16 or a private person to ensure that its fleet vehicles can operate
5-17 on an <compressed natural gas or other> alternative fuel <fuels
5-18 that reduce total annual emissions from motor vehicles in the
5-19 area>.
5-20 (c) Rules adopted by the board <under this section> must
5-21 require a local government or private person to have a proportion
5-22 of the person's newly purchased <its> fleet vehicles and a
5-23 proportion of the fleet vehicles in the person's total fleet able
5-24 to operate on an <compressed natural gas or other> alternative fuel
5-25 according to the following schedule:
6-1 (1) 30 percent of fleet vehicles purchased after <not
6-2 later than> September 1, 1998, or at least 10 percent of the fleet
6-3 vehicles in the total fleet as of September 1, 1998 <30 percent of
6-4 the vehicles>;
6-5 (2) 50 percent of fleet vehicles purchased after <not
6-6 later than> September 1, 2000, and at least 20 percent of the fleet
6-7 vehicles in the total fleet as of September 1, 2000 <50 percent of
6-8 the vehicles>; and
6-9 (3) 90 percent of fleet vehicles purchased after <not
6-10 later than> September 1, 2002, and at least 45 percent of the fleet
6-11 vehicles in the total fleet as of September 1, 2002 <90 percent of
6-12 the vehicles>.
6-13 (d) Rules adopted by the board may not require a local
6-14 government or private person to purchase a fleet vehicle able to
6-15 operate on an alternative fuel if the person maintains a proportion
6-16 of 90 percent or more alternative fuel vehicles in the person's
6-17 fleet.
6-18 (e) The choice of clean-fuel vehicles and alternative fuels
6-19 is in the fleet operator's discretion.
6-20 SECTION 4. Section 382.135, Health and Safety Code, is
6-21 amended to read as follows:
6-22 Sec. 382.135. DUAL FUEL CONVERSION. (a) The percentage
6-23 requirements of Section <Sections> 382.133 <and 382.134> may be met
6-24 by the dual fuel conversion or capability of conventional
6-25 gasoline-powered or diesel-powered vehicles to operate also on an
7-1 <compressed natural gas or other> alternative fuel <fuels that
7-2 result in comparably lower emissions>.
7-3 (b) The percentage requirements of Section 382.134 may be
7-4 met by the dual fuel conversion or capability of conventional
7-5 gasoline-powered or diesel-powered vehicles to operate also on an
7-6 alternative fuel.
7-7 SECTION 5. Subsection (a), Section 382.136, Health and
7-8 Safety Code, is amended to read as follows:
7-9 (a) The board may make exceptions to rules adopted under
7-10 Sections 382.133 and 382.134 if:
7-11 (1) a firm engaged in fixed price contracts with
7-12 public works agencies can demonstrate that compliance with the
7-13 requirements of those sections would result in substantial economic
7-14 harm to the firm under a contract entered into before September 1,
7-15 1997;
7-16 (2) the board determines that the affected vehicles
7-17 will be operating primarily in an area that does not have or cannot
7-18 reasonably be expected to establish adequate <a central> refueling
7-19 <station> for the <alternative> fuels required under Sections
7-20 382.133 and 382.134; <or>
7-21 (3) the affected entity is unable to secure financing
7-22 provided by or arranged through the proposed supplier or suppliers
7-23 of the <compressed natural gas or other alternative> fuels required
7-24 under Sections 382.133 and 382.134 sufficient to cover the
7-25 additional costs of such <alternative> fueling; or
8-1 (4) the projected net costs attributable to fueling
8-2 for conversion or replacement and operation of conventionally
8-3 fueled vehicles or engines with those capable of operating on the
8-4 fuels required under Sections 382.133 and 382.134 reasonably is
8-5 expected not to exceed comparable costs for vehicles operating on
8-6 reformulated gasoline and diesel measured over the expected useful
8-7 life of such vehicles or engines and after including in such cost
8-8 calculations any available state or federal funding or incentives
8-9 for the use of the fuels required under Sections 382.133 and
8-10 382.134.
8-11 SECTION 6. Subsections (a) and (b), Section 382.138, Health
8-12 and Safety Code, are amended to read as follows:
8-13 (a) In conjunction with the development of state
8-14 implementation plans for achieving and maintaining compliance with
8-15 federal ambient air quality standards under the federal Clean Air
8-16 Act (42 U.S.C. Section 7401 et seq.), the board shall evaluate and
8-17 determine, for areas required by federal law to have state
8-18 implementation plans, the effectiveness of and need for the use of
8-19 <compressed natural gas and other> alternative fuels in vehicles.
8-20 (b) The evaluation and determination must include:
8-21 (1) the uses of <compressed natural gas or other>
8-22 alternative fuels required by Section <Sections 382.133 and>
8-23 382.134; and
8-24 (2) additional or different uses of <compressed
8-25 natural gas or other> alternative fuels.
9-1 SECTION 7. Section 382.139, Health and Safety Code, is
9-2 amended to read as follows:
9-3 Sec. 382.139. Additional Alternative Fuels Use. (a) If,
9-4 after considering the factors listed in Section 382.138, the board
9-5 determines that the use of <compressed natural gas or other>
9-6 alternative fuels for certain categories of motor vehicles is
9-7 effective and necessary for achieving or <and> maintaining
9-8 compliance with federal ambient air quality standards, the board by
9-9 rule shall require those uses in addition to uses required
9-10 elsewhere in this subchapter.
9-11 (b) If, after considering the factors listed in Section
9-12 382.138, the board determines that the additional uses are
9-13 appropriate, the board may establish and implement programs
9-14 encouraging the use of <compressed natural gas or other>
9-15 alternative fuels for certain categories of vehicles.
9-16 SECTION 8. Subsection (a), Section 382.140, Health and
9-17 Safety Code, is amended to read as follows:
9-18 (a) In connection with the evaluations and determinations
9-19 required under Section 382.138 and encouraging the use of <natural
9-20 gas or other> alternative fuels, the board may conduct or have
9-21 conducted appropriate studies or pilot programs.
9-22 SECTION 9. Section 382.141, Health and Safety Code, is
9-23 amended to read as follows:
9-24 Sec. 382.141. Report Required. The board shall report
9-25 biennially its evaluations and determinations on the use of
10-1 <compressed natural gas or other> alternative fuels and recommend
10-2 legislative changes necessary to implement an effective and
10-3 feasible program for the use of <compressed natural gas and other>
10-4 alternative fuels. The report shall be submitted to the governor
10-5 and the legislature not later than the 30th day before the
10-6 commencement of each regular legislative session.
10-7 SECTION 10. Subchapter F, Chapter 382, Health and Safety
10-8 Code, is amended by adding Sections 382.142 and 382.143 to read as
10-9 follows:
10-10 Sec. 382.142. PROGRAM COMPLIANCE CREDITS. (a) The
10-11 percentage requirements of Sections 382.133 and 382.134 may be met,
10-12 in whole or in part, through the purchase, lease, or other
10-13 acquisition of the required percentages of clean-fuel vehicles or
10-14 through the acquisition or use of program compliance credits.
10-15 (b)(1) Rules adopted under this section shall provide for
10-16 the issuance of appropriate program compliance credits to a vehicle
10-17 owner or operator for any of the following or any combination
10-18 thereof:
10-19 (A) the acquisition of a clean-fuel vehicle
10-20 which meets more stringent emissions control standards than those
10-21 otherwise required under this Act;
10-22 (B) the acquisition of clean-fuel vehicles in
10-23 greater numbers than otherwise required under Sections 382.133 and
10-24 382.134;
10-25 (C) the purchase of a clean-fuel vehicle in a
11-1 category not otherwise required by this subchapter; and
11-2 (D) the purchase, lease, or acquisition of a
11-3 clean-fuel vehicle prior to the dates otherwise required under
11-4 Sections 382.133 and 382.134.
11-5 (2) Program compliance credits shall be awarded based
11-6 upon the emissions certification level of the vehicle generating
11-7 the credit. Vehicles which provide greater emissions reductions
11-8 levels will be entitled to a greater number of credits as follows:
11-9 (A) LEVs - one credit;
11-10 (B) ULEVs - two credits; and
11-11 (C) ILEVs and ZEVs - three credits.
11-12 (3) Program compliance credits issued for the
11-13 purchase, lease, or other acquisition of a vehicle pursuant to this
11-14 section may be used to demonstrate compliance with the percentage
11-15 requirements of Sections 382.133 and 382.134, they may be banked
11-16 for later use, or they may be traded, sold, or purchased, for use
11-17 by any other person in the same nonattainment area, to demonstrate
11-18 compliance with the percentage requirements of Sections 382.133 and
11-19 382.134.
11-20 (4) Vehicles converted, purchased, leased, or
11-21 otherwise acquired prior to September 1, 1998, may be counted
11-22 toward compliance with the applicable fleet percentage requirements
11-23 of Section 382.134 if the vehicles:
11-24 (A) are capable of operating on an alternative
11-25 fuel;
12-1 (B) meet at a minimum the Tier I emissions
12-2 standards pursuant to Section 202 of the federal Clean Air Act, as
12-3 amended (42 U.S.C. Section 7521); and
12-4 (C) do not exceed 30 percent of the
12-5 owner/operator's fleet on September 1, 1998.
12-6 (5) This section shall also apply to all vehicles
12-7 purchased, leased, or otherwise acquired pursuant to:
12-8 (A) Section 21.174(c)(1), Education Code;
12-9 (B) Section 14(c)(1), Chapter 141, Acts of the
12-10 63rd Legislature, Regular Session, 1973 (Article 1118x, Vernon's
12-11 Texas Civil Statutes), as added by Section 8, Chapter 1189, Acts of
12-12 the 71st Legislature, Regular Session, 1989, and amended by Section
12-13 13, Chapter 503, Acts of the 72nd Legislature, Regular Session,
12-14 1991;
12-15 (C) Section 20(e)(1), Chapter 683, Acts of the
12-16 66th Legislature, 1979 (Article 1118y, Vernon's Texas Civil
12-17 Statutes);
12-18 (D) Section 6(k)(1), Article 1118z, Revised
12-19 Statutes; and
12-20 (E) Section 3.29(a), State Purchasing and
12-21 General Services Act (Article 601b, Vernon's Texas Civil Statutes).
12-22 Sec. 382.143. TEXAS MOBILE EMISSIONS REDUCTION CREDIT
12-23 PROGRAM. (a) The board by rule shall establish a Texas Mobile
12-24 Emissions Reduction Credit (MERC) Program.
12-25 (b) Rules adopted under this section shall comply with the
13-1 United States Environmental Protection Agency's minimum
13-2 requirements for an approvable Mobile Emissions Reduction Credit
13-3 program and shall also provide for the following program elements:
13-4 (1) program participation shall be as follows:
13-5 (A) entry into the program is voluntary; and
13-6 (B) both fleet owners or operators subject to
13-7 the percentage requirements of Sections 382.133 and 382.134 and
13-8 vehicle owners or operators who are not subject to those percentage
13-9 requirements may generate mobile emissions reduction credits under
13-10 this program, although the board may require a certain minimum
13-11 number of vehicles to participate;
13-12 (2) mobile emissions reduction credits shall be
13-13 calculated on a per-pollutant basis and shall be granted to a
13-14 participating vehicle owner or operator for any of the following:
13-15 (A) acquisition of more or cleaner vehicles than
13-16 otherwise required by law; or
13-17 (B) entering into a binding contract with the
13-18 board to purchase or acquire at some future date more or cleaner
13-19 vehicles than otherwise required by law;
13-20 (3) mobile emissions reduction credit values shall be
13-21 determined in accordance with United States Environmental
13-22 Protection Agency rules and guidance;
13-23 (4) mobile emissions reduction credits may be used as
13-24 follows:
13-25 (A) to demonstrate compliance with any
14-1 applicable mobile source emissions reductions requirements; and
14-2 (B) to satisfy Reasonably Available Control
14-3 Technology and Clean Air Act offset requirements, subject to the
14-4 appropriate trading ratios; and
14-5 (5) all mobile emissions reduction credits generated
14-6 in accordance with this section may, within the same nonattainment
14-7 area, be sold, traded, or banked for later use without discount or
14-8 depreciation of such credits.
14-9 (c)(1) Texas Mobile Emissions Reduction Credit Fund is
14-10 created and is to be administered by the board.
14-11 (2) Mobile emissions reduction credits shall be
14-12 assigned from the Texas Mobile Emissions Reduction Credit Fund to
14-13 vehicle owners or operators qualified under this section to
14-14 generate and receive mobile emissions reduction credits if the
14-15 following conditions are met:
14-16 (A) the vehicle owner or operator enters into a
14-17 binding contract with the board, agreeing to purchase and place in
14-18 service in designated program areas clean-fuel vehicles in
14-19 accordance with the number of credits issued and the time frame
14-20 specified by the board; and
14-21 (B) the vehicle owner or operator agrees to name
14-22 the United States Environmental Protection Agency as a third-party
14-23 beneficiary of its contract with the board.
14-24 (3) Contracts entered into under this section may be
14-25 enforced in the courts of the State of Texas by an order of
15-1 specific performance.
15-2 (d) The acquisition of qualifying clean-fuel vehicles may
15-3 qualify both for mobile emissions reduction credits under this
15-4 section and for program compliance credits under Section 382.142.
15-5 (e) The following shall be considered violations of the
15-6 Texas Mobile Emissions Reduction Credit Program:
15-7 (1) claiming a mobile emissions reduction credit
15-8 without meeting the appropriate acquisition requirements and
15-9 submitting any other data required by board rules; or
15-10 (2) counterfeiting or dealing commercially in
15-11 counterfeit mobile emissions reduction credit certificates.
15-12 (f) Any person found by the board to be in violation under
15-13 Subsection (e) shall be subject to a civil penalty of not more than
15-14 $25,000 per violation.
15-15 (g) The credit trading program established by this section
15-16 shall be administered as follows:
15-17 (1) Mobile emissions reduction credits must be banked
15-18 in accordance with the then existing board rules.
15-19 (2) MERCs may be generated on a per-pollutant basis in
15-20 the following ways:
15-21 (A) after September 1, 1994, the use,
15-22 conversion, purchase, or acquisition of more clean-fuel vehicles
15-23 than required by the fleet percentage requirements of Sections
15-24 382.133 and 382.134, according to the following formula:
15-25 (additional emissions benefit x VMT x CF)
16-1 where:
16-2 (i) additional emissions benefit is the
16-3 in-use emissions difference between the emission certification
16-4 standard of the conventionally fueled baseline vehicle and the LEV
16-5 emission standards. For evaporative emissions, benefit will be
16-6 derived from the most recently EPA approved mobile emissions
16-7 estimation model;
16-8 (ii) VMT is the total remaining vehicle
16-9 miles to be traveled;
16-10 (iii) CF is the conversion factor for
16-11 heavy-duty vehicles which is: brake specific fuel consumption x
16-12 fuel economy x fuel density;
16-13 (iv) n is the estimated fleet life of the
16-14 vehicle measured in years;
16-15 (B) the purchase or acquisition of vehicles
16-16 which meet emission standards more stringent than the LEV emission
16-17 standards, according to the following formula:
16-18 (cleaner vehicle benefit x VMT x CF)
16-19 where cleaner vehicle benefit is the in-use emissions rate
16-20 difference between the LEV emission standards and the standard to
16-21 which the vehicle is actually certified;
16-22 (C) the purchase or acquisition of a vehicle
16-23 with certified levels of evaporative emissions less than five grams
16-24 per test, according to the following formula:
16-25 (vapor improvement x VMT)
17-1 where vapor improvement is the in-use emissions rate difference
17-2 between conventional and low vapor emission vehicles calculated
17-3 using the most recently approved EPA mobile emissions model.
17-4 (3) The vehicle owners or operators applying for a
17-5 MERC shall submit a registration application to the board using an
17-6 approved MERC registration form. The application must clearly
17-7 state the following information for each vehicle generating credit:
17-8 (A) the emissions standard of the vehicle as
17-9 certified pursuant to this Act;
17-10 (B) the number of remaining vehicle miles to be
17-11 traveled;
17-12 (C) the number of years the vehicle will be used
17-13 as a fleet vehicle; and
17-14 (D) the results from the MERC calculation used
17-15 to estimate the credit value in grams per year.
17-16 (4) The MERC registration must include information
17-17 sufficient to calculate the MERC's value under Subdivision (g)(2)
17-18 of this section.
17-19 (5) The board will evaluate the claimed credits and
17-20 may adjust the value of the MERCs based on the evaluation.
17-21 (6) MERC registration applications must be received at
17-22 least 90 days prior to using the MERC.
17-23 (7) The board will have 30 days from the date of
17-24 receipt to determine if the MERC registration application is
17-25 complete.
18-1 (8) The board will have 90 days from date of receipt
18-2 of the completed application to approve or deny the MERC
18-3 registration.
18-4 (9) The board may revoke approval of a MERC
18-5 registration under this section at any time on determining that the
18-6 requirements of this section are not being met.
18-7 (h) This section also applies to all vehicles purchased,
18-8 leased, or otherwise acquired pursuant to:
18-9 (A) Section 21.174(c)(1), Education Code;
18-10 (B) Section 14(c)(1), Chapter 141, Acts of the
18-11 63rd Legislature, Regular Session, 1973 (Article 1118x, Vernon's
18-12 Texas Civil Statutes), as added by Section 8, Chapter 1189, Acts of
18-13 the 71st Legislature, Regular Session, 1989, and amended by Section
18-14 13, Chapter 503, Acts of the 72nd Legislature, Regular Session,
18-15 1991;
18-16 (C) Section 20(e)(1), Chapter 683, Acts of the
18-17 66th Legislature, 1979 (Article 1118y, Vernon's Texas Civil
18-18 Statutes);
18-19 (D) Section 6(k)(1), Article 1118z, Revised
18-20 Statutes; and
18-21 (E) Section 3.29(a), State Purchasing and
18-22 General Services Act (Article 601b, Vernon's Texas Civil Statutes).
18-23 SECTION 11. Subsection (c), Section 14, Chapter 141, Acts of
18-24 the 63rd Legislature, Regular Session, 1973 (Article 1118x,
18-25 Vernon's Texas Civil Statutes), as added by Section 8, Chapter
19-1 1189, Acts of the 71st Legislature, Regular Session, 1989, and
19-2 amended by Section 13, Chapter 503, Acts of the 72nd Legislature,
19-3 Regular Session, 1991, is amended to read as follows:
19-4 (c)(1) The board may not purchase or lease after
19-5 September 1, 1991, any motor vehicle unless that vehicle is capable
19-6 of using an <compressed natural gas or other> alternative fuel
19-7 <fuels which result in comparably lower emissions of oxides of
19-8 nitrogen, volatile organic compounds, carbon monoxide, or
19-9 particulates or any combination thereof>.
19-10 (2) The authority may acquire or be provided equipment
19-11 or refueling facilities necessary to operate such vehicles using
19-12 <compressed natural gas or other> alternative fuel <fuels>:
19-13 (A) by purchase or lease as authorized by law;
19-14 (B) by gift or loan of the equipment or
19-15 facilities; or
19-16 (C) by gift or loan of the equipment or
19-17 facilities or other arrangement pursuant to a service contract for
19-18 the supply of <compressed natural gas or other> alternative fuel
19-19 <fuels>.
19-20 (3) If such equipment or facilities are donated,
19-21 loaned, or provided through other arrangement with the supplier of
19-22 <compressed natural gas or other> alternative fuel <fuels>, the
19-23 supplier shall be entitled to recoup its actual cost of donating,
19-24 loaning, or providing the equipment or facilities through its fuel
19-25 charges under the supply contract.
20-1 (4) The board or, in an authority covered by
20-2 Subsection (h) of this section, the Texas Natural Resource
20-3 Conservation Commission <Air Control Board>, may make exceptions to
20-4 the requirements of this subsection if the board certifies that:
20-5 (A) the authority's vehicles will be operating
20-6 primarily in an area in which neither the authority nor a supplier
20-7 has or can reasonably be expected to establish a central refueling
20-8 station for <compressed natural gas or other> alternative fuels; or
20-9 (B) the authority is unable to acquire or be
20-10 provided equipment or refueling facilities necessary to operate
20-11 vehicles using <compressed natural gas or other> alternative fuels
20-12 at a projected cost that is reasonably expected to result in no
20-13 greater net costs than the continued use of conventional
20-14 <traditional> gasoline or diesel fuels, measured over the expected
20-15 useful life of the equipment or facilities supplied.
20-16 SECTION 12. Section 14, Chapter 141, Acts of the 63rd
20-17 Legislature, Regular Session, 1973 (Article 1118x, Vernon's Texas
20-18 Civil Statutes), is amended by amending Subsections (d), (e), (g),
20-19 and (h) and by adding Subsection (i) to read as follows:
20-20 (d)(1) The board shall achieve the following percentages of
20-21 vehicles capable of using <compressed natural gas or other>
20-22 alternative fuels by the times specified:
20-23 (A) the percentage shall be equal to or greater
20-24 than 30 percent of the number of fleet vehicles operated in 1994;
20-25 and
21-1 (B) equal to or greater than 50 percent of the
21-2 number of fleet vehicles operated by September 1, 1996.
21-3 (2) The Texas Natural Resource Conservation Commission
21-4 <Air Control Board> must review this alternative fuel use program
21-5 by December 31, 1996, and, if the Texas Natural Resource
21-6 Conservation Commission <Air Control Board> determines that the
21-7 program has been effective in reducing total annual emissions from
21-8 motor vehicles in the area, the board shall achieve a percentage of
21-9 fleet vehicles capable of using <compressed natural gas or other>
21-10 alternative fuels equal to or greater than 90 percent of the number
21-11 of fleet vehicles operated by September 1, 1998, and thereafter.
21-12 (3) The board must submit to the Texas Natural
21-13 Resource Conservation Commission <Air Control Board> an annual
21-14 report by December 31 of each year showing purchases, leases, and
21-15 conversions of motor vehicles and usage of <compressed natural gas
21-16 or other> alternative fuels and any other relevant information the
21-17 Texas Natural Resource Conservation Commission <Air Control Board>
21-18 may require.
21-19 (e) The board in the development of the <compressed natural
21-20 gas or other> alternative fuel use program should work with vehicle
21-21 manufacturers and converters, fuel distributors, and others to
21-22 delineate the vehicles to be covered, taking into consideration
21-23 range, specialty uses, fuel availability, vehicle manufacturing and
21-24 conversion capability, safety, resale values, and other relevant
21-25 factors. The board may meet the percentage requirements of this
22-1 section through purchase of new vehicles or the conversion of
22-2 existing vehicles, in accordance with federal and state
22-3 requirements and applicable safety laws, to use <such> alternative
22-4 fuels.
22-5 (g) The Texas Natural Resource Conservation Commission <Air
22-6 Control Board> may require reasonable reporting from any board to
22-7 document the air quality benefits from alternative fuel use
22-8 programs.
22-9 (h)(1) This subsection applies only to an authority
22-10 confirmed at a tax election before July 1, 1985, and in which the
22-11 principal city has a population of less than 750,000, according to
22-12 the most recent federal census.
22-13 (2) The Texas Natural Resource Conservation Commission
22-14 <Air Control Board> may reduce any percentage specified by, or
22-15 waive the requirements of, Subsection (d) of this section for an
22-16 authority on receipt of certification supported by evidence
22-17 acceptable to the Texas Natural Resource Conservation Commission
22-18 <Air Control Board> that:
22-19 (A) the authority's vehicles will be operating
22-20 primarily in an area in which neither the authority nor a supplier
22-21 has or can reasonably be expected to establish a central refueling
22-22 station for <compressed natural gas or other> alternative fuels; or
22-23 (B) the authority is unable to acquire or be
22-24 provided equipment or refueling facilities necessary to operate
22-25 vehicles using <compressed natural gas or other> alternative fuels
23-1 at a projected cost that is reasonably expected to result in no
23-2 greater net costs than the continued use of conventional
23-3 <traditional> gasoline or diesel fuels, measured over the expected
23-4 useful life of the equipment or facilities supplied.
23-5 (3) The Texas Natural Resource Conservation Commission
23-6 <Air Control Board> shall develop rules for the certification
23-7 process, including provisions requiring the authority to hold a
23-8 public meeting and develop an alternative implementation schedule
23-9 for meeting the percentages provided by Subsection (d) of this
23-10 section before applying to the Texas Natural Resource Conservation
23-11 Commission <Air Control Board> for a reduction or waiver of those
23-12 requirements.
23-13 (i) In this section, "alternative fuel" and "conventional
23-14 gasoline" have the meanings assigned by Section 382.131, Health and
23-15 Safety Code.
23-16 SECTION 13. Section 20, Chapter 683, Acts of the 66th
23-17 Legislature, 1979 (Article 1118y, Vernon's Texas Civil Statutes),
23-18 is amended by amending Subsections (e), (f), (g), and (h) and by
23-19 adding Subsection (k) to read as follows:
23-20 (e)(1) An authority may not purchase or lease after
23-21 September 1, 1991, any motor vehicle unless that vehicle is capable
23-22 of using an <compressed natural gas or other> alternative fuel
23-23 <fuels which result in comparably lower emissions of oxides of
23-24 nitrogen, volatile organic compounds, carbon monoxide, or
23-25 particulates or any combination thereof>.
24-1 (2) An authority may acquire or be provided equipment
24-2 or refueling facilities necessary to operate <such> vehicles using
24-3 an <compressed natural gas or other> alternative fuel <fuels>:
24-4 (A) by purchase or lease as authorized by law;
24-5 (B) by gift or loan of the equipment or
24-6 facilities; or
24-7 (C) by gift or loan of the equipment or
24-8 facilities or other arrangement pursuant to a service contract for
24-9 the supply of <compressed natural gas or other> alternative fuels.
24-10 (3) If such equipment or facilities are donated,
24-11 loaned, or provided through other arrangement with the supplier of
24-12 <compressed natural gas or other> alternative fuels, the supplier
24-13 shall be entitled to recoup its actual cost of donating, loaning,
24-14 or providing the equipment or facilities through its fuel charges
24-15 under the supply contract.
24-16 (4) An authority may make exceptions to the
24-17 requirements of this subsection if the authority certifies that:
24-18 (A) the authority's vehicles will be operating
24-19 primarily in an area in which neither the authority nor a supplier
24-20 has or can reasonably be expected to establish a central refueling
24-21 station for <compressed natural gas or other> alternative fuels; or
24-22 (B) the authority is unable to acquire or be
24-23 provided equipment or refueling facilities necessary to operate
24-24 vehicles using <compressed natural gas or other> alternative fuels
24-25 at a projected cost that is reasonably expected to result in no
25-1 greater net costs than the continued use of conventional
25-2 <traditional> gasoline or diesel fuels, measured over the expected
25-3 useful life of the equipment or facilities supplied.
25-4 (f)(1) An authority shall achieve the following percentages
25-5 of vehicles capable of using <compressed natural gas or other>
25-6 alternative fuels by the times specified:
25-7 (A) the percentage shall be equal to or greater
25-8 than 30 percent of the number of fleet vehicles operated by
25-9 September 1, 1994; and
25-10 (B) equal to or greater than 50 percent of the
25-11 number of fleet vehicles operated by September 1, 1996.
25-12 (2) The Texas Natural Resource Conservation Commission
25-13 <Air Control Board> must review this alternative fuel use program
25-14 by December 31, 1996, and, if the Texas Natural Resource
25-15 Conservation Commission <Air Control Board> determines that the
25-16 program has been effective in reducing total annual emissions from
25-17 motor vehicles in the area, the authority shall achieve a
25-18 percentage of fleet vehicles capable of using <compressed natural
25-19 gas or other> alternative fuels equal to or greater than 90 percent
25-20 of the number of fleet vehicles operated by September 1, 1998, and
25-21 thereafter.
25-22 (3) The authority must submit to the Texas Natural
25-23 Resource Conservation Commission <Air Control Board> an annual
25-24 report by December 31 of each year showing purchases, leases, and
25-25 conversions of motor vehicles and usage of <compressed natural gas
26-1 or other> alternative fuels and any other relevant information the
26-2 Texas Natural Resource Conservation Commission <Air Control Board>
26-3 may require.
26-4 (g) An authority in the development of the <compressed
26-5 natural gas or other> alternative fuel use program should work with
26-6 vehicle manufacturers and converters, fuel distributors, and others
26-7 to delineate the vehicles to be covered, taking into consideration
26-8 range, specialty uses, fuel availability, vehicle manufacturing and
26-9 conversion capability, safety, resale values, and other relevant
26-10 factors. The authority may meet the percentage requirements of
26-11 this section through the purchase of new vehicles or the conversion
26-12 of existing vehicles, in accordance with federal and state
26-13 requirements and applicable safety laws, to use the alternative
26-14 fuels.
26-15 (h) The authority in purchasing, leasing, maintaining, or
26-16 converting vehicles for <compressed natural gas or other>
26-17 alternative fuel <fuels> use shall comply with all applicable
26-18 safety standards promulgated by the United States Department of
26-19 Transportation and the Railroad Commission of Texas or their
26-20 successor agencies.
26-21 (k) In this section, "alternative fuel" and "conventional
26-22 gasoline" have the meanings assigned by Section 382.131, Health and
26-23 Safety Code.
26-24 SECTION 14. Section 6, Article 1118z, Revised Statutes, is
26-25 amended by amending Subsections (k), (l), and (m) and by adding
27-1 Subsection (p) to read as follows:
27-2 (k)(1) The department may not purchase or lease after
27-3 September 1, 1991, any motor vehicle unless that vehicle is capable
27-4 of using an <compressed natural gas or other> alternative fuel
27-5 <which results in comparably lower emissions of oxides of nitrogen,
27-6 volatile organic compounds, carbon monoxide, or particulates or any
27-7 combination thereof>.
27-8 (2) The department may acquire or be provided
27-9 equipment or refueling facilities necessary to operate <such>
27-10 vehicles using an <compressed natural gas or other> alternative
27-11 fuel <fuels>:
27-12 (A) by purchase or lease as authorized by law;
27-13 (B) by gift or loan of the equipment or
27-14 facilities; or
27-15 (C) by gift or loan of the equipment or
27-16 facilities or other arrangement pursuant to a service contract for
27-17 the supply of <compressed natural gas or other> alternative fuels.
27-18 (3) If such equipment or facilities are donated,
27-19 loaned, or provided through other arrangement with the supplier of
27-20 <compressed natural gas or other> alternative fuels, the supplier
27-21 shall be entitled to recoup its actual cost of donating, loaning,
27-22 or providing the equipment or facilities through its fuel charges
27-23 under the supply contract.
27-24 (4) A department may make exceptions to the
27-25 requirements of this subsection if the department certifies that:
28-1 (A) the department's vehicles will be operating
28-2 primarily in an area in which neither the department nor a supplier
28-3 has or can reasonably be expected to establish a central refueling
28-4 station for <compressed natural gas or other> alternative fuels; or
28-5 (B) the department is unable to acquire or be
28-6 provided equipment or refueling facilities necessary to operate
28-7 vehicles using <compressed natural gas or other> alternative fuels
28-8 at a projected cost that is reasonably expected to result in no
28-9 greater net costs than the continued use of conventional
28-10 <traditional> gasoline or diesel fuels, measured over the expected
28-11 useful life of the equipment or facilities supplied.
28-12 (l)(1) A department shall achieve the following percentages
28-13 of vehicles capable of using an <compressed natural gas or other>
28-14 alternative fuel <fuels> by the times specified:
28-15 (A) the percentage shall be equal to or greater
28-16 than 30 percent of the number of fleet vehicles operated by
28-17 September 1, 1994; and
28-18 (B) equal to or greater than 50 percent of the
28-19 number of fleet vehicles operated by September 1, 1996.
28-20 (2) The Texas Natural Resource Conservation Commission
28-21 <Air Control Board> must review this alternative fuel use program
28-22 by December 31, 1996, and, if the Texas Natural Resource
28-23 Conservation Commission <Air Control Board> determines that the
28-24 program has been effective in reducing total annual emissions from
28-25 motor vehicles in the area, departments shall achieve a percentage
29-1 of fleet vehicles capable of using an <compressed natural gas or
29-2 other> alternative fuel <fuels> equal to or greater than 90 percent
29-3 of the number of fleet vehicles operated by September 1, 1998, and
29-4 thereafter.
29-5 (3) The department must submit to the Texas Natural
29-6 Resource Conservation Commission <Air Control Board> an annual
29-7 report by December 31 of each year showing purchases, leases, and
29-8 conversions of motor vehicles and usage of <compressed natural gas
29-9 or other> alternative fuels and any other relevant information the
29-10 Texas Natural Resource Conservation Commission <Air Control Board>
29-11 may require.
29-12 (m) A department in the development of the <compressed
29-13 natural gas or other> alternative fuel use program should work with
29-14 vehicle manufacturers and converters, fuel distributors, and others
29-15 to delineate the vehicles to be covered, taking into consideration
29-16 range, specialty uses, fuel availability, vehicle manufacturing and
29-17 conversion capability, safety, resale values, and other relevant
29-18 factors. Such department may meet the percentage requirements of
29-19 this section through the purchase of new vehicles or the conversion
29-20 of existing vehicles, in accordance with federal and state
29-21 requirements and applicable safety laws, to use the alternative
29-22 fuels.
29-23 (p) In this section, "alternative fuel" and "conventional
29-24 gasoline" have the meanings assigned by Section 382.131, Health and
29-25 Safety Code.
30-1 SECTION 15. Section 3.29, State Purchasing and General
30-2 Services Act (Article 601b, Vernon's Texas Civil Statutes), as
30-3 amended by Chapters 20 and 684, Acts of the 73rd Legislature, 1993,
30-4 is amended to read as follows:
30-5 Sec. 3.29. Purchase of Passenger Vehicles. (a) A state
30-6 agency may not purchase or lease a vehicle designed or used
30-7 primarily for the transportation of persons, including a station
30-8 wagon, that has a wheel base longer than 113 inches or that has
30-9 more than 160 SAE net horsepower, except that the vehicle may have
30-10 a wheel base of up to 116 inches or SAE net horsepower of up to 280
30-11 if the vehicle will be converted so that it is capable of using
30-12 compressed natural gas, liquefied natural gas, liquefied petroleum
30-13 gas, methanol or methanol/gasoline blends of 85 percent or greater,
30-14 ethanol or ethanol/gasoline blends of 85 percent or greater, or
30-15 electricity <or another alternative fuel that results in comparably
30-16 lower emissions of oxides of nitrogen, volatile organic compounds,
30-17 carbon monoxide, or particulates>. This exception to the wheel
30-18 base and horsepower limitations applies to a state agency
30-19 regardless of the size of the agency's vehicle fleet. The wheel
30-20 base and horsepower limitations prescribed by this subsection do
30-21 not apply to the purchase or lease of a vehicle to be used
30-22 primarily for criminal law enforcement or a bus, motorcycle,
30-23 pickup, van, truck, three-wheel vehicle, tractor, or ambulance.
30-24 (b)(1) A state agency operating a fleet of more than 15
30-25 vehicles, excluding law enforcement and emergency vehicles, may not
31-1 purchase or lease after September 1, 1991, any motor vehicle unless
31-2 that vehicle is capable of using compressed natural gas, liquefied
31-3 natural gas, liquefied petroleum gas, methanol or methanol/gasoline
31-4 blends of 85 percent or greater, ethanol or ethanol/gasoline blends
31-5 of 85 percent or greater, or electricity <or other alternative
31-6 fuels which result in comparably lower emissions of oxides of
31-7 nitrogen, volatile organic compounds, carbon monoxide, or
31-8 particulates or any combination thereof>.
31-9 (2) A state agency may acquire or be provided
31-10 equipment or refueling facilities necessary to operate <such>
31-11 vehicles using compressed natural gas, liquefied natural gas,
31-12 liquefied petroleum gas, methanol or methanol/gasoline blends of 85
31-13 percent or greater, ethanol or ethanol/gasoline blends of 85
31-14 percent or greater, or electricity <or other alternative fuels>:
31-15 (A) by purchase or lease as authorized by law;
31-16 (B) by gift or loan of the equipment or
31-17 facilities; or
31-18 (C) by gift or loan of the equipment or
31-19 facilities or other arrangement pursuant to a service contract for
31-20 the supply of compressed natural gas, liquefied natural gas,
31-21 liquefied petroleum gas, methanol or methanol/gasoline blends of 85
31-22 percent or greater, ethanol or ethanol/gasoline blends of 85
31-23 percent or greater, or electricity <or other alternative fuels>.
31-24 (3) If such equipment or facilities are donated,
31-25 loaned, or provided through other arrangement with the supplier of
32-1 compressed natural gas, liquefied natural gas, liquefied petroleum
32-2 gas, methanol or methanol/gasoline blends of 85 percent or greater,
32-3 ethanol or ethanol/gasoline blends of 85 percent or greater, or
32-4 electricity <or other alternative fuels>, the supplier shall be
32-5 entitled to recoup its actual cost of donating, loaning, or
32-6 providing the equipment or facilities through its fuel charges
32-7 under the supply contract.
32-8 (4) The commission may waive the requirements of this
32-9 subsection for any state agency upon receipt of certification
32-10 supported by evidence acceptable to the commission that:
32-11 (A) the agency's vehicles will be operating
32-12 primarily in an area in which neither the agency nor a supplier has
32-13 or can reasonably be expected to establish adequate <a central>
32-14 refueling <station> for compressed natural gas, liquefied natural
32-15 gas, liquefied petroleum gas, methanol or methanol/gasoline blends
32-16 of 85 percent or greater, ethanol or ethanol/gasoline blends of 85
32-17 percent or greater, or electricity <or other alternative fuels>; or
32-18 (B) the agency is unable to acquire or be
32-19 provided equipment or refueling facilities necessary to operate
32-20 vehicles using compressed natural gas, liquefied natural gas,
32-21 liquefied petroleum gas, methanol or methanol/gasoline blends of 85
32-22 percent or greater, ethanol or ethanol/gasoline blends of 85
32-23 percent or greater, or electricity <or other alternative fuels> at
32-24 a projected cost that is reasonably expected to result in no
32-25 greater net costs than the continued use of conventional
33-1 <traditional> gasoline or diesel fuels, measured over the expected
33-2 useful life of the equipment or facilities supplied.
33-3 (c)(1) Any state agency which operates a fleet of more than
33-4 15 motor vehicles, excluding law enforcement and emergency
33-5 vehicles, shall achieve the following percentages of vehicles
33-6 capable of using compressed natural gas, liquefied natural gas,
33-7 liquefied petroleum gas, methanol or methanol/gasoline blends of 85
33-8 percent or greater, ethanol or ethanol/gasoline blends of 85
33-9 percent or greater, or electricity <or other alternative fuels> by
33-10 the times specified:
33-11 (A) the percentage shall be equal to or greater
33-12 than 30 percent of the number of fleet vehicles operated by
33-13 September 1, 1994; and
33-14 (B) equal to or greater than 50 percent of the
33-15 number of fleet vehicles operated by September 1, 1996.
33-16 (2) The Texas Natural Resource Conservation Commission
33-17 <Air Control Board> must review this <alternative fuel use> program
33-18 by December 31, 1996, and, if the Texas Natural Resource
33-19 Conservation Commission <Air Control Board> determines that the
33-20 program has been effective in reducing total annual emissions from
33-21 motor vehicles in the area, state agencies operating fleets of more
33-22 than 15 motor vehicles shall achieve a percentage of fleet vehicles
33-23 capable of using compressed natural gas, liquefied natural gas,
33-24 liquefied petroleum gas, methanol or methanol/gasoline blends of 85
33-25 percent or greater, ethanol or ethanol/gasoline blends of 85
34-1 percent or greater, or electricity <or other alternative fuels>
34-2 equal to or greater than 90 percent of the number of fleet vehicles
34-3 operated by September 1, 1998, and thereafter.
34-4 (3) The commission shall support the Texas Natural
34-5 Resource Conservation Commission <Air Control Board> in collecting
34-6 reasonable information needed to determine the air quality benefits
34-7 from use of compressed natural gas, liquefied natural gas,
34-8 liquefied petroleum gas, methanol or methanol/gasoline blends of 85
34-9 percent or greater, ethanol or ethanol/gasoline blends of 85
34-10 percent or greater, or electricity <alternative fuels> at affected
34-11 agencies.
34-12 (4) Each state agency in its annual financial report
34-13 to the legislature must show its progress in achieving these
34-14 percentage requirements by itemizing purchases, leases, and
34-15 conversions of motor vehicles and usage of compressed natural gas,
34-16 liquefied natural gas, liquefied petroleum gas, methanol or
34-17 methanol/gasoline blends of 85 percent or greater, ethanol or
34-18 ethanol/gasoline blends of 85 percent or greater, or electricity
34-19 <or other alternative fuels>.
34-20 (d) The commission, in the development of the use of
34-21 compressed natural gas, liquefied natural gas, liquefied petroleum
34-22 gas, methanol or methanol/gasoline blends of 85 percent or greater,
34-23 ethanol or ethanol/gasoline blends of 85 percent or greater, or
34-24 electricity <or other alternative fuel use program>, should work
34-25 with state agency fleet operators, vehicle manufacturers and
35-1 converters, fuel distributors, and others to delineate the vehicles
35-2 to be covered, taking into consideration range, specialty uses,
35-3 fuel availability, vehicle manufacturing and conversion capability,
35-4 safety, resale values, and other relevant factors. State agencies
35-5 may meet the percentage requirements of this section through
35-6 purchase of new vehicles or the conversion of existing vehicles, in
35-7 accordance with federal and state requirements and applicable
35-8 safety laws<, to use the alternative fuels>.
35-9 (e) The commission may reduce any percentage specified or
35-10 waive the requirements of Subsection (c) of this section for any
35-11 state agency upon receipt of certification supported by evidence
35-12 acceptable to the commission that:
35-13 (1) the agency's vehicles will be operating primarily
35-14 in an area in which neither the agency nor a supplier has or can
35-15 reasonably be expected to establish adequate <a central> refueling
35-16 <station> for compressed natural gas, liquefied natural gas,
35-17 liquefied petroleum gas, methanol or methanol/gasoline blends of 85
35-18 percent or greater, ethanol or ethanol/gasoline blends of 85
35-19 percent or greater, or electricity <or other alternative fuels>; or
35-20 (2) the agency is unable to acquire or be provided
35-21 equipment or refueling facilities necessary to operate vehicles
35-22 using compressed natural gas, liquefied natural gas, liquefied
35-23 petroleum gas, methanol or methanol/gasoline blends of 85 percent
35-24 or greater, ethanol or ethanol/gasoline blends of 85 percent or
35-25 greater, or electricity <or other alternative fuels> at a projected
36-1 cost that is reasonably expected to result in no greater net costs
36-2 than the continued use of conventional <traditional> gasoline or
36-3 diesel fuels, measured over the expected useful life of the
36-4 equipment or facilities supplied.
36-5 (f) The commission in purchasing, leasing, maintaining, or
36-6 converting vehicles for compressed natural gas, liquefied natural
36-7 gas, liquefied petroleum gas, methanol or methanol/gasoline blends
36-8 of 85 percent or greater, ethanol or ethanol/gasoline blends of 85
36-9 percent or greater, or electricity <or other alternative fuels> use
36-10 shall comply with all applicable safety standards promulgated by
36-11 the United States Department of Transportation and the Railroad
36-12 Commission of Texas or their successor agencies.
36-13 (g) In this section, a vehicle is considered to be capable
36-14 of using compressed natural gas, liquefied natural gas, liquefied
36-15 petroleum gas, methanol or methanol/gasoline blends of 85 percent
36-16 or greater, ethanol or ethanol/gasoline blends of 85 percent or
36-17 greater, or electricity <or other alternative fuels> if the vehicle
36-18 is capable of using compressed natural gas, liquefied natural gas,
36-19 liquefied petroleum gas, methanol or methanol/gasoline blends of 85
36-20 percent or greater, ethanol or ethanol/gasoline blends of 85
36-21 percent or greater, or electricity <or other alternative fuels>
36-22 either in its original equipment engine or in an engine that has
36-23 been converted to use compressed natural gas, liquefied natural
36-24 gas, liquefied petroleum gas, methanol or methanol/gasoline blends
36-25 of 85 percent or greater, ethanol or ethanol/gasoline blends of 85
37-1 percent or greater, or electricity <or other alternative fuels>
37-2 after September 1, 1991, unless the time for compliance is extended
37-3 pursuant to Subsection (h) of this section.
37-4 (h) The commission may extend the date by which a vehicle
37-5 powered by an engine fueled by conventional <a traditional>
37-6 gasoline or diesel fuel <engine> shall be capable of using
37-7 compressed natural gas, liquefied natural gas, liquefied petroleum
37-8 gas, methanol or methanol/gasoline blends of 85 percent or greater,
37-9 ethanol or ethanol/gasoline blends of 85 percent or greater, or
37-10 electricity <or other alternative fuels> as required under this
37-11 section for one or more periods of 90 days, but not beyond
37-12 September 1, 1992, if it finds a lack of ability to acquire such
37-13 vehicles with original <alternative fuels> equipment, to acquire
37-14 such vehicles which are able to be converted, or to convert such
37-15 vehicles to use compressed natural gas, liquefied natural gas,
37-16 liquefied petroleum gas, methanol or methanol/gasoline blends of 85
37-17 percent or greater, ethanol or ethanol/gasoline blends of 85
37-18 percent or greater, or electricity <or other alternative fuels>.
37-19 (i) The provisions of this section do not apply to vehicles
37-20 which are acquired by the Texas Transportation Institute for the
37-21 purpose of performing crash tests and related research.
37-22 (j) In this section, "conventional gasoline" has the meaning
37-23 assigned by Section 382.131, Health and Safety Code.
37-24 SECTION 16. Subsection (b), Section 113.286, Natural
37-25 Resources Code, is amended to read as follows:
38-1 (b) To the extent permitted by federal law or regulations,
38-2 the council may use the money in the fund only to:
38-3 (1) make loans or grants under this subchapter;
38-4 (2) finance activities supporting or encouraging the
38-5 use of compressed natural gas, liquefied natural gas, liquefied
38-6 petroleum gas, methanol or methanol/gasoline blends of 85 percent
38-7 or greater, ethanol or ethanol/gasoline blends of 85 percent or
38-8 greater, or electricity <alternative fuels>; or
38-9 (3) pay the costs of administering this subchapter.
38-10 SECTION 17. Section 113.287, Natural Resources Code, is
38-11 amended to read as follows:
38-12 Sec. 113.287. FUELS CONVERSION LOAN PROGRAM. (a) The
38-13 council may make loans, grants, or other distributions to eligible
38-14 borrowers to fund conversion or infrastructure projects to promote
38-15 the use of environmentally beneficial <alternative> fuels or for
38-16 other purposes, subject to applicable regulations or approval of
38-17 the United States Department of Energy.
38-18 (b) The council shall adopt rules necessary to administer
38-19 the fuels conversion loan program.
38-20 (c) The council shall adopt rules under this section in
38-21 accordance with applicable rules and regulations of the United
38-22 States Department of Energy.
38-23 (d) The council by rule shall determine which individuals
38-24 and businesses are eligible for a loan, grant, or other
38-25 disbursement under this section. The rules shall provide for
39-1 historically underutilized businesses, individuals with low
39-2 incomes, institutions of higher education, and health care
39-3 facilities to be eligible for loans, grants, or other disbursements
39-4 to undertake conversion and infrastructure projects for
39-5 <alternative> fuels.
39-6 (e) A state agency, county, municipality, school district,
39-7 or mass transit authority or department is eligible to receive a
39-8 loan, grant, or other disbursement under this subchapter to carry
39-9 out an eligible conversion or infrastructure project regarding LPG
39-10 or another environmentally beneficial <alternative> fuel to comply
39-11 with <alternative> fuel requirements provided by or by rules
39-12 adopted under:
39-13 (1) Subchapter F, Chapter 382, Health and Safety Code;
39-14 (2) Subchapter F, Chapter 21, Education Code;
39-15 (3) Sections 3.03, 3.29, and 14.03, State Purchasing
39-16 and General Services Act (Article 601b, Vernon's Texas Civil
39-17 Statutes);
39-18 (4) Sections 14(c)-(g), Chapter 141, Acts of the 63rd
39-19 Legislature, Regular Session, 1973 (Article 1118x, Vernon's Texas
39-20 Civil Statutes);
39-21 (5) Sections 20(e)-(i), Chapter 683, Acts of the 66th
39-22 Legislature, 1979 (Article 1118y, Vernon's Texas Civil Statutes);
39-23 and
39-24 (6) Sections 6(k)-(o), Article 1118z, Revised
39-25 Statutes.
40-1 (f) The council may make a loan to finance the construction
40-2 of an infrastructure refueling facility only if the facility is to
40-3 serve and be accessible to the general public to the extent
40-4 practicable.
40-5 SECTION 18. It is the intent of the legislature that the
40-6 program authorized by Section 9C, Texas Public Finance Authority
40-7 Act (Article 601d, Vernon's Texas Civil Statutes), or any
40-8 succeeding legislation, authorizes the Alternative Fuels Council to
40-9 certify only those projects that are associated with the following
40-10 fuels: compressed natural gas; liquefied natural gas; liquefied
40-11 petroleum gas; electricity; or methanol, ethanol, or other alcohols
40-12 including any mixture thereof containing 85 percent or more by
40-13 volume of such alcohol with gasoline or other fuels.
40-14 SECTION 19. The Texas Natural Resource Conservation
40-15 Commission shall adopt rules to implement Section 382.142, Health
40-16 and Safety Code, as added by this Act, not later than September 1,
40-17 1997.
40-18 SECTION 20. This Act takes effect September 1, 1995.
40-19 SECTION 21. The importance of this legislation and the
40-20 crowded condition of the calendars in both houses create an
40-21 emergency and an imperative public necessity that the
40-22 constitutional rule requiring bills to be read on three several
40-23 days in each house be suspended, and this rule is hereby suspended.