|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the creation of alternative fuel programs to be funded |
|
by the Texas Emissions Reduction Plan Fund. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subsections (a) and (c), Section 386.252, Health |
|
and Safety Code, are amended to read as follows: |
|
(a) Money in the fund may be used only to implement and |
|
administer programs established under the plan and shall be |
|
allocated as follows: |
|
(1) for the diesel emissions reduction incentive |
|
program, 87.5 percent of the money in the fund, of which not more |
|
than four percent may be used for the clean school bus program, not |
|
more than five percent may be used for the clean fleet program, not |
|
more than two percent may be used for the alternative fueling |
|
facilities program, and not more than 10 percent may be used for |
|
on-road diesel purchase or lease incentives; |
|
(2) for the new technology research and development |
|
program, 9.5 percent of the money in the fund, of which up to |
|
$250,000 is allocated for administration, up to $200,000 is |
|
allocated for a health effects study, $500,000 is to be deposited in |
|
the state treasury to the credit of the clean air account created |
|
under Section 382.0622 to supplement funding for air quality |
|
planning activities in affected counties, not less than 20 percent |
|
is to be allocated each year to support research related to air |
|
quality for the Houston-Galveston-Brazoria and Dallas-Fort Worth |
|
nonattainment areas by a nonprofit organization based in Houston of |
|
which $216,000 each year shall be contracted to the Energy Systems |
|
Laboratory at the Texas Engineering Experiment Station for the |
|
development and annual calculation of creditable statewide |
|
emissions reductions obtained through wind and other renewable |
|
energy resources for the State Implementation Plan, and the balance |
|
is to be allocated each year to a nonprofit organization or an |
|
institution of higher education based in Houston to be used to |
|
implement and administer the new technology research and |
|
development program under a contract with the commission for the |
|
purpose of identifying, testing, and evaluating new |
|
emissions-reducing technologies with potential for |
|
commercialization in this state and to facilitate their |
|
certification or verification; and |
|
(3) for administrative costs incurred by the |
|
commission and the laboratory, three percent of the money in the |
|
fund. |
|
(c) Money in the fund may be allocated to the clean school |
|
bus program, the clean fleet program, and the alternative fueling |
|
facilities program only if: |
|
(1) the money is available for that purpose after |
|
money is allocated for the other purposes of the fund as required by |
|
the state implementation plan; or |
|
(2) the amount of money deposited to the credit of the |
|
fund in a state fiscal year exceeds the amount the comptroller's |
|
biennial revenue estimate shows as the comptroller's estimated |
|
amount to be deposited to the credit of the fund in that year. |
|
SECTION 2. Subtitle C, Title 5, Health and Safety Code, is |
|
amended by adding Chapters 391 and 392 to read as follows: |
|
CHAPTER 391. TEXAS CLEAN FLEET PROGRAM |
|
Sec. 391.001. DEFINITIONS. In this chapter: |
|
(1) "Alternative fuel" means a fuel other than |
|
gasoline or diesel fuel, other than biodiesel fuel, including |
|
electricity, compressed natural gas, liquified natural gas, |
|
hydrogen, propane, methanol, ethanol, or a mixture of fuels |
|
containing at least 85 percent methanol or ethanol by volume. |
|
(2) "Commission" means the Texas Commission on |
|
Environmental Quality. |
|
(3) "Hybrid vehicle" means a vehicle with at least two |
|
different energy converters and two different energy storage |
|
systems on board the vehicle for the purpose of propelling the |
|
vehicle. |
|
(4) "Incremental cost" has the meaning assigned by |
|
Section 386.001. |
|
(5) "Program" means the Texas clean fleet program |
|
established under this chapter. |
|
Sec. 391.002. PROGRAM. (a) The commission shall establish |
|
and administer the Texas clean fleet program designed to encourage |
|
entities that have a fleet of vehicles to either convert |
|
diesel-powered or gasoline-powered vehicles to alternative fuel |
|
vehicles or replace them with such vehicles, including |
|
hybrid-electric, compressed natural gas, liquefied natural gas, |
|
hydrogen, or other alternative fuel vehicles, to reduce the |
|
exposure of the citizens living in nonattainment areas of the |
|
state. Under the program, the commission shall provide grants for |
|
eligible projects to offset the incremental cost of projects for |
|
fleet owners. |
|
(b) An entity that places 25 or more qualifying vehicles in |
|
service in this state during a calendar year is eligible to |
|
participate in the program. |
|
(c) A vehicle is a qualifying vehicle that may be considered |
|
for a grant under the program if during a calendar year the entity: |
|
(1) purchases the vehicle and the vehicle is a hybrid |
|
vehicle, or is fueled by an alternative fuel, and is to be used |
|
entirely in this state; |
|
(2) converts the vehicle to be a hybrid vehicle or to |
|
be fueled by an alternative fuel in a manner other than the manner |
|
described by Subdivision (3), and the vehicle is to be used entirely |
|
in this state; or |
|
(3) replaces the vehicle's power source with a power |
|
source that is fueled by an alternative fuel or that causes the |
|
vehicle to be a hybrid vehicle, and the vehicle is to be used |
|
entirely in this state. |
|
(d) A vehicle is not a qualifying vehicle if the vehicle: |
|
(1) is a mild hybrid vehicle, such as a: |
|
(A) Chevrolet Malibu; |
|
(B) Chevrolet Silverado; |
|
(C) Dodge Ram; |
|
(D) GMC Sierra; |
|
(E) Saturn Aura; or |
|
(F) Saturn Vue; |
|
(2) is a neighborhood electric vehicle, as defined by |
|
Section 551.301, Transportation Code; or |
|
(3) has been used as a qualifying vehicle to qualify |
|
for a grant under this chapter for a previous reporting period or by |
|
another entity. |
|
Sec. 391.003. APPLICATION FOR GRANT. (a) An entity |
|
operating in this state that operates a fleet of at least 100 |
|
vehicles may apply for and receive a grant under the program. |
|
(b) The commission may adopt guidelines to allow a regional |
|
planning commission, council of governments, or similar regional |
|
planning agency created under Chapter 391, Local Government Code, |
|
or a private nonprofit organization to apply for and receive a grant |
|
to improve the ability of the program to achieve its goals. |
|
(c) An application for a grant under this chapter must be |
|
made on a form provided by the commission and must contain the |
|
information required by the commission. |
|
Sec. 391.004. ELIGIBILITY OF PROJECTS FOR GRANTS. (a) The |
|
commission by rule shall establish criteria for setting priorities |
|
for projects eligible to receive grants under this chapter. The |
|
commission shall review and may modify the criteria and priorities |
|
as appropriate. |
|
(b) A qualifying vehicle must be used on a regular, daily |
|
route and must have at least five years of useful life remaining. |
|
Sec. 391.005. RESTRICTION ON USE OF GRANT. A recipient of a |
|
grant under this chapter shall use the grant to pay the incremental |
|
costs of the project for which the grant is made, which may include |
|
the initial cost of the alternative fuel vehicle and the reasonable |
|
and necessary expenses incurred for the labor needed to install |
|
emissions-reducing equipment. The recipient may not use the grant |
|
to pay the recipient's administrative expenses. |
|
Sec. 391.006. AMOUNT OF GRANT. The amount the commission |
|
shall award for each vehicle is: |
|
(1) for a certified low-emission vehicle fueled by an |
|
alternative fuel, 50 percent of the incremental cost; |
|
(2) for a certified ultra-low-emission vehicle or |
|
certified inherently low-emission vehicle fueled by an alternative |
|
fuel, 75 percent of the incremental cost; |
|
(3) for a certified super-ultra-low-emission vehicle |
|
or certified zero-emission vehicle fueled by an alternative fuel, |
|
85 percent of the incremental cost; or |
|
(4) for a hybrid vehicle, 80 percent of the |
|
incremental cost. |
|
Sec. 391.007. EXPIRATION. This chapter expires August 31, |
|
2017. |
|
CHAPTER 392. TEXAS ALTERNATIVE FUELING FACILITIES PROGRAM |
|
Sec. 392.001. DEFINITIONS. In this chapter: |
|
(1) "Alternative fuel" means a fuel other than |
|
gasoline or diesel fuel, other than biodiesel fuel, including |
|
electricity, compressed natural gas, liquified natural gas, |
|
hydrogen, propane, methanol, ethanol, or a mixture of fuels |
|
containing at least 85 percent methanol or ethanol by volume. |
|
(2) "Commission" means the Texas Commission on |
|
Environmental Quality. |
|
(3) "Program" means the Texas alternative fueling |
|
facilities program established under this chapter. |
|
Sec. 392.002. PROGRAM. (a) The commission shall establish |
|
and administer the Texas alternative fueling facilities program |
|
designed to provide fueling facilities in nonattainment areas for |
|
alternative fuel. Under the program, the commission shall provide |
|
grants for eligible projects to offset the cost of qualifying |
|
projects. |
|
(b) An entity that constructs, reconstructs, or acquires an |
|
alternative fuel refueling facility is eligible for a grant as |
|
provided by this chapter. |
|
(c) An entity's qualified amount is the cost incurred by the |
|
entity during a calendar year to construct, reconstruct, or acquire |
|
a facility to store, compress, charge, or dispense alternative |
|
fuels. |
|
Sec. 392.003. APPLICATION FOR GRANT. (a) An entity |
|
operating in this state that constructs, reconstructs, or acquires |
|
a facility to store, compress, charge, or dispense alternative |
|
fuels may apply for and receive a grant under the program. |
|
(b) The commission may adopt guidelines to allow a regional |
|
planning commission, council of governments, or similar regional |
|
planning agency created under Chapter 391, Local Government Code, |
|
or a private nonprofit organization to apply for and receive a grant |
|
to improve the ability of the program to achieve its goals. |
|
(c) An application for a grant under this chapter must be |
|
made on a form provided by the commission and must contain the |
|
information required by the commission. |
|
Sec. 392.004. ELIGIBILITY OF PROJECTS FOR GRANTS. The |
|
commission by rule shall establish criteria for setting priorities |
|
for projects eligible to receive grants under this chapter. The |
|
commission shall review and may modify the criteria and priorities |
|
as appropriate. |
|
Sec. 392.005. RESTRICTION ON USE OF GRANT. A recipient of a |
|
grant under this chapter shall use the grant to pay the costs of the |
|
alternative fuel project. The recipient may not use the grant to |
|
pay the recipient's administrative expenses. |
|
Sec. 392.006. AMOUNT OF GRANT. The amount the commission |
|
shall award for each alternative fueling facility is 50 percent of |
|
the actual cost of the facility. |
|
Sec. 392.007. LIMITATIONS. (a) An entity may not receive |
|
a grant under this chapter that exceeds $500,000 for a single |
|
facility. |
|
(b) An entity may not receive a second grant under this |
|
chapter for the same facility. |
|
(c) An entity receiving a grant under this chapter must make |
|
the refueling facility accessible to persons other than the entity |
|
at designated times during the day. |
|
Sec. 392.008. EXPIRATION. This chapter expires August 31, |
|
2017. |
|
SECTION 3. The Texas Commission on Environmental Quality |
|
shall adopt rules under Sections 391.004 and 392.004, Health and |
|
Safety Code, as added by this Act, as soon as practicable after the |
|
effective date of this Act. |
|
SECTION 4. This Act takes effect September 1, 2009. |