80(R) SB 12 - Introduced version

	2007S0342-2 02/14/07

	By: Averitt	S.B. No. 12

A BILL TO BE ENTITLED

AN ACT

relating to programs for the enhancement of air quality, including

energy efficiency initiatives; providing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. LOW-INCOME VEHICLE REPAIR ASSISTANCE, RETROFIT, AND

ACCELERATED VEHICLE RETIREMENT PROGRAM

SECTION 1.01. Section 382.003, Health and Safety Code, is

amended by adding Subdivisions (7-a), (9-a), (9-b), (10-a), and

(10-b) to read as follows:

(7-a) "Hybrid motor vehicle" means a motor vehicle

that draws propulsion energy from both gasoline or conventional

diesel fuel and a rechargeable energy storage system.

(9-a) "Motor vehicle" means a fully self-propelled

vehicle having four wheels that has as its primary purpose the

transport of a person or persons, or property, on a public highway.

(9-b) "New motor vehicle" means a motor vehicle that

has not been the subject of a retail sale regardless of the mileage

of the vehicle.

(10-a) "Qualifying new motor vehicle" means a new

motor vehicle that:

(A) has a model year no earlier than the calendar

year immediately preceding the current calendar year; and

(B) meets the requirements of Section

382.201(b).

(10-b) "Retail sale" means any sale of a motor vehicle

other than a sale in which the purchaser acquires a vehicle for

resale.

SECTION 1.02. Section 382.209, Health and Safety Code, is

amended by amending Subsections (b), (e), and (g) and adding

Subsections (i) and (j) to read as follows:

(b) The commission shall provide funding for local

low-income vehicle repair assistance, retrofit, and accelerated

vehicle retirement programs with available funds collected under

Section 382.202, 382.302, or other designated and available funds.

The programs shall be administered in accordance with Chapter 783,

Government Code. Program [~~Programmatic~~] costs may include call

center management, application oversight, invoice analysis,

education, outreach, and advertising. Not more than 10 percent of

the money provided to a local low-income vehicle repair assistance,

retrofit, and accelerated vehicle retirement program under this

section may be used for the administration of the programs,

including program costs.

(e) A vehicle is not eligible to participate in a low-income

vehicle repair assistance, retrofit, and accelerated vehicle

retirement program established under this section unless:

(1) the vehicle is capable of being operated;

(2) the registration of the vehicle:

(A) is current; and

(B) reflects that the vehicle has been registered

in the county implementing the program for the 12 months preceding

the application for participation in the program;

(3) the commissioners court of the county

administering the program determines that the vehicle meets the

eligibility criteria adopted by the commission, the Texas

Department of Transportation, and the Public Safety Commission;

[~~and~~]

(4) if the vehicle is to be repaired, the repair is

done by a repair facility recognized by the Department of Public

Safety, which may be an independent or private entity licensed by

the state; and

(5) if the vehicle is to be retired under this

subsection and Section 382.213, the replacement vehicle is a

qualifying new motor vehicle.

(g) A participating county may contract with any

appropriate entity, including the regional council of governments

or the metropolitan planning organization in the appropriate

region, or with another county for services necessary to implement

the participating county's low-income vehicle repair assistance,

retrofit, and accelerated vehicle retirement program. The

participating counties in a nonattainment region or counties

participating in an early action compact under Subchapter H may

agree to have the money collected in any one county be used in any

other participating county in the same region. [~~The participating~~

~~counties may also agree to contract with any appropriate entity,~~

~~including the regional metropolitan planning organization or~~

~~council of governments, to implement a program under Section~~

~~382.217.~~]

(i) Notwithstanding the vehicle replacement requirements

provided by Subsection (d)(2), the commission by rule may provide

monetary or other compensatory assistance under the low-income

vehicle repair assistance, retrofit, and accelerated vehicle

retirement program, subject to the availability of funds, for the

replacement of a vehicle that meets the following criteria:

(1) the vehicle is gasoline-powered and is at least 10

years old;

(2) the vehicle owner meets applicable financial

eligibility criteria;

(3) the vehicle meets the requirements provided by

Subsections (e)(1) and (e)(2); and

(4) the vehicle has passed a Department of Public

Safety motor vehicle safety inspection or safety and emissions

inspection within the 15-month period before the application is

submitted.

(j) The commission may provide monetary or other

compensatory assistance under the low-income vehicle repair

assistance, retrofit, and accelerated vehicle retirement program

for a replacement vehicle or replacement assistance for a pre-1996

model year vehicle that passes the required United States

Environmental Protection Agency Start-Up Acceleration Simulation

Mode Standards emissions test but that would have failed the United

States Environmental Protection Agency Final Acceleration

Simulation Mode Standards emissions test or some other criterion

determined by the commission; provided, however, that a replacement

vehicle under this subsection must be a qualifying new motor

vehicle.

SECTION 1.03. Section 382.210, Health and Safety Code, is

amended to read as follows:

Sec. 382.210. IMPLEMENTATION GUIDELINES AND REQUIREMENTS.

(a) The commission by rule shall adopt guidelines to assist a

participating county in implementing a low-income vehicle repair

assistance, retrofit, and accelerated vehicle retirement program

authorized under Section 382.209. The guidelines at a minimum

shall recommend:

(1) a minimum and maximum amount for repair

assistance;

(2) a minimum and maximum amount toward the purchase

price of a replacement vehicle qualified for the accelerated

retirement program, with the maximum amount not to exceed $2,500

or, if the replacement vehicle is a hybrid motor vehicle, $3,500;

(3) criteria for determining eligibility, taking into

account:

(A) the vehicle owner's income, which may not

exceed 300 percent of the federal poverty level;

(B) the fair market value of the vehicle; and

(4) safeguards for preventing fraud in the repair,

purchase, or sale of a vehicle in the program; and

(5) procedures for determining the degree and amount

of repair assistance a vehicle is allowed, based on:

(A) the amount of money the vehicle owner has

spent on repairs;

(B) the vehicle owner's income; and

(b) A replacement vehicle described by Subsection (a)(2)

must:

(1) except as provided by Subsection (c), be a vehicle

in a class or category of vehicles that has been certified to meet

federal Tier 2, Bin 5 or a cleaner Bin certification under 40 C.F.R.

Section 86.1811-04, as published in the February 10, 2000, Federal

(2) have a gross vehicle weight rating of less than

10,000 pounds; and

(3) be a vehicle the total cost of which does not

exceed $25,000.

federal government to the emissions standards described by

Subsection (b)(1).

(d) A participating county shall provide an electronic

means for distributing vehicle repair or replacement funds once all

program criteria have been met with regard to the repair or

replacement.

SECTION 1.04. Section 382.213, Health and Safety Code, is

amended by amending Subsection (a) and adding Subsections (d)

through (h) to read as follows:

(a) Except as provided by Subsection (c) and Subdivision (5)

of this subsection, a vehicle retired under an accelerated vehicle

retirement program authorized by Section 382.209 may not be resold

or reused in its entirety in this or another state. The automobile

dealer who takes possession of the vehicle must submit to the

program administrator proof, in a manner adopted by the commission,

that the vehicle has been retired. The vehicle must be:

(1) destroyed;

(2) recycled;

(3) dismantled and its parts sold as used parts or used

in the program;

(4) placed in a storage facility of a program

established under Section 382.209 and subsequently destroyed,

recycled, or dismantled and its parts sold or used in the program;

(5) repaired, brought into compliance, and used as a

replacement vehicle under Section 382.209(d)(2).

(d) Notwithstanding Subsection (a)(3), the dismantler of a

vehicle shall scrap the emissions control equipment and engine.

The dismantler shall certify that the equipment and engine have

been scrapped and not resold into the marketplace. A person who

causes, suffers, allows, or permits a violation of this subsection

or of a rule adopted under this section is subject to a civil

penalty under Subchapter D, Chapter 7, Water Code, for each

violation. For purposes of this subsection, a separate violation

occurs with each fraudulent certification or prohibited resale.

(e) Notwithstanding Subsection (d), vehicle parts not

related to emissions control equipment or the engine may be resold

in any state.

(f) Any dismantling of vehicles or salvaging of steel under

this section must be performed at a facility located in this state.

(g) In dismantling a vehicle under this section, the

dismantler shall remove any mercury switches in accordance with

state and federal law.

(h) For purposes of this section, the commission shall adopt

rules defining "emissions control equipment" and "engine."

SECTION 1.05. Subchapter G, Chapter 382, Health and Safety

Code, is amended by adding Sections 382.219, 382.220, and 382.221

to read as follows:

Sec. 382.219. PARTICIPATING AUTOMOBILE DEALERSHIPS.

(a) A participating automobile dealer must accept the amount

described by Section 382.210(2) solely as a replacement incentive

under the program established by Section 382.209 and may not offset

that amount against any other rebate being offered by the dealer.

The amount may be used as a down payment toward the purchase of a

replacement vehicle.

(b) For purposes of this section, a participating

automobile dealer must be a dealer located in the state.

SECTION 1.06. Section 7.102, Water Code, is amended to read

as follows:

Sec. 7.102. MAXIMUM PENALTY. A person who causes, suffers,

allows, or permits a violation of a statute, rule, order, or permit

relating to Chapter 37 of this code, Chapter 366, 371, or 372,

Health and Safety Code, Subchapter G, Chapter 382, Health and

Safety Code, or Chapter 1903, Occupations Code, shall be assessed

for each violation a civil penalty not less than $50 nor greater

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

for each day of each violation as the court or jury considers

proper. Each day of a continuing violation is a separate violation.

SECTION 1.07. The following provisions of the Health and

Safety Code are repealed:

(1) Subsection (e), Section 382.0622;

(2) Subsections (q) and (r), Section 382.202; and

(3) Section 382.217.

SECTION 1.08. The Texas Commission on Environmental Quality

shall review its current cutpoint levels for nitrogen oxide

emissions and determine whether a lower cutpoint standard would

best serve the interest of the public health and welfare. The

determination shall be made by rule not later than January 1, 2008.

If the commission adopts a lower cutpoint standard, the commission

shall make 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, available to

owners of vehicles that did not meet the prior, more stringent

standard.

SECTION 1.09. (a) The Texas Commission on Environmental

Quality shall seek to work in partnership with automobile

manufacturers and dealers in the state to increase public awareness

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.

SECTION 1.10. (a) The Texas Commission on Environmental

Quality shall seek to work in partnership with the steel industry

and automobile dismantlers to ensure that vehicles being replaced

are scrapped and that proof of scrapping is provided to the

commission.

(b) Not later than January 1, 2008, the Texas Commission on

Environmental Quality shall adopt procedures for certifying that

emissions control equipment and vehicle engines have been scrapped

and not resold into the marketplace and shall by rule define

"emissions control equipment" and "engine," as required by Section

382.213, Health and Safety Code, as amended by this article.

ARTICLE 2. TEXAS EMISSIONS REDUCTION PLAN

SECTION 2.01. Subdivision (2), Section 386.001, Health and

Safety Code, is amended to read as follows:

(2) "Affected county" includes:

(A) Bastrop County;

(B) Bexar County;

(D) Comal County;

(E) Ellis County;

(F) Gregg County;

(G) Guadalupe County;

(H) Harrison County;

(I) Hays County;

(J) Henderson County;

(K) Hood County;

(L) Hunt County;

(M) Johnson County;

(N) Kaufman County;

(O) Nueces County;

(P) Parker County;

(Q) Rockwall County;

(R) Rusk County;

(S) San Patricio County;

(T) Smith County;

(U) Travis County;

(V) Upshur County;

(W) Victoria County;

(X) Williamson County;

(Y) Wilson County; [~~and~~]

(Z) any other county designated as an affected

county by commission rule because of deteriorating air quality; and

(AA) any other county in Texas designated as an

affected county by commission rule because the county contains all

or a portion of a major highway transportation corridor.

SECTION 2.02. Section 386.002, Health and Safety Code, is

amended to read as follows:

Sec. 386.002. EXPIRATION. This chapter expires August 31,

2013 [~~2010~~].

SECTION 2.03. Subchapter B, Chapter 386, Health and Safety

Code, is amended by adding Section 386.0511 to read as follows:

Sec. 386.0511. USE OF FUNDING FOR LOCAL INITIATIVE

PROJECTS. (a) Money that is made available to affected or

participating counties under Section 382.202(g) may be

appropriated only for programs administered in accordance with

Chapter 783, Government Code, to improve air quality.

(b) A program under this section must be implemented in

consultation with the commission and may include a program to:

(1) expand and enhance the AirCheck Texas Repair and

Replacement Assistance Program;

(2) develop and implement programs or systems that

remotely determine vehicle emissions and notify the vehicle's

operator;

(3) develop and implement projects to implement the

commission's smoking vehicle program;

(4) develop and implement projects for coordinating

with local law enforcement officials to reduce the use of

counterfeit state inspection stickers by providing local law

enforcement officials with funds to identify vehicles with

counterfeit state inspection stickers and to carry out appropriate

actions;

(5) develop and implement programs to enhance

transportation system improvements; or

(6) develop and implement new air control strategies

designed to assist local areas in complying with state and federal

air quality rules and regulations.

program under Subsection (b) may not be expended for call center

management, application oversight, invoice analysis, education,

outreach, or advertising purposes.

(d) Fees collected under Section 386.251 may be used, in an

amount not to exceed $5 million per fiscal year, for projects

described by Subsection (b). The fees shall be made available only

to counties participating in the low-income vehicle repair

assistance, retrofit, and accelerated vehicle retirement programs

created under Section 382.209 and only on a matching basis, whereby

the commission provides money to a county in the same amount that

the county dedicates to a project authorized by Subsection (b).

SECTION 2.04. 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 2.05. 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 motor vehicles and

on-road and non-road diesels; 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 purchase and 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. 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 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.

SECTION 2.07. 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 2.08. Section 387.003, Health and Safety Code, is

amended by adding Subsections (c) through (f) to read as follows:

for grants provided to the nonprofit organization under this

program.

(d) The nonprofit organization shall submit to the

commission for approval a budget for the disposition of funds

granted under this program.

(e) The commission shall limit the use of grants for

administrative costs incurred by the nonprofit organization to an

amount not to exceed 10 percent of funding provided to the nonprofit

organization under this program.

(f) The nonprofit organization that receives grants from

the commission under this program is subject to Chapters 551 and

552, Government Code.

SECTION 2.09. 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; and

(2) 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 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.

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.

SECTION 2.10. Subsection (d), Section 151.0515, Tax Code,

is amended to read as follows:

(d) This section expires August 31, 2013 [~~September 30,~~

~~2010~~].

SECTION 2.11. Subsection (c), Section 152.0215, Tax Code,

is amended to read as follows:

~~2010~~].

SECTION 2.12. 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 2.13. Subsection (c), Section 502.1675,

Transportation Code, is amended to read as follows:

SECTION 2.14. Subsection (c), Section 548.5055,

Transportation Code, is amended to read as follows:

SECTION 2.15. 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 Subsection (b-1) to read as follows:

(b-1) If the State Energy Conservation Office determines,

based on a recommendation from the laboratory, that other, more

stringent energy efficiency standards of the International

Residential Code or the International Energy Conservation Code

exist than the ones adopted under Subsection (a) or (b), the office

shall adopt the more stringent standards and substitute them for

the standards described by Subsection (a) or (b).

SECTION 3.02. Section 388.005, Health and Safety Code, is

amended to read as follows:

Sec. 388.005. ENERGY EFFICIENCY PROGRAMS IN CERTAIN

POLITICAL SUBDIVISIONS. (a) In this section:

(1) "Institution of higher education" includes an

institution of higher education 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) a school district; or

nonattainment area or in an affected county other than[:

[~~(A)a school district; or~~

[~~(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~~].

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.

(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. Subtitle C, Title 5, Health and Safety Code,

is amended by adding Chapter 392 to read as follows:

CHAPTER 392. APPLIANCE EFFICIENCY STANDARDS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 392.001. DEFINITIONS. In this chapter:

(1) "Ballast" means a device used with an electric

discharge lamp to obtain necessary circuit conditions involving

voltage, current, and waveform, for starting and operating the

lamp.

(2) "Bottle-type water dispenser" means a water

dispenser that uses a bottle or reservoir as the source of potable

water.

(3) "Commercial hot food holding cabinet" means a

heated, fully enclosed compartment with one or more solid or glass

doors that is designed to maintain the temperature of hot food that

has been cooked in a separate appliance.

(4) "Compact audio product," also known as a mini,

mid, micro, or shelf audio system, means an integrated audio system

encased in a single housing that includes an amplifier and radio

tuner with attached or separable speakers that can reproduce audio

from magnetic tape, compact disc, DVD, or flash memory.

(5) "Digital versatile disc" or "DVD" means a

laser-encoded plastic medium capable of storing a large amount of

digital audio, video, or computer data.

(6) "DVD player" means a digital versatile disc player

that:

(A) is a commercially available electronic

product encased in a single housing that includes an integral power

supply; and

(B) is designed to decode digitized video signals

on a DVD.

(7) "DVD recorder" means a digital versatile disc

recorder that:

(A) is a commercially available electronic

product encased in a single housing that includes an integral power

supply; and

(B) is designed for the production or recording

of digitized video signals on a DVD.

(8) "Energy Star Program" means the United States

Environmental Protection Agency's Energy Star Program.

(9) "High-intensity discharge lamp" means a lamp in

which:

(A) light is produced by the passage of an

electric current through a vapor or gas;

(B) the light-producing arc is stabilized by bulb

wall temperature; and

greater than three watts per square centimeter.

(10) "Metal halide lamp" means a high-intensity

discharge lamp in which the major portion of the light is produced

by radiation of metal halides and their products of dissociation.

(11) "Metal halide lamp fixture" means a fixture

designed to be operated with a metal halide lamp and a ballast for a

metal halide lamp.

(12) "Portable electric spa" means a factory-built

electric spa or hot tub, supplied with equipment for heating and

circulating water.

(13) "Residential pool pump" means a pump used to

circulate and filter residential swimming pool water to maintain

the water's clarity and sanitation.

(14) "Single-voltage external AC to DC power supply"

means a device that:

(A) is designed to convert line voltage

alternating current input into lower voltage direct current output;

(B) is able to convert to only one direct current

output voltage at a time;

end-use product that constitutes the primary power load;

(D) is contained in a physical enclosure separate

from the end-use product;

(E) is designed to be connected to the end-use

product by a removable or hard-wired electrical connection, cable,

cord, or other wiring;

(F) has a nameplate output power less than or

equal to 250 watts;

(G) does not have a fixed or removable battery or

battery pack that physically attaches directly to the power supply

converter unit; and

(H) does not have:

(i) a battery chemistry or type selector

switch and indicator light; or

(ii) a battery chemistry or type selector

switch and a state of charge meter.

(15) "State-regulated incandescent reflector lamp"

means a lamp that:

(A) is not colored or designed for rough or

vibration service applications;

(B) has an inner reflective coating on the outer

bulb to direct the light;

medium screw base;

(D) has a rated voltage or voltage range at least

partially within the range of 115 to 130 volts; and

(E) is one of the following types:

(i) a blown parabolic aluminized reflector

(BPAR) lamp, bulged reflector (BR) lamp, elliptical reflector (ER)

lamp, or a lamp with a similar bulb shape with a diameter equal to or

greater than 2.25 inches; or

(ii) a reflector (R) lamp, a parabolic

aluminized reflector (PAR) lamp, or a lamp with a similar bulb shape

with a diameter of 2.25 to 2.75 inches.

(16) "Walk-in freezer" means a refrigerated space a

person can walk into that:

(A) has a total frozen storage area of less than

3,000 square feet;

(B) operates at a temperature at or below 32

degrees Fahrenheit; and

condensing unit.

(17) "Walk-in refrigerator" means a refrigerated

space a person can walk into that:

(A) has a total chilled storage area of less than

3,000 square feet;

(B) operates at a chilled temperature above 32

degrees Fahrenheit; and

condensing unit.

(18) "Water dispenser" means a factory-made assembly

that mechanically cools and heats potable water and that dispenses

the cooled or heated water by integral or remote means.

Sec. 392.002. APPLICABILITY; EXEMPTIONS. (a) This

chapter applies to the following new products sold, offered for

sale, or installed in this state:

(1) bottle-type water dispensers;

(2) commercial hot food holding cabinets;

(3) compact audio products;

(4) DVD players and recorders;

(5) metal halide lamp fixtures;

(6) portable electric spas;

(7) residential pool pumps;

(8) single-voltage external AC to DC power supplies;

(9) state-regulated incandescent reflector lamps;

(10) walk-in refrigerators and freezers; and

(11) any other products that are designated by the

comptroller in accordance with Section 392.102.

(b) This chapter does not apply to:

(1) a new product manufactured in this state and sold

outside the state;

(2) a new product manufactured outside this state and

sold at wholesale inside the state for final retail sale and

installation outside the state;

(3) a product installed in a mobile manufactured home

at the time of the home's construction;

(4) a product designed expressly for installation and

use in a recreational vehicle;

(5) a commercial heated glass merchandizing cabinet,

drawer warmer, or cook-and-hold appliance for hot food;

(6) a compact audio product that:

(A) can be independently powered by internal

batteries;

(B) has a powered external satellite antenna; or

(7) a DVD recorder that has an electronic programming

guide function that provides an interactive, onscreen menu of

television listings and downloads program information from the

vertical blanking interval of a regular television signal;

(8) a refrigerated warehouse;

(9) a chilled-space product designed and marketed

exclusively for medical, scientific, or research purposes;

(10) a single-voltage external AC to DC power supply

that requires United States Food and Drug Administration listing

and approval as a medical device; or

(11) an incandescent reflector lamp that is rated at:

(A) 50 watts or less with a diameter of 30/8 or

40/8 inches and is one of the following types: BR30, ER30, BR40, and

ER40;

(B) 65 watts with a diameter of 30/8 or 40/8

inches and is one of the following types: BR30, BR40, and ER40; or

inches (R20 lamps).

[Sections 392.003-392.050 reserved for expansion]

SUBCHAPTER B. EFFICIENCY STANDARDS

Sec. 392.051. MINIMUM EFFICIENCY STANDARDS FOR CERTAIN

APPLIANCES. Not later than September 1, 2008, the comptroller, in

consultation with the State Energy Conservation Office, shall adopt

rules establishing minimum efficiency standards for each type of

new product described by Section 392.002(a).

Sec. 392.052. NEW OR INCREASED EFFICIENCY STANDARDS.

(a) The comptroller may adopt rules to establish increased

efficiency standards for a product listed in Section 392.002(a) or

to establish standards for a product not listed in that subsection.

(b) In considering new or increased standards, the

comptroller, in consultation with the State Energy Conservation

Office, shall prescribe new or increased efficiency standards if

the comptroller determines that the standards would:

(1) serve to promote energy conservation in this

state; and

(2) be cost-effective for consumers who purchase and

use the new product.

Sec. 392.053. EFFECTIVE DATE OF STANDARDS. A standard

established under this subchapter takes effect on the first

anniversary of the date the rule establishing the standard is

adopted.

Sec. 392.054. BOTTLE-TYPE WATER DISPENSERS. A bottle-type

water dispenser designed for dispensing both hot and cold water may

not have standby energy consumption greater than 1.2 kilowatt-hours

per day, as measured in accordance with the test criteria contained

in version 1 of the "Energy Star Program Requirements for Bottled

Water Coolers," except that Section D, "Timer Usage," of those test

criteria may not be used to test units with an integral, automatic

timer.

Sec. 392.055. COMMERCIAL HOT FOOD HOLDING CABINETS. (a) A

commercial hot food holding cabinet must have a maximum idle energy

rate of not greater than 40 watts per cubic foot of interior volume,

as determined by the "idle energy rate-dry test" in ASTM F2140-01,

"Standard Test Method for Performance of Hot Food Holding

(b) Interior volume must be measured in accordance with the

method shown in the "Energy Star Program Requirements for

Commercial Hot Food Holding Cabinets" as in effect on August 15,

2003.

Sec. 392.056. COMPACT AUDIO PRODUCTS. A compact audio

product may not use more than two watts in standby-passive mode for

a product without a permanently illuminated clock display and four

watts in standby-passive mode for a product with a permanently

illuminated clock display, as measured in accordance with

International Electrotechnical Commission (IEC) test method

62087:2002-2003(E), "Methods of measurement for the power

consumption of audio, video, and related equipment."

Sec. 392.057. DVD PLAYERS OR RECORDERS. A DVD player or

recorder may not use more than three watts in standby-passive mode,

as measured in accordance with International Electrotechnical

Commission (IEC) test method 62087:2002-2003(E), "Methods of

measurement for the power consumption of audio, video, and related

equipment."

Sec. 392.058. METAL HALIDE LAMP FIXTURES. A metal halide

lamp fixture designed to be operated with a lamp that has a wattage

rating of 150 to 500 watts may not contain a ballast to operate the

lamp known as a "probe-start metal halide ballast" that:

(1) does not contain an igniter; and

(2) starts the lamp by using a third starting

electrode probe in the arc tube.

Sec. 392.059. PORTABLE ELECTRIC SPAS. A portable electric

spa may not have a standby power greater than 5(V2/3) watts where V

equals the total volume in gallons. Standby power must be measured

in accordance with the test method for portable electric spas

contained in Section 1604, Title 20, California Code of

Regulations, as of December 2006.

Sec. 392.060. RESIDENTIAL POOL PUMP MOTORS. (a) A

residential pool pump motor may not be a split-phase or capacitor

start-induction run type motor.

(b) A residential pool pump motor with a capacity of one

horsepower or more must have the capability of operating at more

than one speed with a low speed having a rotation rate that is not

more than one-half of the motor's maximum rotation rate.

operating the pool pump at more than one speed. The pump's default

circulation speed must be the lowest speed, and the pump's high

speed override capability must be governed by a control device that

allows the higher circulation speed to operate only for a temporary

period not to exceed one normal cycle.

Sec. 392.061. SINGLE-VOLTAGE EXTERNAL AC TO DC POWER

SUPPLIES. (a) A single-voltage external AC to DC power supply

must meet the minimum energy efficiency and maximum energy

consumption requirements provided by the following table:

Nameplate Output Power

Minimum Energy

Efficiency in Active Mode

0 to < 1 watt

0.49 * Nameplate Output

=1 watt and =49 watts

0.09*Ln(Nameplate Output Power) + 0.49

> 49 watts

0.84

Maximum Energy

Consumption in No-Load Mode

0 to < 10 watts

0.5 watts

= 10 watts and =250 watts

0.75 watts

Where Ln (Nameplate Output) = Natural Logarithm of the

nameplate output expressed in watts

(b) These standards apply to single-voltage external AC to

DC power supplies that are sold individually and to those that are

sold as a component of or in conjunction with another product.

single-voltage external AC to DC power supply must be measured in

accordance with the test methodology specified by the Energy Star

Program "Test Method for Calculating the Energy Efficiency of

Single-Voltage External AC-DC and AC-AC Power Supplies (August 11,

2004)," except that tests shall be conducted at 115 volts only.

Sec. 392.062. STATE-REGULATED INCANDESCENT REFLECTOR

LAMPS. A state-regulated incandescent reflector lamp must meet the

minimum average lamp efficacy requirements for federally regulated

incandescent reflector lamps contained in 42 U.S.C. Section

6295(i)(1)(A), as in effect on January 1, 2007.

Sec. 392.063. WALK-IN REFRIGERATORS AND FREEZERS. (a) A

walk-in refrigerator or freezer must have:

(1) automatic door closers that firmly close all

reach-in doors and that firmly close walk-in doors not wider than 3

feet 9 inches and not higher than 6 feet 11 inches that have been

closed to within one inch of full closure;

(2) wall, ceiling, and door insulation resistance

values of at least R-28 for refrigerators and R-32 for freezers,

except for glazed portions of doors and structural members;

(3) a floor insulation resistance value of at least

R-28 for freezers;

(4) for a single-phase evaporator fan motor rated at

less than one horsepower and at less than 460 volts, an

electronically commutated motor;

(5) for a condenser fan motor rated at less than one

horsepower:

(A) an electronically commutated motor;

(B) a permanent split capacitor-type motor; or

more; and

(6) except as provided by Subsection (d), for all

interior lights, light sources with an efficacy of 40 lumens per

watt or more, including ballast losses.

(b) In addition to the requirements under Subsection (a), a

walk-in refrigerator or freezer with transparent reach-in doors

must have the following:

(1) transparent reach-in doors or windows in walk-in

doors for a walk-in freezer of triple-pane glass with

heat-reflective treated glass or gas fill;

(2) transparent reach-in doors or windows in walk-in

doors for a walk-in refrigerator of double-pane or triple-pane

glass with heat-reflective treated glass and gas fill;

(3) for an appliance that has an anti-sweat heater

without anti-sweat heat controls, a total door rail, glass, and

frame heater power draw of not more than 7.1 watts per square foot

of door opening for a freezer and 3.0 watts per square foot of door

opening for a refrigerator; and

(4) for an appliance that has an anti-sweat heater

with anti-sweat heat controls and the total door rail, glass, and

frame heater power draw is more than 7.1 watts per square foot of

door opening for a freezer or 3.0 watts per square foot of door

opening for a refrigerator, anti-sweat heat controls that reduce

the energy use of the anti-sweat heater in an amount corresponding

to the relative humidity in the air outside the door or to the

condensation on the inner glass pane.

(a)(4) on a determination that the specified motors are available

only from one manufacturer or in quantities insufficient to serve

the needs of the walk-in industry for evaporator-fan applications.

(d) A walk-in refrigerator or freezer may have interior

light sources with an efficacy of less than 40 lumens per watt,

including ballast losses, if the lights are used in conjunction

with a timer or device that turns the lights off whenever the

refrigerator or freezer is unoccupied for a period not to exceed 15

minutes.

[Sections 392.064-392.100 reserved for expansion]

SUBCHAPTER C. IMPLEMENTATION AND MODIFICATION OF EFFICIENCY

STANDARDS

Sec. 392.101. PRODUCT COMPLIANCE. (a) A new product

described by Section 392.002(a) may not be sold or offered for sale

in this state unless the efficiency of the new product meets or

exceeds the applicable efficiency standards prescribed by the rules

adopted under Subchapter B.

(b) On or after the first anniversary of the date the sale or

offering for sale of a new product becomes subject to an efficiency

standard adopted under this chapter, that product may not be

installed for compensation in this state unless the efficiency of

the product meets or exceeds the applicable efficiency standards

prescribed by the rules adopted under Subchapter B.

Sec. 392.102. APPLICATION FOR WAIVER. For purposes of this

chapter, the comptroller may apply for a waiver of federal

preemption in accordance with federal procedures under 42 U.S.C.

Section 6297(d) to authorize state efficiency standards for a

product regulated by the federal government.

[Sections 392.103-392.150 reserved for expansion]

SUBCHAPTER D. TESTING, CERTIFICATION, LABELING, AND ENFORCEMENT

Sec. 392.151. PRODUCT TESTING. (a) The manufacturer of a

new product subject to an efficiency standard adopted under this

chapter shall test samples of the product in accordance with the

test procedures adopted under this chapter.

(b) The comptroller, in consultation with the State Energy

Conservation Office, by rule shall adopt test procedures for

determining a product's energy efficiency if Subchapter B does not

provide for the procedures. The comptroller shall adopt test

methods approved by the United States Department of Energy or, in

the absence of those test methods, other appropriate nationally

recognized test methods.

new versions of test procedures become available.

Sec. 392.152. PRODUCT CERTIFICATION. (a) Except as

provided by Subsection (c), the manufacturer of a new product

subject to an efficiency standard adopted under this chapter shall

certify to the comptroller that the product is in compliance with

that standard according to test results.

(b) The comptroller shall adopt rules governing the

certification of products under this section and shall coordinate

certification by this state with the certification programs of

other states and federal agencies with similar standards.

single-voltage external AC to DC power supplies, walk-in

refrigerators, or walk-in freezers.

Sec. 392.153. PRODUCT LABELING. (a) The manufacturer of a

new product subject to an efficiency standard adopted under this

chapter shall identify each product offered for sale or

installation in this state as being in compliance with this chapter

by means of a mark, label, or tag on the product and packaging at the

time of sale or installation.

(b) The comptroller shall adopt rules governing the

identification of products and packaging under this section. The

rules must to the greatest practical extent be coordinated with the

labeling programs of other states and federal agencies with

equivalent efficiency standards. The comptroller shall allow the

use of existing marks, labels, or tags that connote compliance with

the efficiency requirements of this chapter.

Sec. 392.154. COMPTROLLER TESTING FOR EFFICIENCY STANDARDS

COMPLIANCE. The comptroller may test products subject to an

efficiency standard adopted under this chapter for compliance with

the applicable efficiency standards. If a product tested is found

not to be in compliance with the standards, the comptroller shall:

(1) impose against the manufacturer of the product an

assessment in an amount sufficient to recover the costs of

purchasing and testing the product; and

(2) make information available to the public on any

product found to be not in compliance with the standards.

Sec. 392.155. INSPECTIONS. The comptroller may have

periodic inspections conducted of a distributor or retailer of new

products covered by Section 392.002 subject to an efficiency

standard adopted under this chapter to determine compliance with

this chapter. The inspections must be conducted at reasonable and

convenient hours. Notice must be given before an inspection may be

conducted.

Sec. 392.156. COMPLAINTS. The comptroller shall

investigate a complaint received concerning a violation of this

chapter and shall report the results of the investigation to the

attorney general.

Sec. 392.157. ATTORNEY GENERAL ENFORCEMENT. The attorney

general may institute proceedings to enforce this chapter.

Sec. 392.158. VIOLATIONS AND PENALTIES. (a) The

comptroller shall issue a warning to a person for the person's first

violation of this chapter.

(b) A person's second and subsequent violations are subject

to a civil penalty of not more than $250.

each day that a violation continues constitutes a separate

violation.

(d) A penalty assessed under this section is in addition to

costs assessed under Section 392.154.

Sec. 392.159. RULES FOR IMPLEMENTATION AND ENFORCEMENT.

The comptroller may adopt additional rules necessary to ensure the

proper implementation and enforcement of this chapter.

SECTION 3.04. (a) The efficiency standards prescribed by

rules adopted under Subchapter B, Chapter 392, Health and Safety

Code, as added by this Act, apply only to the sale or offer of sale

of a new product to which that chapter applies that occurs on or

after January 1, 2009.

(b) Notwithstanding Subsection (a) of this section:

(1) a new residential pool pump that does not meet the

efficiency standards contained in Subsections (b) and (c), Section

392.060, Health and Safety Code, as added by this Act, may be sold

in this state through December 31, 2009; and

(2) a new single-voltage external AC to DC power

supply made available by a manufacturer directly to a consumer or to

a service or repair facility after and separate from the original

sale of a product requiring the power supply as a service part or

spare part is not required to meet the standards of Section 392.061,

Health and Safety Code, as added by this Act, until January 1, 2013.

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.