77R12296 JAT-F
By Hope H.B. No. 3284
Substitute the following for H.B. No. 3284:
By Bonnen C.S.H.B. No. 3284
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to emissions requirements for certain motor vehicles in a
1-3 fleet.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1232.104(a), Government Code, is amended
1-6 to read as follows:
1-7 (a) If the authority determines that a project is
1-8 financially viable and sufficient revenue is or will be available,
1-9 the authority may issue and sell obligations the proceeds of which
1-10 shall be used for the financing of:
1-11 (1) the conversion of state agency vehicles and other
1-12 sources of substantial energy output to an alternative fuel [under
1-13 Subchapter A, Chapter 2158];
1-14 (2) the construction, acquisition, or maintenance by
1-15 the commission of fueling stations supplying alternative fuels or
1-16 equipment enhancing the use of engine-driven technology to support
1-17 state agency vehicles and other energy applications that use an
1-18 alternative fuel;
1-19 (3) the conversion of school district motor vehicles
1-20 and other sources of substantial energy output to an alternative
1-21 fuel;
1-22 (4) the construction, acquisition, or maintenance by a
1-23 school district of fueling stations supplying alternative fuels or
1-24 equipment enhancing the use of engine-driven technology to support
2-1 school district motor vehicles and other energy applications that
2-2 use an alternative fuel;
2-3 (5) the conversion of local mass transit authority or
2-4 department motor vehicles and other sources of substantial energy
2-5 output to an alternative fuel [under Chapters 451, 452, and 453,
2-6 Transportation Code];
2-7 (6) the construction, acquisition, or maintenance of
2-8 fueling stations supplying alternative fuels or equipment enhancing
2-9 the use of engine-driven technology by a local mass transit
2-10 authority or department to support transit authority or department
2-11 vehicles and other energy applications that use an alternative
2-12 fuel;
2-13 (7) the conversion of motor vehicles and other sources
2-14 of substantial energy output of a county, a municipality, or a
2-15 public health district established under Chapter 121, [local
2-16 government, as defined by Section 382.003,] Health and Safety Code,
2-17 to an alternative fuel [under Section 382.134, Health and Safety
2-18 Code];
2-19 (8) [as required by Subchapter A, Chapter
3-24 2158].
3-25 SECTION 3. Chapter 382, Health and Safety Code, is amended by
3-26 adding Subchapter G to read as follows:
3-27 SUBCHAPTER G. TEXAS CLEAN FLEET PROGRAM
4-1 Sec. 382.151. DEFINITIONS. In this subchapter:
4-2 (1) "Affected area" means the following counties:
4-3 Anderson, Angelina, Aransas, Atascosa, Austin, Bastrop, Bee, Bell,
4-4 Bexar, Bosque, Bowie, Brazoria, Brazos, Burleson, Caldwell,
4-5 Calhoun, Camp, Cass, Chambers, Cherokee, Collin, Colorado, Comal,
4-6 Cooke, Coryell, Dallas, De Witt, Delta, Denton, Ellis, El Paso,
4-7 Falls, Fannin, Fayette, Fort Bend, Franklin, Freestone, Galveston,
4-8 Goliad, Gonzales, Grayson, Gregg, Grimes, Guadalupe, Hardin,
4-9 Harris, Harrison, Hays, Henderson, Hill, Hood, Hopkins, Houston,
4-10 Hunt, Jackson, Jasper, Jefferson, Johnson, Karnes, Kaufman, Lamar,
4-11 Lavaca, Lee, Leon, Liberty, Limestone, Live Oak, Madison, Marion,
4-12 Matagorda, McLennan, Milam, Montgomery, Morris, Nacogdoches,
4-13 Navarro, Newton, Nueces, Orange, Panola, Parker, Polk, Rains, Red
4-14 River, Refugio, Robertson, Rockwall, Rusk, Sabine, San Jacinto, San
4-15 Patricio, San Augustine, Shelby, Smith, Somervell, Tarrant, Titus,
4-16 Travis, Trinity, Tyler, Upshur, Van Zandt, Victoria, Walker,
4-17 Waller, Washington, Wharton, Williamson, Wilson, Wise, and Wood.
4-18 (2) "Annually" means the 12-month period from
4-19 September 1 through August 31.
4-20 (3) "Lease" means the exclusive use and control of a
4-21 motor vehicle pursuant to a contractual agreement for a term of 120
4-22 days or more for consideration.
4-23 (4) "Local government" means a school district,
4-24 county, municipality, junior college district, river authority, or
4-25 any other special district, or political subdivision created under
4-26 the constitution or a statute of this state. The term does not
4-27 include a mass transit authority or a state agency.
5-1 (5) "Mass transit authority" means a transportation or
5-2 transit authority or a department established under Chapter 451,
5-3 452, 453, or 457, Transportation Code, that operates a mass transit
5-4 system.
5-5 (6) "Motor vehicle" means a self-propelled device
5-6 designed to transport persons or property on a highway that is
5-7 required to be registered under Chapter 502, Transportation Code,
5-8 and that has a gross vehicle weight rating of 10,000 pounds or
5-9 less. The term does not include:
5-10 (A) a motor vehicle used exclusively for law
5-11 enforcement or emergency purposes;
5-12 (B) a motor vehicle used in the maintenance or
5-13 repair of underground mass transit facilities that is required by
5-14 federal law to operate on diesel fuel;
5-15 (C) a motor vehicle used for manufacturer
5-16 product evaluations or tests, including a motor vehicle owned or
5-17 held by a university research department, independent testing
5-18 laboratory, another evaluation facility, or a state agency whose
5-19 primary purpose is to evaluate performance of motor vehicles for
5-20 engineering, research, and development or quality control reasons;
5-21 or
5-22 (D) a motor vehicle held for sale by a motor
5-23 vehicle dealer, including a demonstration vehicle.
5-24 (7) "State agency" means a board, commission,
5-25 department, office, agency, institution of higher education, or
5-26 other governmental entity in the executive, judicial, or
5-27 legislative branch of state government.
6-1 Sec. 382.152. APPLICABILITY. This subchapter applies only
6-2 to:
6-3 (1) a state agency that owns, operates, or leases a
6-4 fleet of 15 or more motor vehicles in this state;
6-5 (2) a local government that owns, operates, or leases
6-6 a fleet of 25 or more motor vehicles in an affected area;
6-7 (3) a mass transit authority that owns, operates, or
6-8 leases a fleet of 25 or more vehicles in an affected area; or
6-9 (4) any other person who owns, operates, or leases a
6-10 fleet of 25 or more motor vehicles.
6-11 Sec. 382.153. PURCHASING AND LEASING REQUIREMENTS. (a) The
6-12 following percentages of motor vehicles purchased or leased
6-13 annually by a state agency, mass transit authority, local
6-14 government, or other person may not exceed an average of oxides of
6-15 nitrogen standards of bin 3, 40 C.F.R. 86.1811-04 as published in
6-16 the February 10, 2000, Federal Register for Tier 2 exhaust emission
6-17 standards:
6-18 (1) 25 percent of vehicles purchased or leased on or
6-19 after September 1, 2003;
6-20 (2) 50 percent of vehicles purchased or leased on or
6-21 after September 1, 2004;
6-22 (3) 65 percent of vehicles purchased or leased on or
6-23 after September 1, 2005;
6-24 (4) 80 percent of vehicles purchased or leased on or
6-25 after September 1, 2006;
6-26 (5) 90 percent of vehicles purchased or leased on or
6-27 after September 1, 2007; and
7-1 (6) 100 percent of vehicles purchased or leased on or
7-2 after September 1, 2008.
7-3 (b) A state agency, mass transit authority, local
7-4 government, or other person may purchase or lease a motor vehicle
7-5 that is converted to a fuel or power source other than gasoline or
7-6 diesel to satisfy the percentage requirements under this section.
7-7 (c) All motor vehicles purchased or leased under this
7-8 section must be certified to meet the federal Tier 2 exhaust
7-9 emission bin standards.
7-10 (d) The commission may waive the requirements of this
7-11 section or reduce the percentage requirements of this section if:
7-12 (1) the state agency, mass transit authority, local
7-13 government, or any other person demonstrates by evidence acceptable
7-14 to the commission that motor vehicles that meet the specific
7-15 average exhaust emission standard for oxides of nitrogen under
7-16 Subsection (a) are not available for purchase or lease in this
7-17 state; or
7-18 (2) a mass transit authority demonstrates by evidence
7-19 acceptable to the commission that complying with the requirements
7-20 would unduly compromise a public transportation alternative that
7-21 reduces motor vehicle miles travelled.
7-22 Sec. 382.154. ADOPTION OF RULES. The commission shall adopt
7-23 rules to implement this subchapter.
7-24 Sec. 382.155. REPORTING REQUIREMENTS. The commission by rule
7-25 shall require each state agency, mass transit authority, local
7-26 government, or other person to whom this subchapter applies to
7-27 maintain records and submit reports to demonstrate compliance with
8-1 this subchapter.
8-2 Sec. 382.156. RELATIONSHIP TO OTHER LAW. This subchapter
8-3 does not require the purchase or lease of a motor vehicle in
8-4 violation of the alternative fuel transportation program under the
8-5 Energy Policy Act of 1992 (Pub. L. No. 102-486), as amended, or any
8-6 other applicable federal or state law.
8-7 SECTION 4. Section 113.287(e), Natural Resources Code, is
8-8 amended to read as follows:
8-9 (e) A state agency, county, municipality, school district,
8-10 or mass transit authority or department is eligible to receive a
8-11 loan, grant, or other disbursement under this subchapter to carry
8-12 out an eligible conversion or infrastructure project regarding LPG
8-13 or another environmentally beneficial fuel [to comply with fuel
8-14 requirements provided by or by rules adopted under:]
8-15 [(1) Subchapter F, Chapter 382, Health and Safety
8-16 Code;]
8-17 [(2) Subchapter A, Chapter 2158, Government Code;]
8-18 [(3) Subchapter C, Chapter 2171, Government Code;]
8-19 [(4) Subchapter G, Chapter 451, Transportation Code;]
8-20 [(5) Subchapter F, Chapter 452, Transportation Code;
8-21 or]
8-22 [(6) Subchapter F, Chapter 453, Transportation Code].
8-23 SECTION 5. Section 5.178(b), Water Code, is amended to read
8-24 as follows:
8-25 (b) The report due by December 1 of an even-numbered year
8-26 must [shall] include, in addition:
8-27 (1) the commission's recommendations for necessary and
9-1 desirable legislation; and
9-2 (2) the following reports:
9-3 (A) the assessments and reports required by
9-4 Sections 361.0219(c), 361.0232, [361.485,] 361.510, and 371.063,
9-5 [and 382.141,] Health and Safety Code; and
9-6 (B) the reports required by Section 26.0135(d)
9-7 of this code and Section 5.02, Chapter 133, Acts of the 69th
9-8 Legislature, Regular Session, 1985.
9-9 SECTION 6. The following laws are repealed:
9-10 (1) Subchapter A, Chapter 2158, Government Code;
9-11 (2) Subchapter F, Chapter 382, Health and Safety Code;
9-12 (3) Subchapter G, Chapter 451, Transportation Code;
9-13 (4) Subchapter F, Chapter 452, Transportation Code;
9-14 (5) Subchapter F, Chapter 453, Transportation Code;
9-15 and
9-16 (6) Subchapter E, Chapter 457, Transportation Code.
9-17 SECTION 7. The Texas Natural Resource Conservation Commission
9-18 shall examine the feasibility and effectiveness of fleet program
9-19 requirements similar to the requirements under Subchapter G,
9-20 Chapter 382, Health and Safety Code, as added by this Act, for
9-21 motor vehicles that have a gross vehicle weight rating of more than
9-22 10,000 pounds. The commission shall report its findings and
9-23 recommendations to the legislature by December 1, 2002.
9-24 SECTION 8. (a) Except as otherwise provided by Subsection
9-25 (b) of this section, this Act takes effect September 1, 2001.
9-26 (b) Sections 1, 2, 4, 5, and 6 of this Act take effect
9-27 September 1, 2003.