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A BILL TO BE ENTITLED
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AN ACT
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relating to the Texas emissions reduction plan, including the motor |
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vehicle purchase or lease incentive program under the plan. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 382.0622, Health and Safety Code, is |
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amended by adding Subsection (e) to read as follows: |
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(e) Money deposited to the credit of the clean air account |
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that is not otherwise dedicated by law for another purpose may be |
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used to implement and administer the motor vehicle purchase or |
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lease incentive program established under Subchapter D, Chapter |
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386. This subsection expires on the date Chapter 386 expires. |
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SECTION 2. Section 386.153, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 386.153. LIGHT-DUTY MOTOR VEHICLE PURCHASE OR LEASE |
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INCENTIVE SCHEDULE. (a) In this section, "total consideration" |
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has the meaning assigned by Section 152.002, Tax Code. |
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(b) A new light-duty motor vehicle is eligible for an |
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incentive according to the following schedule: |
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(1) seven percent of the total consideration if the |
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motor vehicle emits at least 0.45 pounds but not more than 0.55 |
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pounds of carbon dioxide per mile; or |
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(2) 10 percent of the total consideration if the motor |
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vehicle emits less than 0.45 pounds of carbon dioxide per mile. |
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[Incentive emissions standard and incentive amount
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[Model year 2003-2007
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[Bin 4 $1,250
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[Bin 3 $2,225
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[Bin 2 $3,750
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[Bin 1 $5,000] |
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SECTION 3. Subchapter D, Chapter 386, Health and Safety |
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Code, is amended by adding Section 386.157 to read as follows: |
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Sec. 386.157. INFORMATION RELATED TO MOTOR VEHICLE |
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EMISSIONS. (a) Each manufacturer of motor vehicles shall prepare |
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for distribution to its franchised dealers in this state a brochure |
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that includes: |
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(1) the list of eligible motor vehicles prepared by |
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the manufacturer under Section 386.155; |
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(2) the emissions and air pollution ratings, not |
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including fuel efficiency, for each motor vehicle included in the |
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list, based on information from the Green Vehicle Guide published |
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by the United States Environmental Protection Agency; and |
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(3) information on how consumers can obtain additional |
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information from the Green Vehicle Guide. |
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(b) In addition to the information required by Subsection |
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(a), the brochure shall include: |
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(1) the emissions and air pollution ratings, not |
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including fuel efficiency, for each motor vehicle described by |
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Subsection (a)(1) based on the motor vehicle's federal bin |
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certification number; |
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(2) information on where the federal bin certification |
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number is located on each motor vehicle; and |
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(3) instructions that clearly indicate how to |
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interpret the federal bin certification number. |
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(c) The commission by rule shall establish standards |
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relating to the preparation and distribution to franchised dealers |
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and to the dealers' customers of the brochure required by this |
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section. |
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SECTION 4. Section 386.160(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The comptroller by rule shall develop a method to |
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administer and account for the motor vehicle purchase or lease |
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incentives authorized by this subchapter and to pay incentive money |
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to the purchaser or lessee of a new motor vehicle, on application of |
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the purchaser or lessee as provided by this subchapter. The |
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comptroller shall process applications for incentives in the order |
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in which they are received. |
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SECTION 5. Section 386.161(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) If the balance available for motor vehicle purchase or |
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lease incentives falls below 15 percent of the total allocated for |
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the incentives during that fiscal year, the comptroller by order |
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shall suspend the incentives and cease accepting or processing |
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applications for incentives until the date the comptroller can |
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certify that the balance available in the fund for incentives is an |
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amount adequate to resume the incentives or the beginning of the |
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next fiscal year, whichever is earlier. If the comptroller |
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suspends the incentives, the comptroller shall immediately notify |
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the commission and all new motor vehicle dealers and leasing agents |
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that the incentives have been suspended. |
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SECTION 6. Section 386.252(a), Health and Safety Code, is |
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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, 77.5 [87.5] percent of the money in the fund, of which not |
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more than four percent may be used for the clean school bus program |
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and not more than 10 percent may be used for on-road diesel purchase |
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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 the motor vehicle purchase or lease incentive |
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program, 10 percent of the money in the fund; and |
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(4) 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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SECTION 7. Section 386.153, Health and Safety Code, as |
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amended by this Act, applies only to a new motor vehicle sold or |
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leased on or after the effective date of this Act. A new motor |
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vehicle sold or leased before the effective date of this Act is |
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governed by the law as it existed immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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SECTION 8. (a) Not later than June 1, 2010, the Texas |
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Commission on Environmental Quality shall adopt the rules required |
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by Section 386.157, Health and Safety Code, as added by this Act. |
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(b) Not later than September 1, 2010, each manufacturer of a |
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new motor vehicle offered for sale in this state shall prepare and |
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distribute to its franchised dealers in this state the brochure |
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required by Section 386.157, Health and Safety Code, as added by |
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this Act. |
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SECTION 9. This Act takes effect September 1, 2009. |