1-1 By: Armbrister S.B. No. 200
1-2 (In the Senate - Filed January 12, 1995; January 18, 1995,
1-3 read first time and referred to Committee on State Affairs;
1-4 February 14, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 12, Nays 0;
1-6 February 14, 1995, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 200 By: Armbrister
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the alternative fuels program.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 382.131, Health and Safety Code, is
1-13 amended to read as follows:
1-14 Sec. 382.131. DEFINITIONS. In this subchapter:
1-15 (1) "Alternative fuel" means any fuel or power source
1-16 that, when used in a clean-fuel vehicle, allows the vehicle to
1-17 comply with the standards and requirements of Part C, Subchapter
1-18 II, of the federal Clean Air Act, as amended (42 U.S.C. Section
1-19 7581 et seq.). The term includes:
1-20 (A) methanol, ethanol, or other alcohols;
1-21 (B) a mixture of alcohol and another fuel that
1-22 contains 85 percent or more of alcohol by volume;
1-23 (C) reformulated gasoline;
1-24 (D) diesel fuel;
1-25 (E) natural gas;
1-26 (F) liquefied petroleum gas;
1-27 (G) hydrogen; and
1-28 (H) electricity.
1-29 (2) "Capable of being centrally fueled" means a fleet
1-30 or that part of a fleet consisting of vehicles that could be
1-31 refueled 100 percent of the time at a location that is owned,
1-32 operated, or controlled by the fleet operator or is under contract
1-33 with the fleet operator. The fact that one or more vehicles in a
1-34 fleet are not centrally fueled does not exempt an entire fleet from
1-35 the program.
1-36 (3) "Centrally fueled" means a fleet or that part of a
1-37 fleet consisting of vehicles that are refueled 100 percent of the
1-38 time at a location that is owned, operated, or controlled by the
1-39 fleet operator or is under contract with the fleet operator. The
1-40 fact that one or more vehicles in a fleet are not centrally fueled
1-41 does not exempt an entire fleet from the program. The term does
1-42 not include retail credit card purchases or commercial fleet
1-43 service cards.
1-44 (4) "Clean-fuel vehicle" means a vehicle in a class or
1-45 category of vehicles that has been certified to meet for any model
1-46 year:
1-47 (A) the clean-fuel vehicle standards applicable
1-48 under Part C, Subchapter II, of the federal Clean Air Act, as
1-49 amended (42 U.S.C. Section 7581 et seq.); and
1-50 (B) emission limits at least as stringent as the
1-51 applicable low-emission vehicle standards for the clean-fuel fleet
1-52 program under 40 C.F.R. Sections 88.104-94 and 88.105-94 as
1-53 published in the September 30, 1994, Federal Register.
1-54 (5) "Conventional gasoline" means any gasoline that
1-55 does not meet specifications set by a certification under Section
1-56 211(k) of the federal Clean Air Act, as amended (42 U.S.C. Section
1-57 7545(k)).
1-58 (6) "Emissions" means emissions of oxides of nitrogen,
1-59 volatile organic compounds, carbon monoxide, particulates, or any
1-60 combination of those substances.
1-61 (7) <(2)> "Fleet vehicle" means a vehicle required to
1-62 be registered under Chapter 88, General Laws, Acts of the 41st
1-63 Legislature, 2nd Called Session, 1929 (Article 6675a-2, Vernon's
1-64 Texas Civil Statutes), and that is centrally fueled or capable of
1-65 being centrally fueled. The term does not include:
1-66 (A) a fleet vehicle that, when not in use, is
1-67 normally parked at the residence of the individual who usually
1-68 operates it, unless the vehicle is, in fact, centrally fueled; or
2-1 (B) a fleet vehicle that has a gross vehicle
2-2 weight rating of greater than 26,000 pounds.
2-3 (8) <(3)> "Mass transit authority" means a
2-4 transportation or transit authority or department established under
2-5 Chapter 141, Acts of the 63rd Legislature, Regular Session, 1973
2-6 (Article 1118x, Vernon's Texas Civil Statutes), Chapter 683, Acts
2-7 of the 66th Legislature, Regular Session, 1979 (Article 1118y,
2-8 Vernon's Texas Civil Statutes), or Article 1118z, Revised Statutes,
2-9 that operates a mass transit system under any of those laws.
2-10 (9) "Reformulated gasoline" means gasoline that has
2-11 been certified as a reformulated gasoline under the federal
2-12 certification regulations adopted in accordance with Section 211(k)
2-13 of the federal Clean Air Act, as amended (42 U.S.C. Section
2-14 7545(k)).
2-15 SECTION 2. Section 382.133, Health and Safety Code, is
2-16 amended to read as follows:
2-17 Sec. 382.133. Mass Transit Fleet Vehicles. (a) The board
2-18 by rule shall require a mass transit authority to ensure that its
2-19 vehicles can operate on <compressed natural gas or other>
2-20 alternative fuels <that result in comparably lower emissions>.
2-21 (b) Rules adopted under this section must require a mass
2-22 transit authority to have its fleet vehicles able to operate on an
2-23 <compressed natural gas or other> alternative fuel according to the
2-24 following schedule:
2-25 (1) not later than September 1, 1994, at least 30
2-26 percent of the vehicles; and
2-27 (2) not later than September 1, 1996, at least 50
2-28 percent of the vehicles.
2-29 (c) Contingent on the board's review, not later than
2-30 December 31, 1996, of the alternative fuels program established by
2-31 this section and the board's determination that the program is
2-32 reducing emissions, is projected to be effective in improving
2-33 overall air quality, and is necessary to the attainment of federal
2-34 ambient air quality standards in the affected areas, the rules must
2-35 require a mass transit authority, not later than September 1, 1998,
2-36 to have at least 90 percent of its fleet vehicles able to operate
2-37 on an <compressed natural gas or other> alternative fuel.
2-38 SECTION 3. Section 382.134, Health and Safety Code, is
2-39 amended to read as follows:
2-40 Sec. 382.134. Local Government and Private Fleet Vehicles.
2-41 (a) This section applies only to:
2-42 (1) a local government that operates primarily in an
2-43 affected area a fleet of more than 15 vehicles, excluding law
2-44 enforcement and emergency vehicles; and
2-45 (2) a private person that operates primarily in an
2-46 affected area a fleet of more than 25 fleet vehicles, excluding
2-47 emergency vehicles.
2-48 (b) If the board determines under Section 382.133 that the
2-49 alternative fuels program is reducing emissions, is projected to be
2-50 effective in improving overall air quality, and is necessary to
2-51 comply with federal ambient air quality standards for ozone, carbon
2-52 monoxide, oxides of nitrogen, or particulates in the affected
2-53 areas, the board by rule shall require a local government or a
2-54 private person to ensure that its fleet vehicles can operate on an
2-55 <compressed natural gas or other> alternative fuel <fuels that
2-56 reduce total annual emissions from motor vehicles in the area>.
2-57 (c) Rules adopted by the board <under this section> must
2-58 require a local government or private person to have a proportion
2-59 of the person's newly purchased <its> fleet vehicles able to
2-60 operate on an <compressed natural gas or other> alternative fuel
2-61 according to the following schedule:
2-62 (1) 30 percent of fleet vehicles purchased after <not
2-63 later than> September 1, 1998<, at least 30 percent of the
2-64 vehicles>;
2-65 (2) 50 percent of fleet vehicles purchased after <not
2-66 later than> September 1, 2000<, at least 50 percent of the
2-67 vehicles>; and
2-68 (3) 90 percent of fleet vehicles purchased after <not
2-69 later than> September 1, 2002<, at least 90 percent of the
2-70 vehicles>.
3-1 (d) Rules adopted by the board may not require a local
3-2 government or private person to purchase a fleet vehicle able to
3-3 operate on an alternative fuel if the person maintains a proportion
3-4 of 90 percent or more alternative fuel vehicles in the person's
3-5 fleet.
3-6 (e) For the purposes of Subsection (c) requirements, the
3-7 conversion of a gasoline-fueled or diesel-fueled fleet vehicle,
3-8 whether previously acquired or newly purchased, to a clean-fuel
3-9 vehicle shall be treated as a purchase. The choice of clean-fuel
3-10 vehicles and alternative fuels is in the fleet operator's
3-11 discretion.
3-12 (f) This section does not require a person to purchase a
3-13 converted vehicle or to convert a previously acquired or newly
3-14 purchased gasoline-fueled or diesel-fueled vehicle to a clean-fuel
3-15 vehicle if clean-fuel vehicles are not available from original
3-16 equipment manufacturers.
3-17 SECTION 4. Section 382.135, Health and Safety Code, is
3-18 amended to read as follows:
3-19 Sec. 382.135. Dual Fuel Conversion. The percentage
3-20 requirements of Sections 382.133 and 382.134 may be met by the dual
3-21 fuel conversion or capability of conventional gasoline-powered or
3-22 diesel-powered vehicles to operate also on an <compressed natural
3-23 gas or other> alternative fuel <fuels that result in comparably
3-24 lower emissions>.
3-25 SECTION 5. Subsection (a), Section 382.136, Health and
3-26 Safety Code, is amended to read as follows:
3-27 (a) The board may make exceptions to rules adopted under
3-28 Sections 382.133 and 382.134 if:
3-29 (1) a firm engaged in fixed price contracts with
3-30 public works agencies can demonstrate that compliance with the
3-31 requirements of those sections would result in substantial economic
3-32 harm to the firm under a contract entered into before September 1,
3-33 1997;
3-34 (2) the board determines that the affected vehicles
3-35 will be operating primarily in an area that does not have or cannot
3-36 reasonably be expected to establish a central refueling station for
3-37 alternative fuels; or
3-38 (3) the affected entity is unable to secure financing
3-39 provided by or arranged through the proposed supplier or suppliers
3-40 of <compressed natural gas or other> alternative fuels sufficient
3-41 to cover the additional costs of alternative fueling.
3-42 SECTION 6. Subsections (a) and (b), Section 382.138, Health
3-43 and Safety Code, are amended to read as follows:
3-44 (a) In conjunction with the development of state
3-45 implementation plans for achieving and maintaining compliance with
3-46 federal ambient air quality standards under the federal Clean Air
3-47 Act (42 U.S.C. Section 7401 et seq.), the board shall evaluate and
3-48 determine, for areas required by federal law to have state
3-49 implementation plans, the effectiveness of and need for the use of
3-50 <compressed natural gas and other> alternative fuels in vehicles.
3-51 (b) The evaluation and determination must include:
3-52 (1) the uses of <compressed natural gas or other>
3-53 alternative fuels required by Sections 382.133 and 382.134; and
3-54 (2) additional or different uses of <compressed
3-55 natural gas or other> alternative fuels.
3-56 SECTION 7. Section 382.139, Health and Safety Code, is
3-57 amended to read as follows:
3-58 Sec. 382.139. Additional Alternative Fuels Use. (a) If,
3-59 after considering the factors listed in Section 382.138, the board
3-60 determines that the use of <compressed natural gas or other>
3-61 alternative fuels for certain categories of motor vehicles is
3-62 effective and necessary for achieving and maintaining compliance
3-63 with federal ambient air quality standards, the board by rule shall
3-64 require those uses in addition to uses required elsewhere in this
3-65 subchapter.
3-66 (b) If, after considering the factors listed in Section
3-67 382.138, the board determines that the additional uses are
3-68 appropriate, the board may establish and implement programs
3-69 encouraging the use of <compressed natural gas or other>
3-70 alternative fuels for certain categories of vehicles.
4-1 SECTION 8. Subsection (a), Section 382.140, Health and
4-2 Safety Code, is amended to read as follows:
4-3 (a) In connection with the evaluations and determinations
4-4 required under Section 382.138 and encouraging the use of <natural
4-5 gas or other> alternative fuels, the board may conduct or have
4-6 conducted appropriate studies or pilot programs.
4-7 SECTION 9. Section 382.141, Health and Safety Code, is
4-8 amended to read as follows:
4-9 Sec. 382.141. Report Required. The board shall report
4-10 biennially its evaluations and determinations on the use of
4-11 <compressed natural gas or other> alternative fuels and recommend
4-12 legislative changes necessary to implement an effective and
4-13 feasible program for the use of <compressed natural gas and other>
4-14 alternative fuels. The report shall be submitted to the governor
4-15 and the legislature not later than the 30th day before the
4-16 commencement of each regular legislative session.
4-17 SECTION 10. Subchapter F, Chapter 382, Health and Safety
4-18 Code, is amended by adding Section 382.142 to read as follows:
4-19 Sec. 382.142. EMISSION REDUCTION CREDITS. (a) The
4-20 commission by rule shall provide for a person subject to a rule
4-21 adopted under Section 382.133 or 382.134 to meet those requirements
4-22 by trading or banking emission reduction credits.
4-23 (b) The commission by rule shall provide for emission
4-24 reduction credits to be issued to a fleet operator for the purchase
4-25 of:
4-26 (1) a clean-fuel vehicle before applicable program
4-27 requirements under Section 382.133 or 382.134 take effect;
4-28 (2) a clean-fuel vehicle that meets standards more
4-29 stringent than those under this subchapter;
4-30 (3) a greater percentage of clean-fuel vehicles than
4-31 required under Section 382.133 or 382.134; or
4-32 (4) a clean-fuel vehicle in a category not required by
4-33 this subchapter.
4-34 (c) Emission reduction credits issued for the purchase of a
4-35 clean-fuel vehicle must reflect the level of emission reduction the
4-36 vehicle achieves.
4-37 (d) Emission reduction credits issued under this section may
4-38 be traded, sold, purchased, or banked for use by any person to
4-39 demonstrate compliance with the percentage requirements of Section
4-40 382.133 or 382.134 or with any other air pollutant emission
4-41 reduction required by law within the same air quality nonattainment
4-42 area as designated within the meaning of Section 107(d) of the
4-43 federal Clean Air Act, as amended (42 U.S.C. Section 7407). An
4-44 emission reduction credit issued under this section may be used as
4-45 provided by law for an area emission reduction credit organization
4-46 under Chapter 384.
4-47 (e) The commission shall adopt rules to implement this
4-48 section.
4-49 SECTION 11. Section 21.174, Education Code, is amended by
4-50 amending Subsections (c), (d), (e), (g), and (h) and by adding
4-51 Subsection (i) to read as follows:
4-52 (c)(1) Except as provided in Subsections (e) and (f), a <no>
4-53 county or local district school board may not purchase or lease or
4-54 authorize the purchase or lease after September 1, 1993, of a <any>
4-55 motor vehicle used for transporting school children for any county
4-56 or local school district operating more than 50 such vehicles
4-57 unless that vehicle is capable of using an <compressed natural gas
4-58 or other> alternative fuel <fuels which result in comparably lower
4-59 emissions of oxides of nitrogen, volatile organic compounds, carbon
4-60 monoxide, or particulates or any combination thereof>.
4-61 (2) A county or local district school board may
4-62 acquire or be provided equipment or refueling facilities necessary
4-63 to operate such vehicles using <compressed natural gas or other>
4-64 alternative fuels:
4-65 (A) by purchase or lease as authorized by law;
4-66 (B) by gift or loan of the equipment or
4-67 facilities; or
4-68 (C) by gift or loan of the equipment or
4-69 facilities or other arrangement pursuant to a service contract for
4-70 the supply of <compressed natural gas or other> alternative fuels.
5-1 (3) If such equipment or facilities are donated,
5-2 loaned, or provided through other arrangement with the supplier of
5-3 <compressed natural gas or other> alternative fuels, the supplier
5-4 shall be entitled to recoup its actual cost of donating, loaning,
5-5 or providing the equipment or facilities through its fuel charges
5-6 under the supply contract.
5-7 (d)(1) Any county or local district school board which
5-8 operates a fleet of more than 50 motor vehicles used for
5-9 transporting school children shall ensure that:
5-10 (A) not less than 50 percent of its fleet is
5-11 capable of using <compressed natural gas or other> alternative fuel
5-12 not later than the earlier of September 1, 1997, or four years from
5-13 the date the fleet exceeds 50 vehicles; and
5-14 (B) not less than 90 percent of its fleet is
5-15 capable of using <compressed natural gas or other> alternative fuel
5-16 not later than September 1, 2001.
5-17 (2) A school district may meet the fleet composition
5-18 requirements by converting new or existing vehicles to alternative
5-19 fuel, by replacing existing vehicle engines with alternative fuel
5-20 engines, or by purchasing new alternative fuel vehicles.
5-21 (3) School districts that achieve a fleet composition
5-22 of 30 percent or more alternative fuel vehicles by September 1,
5-23 1994, have priority to receive appropriated or other funds
5-24 available for the purpose of fleet conversion to alternative fuel.
5-25 (e)(1) The requirements of Subsections (c) and (d) do not
5-26 apply to any school district if the county or local district school
5-27 board acts in accordance with Paragraph (A), (B), or (C).
5-28 (A) The requirements do not apply if the county
5-29 or local district school board solicits, but does not receive, any
5-30 bids for service contracts for the supply of <compressed natural
5-31 gas or other> alternative fuels that are at or below the net
5-32 projected costs of continued use of conventional <traditional>
5-33 gasoline or diesel fuels, measured over the expected useful life of
5-34 the equipment or facilities supplied. The bid solicitation
5-35 provision does not require any board to solicit a bid for service
5-36 contracts more than once during any fiscal year.
5-37 (B) The requirements do not apply if the county
5-38 or local district school board solicits, but does not receive, any
5-39 bids for conversion of engines or vehicles or replacement of
5-40 engines or vehicles to <compressed natural gas or other>
5-41 alternative fuels that are at or below the net projected costs of
5-42 continued use of conventional <traditional> gasoline or diesel
5-43 fuels, measured over the expected useful life of the engine or
5-44 vehicle.
5-45 (C) The requirements do not apply if the county
5-46 or local district school board solicits, but does not receive, any
5-47 bids for a contract that provides for conversion or replacement, or
5-48 both, of engines or vehicles, or both, to <compressed natural gas
5-49 or other> alternative fuel and for the supply of <compressed
5-50 natural gas or other> alternative fuels that is at or below the net
5-51 projected costs of continued use of conventional <traditional>
5-52 gasoline or diesel fuels, measured over the expected useful life of
5-53 the equipment, facilities, vehicles, and engines. The bid
5-54 solicitation provision does not require a board to solicit such a
5-55 bid more than once during any three-year period.
5-56 (2) A person making a bid or submitting a proposal in
5-57 response to a solicitation made in compliance with this subsection
5-58 has the burden to provide the school board the information on total
5-59 cost-effectiveness of the bid, including, if applicable, the cost
5-60 of new warranties for vehicle or engine conversion and insurance
5-61 costs.
5-62 (3) In determining total cost-effectiveness under this
5-63 subsection, a board may consider both the short-term and long-term
5-64 costs to the district and other objective factors that may affect
5-65 the capacity of the district to use <compressed natural gas or
5-66 other> alternative fuels. The board shall consider availability of
5-67 state and federal funds for conversion and replacement purposes.
5-68 (g) County and local district school boards and the General
5-69 Services Commission in purchasing, leasing, maintaining, or
5-70 converting vehicles for <compressed natural gas or other>
6-1 alternative fuels use shall comply with all applicable safety
6-2 standards promulgated by the United States Department of
6-3 Transportation and the Railroad Commission of Texas or their
6-4 successor agencies. The requirements of Subsections (c) and (d) do
6-5 not require a district to convert any vehicle or engine to
6-6 <compressed natural gas or other> alternative fuel if the
6-7 conversion does not meet fuel system integrity standards as
6-8 designed and tested by the National Highway Transportation Safety
6-9 Administration or the Railroad Commission of Texas.
6-10 (h) In this section, a vehicle is considered to be capable
6-11 of using an <compressed natural gas or other> alternative
6-12 fuel <fuels> if the vehicle is capable of using an <compressed
6-13 natural gas or other> alternative fuel <fuels> either in its
6-14 original equipment engine or in an engine that has been converted
6-15 to use an <compressed natural gas or other> alternative
6-16 fuel <fuels> after September 1, 1991.
6-17 (i) In this section, "alternative fuel" and "conventional
6-18 gasoline" have the meanings assigned by Section 382.131, Health and
6-19 Safety Code.
6-20 SECTION 12. Subsection (c), Section 14, Chapter 141, Acts of
6-21 the 63rd Legislature, Regular Session, 1973 (Article 1118x,
6-22 Vernon's Texas Civil Statutes), as added by Section 8, Chapter
6-23 1189, Acts of the 71st Legislature, Regular Session, 1989, and
6-24 amended by Section 13, Chapter 503, Acts of the 72nd Legislature,
6-25 Regular Session, 1991, is amended to read as follows:
6-26 (c)(1) The board may not purchase or lease after September
6-27 1, 1991, any motor vehicle unless that vehicle is capable of using
6-28 an <compressed natural gas or other> alternative fuel <fuels which
6-29 result in comparably lower emissions of oxides of nitrogen,
6-30 volatile organic compounds, carbon monoxide, or particulates or any
6-31 combination thereof>.
6-32 (2) The authority may acquire or be provided equipment
6-33 or refueling facilities necessary to operate such vehicles using
6-34 <compressed natural gas or other> alternative fuel <fuels>:
6-35 (A) by purchase or lease as authorized by law;
6-36 (B) by gift or loan of the equipment or
6-37 facilities; or
6-38 (C) by gift or loan of the equipment or
6-39 facilities or other arrangement pursuant to a service contract for
6-40 the supply of <compressed natural gas or other> alternative fuel
6-41 <fuels>.
6-42 (3) If such equipment or facilities are donated,
6-43 loaned, or provided through other arrangement with the supplier of
6-44 <compressed natural gas or other> alternative fuel <fuels>, the
6-45 supplier shall be entitled to recoup its actual cost of donating,
6-46 loaning, or providing the equipment or facilities through its fuel
6-47 charges under the supply contract.
6-48 (4) The board or, in an authority covered by
6-49 Subsection (h) of this section, the Texas Natural Resource
6-50 Conservation Commission <Air Control Board>, may make exceptions to
6-51 the requirements of this subsection if the board certifies that:
6-52 (A) the authority's vehicles will be operating
6-53 primarily in an area in which neither the authority nor a supplier
6-54 has or can reasonably be expected to establish a central refueling
6-55 station for <compressed natural gas or other> alternative fuels; or
6-56 (B) the authority is unable to acquire or be
6-57 provided equipment or refueling facilities necessary to operate
6-58 vehicles using <compressed natural gas or other> alternative fuels
6-59 at a projected cost that is reasonably expected to result in no
6-60 greater net costs than the continued use of conventional
6-61 <traditional> gasoline or diesel fuels, measured over the expected
6-62 useful life of the equipment or facilities supplied.
6-63 SECTION 13. Section 14, Chapter 141, Acts of the 63rd
6-64 Legislature, Regular Session, 1973 (Article 1118x, Vernon's Texas
6-65 Civil Statutes), is amended by amending Subsections (d), (e), (g),
6-66 and (h) and by adding Subsection (i) to read as follows:
6-67 (d)(1) The board shall achieve the following percentages of
6-68 vehicles capable of using <compressed natural gas or other>
6-69 alternative fuels by the times specified:
6-70 (A) the percentage shall be equal to or greater
7-1 than 30 percent of the number of fleet vehicles operated in 1994;
7-2 and
7-3 (B) equal to or greater than 50 percent of the
7-4 number of fleet vehicles operated by September 1, 1996.
7-5 (2) The Texas Natural Resource Conservation Commission
7-6 <Air Control Board> must review this alternative fuel use program
7-7 by December 31, 1996, and, if the Texas Natural Resource
7-8 Conservation Commission <Air Control Board> determines that the
7-9 program has been effective in reducing total annual emissions from
7-10 motor vehicles in the area, the board shall achieve a percentage of
7-11 fleet vehicles capable of using <compressed natural gas or other>
7-12 alternative fuels equal to or greater than 90 percent of the number
7-13 of fleet vehicles operated by September 1, 1998, and thereafter.
7-14 (3) The board must submit to the Texas Natural
7-15 Resource Conservation Commission <Air Control Board> an annual
7-16 report by December 31 of each year showing purchases, leases, and
7-17 conversions of motor vehicles and usage of <compressed natural gas
7-18 or other> alternative fuels and any other relevant information the
7-19 Texas Natural Resource Conservation Commission <Air Control Board>
7-20 may require.
7-21 (e) The board in the development of the <compressed natural
7-22 gas or other> alternative fuel use program should work with vehicle
7-23 manufacturers and converters, fuel distributors, and others to
7-24 delineate the vehicles to be covered, taking into consideration
7-25 range, specialty uses, fuel availability, vehicle manufacturing and
7-26 conversion capability, safety, resale values, and other relevant
7-27 factors. The board may meet the percentage requirements of this
7-28 section through purchase of new vehicles or the conversion of
7-29 existing vehicles, in accordance with federal and state
7-30 requirements and applicable safety laws, to use <such> alternative
7-31 fuels.
7-32 (g) The Texas Natural Resource Conservation Commission <Air
7-33 Control Board> may require reasonable reporting from any board to
7-34 document the air quality benefits from alternative fuel use
7-35 programs.
7-36 (h)(1) This subsection applies only to an authority
7-37 confirmed at a tax election before July 1, 1985, and in which the
7-38 principal city has a population of less than 750,000, according to
7-39 the most recent federal census.
7-40 (2) The Texas Natural Resource Conservation Commission
7-41 <Air Control Board> may reduce any percentage specified by, or
7-42 waive the requirements of, Subsection (d) of this section for an
7-43 authority on receipt of certification supported by evidence
7-44 acceptable to the Texas Natural Resource Conservation Commission
7-45 <Air Control Board> that:
7-46 (A) the authority's vehicles will be operating
7-47 primarily in an area in which neither the authority nor a supplier
7-48 has or can reasonably be expected to establish a central refueling
7-49 station for <compressed natural gas or other> alternative fuels; or
7-50 (B) the authority is unable to acquire or be
7-51 provided equipment or refueling facilities necessary to operate
7-52 vehicles using <compressed natural gas or other> alternative fuels
7-53 at a projected cost that is reasonably expected to result in no
7-54 greater net costs than the continued use of conventional
7-55 <traditional> gasoline or diesel fuels, measured over the expected
7-56 useful life of the equipment or facilities supplied.
7-57 (3) The Texas Natural Resource Conservation Commission
7-58 <Air Control Board> shall develop rules for the certification
7-59 process, including provisions requiring the authority to hold a
7-60 public meeting and develop an alternative implementation schedule
7-61 for meeting the percentages provided by Subsection (d) of this
7-62 section before applying to the Texas Natural Resource Conservation
7-63 Commission <Air Control Board> for a reduction or waiver of those
7-64 requirements.
7-65 (i) In this section, "alternative fuel" and "conventional
7-66 gasoline" have the meanings assigned by Section 382.131, Health and
7-67 Safety Code.
7-68 SECTION 14. Section 20, Chapter 683, Acts of the 66th
7-69 Legislature, 1979 (Article 1118y, Vernon's Texas Civil Statutes),
7-70 is amended by amending Subsections (e), (f), (g), and (h) and by
8-1 adding Subsection (k) to read as follows:
8-2 (e)(1) An authority may not purchase or lease after
8-3 September 1, 1991, any motor vehicle unless that vehicle is capable
8-4 of using an <compressed natural gas or other> alternative fuel
8-5 <fuels which result in comparably lower emissions of oxides of
8-6 nitrogen, volatile organic compounds, carbon monoxide, or
8-7 particulates or any combination thereof>.
8-8 (2) An authority may acquire or be provided equipment
8-9 or refueling facilities necessary to operate <such> vehicles using
8-10 an <compressed natural gas or other> alternative fuel <fuels>:
8-11 (A) by purchase or lease as authorized by law;
8-12 (B) by gift or loan of the equipment or
8-13 facilities; or
8-14 (C) by gift or loan of the equipment or
8-15 facilities or other arrangement pursuant to a service contract for
8-16 the supply of <compressed natural gas or other> alternative fuels.
8-17 (3) If such equipment or facilities are donated,
8-18 loaned, or provided through other arrangement with the supplier of
8-19 <compressed natural gas or other> alternative fuels, the supplier
8-20 shall be entitled to recoup its actual cost of donating, loaning,
8-21 or providing the equipment or facilities through its fuel charges
8-22 under the supply contract.
8-23 (4) An authority may make exceptions to the
8-24 requirements of this subsection if the authority certifies that:
8-25 (A) the authority's vehicles will be operating
8-26 primarily in an area in which neither the authority nor a supplier
8-27 has or can reasonably be expected to establish a central refueling
8-28 station for <compressed natural gas or other> alternative fuels; or
8-29 (B) the authority is unable to acquire or be
8-30 provided equipment or refueling facilities necessary to operate
8-31 vehicles using <compressed natural gas or other> alternative fuels
8-32 at a projected cost that is reasonably expected to result in no
8-33 greater net costs than the continued use of conventional
8-34 <traditional> gasoline or diesel fuels, measured over the expected
8-35 useful life of the equipment or facilities supplied.
8-36 (f)(1) An authority shall achieve the following percentages
8-37 of vehicles capable of using <compressed natural gas or other>
8-38 alternative fuels by the times specified:
8-39 (A) the percentage shall be equal to or greater
8-40 than 30 percent of the number of fleet vehicles operated by
8-41 September 1, 1994; and
8-42 (B) equal to or greater than 50 percent of the
8-43 number of fleet vehicles operated by September 1, 1996.
8-44 (2) The Texas Natural Resource Conservation Commission
8-45 <Air Control Board> must review this alternative fuel use program
8-46 by December 31, 1996, and, if the Texas Natural Resource
8-47 Conservation Commission <Air Control Board> determines that the
8-48 program has been effective in reducing total annual emissions from
8-49 motor vehicles in the area, the authority shall achieve a
8-50 percentage of fleet vehicles capable of using <compressed natural
8-51 gas or other> alternative fuels equal to or greater than 90 percent
8-52 of the number of fleet vehicles operated by September 1, 1998, and
8-53 thereafter.
8-54 (3) The authority must submit to the Texas Natural
8-55 Resource Conservation Commission <Air Control Board> an annual
8-56 report by December 31 of each year showing purchases, leases, and
8-57 conversions of motor vehicles and usage of <compressed natural gas
8-58 or other> alternative fuels and any other relevant information the
8-59 Texas Natural Resource Conservation Commission <Air Control Board>
8-60 may require.
8-61 (g) An authority in the development of the <compressed
8-62 natural gas or other> alternative fuel use program should work with
8-63 vehicle manufacturers and converters, fuel distributors, and others
8-64 to delineate the vehicles to be covered, taking into consideration
8-65 range, specialty uses, fuel availability, vehicle manufacturing and
8-66 conversion capability, safety, resale values, and other relevant
8-67 factors. The authority may meet the percentage requirements of
8-68 this section through the purchase of new vehicles or the conversion
8-69 of existing vehicles, in accordance with federal and state
8-70 requirements and applicable safety laws, to use the alternative
9-1 fuels.
9-2 (h) The authority in purchasing, leasing, maintaining, or
9-3 converting vehicles for <compressed natural gas or other>
9-4 alternative fuel <fuels> use shall comply with all applicable
9-5 safety standards promulgated by the United States Department of
9-6 Transportation and the Railroad Commission of Texas or their
9-7 successor agencies.
9-8 (k) In this section, "alternative fuel" and "conventional
9-9 gasoline" have the meanings assigned by Section 382.131, Health and
9-10 Safety Code.
9-11 SECTION 15. Section 6, Article 1118z, Revised Statutes, is
9-12 amended by amending Subsections (k), (l), and (m) and by adding
9-13 Subsection (p) to read as follows:
9-14 (k)(1) The department may not purchase or lease after
9-15 September 1, 1991, any motor vehicle unless that vehicle is capable
9-16 of using an <compressed natural gas or other> alternative fuel
9-17 <which results in comparably lower emissions of oxides of nitrogen,
9-18 volatile organic compounds, carbon monoxide, or particulates or any
9-19 combination thereof>.
9-20 (2) The department may acquire or be provided
9-21 equipment or refueling facilities necessary to operate <such>
9-22 vehicles using an <compressed natural gas or other> alternative
9-23 fuel <fuels>:
9-24 (A) by purchase or lease as authorized by law;
9-25 (B) by gift or loan of the equipment or
9-26 facilities; or
9-27 (C) by gift or loan of the equipment or
9-28 facilities or other arrangement pursuant to a service contract for
9-29 the supply of <compressed natural gas or other> alternative fuels.
9-30 (3) If such equipment or facilities are donated,
9-31 loaned, or provided through other arrangement with the supplier of
9-32 <compressed natural gas or other> alternative fuels, the supplier
9-33 shall be entitled to recoup its actual cost of donating, loaning,
9-34 or providing the equipment or facilities through its fuel charges
9-35 under the supply contract.
9-36 (4) A department may make exceptions to the
9-37 requirements of this subsection if the department certifies that:
9-38 (A) the department's vehicles will be operating
9-39 primarily in an area in which neither the department nor a supplier
9-40 has or can reasonably be expected to establish a central refueling
9-41 station for <compressed natural gas or other> alternative fuels; or
9-42 (B) the department is unable to acquire or be
9-43 provided equipment or refueling facilities necessary to operate
9-44 vehicles using <compressed natural gas or other> alternative fuels
9-45 at a projected cost that is reasonably expected to result in no
9-46 greater net costs than the continued use of conventional
9-47 <traditional> gasoline or diesel fuels, measured over the expected
9-48 useful life of the equipment or facilities supplied.
9-49 (l)(1) A department shall achieve the following percentages
9-50 of vehicles capable of using an <compressed natural gas or other>
9-51 alternative fuel <fuels> by the times specified:
9-52 (A) the percentage shall be equal to or greater
9-53 than 30 percent of the number of fleet vehicles operated by
9-54 September 1, 1994; and
9-55 (B) equal to or greater than 50 percent of the
9-56 number of fleet vehicles operated by September 1, 1996.
9-57 (2) The Texas Natural Resource Conservation Commission
9-58 <Air Control Board> must review this alternative fuel use program
9-59 by December 31, 1996, and, if the Texas Natural Resource
9-60 Conservation Commission <Air Control Board> determines that the
9-61 program has been effective in reducing total annual emissions from
9-62 motor vehicles in the area, departments shall achieve a percentage
9-63 of fleet vehicles capable of using an <compressed natural gas or
9-64 other> alternative fuel <fuels> equal to or greater than 90 percent
9-65 of the number of fleet vehicles operated by September 1, 1998, and
9-66 thereafter.
9-67 (3) The department must submit to the Texas Natural
9-68 Resource Conservation Commission <Air Control Board> an annual
9-69 report by December 31 of each year showing purchases, leases, and
9-70 conversions of motor vehicles and usage of <compressed natural gas
10-1 or other> alternative fuels and any other relevant information the
10-2 Texas Natural Resource Conservation Commission <Air Control Board>
10-3 may require.
10-4 (m) A department in the development of the <compressed
10-5 natural gas or other> alternative fuel use program should work with
10-6 vehicle manufacturers and converters, fuel distributors, and others
10-7 to delineate the vehicles to be covered, taking into consideration
10-8 range, specialty uses, fuel availability, vehicle manufacturing and
10-9 conversion capability, safety, resale values, and other relevant
10-10 factors. Such department may meet the percentage requirements of
10-11 this section through the purchase of new vehicles or the conversion
10-12 of existing vehicles, in accordance with federal and state
10-13 requirements and applicable safety laws, to use the alternative
10-14 fuels.
10-15 (p) In this section, "alternative fuel" and "conventional
10-16 gasoline" have the meanings assigned by Section 382.131, Health and
10-17 Safety Code.
10-18 SECTION 16. Section 3.29, State Purchasing and General
10-19 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
10-20 amended to read as follows:
10-21 Sec. 3.29. PURCHASE OF PASSENGER VEHICLES. (a) A state
10-22 agency may not purchase or lease a vehicle designed or used
10-23 primarily for the transportation of persons, including a station
10-24 wagon, that has a wheel base longer than 113 inches or that has
10-25 more than 160 SAE net horsepower, except that the vehicle may have
10-26 a wheel base of up to 116 inches or SAE net horsepower of up to 280
10-27 if the vehicle will be converted so that it is capable of using an
10-28 <compressed natural gas or another> alternative fuel <that results
10-29 in comparably lower emissions of oxides of nitrogen, volatile
10-30 organic compounds, carbon monoxide, or particulates>. This
10-31 exception to the wheel base and horsepower limitations applies to a
10-32 state agency regardless of the size of the agency's vehicle fleet.
10-33 The wheel base and horsepower limitations prescribed by this
10-34 subsection do not apply to the purchase or lease of a vehicle to be
10-35 used primarily for criminal law enforcement or a bus, motorcycle,
10-36 pickup, van, truck, three-wheel vehicle, tractor, or ambulance.
10-37 (b)(1) A state agency operating a fleet of more than 15
10-38 vehicles, excluding law enforcement and emergency vehicles, may not
10-39 purchase or lease after September 1, 1991, any motor vehicle unless
10-40 that vehicle is capable of using an <compressed natural gas or
10-41 other> alternative fuel <fuels which result in comparably lower
10-42 emissions of oxides of nitrogen, volatile organic compounds, carbon
10-43 monoxide, or particulates or any combination thereof>.
10-44 (2) A state agency may acquire or be provided
10-45 equipment or refueling facilities necessary to operate <such>
10-46 vehicles using <compressed natural gas or other> alternative fuels:
10-47 (A) by purchase or lease as authorized by law;
10-48 (B) by gift or loan of the equipment or
10-49 facilities; or
10-50 (C) by gift or loan of the equipment or
10-51 facilities or other arrangement pursuant to a service contract for
10-52 the supply of <compressed natural gas or other> alternative fuels.
10-53 (3) If such equipment or facilities are donated,
10-54 loaned, or provided through other arrangement with the supplier of
10-55 <compressed natural gas or other> alternative fuels, the supplier
10-56 shall be entitled to recoup its actual cost of donating, loaning,
10-57 or providing the equipment or facilities through its fuel charges
10-58 under the supply contract.
10-59 (4) The commission may waive the requirements of this
10-60 subsection for any state agency upon receipt of certification
10-61 supported by evidence acceptable to the commission that:
10-62 (A) the agency's vehicles will be operating
10-63 primarily in an area in which neither the agency nor a supplier has
10-64 or can reasonably be expected to establish a central refueling
10-65 station for <compressed natural gas or other> alternative fuels; or
10-66 (B) the agency is unable to acquire or be
10-67 provided equipment or refueling facilities necessary to operate
10-68 vehicles using <compressed natural gas or other> alternative fuels
10-69 at a projected cost that is reasonably expected to result in no
10-70 greater net costs than the continued use of conventional
11-1 <traditional> gasoline or diesel fuels, measured over the expected
11-2 useful life of the equipment or facilities supplied.
11-3 (c)(1) Any state agency which operates a fleet of more than
11-4 15 motor vehicles, excluding law enforcement and emergency
11-5 vehicles, shall achieve the following percentages of vehicles
11-6 capable of using <compressed natural gas or other> alternative
11-7 fuels by the times specified:
11-8 (A) the percentage shall be equal to or greater
11-9 than 30 percent of the number of fleet vehicles operated by
11-10 September 1, 1994; and
11-11 (B) equal to or greater than 50 percent of the
11-12 number of fleet vehicles operated by September 1, 1996.
11-13 (2) The Texas Natural Resource Conservation Commission
11-14 <Air Control Board> must review this alternative fuel use program
11-15 by December 31, 1996, and, if the Texas Natural Resource
11-16 Conservation Commission <Air Control Board> determines that the
11-17 program has been effective in reducing total annual emissions from
11-18 motor vehicles in the area, state agencies operating fleets of more
11-19 than 15 motor vehicles shall achieve a percentage of fleet vehicles
11-20 capable of using <compressed natural gas or other> alternative
11-21 fuels equal to or greater than 90 percent of the number of fleet
11-22 vehicles operated by September 1, 1998, and thereafter.
11-23 (3) The commission shall support the Texas Natural
11-24 Resource Conservation Commission <Air Control Board> in collecting
11-25 reasonable information needed to determine the air quality benefits
11-26 from use of alternative fuels at affected agencies.
11-27 (4) Each state agency in its annual financial report
11-28 to the legislature must show its progress in achieving these
11-29 percentage requirements by itemizing purchases, leases, and
11-30 conversions of motor vehicles and usage of <compressed natural gas
11-31 or other> alternative fuels.
11-32 (d) The commission, in the development of the <compressed
11-33 natural gas or other> alternative fuel use program, should work
11-34 with state agency fleet operators, vehicle manufacturers and
11-35 converters, fuel distributors, and others to delineate the vehicles
11-36 to be covered, taking into consideration range, specialty uses,
11-37 fuel availability, vehicle manufacturing and conversion capability,
11-38 safety, resale values, and other relevant factors. State agencies
11-39 may meet the percentage requirements of this section through
11-40 purchase of new vehicles or the conversion of existing vehicles, in
11-41 accordance with federal and state requirements and applicable
11-42 safety laws, to use the alternative fuels.
11-43 (e) The commission may reduce any percentage specified or
11-44 waive the requirements of Subsection (c) of this section for any
11-45 state agency upon receipt of certification supported by evidence
11-46 acceptable to the commission that:
11-47 (1) the agency's vehicles will be operating primarily
11-48 in an area in which neither the agency nor a supplier has or can
11-49 reasonably be expected to establish a central refueling station for
11-50 <compressed natural gas or other> alternative fuels; or
11-51 (2) the agency is unable to acquire or be provided
11-52 equipment or refueling facilities necessary to operate vehicles
11-53 using <compressed natural gas or other> alternative fuels at a
11-54 projected cost that is reasonably expected to result in no greater
11-55 net costs than the continued use of conventional <traditional>
11-56 gasoline or diesel fuels, measured over the expected useful life of
11-57 the equipment or facilities supplied.
11-58 (f) The commission in purchasing, leasing, maintaining, or
11-59 converting vehicles for <compressed natural gas or other>
11-60 alternative fuels use shall comply with all applicable safety
11-61 standards promulgated by the United States Department of
11-62 Transportation and the Railroad Commission of Texas or their
11-63 successor agencies.
11-64 (g) In this section, a vehicle is considered to be capable
11-65 of using an <compressed natural gas or other> alternative fuel
11-66 <fuels> if the vehicle is capable of using an <compressed natural
11-67 gas or other> alternative fuel <fuels> either in its original
11-68 equipment engine or in an engine that has been converted to use an
11-69 <compressed natural gas or other> alternative fuel <fuels> after
11-70 September 1, 1991, unless the time for compliance is extended
12-1 pursuant to Subsection (h) of this section.
12-2 (h) The commission may extend the date by which a vehicle
12-3 powered by an engine fueled by conventional <a traditional>
12-4 gasoline or diesel fuel <engine> shall be capable of using an
12-5 <compressed natural gas or other> alternative fuel <fuels> as
12-6 required under this section for one or more periods of 90 days, but
12-7 not beyond September 1, 1992, if it finds a lack of ability to
12-8 acquire such vehicles with original alternative fuels equipment, to
12-9 acquire such vehicles which are able to be converted, or to convert
12-10 such vehicles to use an <compressed natural gas or other>
12-11 alternative fuel <fuels>.
12-12 (i) In this section, "alternative fuel" and "conventional
12-13 gasoline" have the meanings assigned by Section 382.131, Health and
12-14 Safety Code.
12-15 SECTION 17. The Texas Natural Resource Conservation
12-16 Commission shall adopt rules to implement Section 382.142, Health
12-17 and Safety Code, as added by this Act, not later than September 1,
12-18 1997.
12-19 SECTION 18. This Act takes effect September 1, 1995.
12-20 SECTION 19. The importance of this legislation and the
12-21 crowded condition of the calendars in both houses create an
12-22 emergency and an imperative public necessity that the
12-23 constitutional rule requiring bills to be read on three several
12-24 days in each house be suspended, and this rule is hereby suspended.
12-25 * * * * *