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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of an alternative fuel program 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. Section 386.252(a), Health and Safety Code, as |
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amended by Chapters 1125 (H.B. 1796) and 1232 (S.B. 1759), Acts of |
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the 81st Legislature, Regular Session, 2009, is reenacted and |
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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, 87.5 percent of the money in the fund, of which: |
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(A) not more than four percent may be used for the |
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clean school bus program; |
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(B) not more than 10 percent may be used for |
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on-road diesel purchase or lease incentives; [and] |
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(C) a specified amount may be used for the new |
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technology implementation grant program, from which a defined |
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amount may be set aside for electricity storage projects related to |
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renewable energy; |
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(D) five percent shall be used for the clean |
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fleet program; and |
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(E) two percent may be used for the alternative |
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fueling facilities program; |
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(2) for the new technology research and development |
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program, nine percent of the money in the fund, of which: |
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(A) up to $200,000 is allocated for a health |
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effects study; |
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(B) $500,000 is to be deposited in the state |
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treasury to the credit of the clean air account created under |
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Section 382.0622 to supplement funding for air quality planning |
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activities in affected counties; |
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(C) not less than 20 percent is to be allocated |
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each year to support research related to air quality as provided by |
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Section 387.010; and |
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(D) the balance is allocated each year to the |
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commission to be used to: |
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(i) implement and administer the new |
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technology research and development program for the purpose of |
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identifying, testing, and evaluating new emissions-reducing |
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technologies with potential for commercialization in this state and |
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to facilitate their certification or verification; and |
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(ii) contract with the Energy Systems |
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Laboratory at the Texas Engineering Experiment Station for $216,000 |
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annually for the development and annual computation of creditable |
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statewide emissions reductions obtained through wind and other |
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renewable energy resources for the state implementation plan; and |
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(3) two percent is allocated to the commission and 1.5 |
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percent is allocated to the laboratory for administrative costs |
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incurred by the commission and the laboratory. |
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SECTION 2. Section 386.252, Health and Safety Code, is |
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amended by adding Subsection (e) to read as follows: |
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(e) The commission may allocate unexpended money designated |
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for the alternative fueling facilities program to other programs |
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described under Subsection (a) after the commission allocates money |
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to recipients under the alternative fueling facilities program. |
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SECTION 3. Subtitle C, Title 5, Health and Safety Code, is |
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amended by adding Chapter 393 to read as follows: |
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CHAPTER 393. ALTERNATIVE FUELING FACILITIES PROGRAM |
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Sec. 393.001. 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, or a mixture of fuels containing at least 85 |
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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. 393.002. 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 for alternative fuel in nonattainment |
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areas. Under the program, the commission shall provide a grant for |
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each eligible facility to offset the cost of those facilities. |
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(b) An entity that constructs, reconstructs, or acquires an |
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alternative fueling facility is eligible to participate in the |
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program. |
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Sec. 393.003. 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, or dispense alternative fuels may |
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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. 393.004. ELIGIBILITY OF FACILITIES FOR GRANTS. (a) |
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The commission by rule shall establish criteria for prioritizing |
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facilities eligible to receive grants under this chapter. The |
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commission shall review and revise the criteria as appropriate. |
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(b) To be eligible for a grant under the program, the entity |
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receiving the grant must agree to make the alternative fueling |
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facility available to persons not associated with the entity at |
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times designated by the grant agreement. |
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(c) A recipient of a grant under this chapter is not |
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eligible to receive a second grant under this chapter for the same |
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facility. |
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Sec. 393.005. RESTRICTION ON USE OF GRANT. A recipient of a |
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grant under this chapter shall use the grant only to pay the costs |
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of the facility for which the grant is made. The recipient may not |
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use the grant to pay the recipient's administrative expenses. |
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Sec. 393.006. AMOUNT OF GRANT. For each eligible facility |
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for which a recipient is awarded a grant under the program, the |
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commission shall award the grant in an amount equal to the lesser |
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of: |
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(1) 50 percent of the sum of the actual costs incurred |
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by the grant recipient in one calendar year to construct, |
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reconstruct, or acquire the facility; or |
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(2) $500,000. |
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Sec. 393.007. EXPIRATION. This chapter expires August 31, |
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2018. |
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SECTION 4. The Texas Commission on Environmental Quality |
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shall adopt rules under Section 393.004, Health and Safety Code, as |
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added by this Act, as soon as practicable after the effective date |
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of this Act. |
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SECTION 5. This Act takes effect September 1, 2011. |