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A BILL TO BE ENTITLED
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AN ACT
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relating to programs for the enhancement of air quality, including |
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energy efficiency standards in state purchasing and energy |
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consumption; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. LOW-INCOME VEHICLE REPAIR ASSISTANCE, RETROFIT, AND |
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ACCELERATED VEHICLE RETIREMENT PROGRAM |
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SECTION 1.01. Section 382.003, Health and Safety Code, is |
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amended by adding Subdivisions (7-a), (9-a), and (10-a) to read as |
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follows: |
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(7-a) "Hybrid motor vehicle" means a motor vehicle |
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that draws propulsion energy from both gasoline or conventional |
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diesel fuel and a rechargeable energy storage system. |
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(9-a) "Motor vehicle" means a fully self-propelled |
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vehicle having four wheels that has as its primary purpose the |
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transport of a person or persons, or property, on a public highway. |
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(10-a) "Qualifying motor vehicle" means a motor |
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vehicle that has a current emissions inspection sticker and meets |
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the requirements of Section 382.210(b). |
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SECTION 1.02. Subsection (b), Section 382.0622, Health and |
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Safety Code, is amended to read as follows: |
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(b) Except as provided by Subsection [Subsections] (b-1) |
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[and (e)], Clean Air Act fees shall be deposited in the state |
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treasury to the credit of the clean air account and shall be used to |
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safeguard the air resources of the state. |
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SECTION 1.03. Subsection (a), Section 382.203, Health and |
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Safety Code, is amended to read as follows: |
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(a) The inspection and maintenance program applies to any |
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[gasoline-powered] vehicle that is: |
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(1) required to be registered in and is primarily |
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operated in an affected county; and |
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(2) at least two years old and newer [less] than model |
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year 1980 [25 years old]; or |
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(3) subject to test-on-resale requirements under |
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Section 548.3011, Transportation Code. |
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SECTION 1.04. Section 382.209, Health and Safety Code, is |
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amended by amending Subsections (b), (e), and (g) and adding |
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Subsections (i) and (j) to read as follows: |
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(b) The commission shall provide funding for local |
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low-income vehicle repair assistance, retrofit, and accelerated |
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vehicle retirement programs with available funds collected under |
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Section 382.202, 382.302, or other designated and available funds. |
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The programs shall be administered in accordance with Chapter 783, |
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Government Code. Program [Programmatic] costs may include call |
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center management, application oversight, invoice analysis, |
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education, outreach, and advertising. In a county with a vehicle |
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emissions inspection and maintenance program under Section |
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382.202, not more than 10 percent of the money provided to a local |
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low-income vehicle repair assistance, retrofit, and accelerated |
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vehicle retirement program under this section may be used for the |
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administration of the programs. In a county with a vehicle |
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emissions inspection and maintenance program under Section |
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382.302, the commission shall provide 10 percent of all the fees |
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collected in that county for a low-income vehicle repair |
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assistance, retrofit, and accelerated vehicle retirement program |
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under this section for the administration of the program. |
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(e) A vehicle is not eligible to participate in a low-income |
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vehicle repair assistance, retrofit, and accelerated vehicle |
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retirement program established under this section unless: |
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(1) the vehicle is capable of being operated; |
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(2) the registration of the vehicle: |
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(A) is current; and |
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(B) reflects that the vehicle has been registered |
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in the county implementing the program for the 12 months preceding |
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the application for participation in the program; |
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(3) the commissioners court of the county |
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administering the program determines that the vehicle meets the |
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eligibility criteria adopted by the commission, the Texas |
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Department of Transportation, and the Public Safety Commission; |
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[and] |
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(4) if the vehicle is to be repaired, the repair is |
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done by a repair facility recognized by the Department of Public |
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Safety, which may be an independent or private entity licensed by |
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the state; and |
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(5) if the vehicle is to be retired under this |
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subsection and Section 382.213, the replacement vehicle is a |
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qualifying motor vehicle. |
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(g) A participating county may contract with any |
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appropriate entity, including the regional council of governments |
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or the metropolitan planning organization in the appropriate |
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region, or with another county for services necessary to implement |
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the participating county's low-income vehicle repair assistance, |
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retrofit, and accelerated vehicle retirement program. The |
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participating counties in a nonattainment region or counties |
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participating in an early action compact under Subchapter H may |
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agree to have the money collected in any one county be used in any |
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other participating county in the same region. [The participating
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counties may also agree to contract with any appropriate entity,
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including the regional metropolitan planning organization or
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council of governments, to implement a program under Section
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382.217.] |
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(i) Notwithstanding the vehicle replacement requirements |
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provided by Subsection (d)(2), the commission by rule may provide |
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monetary or other compensatory assistance under the low-income |
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vehicle repair assistance, retrofit, and accelerated vehicle |
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retirement program, subject to the availability of funds, for the |
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replacement of a vehicle that meets the following criteria: |
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(1) the vehicle is at least 10 years old; |
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(2) the vehicle owner meets applicable financial |
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eligibility criteria; |
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(3) the vehicle meets the requirements provided by |
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Subsections (e)(1) and (2); and |
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(4) the vehicle has passed a Department of Public |
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Safety motor vehicle safety inspection or safety and emissions |
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inspection within the 15-month period before the application is |
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submitted. |
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(j) The commission may provide monetary or other |
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compensatory assistance under the low-income vehicle repair |
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assistance, retrofit, and accelerated vehicle retirement program |
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for a replacement vehicle or replacement assistance for a pre-1996 |
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model year replacement vehicle that passes the required United |
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States Environmental Protection Agency Start-Up Acceleration |
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Simulation Mode Standards emissions test but that would have failed |
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the United States Environmental Protection Agency Final |
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Acceleration Simulation Mode Standards emissions test or failed to |
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meet some other criterion determined by the commission; provided, |
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however, that a replacement vehicle under this subsection must be a |
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qualifying motor vehicle. |
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SECTION 1.05. Section 382.210, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 382.210. IMPLEMENTATION GUIDELINES AND REQUIREMENTS. |
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(a) The commission by rule shall adopt guidelines to assist a |
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participating county in implementing a low-income vehicle repair |
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assistance, retrofit, and accelerated vehicle retirement program |
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authorized under Section 382.209. The guidelines at a minimum |
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shall recommend: |
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(1) a minimum and maximum amount for repair |
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assistance; |
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(2) a minimum and maximum amount toward the purchase |
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price of a replacement vehicle qualified for the accelerated |
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retirement program, based on vehicle type and model year, with the |
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maximum amount not to exceed: |
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(A) $3,000 for a replacement vehicle of the |
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latest model year, except as provided by Paragraph E; |
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(B) $2,500 for a replacement vehicle of the |
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previous two model years, except as provided by Paragraph F; |
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(C) $2,000 for a replacement vehicle the model |
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year of which is more than two years but is five years or less before |
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the year in which the vehicle is purchased as a replacement vehicle, |
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except as provided by Paragraph F; |
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(D) $1,500 for a replacement vehicle the model |
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year of which is more than five years but is 10 years or less before |
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the year in which the vehicle is purchased as a replacement vehicle; |
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(E) $5,000 for a replacement hybrid motor vehicle |
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of the latest model year; and |
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(F) $3,500 for a replacement hybrid motor vehicle |
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of the preceding five model years; |
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(3) criteria for determining eligibility, taking into |
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account: |
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(A) the vehicle owner's income, provided that an |
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eligible vehicle owner's income may not exceed 300 percent of the |
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federal poverty level; |
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(B) the fair market value of the vehicle; and |
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(C) any other relevant considerations; |
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(4) safeguards for preventing fraud in the repair, |
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purchase, or sale of a vehicle in the program; and |
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(5) procedures for determining the degree and amount |
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of repair assistance a vehicle is allowed, based on: |
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(A) the amount of money the vehicle owner has |
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spent on repairs; |
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(B) the vehicle owner's income; and |
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(C) any other relevant factors. |
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(b) A replacement vehicle described by Subsection (a)(2) |
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must have a gross vehicle weight rating of less than 10,000 pounds. |
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(c) A participating county shall provide an electronic |
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means for distributing vehicle repair or replacement funds once all |
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program criteria have been met with regard to the repair or |
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replacement. The county shall ensure that funds are transferred to |
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a participating dealer under this section not later than five |
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business days after the date the county receives proof of the sale |
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and any required administrative documents from the participating |
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dealer. |
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(d) In rules adopted under this section, the commission |
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shall require a procedure that: |
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(1) produces a document confirming that a person is |
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eligible to purchase a replacement vehicle in the manner provided |
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by this chapter, and the amount of money available to the |
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participating purchaser; |
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(2) provides that a person who seeks to purchase a |
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replacement vehicle in the manner provided by this chapter is |
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required to have the document required by Subdivision (1) before |
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the person enters into negotiation for a replacement vehicle in the |
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manner provided by this chapter; and |
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(3) provides that a participating dealer who relies on |
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a document issued as required by Subdivision (1) has no duty to |
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otherwise confirm the eligibility of a person to purchase a |
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replacement vehicle in the manner provided by this chapter. |
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SECTION 1.06. Section 382.213, Health and Safety Code, is |
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amended by adding Subsections (d) through (i) to read as follows: |
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(d) Notwithstanding Subsection (a)(3), the dismantler of a |
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vehicle shall scrap the emissions control equipment, power train, |
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and engine. The dismantler shall certify that those parts have been |
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scrapped and not resold into the marketplace. A person who causes, |
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suffers, allows, or permits a violation of this subsection or of a |
|
rule adopted under this section is subject to a civil penalty under |
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Subchapter D, Chapter 7, Water Code, for each violation. For |
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purposes of this subsection, a separate violation occurs with each |
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fraudulent certification or prohibited resale. |
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(e) Except as provided by Subsection (d), vehicle parts may |
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be resold in any state. |
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(f) Any dismantling of vehicles or salvaging of steel under |
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this section must be performed at a facility located in this state. |
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(g) In dismantling a vehicle under this section, the |
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dismantler shall remove any mercury switches in accordance with |
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state and federal law. |
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(h) For purposes of this section, the commission shall adopt |
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rules defining "emissions control equipment," "power train," and |
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"engine." |
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(i) Notwithstanding any other provision of this section, |
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and except as provided by this subsection, a dealer is in compliance |
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with this section and incurs no civil or criminal liability as a |
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result of the disposal of a replaced vehicle if the dealer produces |
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proof of transfer of the replaced vehicle by the dealer to a |
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dismantler. The defense provided by this subsection is not |
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available to a dealer who knowingly and intentionally conspires |
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with another person to violate this section. |
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SECTION 1.07. Subchapter G, Chapter 382, Health and Safety |
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Code, is amended by adding Section 382.219 to read as follows: |
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Sec. 382.219. PURCHASE OF REPLACEMENT VEHICLE; AUTOMOBILE |
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DEALERSHIPS. (a) An amount described by Section 382.210(a)(2) may |
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be used as a down payment toward the purchase of a replacement |
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vehicle. |
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(b) An automobile dealer that participates in the |
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procedures and programs offered by this chapter must be located in |
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this state. A dealer is not required to participate in the |
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procedures and programs provided by this chapter. |
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SECTION 1.08. Subchapter G, Chapter 382, Health and Safety |
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Code, is amended by adding Section 382.220 to read as follows: |
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Sec. 382.220. USE OF FUNDING FOR LOCAL INITIATIVE PROJECTS. |
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(a) Money that is made available to participating counties under |
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Section 382.202(g) or 382.302 may be appropriated only for programs |
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administered in accordance with Chapter 783, Government Code, to |
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improve air quality. A participating county may agree to contract |
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with any appropriate entity, including a metropolitan planning |
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organization or a council of governments to implement a program |
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under Section 382.202, 382.209, or this section. |
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(b) A program under this section must be implemented in |
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consultation with the commission and may include a program to: |
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(1) expand and enhance the AirCheck Texas Repair and |
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Replacement Assistance Program; |
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(2) develop and implement a program or system that |
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remotely determines vehicle emissions and notifies the vehicle's |
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operator; |
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(3) develop and implement projects to implement the |
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commission's smoking vehicle program; |
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(4) develop and implement projects for coordinating |
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with local law enforcement officials to reduce the use of |
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counterfeit state inspection stickers by providing local law |
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enforcement officials with funds to identify vehicles with |
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counterfeit state inspection stickers and to carry out appropriate |
|
actions; |
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(5) develop and implement programs to enhance |
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transportation system improvements; or |
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(6) develop and implement new air control strategies |
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designed to assist local areas in complying with state and federal |
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air quality rules and regulations. |
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(c) Money that is made available for the implementation of a |
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program under Subsection (b) may be expended for call center |
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management, application oversight, invoice analysis, education, |
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outreach, or advertising purposes. |
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(d) Fees collected under Sections 382.202 and 382.302 may be |
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used, in an amount not to exceed $10 million per fiscal year, for |
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projects described by Subsection (b). The fees may be made |
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available only to counties participating in the low-income vehicle |
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repair assistance, retrofit, and accelerated vehicle retirement |
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programs created under Section 382.209. |
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SECTION 1.09. Subsection (b), Section 152.002, Tax Code, is |
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amended to read as follows: |
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(b) "Total consideration" does not include: |
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(1) a cash discount; |
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(2) a full cash or credit refund to a customer of the |
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sales price of a motor vehicle returned to the seller; |
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(3) the amount charged for labor or service rendered |
|
in installing, applying, remodeling, or repairing the motor vehicle |
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sold; |
|
(4) a financing, carrying, or service charge or |
|
interest on credit extended on a motor vehicle sold under a |
|
conditional sale or other deferred payment contract; |
|
(5) the value of a motor vehicle taken by a seller as |
|
all or a part of the consideration for sale of another motor |
|
vehicle, including any cash payment to the buyer under Section |
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348.404, Finance Code; |
|
(6) a charge for transportation of the motor vehicle |
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after a sale; [or] |
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(7) motor vehicle inventory tax; or |
|
(8) an amount made available to the customer under |
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Subchapter G, Chapter 382, Health and Safety Code. |
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SECTION 1.10. Section 7.102, Water Code, is amended to read |
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as follows: |
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Sec. 7.102. MAXIMUM PENALTY. A person who causes, suffers, |
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allows, or permits a violation of a statute, rule, order, or permit |
|
relating to Chapter 37 of this code, Chapter 366, 371, or 372, |
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Health and Safety Code, Subchapter G, Chapter 382, Health and |
|
Safety Code, or Chapter 1903, Occupations Code, shall be assessed |
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for each violation a civil penalty not less than $50 nor greater |
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than $5,000 for each day of each violation as the court or jury |
|
considers proper. A person who causes, suffers, allows, or permits |
|
a violation of a statute, rule, order, or permit relating to any |
|
other matter within the commission's jurisdiction to enforce, other |
|
than violations of Chapter 11, 12, 13, 16, or 36 of this code, or |
|
Chapter 341, Health and Safety Code, shall be assessed for each |
|
violation a civil penalty not less than $50 nor greater than $25,000 |
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for each day of each violation as the court or jury considers |
|
proper. Each day of a continuing violation is a separate violation. |
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SECTION 1.11. The following provisions of the Health and |
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Safety Code are repealed: |
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(1) Subsection (e), Section 382.0622; |
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(2) Subsections (q) and (r), Section 382.202; and |
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(3) Section 382.217. |
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SECTION 1.12. The Texas Commission on Environmental Quality |
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shall review its current cutpoint levels for nitrogen oxide |
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emissions and determine whether a lower cutpoint standard would |
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best serve the interest of the public health and welfare. The |
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determination shall be made by rule not later than January 1, 2008. |
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If the commission adopts a lower cutpoint standard, the commission |
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shall make the low-income vehicle repair assistance, retrofit, and |
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accelerated vehicle retirement program under Section 382.209, |
|
Health and Safety Code, as amended by this article, available to |
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owners of vehicles that did not meet the prior, more stringent |
|
standard. |
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SECTION 1.13. (a) The Texas Commission on Environmental |
|
Quality shall seek to work in partnership with automobile |
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manufacturers and dealers in the state to increase public awareness |
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of and participation in the low-income vehicle repair assistance, |
|
retrofit, and accelerated vehicle retirement program under Section |
|
382.209, Health and Safety Code, as amended by this article. |
|
(b) Funding for the partnership described by Subsection (a) |
|
of this section shall be used exclusively for the purpose of |
|
publicizing the program. |
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SECTION 1.14. (a) The Texas Commission on Environmental |
|
Quality shall seek to work in partnership with the steel industry |
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and automobile dismantlers to ensure that vehicles being replaced |
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are scrapped and that proof of scrapping is provided to the |
|
commission. |
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(b) Not later than January 1, 2008, the Texas Commission on |
|
Environmental Quality shall adopt procedures for certifying that |
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emissions control equipment and vehicle engines have been scrapped |
|
and not resold into the marketplace and shall by rule define |
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"emissions control equipment," "power train," and "engine," as |
|
required by Section 382.213, Health and Safety Code, as amended by |
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this article. |
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ARTICLE 2. TEXAS EMISSIONS REDUCTION PLAN |
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SECTION 2.01. Section 386.002, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 386.002. EXPIRATION. This chapter expires August 31, |
|
2013 [2010]. |
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SECTION 2.02. Subsection (a), Section 386.052, Health and |
|
Safety Code, is amended to read as follows: |
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(a) In administering the plan established under this |
|
chapter and in accordance with the requirements of this chapter, |
|
the commission shall: |
|
(1) manage plan funds and oversee the plan; |
|
(2) produce guidelines, protocols, and criteria for |
|
eligible projects; |
|
(3) develop methodologies for evaluating project |
|
cost-effectiveness; |
|
(4) prepare reports regarding the progress and |
|
effectiveness of the plan; [and] |
|
(5) take all appropriate and necessary actions so that |
|
emissions reductions achieved through the plan are credited by the |
|
United States Environmental Protection Agency to the appropriate |
|
emissions reduction objectives in the state implementation plan; |
|
and |
|
(6) hire staff and consultants needed to complete the |
|
commission's duties under this section and ensure timely review of |
|
applications and reimbursement of grant applicants' eligible |
|
project costs. |
|
SECTION 2.03. Subsection (d), Section 386.053, Health and |
|
Safety Code, is amended to read as follows: |
|
(d) The commission may propose revisions to the guidelines |
|
and criteria adopted under this section as necessary to improve the |
|
ability of the plan to achieve its goals. Revisions may include, |
|
among other changes, adding additional pollutants, adding |
|
stationary engines or engines used in stationary applications, |
|
adding vehicles and equipment that use fuels other than diesel, or |
|
adjusting eligible program categories, as appropriate, to ensure |
|
that incentives established under this chapter achieve the maximum |
|
possible emissions reductions. The commission shall make a |
|
proposed revision available to the public before the 30th [45th] |
|
day preceding the date of final adoption of the revision and shall |
|
hold at least one public meeting to consider public comments on the |
|
proposed revision before final adoption. |
|
SECTION 2.04. Subsection (c), Section 386.104, Health and |
|
Safety Code, is amended to read as follows: |
|
(c) For a proposed project as described by Section |
|
386.102(b), other than a project involving a marine vessel or |
|
engine, not less than 50 [75] percent of vehicle miles traveled or |
|
hours of operation projected for the five years immediately |
|
following the award of a grant must be projected to take place in a |
|
nonattainment area or affected county of this state. The |
|
commission may also allow vehicle travel on highways and roadways, |
|
or portions of a highway or roadway, designated by the commission |
|
and located outside a nonattainment area or affected county to |
|
count towards the percentage of use requirement in this subsection. |
|
For a proposed project involving a marine vessel or engine, the |
|
vessel or engine must be operated in the intercoastal waterways or |
|
bays adjacent to or in an area within nine miles of a nonattainment |
|
area or affected county of this state for a sufficient amount of |
|
time over the lifetime of the project, as determined by the |
|
commission, to meet the cost-effectiveness requirements of Section |
|
386.105. |
|
SECTION 2.05. Subsection (a), Section 386.106, Health and |
|
Safety Code, is amended to read as follows: |
|
(a) Except as provided by Section 386.107 and except for |
|
infrastructure projects and infrastructure purchases that are part |
|
of a broader retrofit, repower, replacement, or add-on equipment |
|
project, the commission may not award a grant for a proposed project |
|
the cost-effectiveness of which, calculated in accordance with |
|
Section 386.105 and criteria developed under that section, exceeds |
|
$15,000 [$13,000] per ton of oxides of nitrogen emissions reduced |
|
in the nonattainment area or affected county for which the project |
|
is proposed. This subsection does not restrict commission |
|
authority under other law to require emissions reductions with a |
|
cost-effectiveness that exceeds $15,000 [$13,000] per ton. |
|
SECTION 2.06. Section 386.109, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 386.109. ELIGIBLE INFRASTRUCTURE PROJECTS. (a) The |
|
commission may consider for funding under Section 386.108: |
|
(1) the purchase and installation at a site of |
|
equipment that is designed primarily to dispense qualifying fuel, |
|
other than standard gasoline or diesel, or the purchase of on-site |
|
mobile fueling equipment; |
|
(2) infrastructure projects, including auxiliary |
|
power units, designed to dispense electricity to: |
|
(A) motor vehicles; |
|
(B) [and] on-road and non-road diesels; and |
|
(C) marine vessels; and |
|
(3) a project that involves a technology that allows a |
|
vehicle to replace with electric power, while the vehicle is |
|
parked, the power normally supplied by the vehicle's internal |
|
combustion engine. |
|
(b) The commission may provide funding to other state |
|
agencies to implement projects under Subsection (a)(3), including |
|
funding for the lease, purchase, or installation of idle reduction |
|
technologies and facilities at rest areas and other public |
|
facilities on major highway transportation routes located in areas |
|
eligible for funding or for marine vessels operating on water |
|
routes eligible for funding. Funding under this subsection may |
|
include reasonable operational costs determined by the commission |
|
to be needed for the initial start-up and proper operation of the |
|
idle reduction technologies. The state agency leasing, owning, or |
|
operating the idle reduction facility constructed with funds |
|
provided under this subsection may, but is not required to, charge |
|
reasonable fees for the provision of idle reduction services |
|
provided that those fees are used to directly offset the cost of |
|
providing the services. |
|
(c) In evaluating a request for funding of an eligible |
|
infrastructure project, the commission shall encourage the use of a |
|
technology that allows a vehicle to replace with electric power, |
|
while the vehicle is parked, the power normally supplied by the |
|
vehicle's internal combustion engine at the state's ports and |
|
border crossings in affected areas. |
|
SECTION 2.07. Section 386.117, Health and Safety Code, is |
|
amended by amending Subsections (a) and (c) and adding Subsections |
|
(e) and (f) to read as follows: |
|
(a) The commission shall adopt a process for awarding grants |
|
under this subchapter in the form of rebates to streamline the grant |
|
application, contracting, reimbursement, and reporting processes |
|
for certain projects. The process adopted under this section must: |
|
(1) designate certain types of projects, such as |
|
repowers, replacements, and retrofits, as eligible for rebates; |
|
(2) project standardized oxides of nitrogen emissions |
|
reductions for each designated project type; |
|
(3) assign a standardized rebate amount for each |
|
designated project type; |
|
(4) process and fund [allow for processing] rebates on |
|
an ongoing first-come, first-served basis; [and] |
|
(5) set aside funds for projects with non-road engines |
|
used in construction or related activities; |
|
(6) encourage projects with non-road engines used in |
|
construction or related activities by ensuring that the percentage |
|
of rebate grant funding for those projects is commensurate with the |
|
percentage of emissions sources in the mobile inventory in the |
|
state implementation plan or early action compact, as applicable, |
|
that are non-road engines used in construction or related |
|
activities; and |
|
(7) consolidate, simplify, and reduce the |
|
administrative work for applicants and the commission associated |
|
with grant application, contracting, reimbursement, and reporting |
|
processes for designated project types. |
|
(c) The commission may award rebate grants [as a pilot
|
|
project] for a specific region or may award the grants statewide. |
|
(e) The commission shall: |
|
(1) investigate the requirements for establishing an |
|
Internet-based application process for rebate grants and report |
|
those requirements to the legislature not later than December 31, |
|
2007; or |
|
(2) implement an Internet-based application process |
|
for rebate grants not later than June 1, 2008. |
|
(f) The commission or its designee shall notify potential |
|
applicants of any changes to the rebate grant process by its e-mail |
|
list service and posting those changes on its Internet website at |
|
least 30 days before the changes become effective. |
|
SECTION 2.08. Subsection (b), Section 386.251, Health and |
|
Safety Code, is amended to read as follows: |
|
(b) The fund is administered by the commission |
|
[comptroller] for the benefit of the plan established under this |
|
chapter. The fund is exempt from the application of Section |
|
403.095, Government Code. Interest earned on the fund shall be |
|
credited to the fund. |
|
SECTION 2.09. Subsection (a), Section 386.252, Health and |
|
Safety Code, as amended by Section 3, Chapter 766, Section 3, |
|
Chapter 1095, and Section 11, Chapter 1125, Acts of the 79th |
|
Legislature, Regular Session, 2005, is reenacted and amended to |
|
read as follows: |
|
(a) Money in the fund may be used only to implement and |
|
administer programs established under the plan and shall be |
|
allocated as follows: |
|
(1) for the diesel emissions reduction incentive |
|
program, 87.5 percent of the money in the fund, of which not more |
|
than four percent may be used for the clean school bus program and |
|
not more than 10 percent may be used for on-road diesel purchase or |
|
lease incentives; |
|
(2) for the new technology research and development |
|
program, 9.5 percent of the money in the fund, of which up to |
|
$250,000 is allocated for administration, up to $200,000 is |
|
allocated for a health effects study, $500,000 is to be deposited in |
|
the state treasury to the credit of the clean air account created |
|
under Section 382.0622 to supplement funding for air quality |
|
planning activities in affected counties, not less than 20 percent |
|
is to be allocated each year to support research related to air |
|
quality for the Houston-Galveston-Brazoria and Dallas-Fort Worth |
|
nonattainment areas by a nonprofit organization based in Houston of |
|
which $216,000 each year shall be contracted to the Energy Systems |
|
Laboratory at the Texas Engineering Experiment Station for the |
|
development and annual calculation of creditable statewide |
|
emissions reductions obtained through wind and other renewable |
|
energy resources for the State Implementation Plan, and the balance |
|
is to be allocated each year to a [that] nonprofit organization or |
|
an institution of higher education based in Houston to be used to |
|
implement and administer the new technology research and |
|
development program under a contract with the commission for the |
|
purpose of identifying, testing, and evaluating new |
|
emissions-reducing technologies with potential for |
|
commercialization in this state and to facilitate their |
|
certification or verification; and |
|
(3) for administrative costs incurred by the |
|
commission and the laboratory, three percent of the money in the |
|
fund. |
|
SECTION 2.10. Section 387.003, Health and Safety Code, is |
|
amended by amending Subsection (a) and adding Subsections (c) |
|
through (h) to read as follows: |
|
(a) A [The] nonprofit organization or institution of higher |
|
education described by Section 386.252(a)(2), under a contract with |
|
the commission as described by that section, shall establish and |
|
administer a new technology research and development program as |
|
provided by this chapter. The commission may contract with more |
|
than one entity and may limit the amount of each grant contract |
|
accordingly. |
|
(c) The board of directors of a nonprofit organization under |
|
contract with the commission to establish and administer a new |
|
technology research and development program as provided by this |
|
chapter must include not more than three county judges selected |
|
from counties in the Houston-Galveston-Brazoria nonattainment area |
|
and two persons of relevant scientific expertise to be nominated by |
|
the commission. The two persons of relevant scientific expertise |
|
to be nominated by the commission may be employees or officers of |
|
the commission, provided that they do not participate in funding |
|
decisions affecting the granting of funds by the commission to a |
|
nonprofit organization on whose board they serve. |
|
(d) The commission may enter into a grant contract with an |
|
institution of higher education described by Section 386.252(a)(2) |
|
for the institution to operate a testing facility which would be |
|
available for demonstration of eligible projects receiving grants |
|
under this chapter. |
|
(e) The commission shall provide oversight as appropriate |
|
for grants provided to a nonprofit organization under this program. |
|
(f) A nonprofit organization shall submit to the commission |
|
for approval a budget for the disposition of funds granted under |
|
this program. |
|
(g) The commission shall limit the use of grants for |
|
administrative costs incurred by a nonprofit organization to an |
|
amount not to exceed 10 percent of the funding provided to the |
|
nonprofit organization under this program. |
|
(h) A nonprofit organization that receives grants from the |
|
commission under this program is subject to Chapters 551 and 552, |
|
Government Code. |
|
SECTION 2.11. Section 387.004, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 387.004. SOLICITATION OF NEW TECHNOLOGY |
|
PROPOSALS. The commission from time to time shall issue or |
|
contract with a nonprofit organization described by Section |
|
386.252(a)(2) to issue specific requests for proposals (RFPs) or |
|
program opportunity notices (PONs) for technology projects to be |
|
funded under the program. |
|
SECTION 2.12. Section 387.005, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 387.005. ELIGIBLE PROJECTS; PRIORITIES. (a) Grants |
|
awarded under this chapter shall be directed toward a balanced mix |
|
of: |
|
(1) retrofit and add-on technologies and other |
|
advanced technologies that [to] reduce emissions from the existing |
|
stock of engines and vehicles targeted by the Texas emissions |
|
reduction plan; |
|
(2) the establishment of a testing facility to |
|
evaluate retrofits, add-ons, advanced technologies, and fuels, or |
|
combinations of retrofits, add-ons, advanced technologies, and |
|
fuels, to determine their effectiveness in producing emissions |
|
reductions, with emphasis on the reduction of oxides of nitrogen; |
|
and |
|
(3) advanced technologies for new engines and vehicles |
|
that produce very-low or zero emissions of oxides of nitrogen, |
|
including stationary and mobile fuel cells[;
|
|
[(3)
studies to improve air quality assessment and
|
|
modeling; and
|
|
[(4)
advanced technologies that reduce emissions from
|
|
other significant sources]. |
|
(b) The commission, directly or through a nonprofit |
|
organization described by Section 386.252(a)(2), shall identify |
|
and evaluate and may consider making grants for technology projects |
|
that would allow qualifying fuels to be produced from energy |
|
resources in this state. In considering projects under this |
|
subsection, the commission shall give preference to projects |
|
involving otherwise unusable energy resources in this state and |
|
producing qualifying fuels at prices lower than otherwise available |
|
and low enough to make the projects to be funded under the program |
|
economically attractive to local businesses in the area for which |
|
the project is proposed. |
|
(c) In soliciting proposals under Section 387.004 and |
|
determining how to allocate grant money available for projects |
|
under this chapter, the commission shall give special consideration |
|
to advanced technologies and retrofit or add-on projects that |
|
provide multiple benefits by reducing emissions of particulates and |
|
other air pollutants. |
|
(d) A project that involves publicly or privately owned |
|
vehicles or vessels is eligible for funding under this chapter if |
|
the project meets all applicable criteria. |
|
(e) [Studies authorized under Subsection (a)(3) shall be
|
|
consistent with air quality research priorities identified by the
|
|
commission and conducted in an independent and objective manner.
|
|
[(f)] If a commissioner is an employee or owner of an entity |
|
that applies for a grant under this chapter, the commissioner, |
|
before a vote on the grant, shall disclose the fact of the |
|
commissioner's employment or ownership. The disclosure must be |
|
entered into the minutes of the meeting. The commissioner may not |
|
vote on or otherwise participate in the awarding of the grant. If |
|
the commissioner does not comply with this subsection, the entity |
|
is not eligible for the grant. |
|
(f) Selection of grant recipients by a nonprofit |
|
organization described by Section 386.252(a)(2) under contract |
|
with the commission for the purpose of establishing and |
|
administering a new technology research and development program as |
|
provided by this chapter is subject to the commission's review and |
|
to the other requirements of this chapter. A grant contract under |
|
this chapter using funds described by Section 386.252 may not be |
|
made by a nonprofit organization if the commission or executive |
|
director of the commission does not consent to the grant or |
|
contract. |
|
SECTION 2.13. Subsection (d), Section 151.0515, Tax Code, |
|
is amended to read as follows: |
|
(d) This section expires August 31, 2013 [September 30,
|
|
2010]. |
|
SECTION 2.14. Subsection (c), Section 152.0215, Tax Code, |
|
is amended to read as follows: |
|
(c) This section expires August 31, 2013 [September 30,
|
|
2010]. |
|
SECTION 2.15. Subsections (a), (b), and (b-1), Section |
|
501.138, Transportation Code, are amended to read as follows: |
|
(a) An applicant for a certificate of title, other than the |
|
state or a political subdivision of the state, must pay the county |
|
assessor-collector a fee of: |
|
(1) $33 if the applicant's residence is a county |
|
located within a nonattainment area as defined under Section 107(d) |
|
of the federal Clean Air Act (42 U.S.C. Section 7407), as amended, |
|
or is an affected county, as defined by Section 386.001, Health and |
|
Safety Code; or |
|
(2) $28 if the applicant's residence is any other |
|
county[; or
|
|
[(3)
on or after September 1, 2010, $28 regardless of
|
|
the county in which the applicant resides]. |
|
(b) The county assessor-collector shall send: |
|
(1) $5 of the fee to the county treasurer for deposit |
|
in the officers' salary fund; |
|
(2) $8 of the fee to the department: |
|
(A) together with the application within the time |
|
prescribed by Section 501.023; or |
|
(B) if the fee is deposited in an |
|
interest-bearing account or certificate in the county depository or |
|
invested in an investment authorized by Subchapter A, Chapter 2256, |
|
Government Code, not later than the 35th day after the date on which |
|
the fee is received; and |
|
(3) the following amount to the comptroller at the |
|
time and in the manner prescribed by the comptroller: |
|
(A) $20 of the fee if the applicant's residence |
|
is a county located within a nonattainment area as defined under |
|
Section 107(d) of the federal Clean Air Act (42 U.S.C. Section |
|
7407), as amended, or is an affected county, as defined by Section |
|
386.001, Health and Safety Code; or |
|
(B) $15 of the fee if the applicant's residence |
|
is any other county[; or
|
|
[(C)
on or after September 1, 2010, $15
|
|
regardless of the county in which the applicant resides]. |
|
(b-1) Fees collected under Subsection (b) to be sent to the |
|
comptroller shall be deposited as follows: |
|
(1) before September 1, 2008, to the credit of the |
|
Texas emissions reduction plan fund; [and] |
|
(2) on or after September 1, 2008, and before |
|
September 1, 2010, to the credit of the Texas Mobility Fund, except |
|
that $5 of each fee imposed under Subsection (a)(1) and deposited on |
|
or after September 1, 2008, and before September 1, 2010, shall be |
|
deposited to the credit of the Texas emissions reduction plan fund; |
|
and |
|
(3) on or after September 1, 2010, to the credit of the |
|
Texas emissions reduction plan fund. |
|
SECTION 2.16. Subsection (c), Section 502.1675, |
|
Transportation Code, is amended to read as follows: |
|
(c) This section expires August 31, 2013 [2010]. |
|
SECTION 2.17. Subsection (c), Section 548.5055, |
|
Transportation Code, is amended to read as follows: |
|
(c) This section expires August 31, 2013 [2010]. |
|
SECTION 2.18. Section 12, Chapter 1125, Acts of the 79th |
|
Legislature, Regular Session, 2005, amending Subsection (a), |
|
Section 386.252, Health and Safety Code, is repealed. |
|
ARTICLE 3. ENERGY EFFICIENCY |
|
SECTION 3.01. Section 388.003, Health and Safety Code, is |
|
amended by adding Subsections (b-1) and (b-2) to read as follows: |
|
(b-1) If the State Energy Conservation Office determines, |
|
based on written recommendations from the laboratory, that the |
|
latest published edition of the International Residential Code |
|
energy efficiency provisions or the latest published edition of the |
|
International Energy Conservation Code will result in residential |
|
or commercial energy efficiency and air quality that is equivalent |
|
to or better than the commercial energy efficiency and air quality |
|
achievable under the editions adopted under Subsection (a) or (b), |
|
the office may by rule adopt the equivalent or more stringent |
|
editions and substitute them for the initial editions described by |
|
Subsection (a) or (b). The rule, if adopted, shall establish an |
|
effective date for the new editions but not earlier than nine months |
|
after the date of adoption. The laboratory shall make its |
|
recommendations not later than six months after publication of new |
|
editions at the end of each three-year code development cycle of the |
|
International Residential Code and the International Energy |
|
Conservation Code. |
|
(b-2) The State Energy Conservation Office shall by rule |
|
establish a procedure for persons who have an interest in the |
|
adoption of energy efficiency codes under Subsection (b-1), |
|
including commercial and residential builders, architects and |
|
engineers, county and other local government authorities, and |
|
environmental groups, to have an opportunity to comment on the |
|
codes under consideration and to have the commentary considered by |
|
the laboratory in developing its recommendations. |
|
SECTION 3.02. Section 388.005, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 388.005. ENERGY EFFICIENCY PROGRAMS IN INSTITUTIONS OF |
|
HIGHER EDUCATION, STATE AGENCIES, AND CERTAIN POLITICAL |
|
SUBDIVISIONS. (a) In this section: |
|
(1) "Institution of higher education" includes an |
|
institution of higher education as defined by Section 61.003, |
|
Education Code, and a private institution of higher education that |
|
receives funding from the state. |
|
(2) "Political[, "political] subdivision" means: |
|
(A) [(1)] an affected county; or |
|
(B) [(2)] any political subdivision in a |
|
nonattainment area or in an affected county other than: |
|
(i) [(A)] a school district; or |
|
(ii) [(B)] a district as defined by Section |
|
36.001 or 49.001, Water Code, that had a total annual electricity |
|
expense of less than $200,000 in the previous fiscal year of the |
|
district. |
|
(3) "State agency" means a department, commission, |
|
board, office, council, or other agency in the executive branch of |
|
government that is created by the constitution or a statute of this |
|
state and has authority not limited to a geographical portion of the |
|
state. |
|
(b) Each political subdivision, institution of higher |
|
education, or state agency shall implement all energy efficiency |
|
measures that meet the standards established for a contract for |
|
energy conservation measures under Section 302.004(b), Local |
|
Government Code, in order to reduce electricity consumption by the |
|
existing facilities of the entity [the political subdivision]. |
|
(c) Each political subdivision, institution of higher |
|
education, or state agency shall establish a goal to reduce the |
|
electric consumption by the entity [political subdivision] by five |
|
percent each year for six [five] years, beginning September 1, 2007 |
|
[January 1, 2002]. |
|
(d) A political subdivision, institution of higher |
|
education, or state agency that does not attain the goals under |
|
Subsection (c) must include in the report required by Subsection |
|
(e) justification that the entity [political subdivision] has |
|
already implemented all available measures. An entity that submits |
|
a report under this subsection indicating it has already |
|
implemented all available measures is exempt from the annual |
|
reporting requirement of Subsection (e) if a subsequent report |
|
would indicate no change in status. An entity may be required to |
|
provide notice that it is exempt to the State Energy Conservation |
|
Office. |
|
(e) A political subdivision, institution of higher |
|
education, or state agency annually shall report to the State |
|
Energy Conservation Office, on forms provided by that office, |
|
regarding the entity's [political subdivision's] efforts and |
|
progress under this section. The State Energy Conservation Office |
|
shall provide assistance and information to the entity [political
|
|
subdivisions] to help it [the political subdivisions] meet the |
|
goals set under this section. |
|
SECTION 3.03. Subsection (b), Section 44.901, Education |
|
Code, is amended to read as follows: |
|
(b) The board of trustees of a school district shall |
|
establish a goal to reduce the annual electric consumption by five |
|
percent each year for six years, beginning September 1, 2007. The |
|
board of trustees of a school district may enter into an energy |
|
savings performance contract in accordance with this section. |
|
SECTION 3.04. Subsection (d), Section 2155.068, Government |
|
Code, is amended to read as follows: |
|
(d) As part of the standards and specifications program, the |
|
commission shall review contracts for opportunities to recycle |
|
waste produced at state buildings, shall develop and update a list |
|
of equipment and appliances that meet the energy efficiency |
|
standards of Section 2158.301, and shall assist state agencies in |
|
selecting products under that section as appropriate. |
|
SECTION 3.05. Chapter 2158, Government Code, is amended by |
|
adding Subchapter F to read as follows: |
|
SUBCHAPTER F. ENERGY AND EFFICIENCY STANDARDS |
|
FOR EQUIPMENT AND APPLIANCES |
|
Sec. 2158.301. ENERGY CONSERVATION. If available and cost |
|
effective, the commission or another state agency shall purchase |
|
equipment and appliances for state use that meet or exceed the |
|
federal Energy Star standards designated by the United States |
|
Environmental Protection Agency and the United States Department of |
|
Energy. |
|
SECTION 3.06. (a) The State Energy Conservation Office |
|
shall adopt rules implementing a procedure for stakeholder |
|
participation as required under Subsection (b-2), Section 388.003, |
|
Health and Safety Code, as added by this article, as soon as |
|
practicable after the effective date of this Act. |
|
(b) The State Energy Conservation Office shall adopt rules |
|
as necessary to implement Subsection (b), Section 44.901, Education |
|
Code, as amended by this article, as soon as practicable after the |
|
effective date of this Act. |
|
SECTION 3.07. (a) The energy conservation standards for |
|
equipment and appliances under Section 2158.301, Government Code, |
|
as added by this article, apply to a purchase by a state agency on or |
|
after the effective date of this Act. |
|
(b) The Texas Building and Procurement Commission shall |
|
develop a list of equipment and appliances under Section 2155.068, |
|
Government Code, as amended by this article, as soon as practicable |
|
after the effective date of this Act. |
|
ARTICLE 4. EFFECTIVE DATE |
|
SECTION 4.01. This Act takes effect immediately if it |
|
receives a vote of two-thirds of all the members elected to each |
|
house, as provided by Section 39, Article III, Texas Constitution. |
|
If this Act does not receive the vote necessary for immediate |
|
effect, this Act takes effect September 1, 2007. |