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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of alternative fuel programs to be funded |
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by the Texas emissions reduction plan fund. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 386.252(a) and (c), Health and Safety |
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Code, are amended to read as follows: |
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(a) Money in the fund may be used only to implement and |
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administer programs established under the plan and shall be |
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allocated as follows: |
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(1) for the diesel emissions reduction incentive |
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program, 87.5 percent of the money in the fund, of which not more |
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than four percent may be used for the clean school bus program, not |
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more than five percent may be used for the clean fleet program, not |
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more than two percent may be used for the alternative fueling |
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facilities program, and not more than 10 percent may be used for |
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on-road diesel purchase or lease incentives; |
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(2) for the new technology research and development |
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program, 9.5 percent of the money in the fund, of which up to |
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$250,000 is allocated for administration, up to $200,000 is |
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allocated for a health effects study, $500,000 is to be deposited in |
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the state treasury to the credit of the clean air account created |
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under Section 382.0622 to supplement funding for air quality |
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planning activities in affected counties, not less than 20 percent |
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is to be allocated each year to support research related to air |
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quality for the Houston-Galveston-Brazoria and Dallas-Fort Worth |
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nonattainment areas by a nonprofit organization based in Houston of |
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which $216,000 each year shall be contracted to the Energy Systems |
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Laboratory at the Texas Engineering Experiment Station for the |
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development and annual calculation of creditable statewide |
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emissions reductions obtained through wind and other renewable |
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energy resources for the State Implementation Plan, and the balance |
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is to be allocated each year to a nonprofit organization or an |
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institution of higher education based in Houston to be used to |
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implement and administer the new technology research and |
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development program under a contract with the commission for the |
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purpose of identifying, testing, and evaluating new |
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emissions-reducing technologies with potential for |
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commercialization in this state and to facilitate their |
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certification or verification; and |
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(3) for administrative costs incurred by the |
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commission and the laboratory, three percent of the money in the |
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fund. |
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(c) Money in the fund may be allocated to the clean school |
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bus program, the clean fleet program, and the alternative fueling |
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facilities program only if: |
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(1) the money is available for that purpose after |
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money is allocated for the other purposes of the fund as required by |
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the state implementation plan; or |
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(2) the amount of money deposited to the credit of the |
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fund in a state fiscal year exceeds the amount the comptroller's |
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biennial revenue estimate shows as the comptroller's estimated |
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amount to be deposited to the credit of the fund in that year. |
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SECTION 2. Subtitle C, Title 5, Health and Safety Code, is |
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amended by adding Chapters 391 and 392 to read as follows: |
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CHAPTER 391. TEXAS CLEAN FLEET PROGRAM |
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Sec. 391.001. DEFINITIONS. In this chapter: |
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(1) "Alternative fuel" means a fuel other than |
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gasoline or diesel fuel, other than biodiesel fuel, including |
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electricity, compressed natural gas, liquified natural gas, |
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hydrogen, propane, methanol, or a mixture of fuels containing at |
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least 85 percent methanol by volume. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Hybrid vehicle" means a vehicle with at least two |
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different energy converters and two different energy storage |
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systems on board the vehicle for the purpose of propelling the |
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vehicle. |
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(4) "Incremental cost" has the meaning assigned by |
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Section 386.001. |
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(5) "Program" means the Texas clean fleet program |
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established under this chapter. |
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Sec. 391.002. PROGRAM. (a) The commission shall establish |
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and administer the Texas clean fleet program to encourage a person |
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that has a fleet of vehicles to convert diesel-powered vehicles to |
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alternative fuel or hybrid vehicles or replace them with |
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alternative fuel or hybrid vehicles. Under the program, the |
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commission shall provide grants for eligible projects to offset the |
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incremental cost of projects for fleet owners. |
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(b) An entity that places 25 or more qualifying vehicles in |
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service for use entirely in this state during a calendar year is |
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eligible to participate in the program. |
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Sec. 391.003. QUALIFYING VEHICLES. (a) A vehicle is a |
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qualifying vehicle that may be considered for a grant under the |
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program if during a calendar year the entity: |
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(1) purchases the vehicle and the vehicle is a hybrid |
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vehicle, or is fueled by an alternative fuel; |
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(2) converts the vehicle to be a hybrid vehicle or to |
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be fueled by an alternative fuel in a manner other than the manner |
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described by Subdivision (3); or |
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(3) replaces the vehicle's power source with a power |
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source that is fueled by an alternative fuel or that causes the |
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vehicle to be a hybrid vehicle. |
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(b) A vehicle is not a qualifying vehicle if the vehicle: |
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(1) is a neighborhood electric vehicle, as defined by |
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Section 551.301, Transportation Code; |
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(2) has been used as a qualifying vehicle to qualify |
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for a grant under this chapter for a previous reporting period or by |
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another entity; or |
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(3) has qualified for a similar grant or tax credit in |
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another jurisdiction. |
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Sec. 391.004. APPLICATION FOR GRANT. (a) An entity |
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operating in this state that operates a fleet of at least 10 |
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vehicles may apply for and receive a grant under the program. |
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(b) The commission may adopt guidelines to allow a regional |
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planning commission, council of governments, or similar regional |
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planning agency created under Chapter 391, Local Government Code, |
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or a private nonprofit organization to apply for and receive a grant |
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to improve the ability of the program to achieve its goals. |
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(c) An application for a grant under this chapter must be |
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made on a form provided by the commission and must contain the |
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information required by the commission. |
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Sec. 391.005. ELIGIBILITY OF PROJECTS FOR GRANTS. (a) The |
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commission by rule shall establish criteria for setting priorities |
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for projects eligible to receive grants under this chapter. The |
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commission shall review and may modify the criteria and priorities |
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as appropriate. |
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(b) A qualifying vehicle must be used on a regular, daily |
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route and must have at least five years of useful life remaining. |
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(c) A qualifying vehicle must remain in the state for at |
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least five years. The commission by rule shall create a monitoring |
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program to ensure compliance under this subsection as well as |
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penalties against the recipient of the grant if the vehicle is |
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removed from the state before the fifth anniversary of the date the |
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grant is awarded. |
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Sec. 391.006. RESTRICTION ON USE OF GRANT. A recipient of a |
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grant under this chapter shall use the grant to pay the incremental |
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costs of the project for which the grant is made, which may include |
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the initial cost of the alternative fuel vehicle and the reasonable |
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and necessary expenses incurred for the labor needed to install |
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emissions-reducing equipment. The recipient may not use the grant |
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to pay the recipient's administrative expenses. |
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Sec. 391.007. AMOUNT OF GRANT. The amount the commission |
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shall award for each vehicle is: |
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(1) for a federally certified low-emission vehicle |
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fueled by an alternative fuel, 50 percent of the incremental cost; |
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(2) for a federally certified ultra-low-emission |
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vehicle or federally certified inherently low-emission vehicle |
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fueled by an alternative fuel, 75 percent of the incremental cost; |
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(3) for a federally certified |
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super-ultra-low-emission vehicle or federally certified |
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zero-emission vehicle fueled by an alternative fuel, 85 percent of |
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the incremental cost; or |
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(4) for a hybrid vehicle, 80 percent of the |
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incremental cost. |
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Sec. 391.008. EXPIRATION. This chapter expires August 31, |
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2017. |
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CHAPTER 392. TEXAS ALTERNATIVE FUELING FACILITIES PROGRAM |
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Sec. 392.001. DEFINITIONS. In this chapter: |
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(1) "Alternative fuel" means a fuel other than |
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gasoline or diesel fuel, other than biodiesel fuel, including |
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electricity, compressed natural gas, liquified natural gas, |
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hydrogen, propane, methanol, or a mixture of fuels containing at |
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least 85 percent methanol by volume. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Program" means the Texas alternative fueling |
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facilities program established under this chapter. |
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Sec. 392.002. PROGRAM. (a) The commission shall establish |
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and administer the Texas alternative fueling facilities program to |
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provide fueling facilities in nonattainment areas for alternative |
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fuels. Under the program, the commission shall provide grants for |
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eligible projects to offset the cost of qualifying projects. |
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(b) An entity that constructs, reconstructs, or acquires an |
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alternative fuel refueling facility is eligible for a grant as |
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provided by this chapter. |
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Sec. 392.003. APPLICATION FOR GRANT. (a) An entity |
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operating in this state that constructs, reconstructs, or acquires |
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a facility to store, compress, charge, or dispense alternative |
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fuels may apply for and receive a grant under the program. |
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(b) The commission may adopt guidelines to allow a regional |
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planning commission, council of governments, or similar regional |
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planning agency created under Chapter 391, Local Government Code, |
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or a private nonprofit organization to apply for and receive a grant |
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to improve the ability of the program to achieve its goals. |
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(c) An application for a grant under this chapter must be |
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made on a form provided by the commission and must contain the |
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information required by the commission. |
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Sec. 392.004. ELIGIBILITY OF PROJECTS FOR GRANTS. The |
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commission by rule shall establish criteria for setting priorities |
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for projects eligible to receive grants under this chapter. The |
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commission shall review and may modify the criteria and priorities |
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as appropriate. |
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Sec. 392.005. RESTRICTION ON USE OF GRANT. A recipient of a |
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grant under this chapter shall use the grant to pay the costs of the |
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alternative fuel project. The recipient may not use the grant to |
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pay the recipient's administrative expenses. |
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Sec. 392.006. AMOUNT OF GRANT. The amount the commission |
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shall award for each alternative fueling facility is 50 percent of |
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the actual cost incurred to construct, reconstruct, or acquire a |
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facility to store, compress, charge, or dispense alternative fuels. |
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Sec. 392.007. LIMITATIONS. (a) An entity may not receive a |
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grant under this chapter in an amount that exceeds $500,000 for a |
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single facility. |
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(b) An entity receiving a grant under this chapter must make |
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the refueling facility accessible to persons other than the entity |
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at designated times during the day. |
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Sec. 392.008. EXPIRATION. This chapter expires August 31, |
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2017. |
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SECTION 3. The Texas Commission on Environmental Quality |
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shall adopt rules under Sections 391.005 and 392.004, Health and |
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Safety Code, as added by this Act, as soon as practicable after the |
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effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2009. |