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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 initiatives; 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), (9-b), (10-a), and |
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(10-b) to read as 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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(9-b) "New motor vehicle" means a motor vehicle that |
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has not been the subject of a retail sale regardless of the mileage |
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of the vehicle. |
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(10-a) "Qualifying new motor vehicle" means a new |
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motor vehicle that: |
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(A) has a model year no earlier than the calendar |
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year immediately preceding the current calendar year; and |
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(B) meets the requirements of Section |
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382.201(b). |
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(10-b) "Retail sale" means any sale of a motor vehicle |
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other than a sale in which the purchaser acquires a vehicle for |
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resale. |
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SECTION 1.02. 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. Not more than 10 percent of |
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the money provided to a local low-income vehicle repair assistance, |
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retrofit, and accelerated vehicle retirement program under this |
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section may be used for the administration of the programs, |
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including program costs. |
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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 new 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 gasoline-powered and is at least 10 |
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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 (e)(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 vehicle that passes the required United States |
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Environmental Protection Agency Start-Up Acceleration Simulation |
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Mode Standards emissions test but that would have failed the United |
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States Environmental Protection Agency Final Acceleration |
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Simulation Mode Standards emissions test or some other criterion |
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determined by the commission; provided, however, that a replacement |
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vehicle under this subsection must be a qualifying new motor |
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vehicle. |
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SECTION 1.03. 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, with the maximum amount not to exceed $2,500 |
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or, if the replacement vehicle is a hybrid motor vehicle, $3,500; |
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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, which may not |
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exceed 300 percent of the 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: |
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(1) except as provided by Subsection (c), be a vehicle |
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in a class or category of vehicles that has been certified to meet |
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federal Tier 2, Bin 5 or a cleaner Bin certification under 40 C.F.R. |
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Section 86.1811-04, as published in the February 10, 2000, Federal |
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Register; |
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(2) have a gross vehicle weight rating of less than |
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10,000 pounds; and |
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(3) be a vehicle the total cost of which does not |
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exceed $25,000. |
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(c) The commission may adopt any revisions made by the |
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federal government to the emissions standards described by |
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Subsection (b)(1). |
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(d) 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. |
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SECTION 1.04. Section 382.213, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsections (d) |
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through (h) to read as follows: |
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(a) Except as provided by Subsection (c) and Subdivision (5) |
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of this subsection, a vehicle retired under an accelerated vehicle |
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retirement program authorized by Section 382.209 may not be resold |
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or reused in its entirety in this or another state. The automobile |
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dealer who takes possession of the vehicle must submit to the |
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program administrator proof, in a manner adopted by the commission, |
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that the vehicle has been retired. The vehicle must be: |
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(1) destroyed; |
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(2) recycled; |
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(3) dismantled and its parts sold as used parts or used |
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in the program; |
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(4) placed in a storage facility of a program |
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established under Section 382.209 and subsequently destroyed, |
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recycled, or dismantled and its parts sold or used in the program; |
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or |
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(5) repaired, brought into compliance, and used as a |
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replacement vehicle under Section 382.209(d)(2). |
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(d) Notwithstanding Subsection (a)(3), the dismantler of a |
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vehicle shall scrap the emissions control equipment and engine. |
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The dismantler shall certify that the equipment and engine have |
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been scrapped and not resold into the marketplace. A person who |
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causes, suffers, allows, or permits a violation of this subsection |
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or of a rule adopted under this section is subject to a civil |
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penalty under Subchapter D, Chapter 7, Water Code, for each |
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violation. For purposes of this subsection, a separate violation |
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occurs with each fraudulent certification or prohibited resale. |
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(e) Notwithstanding Subsection (d), vehicle parts not |
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related to emissions control equipment or the engine may be resold |
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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" and "engine." |
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SECTION 1.05. Subchapter G, Chapter 382, Health and Safety |
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Code, is amended by adding Sections 382.219, 382.220, and 382.221 |
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to read as follows: |
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Sec. 382.219. PARTICIPATING AUTOMOBILE DEALERSHIPS. |
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(a) A participating automobile dealer must accept the amount |
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described by Section 382.210(2) solely as a replacement incentive |
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under the program established by Section 382.209 and may not offset |
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that amount against any other rebate being offered by the dealer. |
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The amount may be used as a down payment toward the purchase of a |
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replacement vehicle. |
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(b) For purposes of this section, a participating |
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automobile dealer must be a dealer located in the state. |
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SECTION 1.06. 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 |
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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 |
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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 |
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a violation of a statute, rule, order, or permit relating to any |
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other matter within the commission's jurisdiction to enforce, other |
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than violations of Chapter 11, 12, 13, 16, or 36 of this code, or |
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Chapter 341, Health and Safety Code, shall be assessed for each |
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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 |
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proper. Each day of a continuing violation is a separate violation. |
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SECTION 1.07. 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 1.08. 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, |
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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 |
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standard. |
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SECTION 1.09. (a) The Texas Commission on Environmental |
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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, |
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retrofit, and accelerated vehicle retirement program under Section |
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382.209, Health and Safety Code, as amended by this article. |
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(b) Funding for the partnership described by Subsection (a) |
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of this section shall be used exclusively for the purpose of |
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publicizing the program. |
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SECTION 1.10. (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 |
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and not resold into the marketplace and shall by rule define |
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"emissions control equipment" and "engine," as required by Section |
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382.213, Health and Safety Code, as amended by this article. |
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ARTICLE 2. TEXAS EMISSIONS REDUCTION PLAN |
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SECTION 2.01. Subdivision (2), Section 386.001, Health and |
|
Safety Code, is amended to read as follows: |
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(2) "Affected county" includes: |
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(A) Bastrop County; |
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(B) Bexar County; |
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(C) Caldwell County; |
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(D) Comal County; |
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(E) Ellis County; |
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(F) Gregg County; |
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(G) Guadalupe County; |
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(H) Harrison County; |
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(I) Hays County; |
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(J) Henderson County; |
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(K) Hood County; |
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(L) Hunt County; |
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(M) Johnson County; |
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(N) Kaufman County; |
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(O) Nueces County; |
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(P) Parker County; |
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(Q) Rockwall County; |
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(R) Rusk County; |
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(S) San Patricio County; |
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(T) Smith County; |
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(U) Travis County; |
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(V) Upshur County; |
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(W) Victoria County; |
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(X) Williamson County; |
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(Y) Wilson County; [and] |
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(Z) any other county designated as an affected |
|
county by commission rule because of deteriorating air quality; and |
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(AA) any other county in Texas designated as an |
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affected county by commission rule because the county contains all |
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or a portion of a major highway transportation corridor. |
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SECTION 2.02. 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, |
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2013 [2010]. |
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SECTION 2.03. Subchapter B, Chapter 386, Health and Safety |
|
Code, is amended by adding Section 386.0511 to read as follows: |
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Sec. 386.0511. USE OF FUNDING FOR LOCAL INITIATIVE |
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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; |
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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 |
|
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. |
|
(c) Money that is made available for the implementation of a |
|
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 |
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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). |
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SECTION 2.04. Subsection (d), Section 386.053, Health and |
|
Safety Code, is amended to read as follows: |
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(d) The commission may propose revisions to the guidelines |
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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 |
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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 |
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proposed revision available to the public before the 30th [45th] |
|
day preceding the date of final adoption of the revision and shall |
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hold at least one public meeting to consider public comments on the |
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proposed revision before final adoption. |
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SECTION 2.05. Subsection (a), Section 386.106, Health and |
|
Safety Code, is amended to read as follows: |
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(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: |
|
(c) The commission shall provide oversight as appropriate |
|
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. |
|
(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. |
|
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: |
|
(c) This section expires August 31, 2013 [September 30,
|
|
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: |
|
(c) This section expires August 31, 2013 [2010]. |
|
SECTION 2.14. Subsection (c), Section 548.5055, |
|
Transportation Code, is amended to read as follows: |
|
(c) This section expires August 31, 2013 [2010]. |
|
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 |
|
(C) [(2)] any political subdivision in a |
|
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]. |
|
(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. |
|
(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 |
|
(C) the arc tube has a bulb wall loading of |
|
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; |
|
(C) is intended to be used with a separate |
|
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; |
|
(C) has a standard E26 (Edison 26 millimeter) |
|
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 |
|
(C) is connected to a self-contained or remote |
|
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 |
|
(C) is connected to a self-contained or remote |
|
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 |
|
(C) can provide a video output signal; |
|
(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 |
|
(C) 45 watts or less with a diameter of 20/8 |
|
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 |
|
Cabinets," copyright 2007 ASTM International. |
|
(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. |
|
(c) Pool pump motor controls must have the capability of |
|
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 |
|
|
|
|
|
|
|
|
|
|
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. |
|
(c) For purposes of this section, the efficiency of a |
|
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 |
|
(C) a polyphase motor of one-half horsepower 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. |
|
(c) The comptroller may delay implementation of Subsection |
|
(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 |
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Sec. 392.151. PRODUCT TESTING. (a) The manufacturer of a |
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new product subject to an efficiency standard adopted under this |
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chapter shall test samples of the product in accordance with the |
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test procedures adopted under this chapter. |
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(b) The comptroller, in consultation with the State Energy |
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Conservation Office, by rule shall adopt test procedures for |
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determining a product's energy efficiency if Subchapter B does not |
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provide for the procedures. The comptroller shall adopt test |
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methods approved by the United States Department of Energy or, in |
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the absence of those test methods, other appropriate nationally |
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recognized test methods. |
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(c) The comptroller may adopt revised test procedures when |
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new versions of test procedures become available. |
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Sec. 392.152. PRODUCT CERTIFICATION. (a) Except as |
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provided by Subsection (c), the manufacturer of a new product |
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subject to an efficiency standard adopted under this chapter shall |
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certify to the comptroller that the product is in compliance with |
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that standard according to test results. |
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(b) The comptroller shall adopt rules governing the |
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certification of products under this section and shall coordinate |
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certification by this state with the certification programs of |
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other states and federal agencies with similar standards. |
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(c) Subsection (a) does not apply to a manufacturer of |
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single-voltage external AC to DC power supplies, walk-in |
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refrigerators, or walk-in freezers. |
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Sec. 392.153. PRODUCT LABELING. (a) The manufacturer of a |
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new product subject to an efficiency standard adopted under this |
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chapter shall identify each product offered for sale or |
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installation in this state as being in compliance with this chapter |
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by means of a mark, label, or tag on the product and packaging at the |
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time of sale or installation. |
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(b) The comptroller shall adopt rules governing the |
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identification of products and packaging under this section. The |
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rules must to the greatest practical extent be coordinated with the |
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labeling programs of other states and federal agencies with |
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equivalent efficiency standards. The comptroller shall allow the |
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use of existing marks, labels, or tags that connote compliance with |
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the efficiency requirements of this chapter. |
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Sec. 392.154. COMPTROLLER TESTING FOR EFFICIENCY STANDARDS |
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COMPLIANCE. The comptroller may test products subject to an |
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efficiency standard adopted under this chapter for compliance with |
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the applicable efficiency standards. If a product tested is found |
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not to be in compliance with the standards, the comptroller shall: |
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(1) impose against the manufacturer of the product an |
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assessment in an amount sufficient to recover the costs of |
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purchasing and testing the product; and |
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(2) make information available to the public on any |
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product found to be not in compliance with the standards. |
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Sec. 392.155. INSPECTIONS. The comptroller may have |
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periodic inspections conducted of a distributor or retailer of new |
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products covered by Section 392.002 subject to an efficiency |
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standard adopted under this chapter to determine compliance with |
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this chapter. The inspections must be conducted at reasonable and |
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convenient hours. Notice must be given before an inspection may be |
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conducted. |
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Sec. 392.156. COMPLAINTS. The comptroller shall |
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investigate a complaint received concerning a violation of this |
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chapter and shall report the results of the investigation to the |
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attorney general. |
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Sec. 392.157. ATTORNEY GENERAL ENFORCEMENT. The attorney |
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general may institute proceedings to enforce this chapter. |
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Sec. 392.158. VIOLATIONS AND PENALTIES. (a) The |
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comptroller shall issue a warning to a person for the person's first |
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violation of this chapter. |
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(b) A person's second and subsequent violations are subject |
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to a civil penalty of not more than $250. |
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(c) Each violation constitutes a separate violation, and |
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each day that a violation continues constitutes a separate |
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violation. |
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(d) A penalty assessed under this section is in addition to |
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costs assessed under Section 392.154. |
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Sec. 392.159. RULES FOR IMPLEMENTATION AND ENFORCEMENT. |
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The comptroller may adopt additional rules necessary to ensure the |
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proper implementation and enforcement of this chapter. |
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SECTION 3.04. (a) The efficiency standards prescribed by |
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rules adopted under Subchapter B, Chapter 392, Health and Safety |
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Code, as added by this Act, apply only to the sale or offer of sale |
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of a new product to which that chapter applies that occurs on or |
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after January 1, 2009. |
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(b) Notwithstanding Subsection (a) of this section: |
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(1) a new residential pool pump that does not meet the |
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efficiency standards contained in Subsections (b) and (c), Section |
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392.060, Health and Safety Code, as added by this Act, may be sold |
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in this state through December 31, 2009; and |
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(2) a new single-voltage external AC to DC power |
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supply made available by a manufacturer directly to a consumer or to |
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a service or repair facility after and separate from the original |
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sale of a product requiring the power supply as a service part or |
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spare part is not required to meet the standards of Section 392.061, |
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Health and Safety Code, as added by this Act, until January 1, 2013. |
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ARTICLE 4. EFFECTIVE DATE |
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SECTION 4.01. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2007. |