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No
equivalent provision.
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SECTION 1. Section
386.051(b), Health and Safety Code, is amended to read as follows:
(b) Under the plan, the
commission and the comptroller shall provide grants or other funding for:
(1) the diesel emissions
reduction incentive program established under Subchapter C, including for
infrastructure projects established under that subchapter;
(1-a) the drayage truck
incentive program established under Subchapter C-1;
(2) the motor vehicle
purchase or lease incentive program established under Subchapter D;
(3) the air quality research
support program established under Chapter 387;
(4) the clean school bus
program established under Chapter 390;
(5) the new technology
implementation grant program established under Chapter 391;
(6) the regional air
monitoring program established under Section 386.252(a) [386.252(a)(5)];
(7) a health effects study
as provided by Section 386.252(a) [386.252(a)(7)];
(8) air quality planning
activities as provided by Section 386.252(a) [386.252(a)(8)];
[and]
(9) a contract with the
Energy Systems Laboratory at the Texas Engineering Experiment Station for
computation of creditable statewide emissions reductions as provided by
Section 386.252(a);
(10) the clean fleet
program established under Chapter 392;
(11) the alternative
fueling facilities program; and
(12) the natural gas
vehicle grants program and clean transportation triangle program [386.252(a)(9)].
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SECTION 1. Chapter 386,
Health and Safety Code, is amended by adding Subchapter D-1 to read as
follows:
SUBCHAPTER D-1. DRAYAGE
TRUCK INCENTIVE PROGRAM
Sec. 386.181.
DEFINITION.
In this subchapter,
"drayage truck" means a truck that
transports a load in a port, distribution center, or rail yard.
Sec. 386.182. COMPTROLLER
AND COMMISSION DUTIES. (a) The comptroller
and the commission shall develop a purchase incentive program to
encourage owners to replace pre-2007 model year drayage trucks with newer drayage
trucks and shall adopt rules necessary to implement the program.
(b) The commission by
rule shall establish criteria for the models of drayage trucks that are
eligible for inclusion in an incentive program under this subchapter. The rules
must provide that a drayage truck owner is not eligible for an incentive
payment under this subchapter unless the truck being replaced is from a
pre-2007 model year and the replacement truck is from model year 2007 or
later.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
Sec. 386.183. DRAYAGE
TRUCK PURCHASE INCENTIVE. (a) To be eligible for an incentive under this
subchapter, a person must:
(1) purchase a replacement
drayage truck that under the rules adopted by the commission under Section
386.182 is eligible for inclusion in the program for an incentive under
this subchapter; and
(2) agree to:
(A) register the truck in
this state;
(B) operate the truck in a
port, distribution center, or rail yard in a nonattainment area or affected
county of this state for not less than 75 percent of the vehicle's annual
mileage; and
(C) permanently remove a
pre-2007 drayage truck owned by the person from operation in a nonattainment
area or affected county of this state immediately after the purchase of the
new truck.
(b) To receive money
under an incentive program provided by this subchapter, the purchaser of a
drayage truck eligible for inclusion in the program must apply for the
incentive in the manner provided by law or by rule of the comptroller.
(c) Not more than one
incentive may be provided for each drayage truck purchased.
(d) An incentive provided
under this subchapter may be used to fund not more than 60 percent of the
purchase price of the drayage truck.
(e) The commission by
rule shall establish procedures to verify that a person who receives an
incentive has permanently removed a pre-2007 drayage truck owned by the
person from operation in a nonattainment area or affected county of this
state immediately after the purchase of the new truck.
Sec. 386.184. COMPTROLLER
TO ACCOUNT FOR PURCHASE INCENTIVES. (a) The comptroller by rule shall
develop a method to administer and account for the drayage truck purchase
incentives authorized by this subchapter and to pay incentive money to the
purchaser of a replacement drayage truck who submits an application and
qualifies for the incentive under this subchapter.
(b) The comptroller shall
develop and publish forms and instructions for the purchaser of a
replacement drayage truck to use in applying to the comptroller for an
incentive payment under this subchapter. The comptroller shall make the
forms available to drayage truck dealers. Dealers shall make the forms available
to their prospective purchasers.
(c) In addition to other
forms developed and published under this section, the comptroller shall
develop and publish a verification form by which, with information provided
by a drayage truck dealer, the comptroller can verify the sale of a truck
covered by this subchapter. The verification form must include at least
the name of the purchaser, the vehicle identification number of the truck
involved, the date of the purchase, and the name of a drayage truck dealer involved
in the transaction.
(d) At the time of sale
of a replacement drayage truck included in the incentive program under this
subchapter, a drayage truck dealer shall complete the verification form
supplied to the dealer by the comptroller. The purchaser shall include the
completed verification form as part of the purchaser's application for an
incentive.
(e) A drayage truck
dealer shall maintain a copy of the completed verification form for at
least two years from the date of the purchase.
Sec. 386.185. REPORT TO
COMMISSION; SUSPENSION OF PURCHASE OR LEASE INCENTIVES. (a) The
comptroller shall report to the commission annually regarding drayage truck
purchase incentives.
(b) If the balance
available for drayage truck purchase incentives falls below 15 percent of
the total allocated for the incentives during that fiscal year, the
comptroller by order shall suspend the incentives until the date the
comptroller can certify that the balance available in the fund for
incentives is an amount adequate to resume the incentives or the beginning
of the next fiscal year, whichever is earlier. If the comptroller suspends
the incentives, the comptroller immediately shall notify the commission and
all drayage truck dealers that the incentives have been suspended.
(c) The comptroller shall
establish a toll-free telephone number available to drayage truck dealers
to use to verify whether incentives are available. The comptroller may
provide for issuing verification numbers over the telephone line.
(d) Reliance by a drayage
truck dealer on information provided by the comptroller or commission is a
complete defense to an action involving or based on the eligibility of a
drayage truck for inclusion in an incentive program or on the availability
of drayage trucks eligible for inclusion in an incentive program.
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SECTION 2. Chapter 386,
Health and Safety Code, is amended by adding Subchapter C-1 to read as
follows:
SUBCHAPTER C-1. DRAYAGE
TRUCK INCENTIVE PROGRAM
Sec. 386.131.
DEFINITIONS. In this subchapter:
(1) "Drayage activity" includes the use of a drayage truck
in an urban area for:
(A) the transport of goods within a seaport that is located in the
urban area;
(B) the pickup and delivery of goods to the seaport from a separate
location in the urban area;
(C) the pickup and delivery of goods from the seaport to a separate
location in the urban area; and
(D) any trips required to return the drayage truck to its normal
base within the urban area.
(2) "Drayage
truck" means a heavy-duty on-road
vehicle or non-road terminal tractor that is used for drayage activities.
Sec. 386.132. COMMISSION
DUTIES.
(a) The commission shall
develop a purchase incentive program to encourage owners to replace drayage
trucks with newer drayage trucks and shall adopt rules necessary to
implement the program.
No
equivalent provision.
(b) Under the program,
the commission may:
(1) implement a
replacement program to reduce emissions from the operation of drayage
trucks used primarily for drayage activities at seaports in nonattainment
areas of this state;
(2) require that a
vehicle or equipment item acquired under the program be a vehicle or
equipment item best suited for drayage activities, such as a daycab truck
or vehicle or an equipment item specifically designed for use as a terminal
tractor; and
(3) establish the minimum
percentage of a year during which the vehicle or equipment item must be
operated within a specified distance from the port facility, in order to
promote emissions reductions to be achieved primarily in the immediate
vicinity of the port facility.
(c) To the extent
applicable, the commission may use rules, guidelines, criteria, and
requirements adopted to implement programs under Subchapter C to implement
the program established under this subchapter.
(d) The commission may
establish a maximum cost-effectiveness amount greater than the amount
established under Sections 386.106 and 386.107.
(e) The commission shall
include in the biennial plan report required by Section 386.057(b)
information on the drayage truck incentive program.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
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SECTION 2. Section
386.252(a), Health and Safety Code, as amended by Chapters 589 (S.B. 20)
and 892 (S.B. 385), Acts of the 82nd Legislature, Regular Session, 2011, is
reenacted and 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:
(A) not more than four
percent may be used for the clean school bus program;
(B) not more than 10 percent
may be used for on-road diesel purchase or lease incentives;
(C) a specified amount may
be used for the new technology implementation grant program, from which a
defined amount may be set aside for electricity storage projects related to
renewable energy;
(D) five percent shall be
used for the clean fleet program;
(E) two percent may be used
for the Texas alternative fueling facilities program;
(F) not less than 16 percent shall be used for the natural gas
vehicle grant program; [and]
(G) not more than four
percent may be used to provide grants for natural gas fueling stations
under Section 394.010; and
(H) not less than 20 percent shall be used for
the drayage truck incentive program;
(2)
for the new technology research and development program, nine percent of
the money in the fund, of which:
(A) up to $200,000 is
allocated for a health effects study;
(B) $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;
(C) not less than 20 percent is to be allocated each year to
support research related to air quality as provided by Section 387.002
[387.010]; and
(D)
the balance is allocated each year to the commission to be used to:
(i)
implement and administer the new technology research and development
program 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
(ii) contract with the
Energy Systems Laboratory at the Texas Engineering Experiment Station for
$216,000 annually for the development and annual computation of creditable statewide
emissions reductions obtained through wind and other renewable energy
resources for the state implementation plan; and
(3) two percent is allocated to the commission and 1.5 percent is
allocated to the laboratory for administrative costs incurred by the
commission and the laboratory.
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SECTION 3. Section
386.252(a), Health and Safety Code, as amended by Chapters 28 (S.B. 527),
589 (S.B. 20), and 892 (S.B. 385), Acts of the 82nd Legislature, Regular
Session, 2011, is reenacted and amended to read as follows:
(a) Money in the fund may be
used only to implement and administer programs established under the plan.
Money appropriated from the fund to the
commission to be used for the programs described by Section 386.051(b) [and the total appropriation] shall
be allocated as follows:
[(12)] the balance may be used by [is allocated
to] the commission only for the diesel emissions
reduction incentive program under Subchapter C.
(1) not more than four
percent may be used for the clean school bus program under Chapter 390;
(2) not more than 10 percent
may be used for on-road diesel purchase or lease incentives under
Section 386.112;
(3) a specified amount may
be used for the new technology implementation grant program under
Chapter 391, from which a defined amount may be set aside for
electricity storage projects related to renewable energy;
(4) five percent may
[shall] be used only for the clean fleet program under
Chapter 392;
(5)
[not more than $7 million shall be allocated in 2012 and 2013 and]
not more than $3 million may [shall] be used by the
commission [allocated in 2014 and in subsequent years] to fund a
regional air monitoring program in commission Regions 3 and 4 to be
implemented under the commission's oversight, including direction regarding
the type, number, location, and operation of, and data validation practices
for, monitors funded by the program through a regional nonprofit entity
located in North Texas having representation from counties, municipalities,
higher education institutions, and private sector interests across the
area;
(8) not more than two percent may be used for
the Texas alternative fueling facilities program;
(6) 16 percent may be
used only for the Texas natural gas vehicle grant program;
(7) not more than four
percent may be used to provide grants for natural gas fueling stations
under the clean transportation triangle program;
(13) not more than $5,000,000 may be used for the
drayage truck incentive program under Subchapter C-1; and
(10) not more than [(7)
up to] $200,000 may be used [is allocated] for a health
effects study;
(11) not more than [(8) up to]
$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;
(9) a specified amount may be used [is to be
allocated] each year to support research related to air quality
as provided by Chapter 387;
(12) [(9)] not more than $216,000 may be used by
[is allocated to] the commission to contract with the Energy
Systems Laboratory at the Texas Engineering Experiment Station annually for
the development and annual computation of creditable statewide emissions
reductions obtained through wind and other renewable energy resources for
the state implementation plan;
(14) [(10) not
more than $3,400,000 is allocated to the commission for administrative
costs incurred by the commission;
[(11) 1.5 percent of the
money in the fund is allocated for administrative costs incurred by the
laboratory; and
SECTION 4. Section 386.252,
Health and Safety Code, is amended by adding Subsections (h) and (i) to
read as follows:
(i) Unless a specified amount is appropriated for
administrative costs, of the total appropriation to the commission from the
fund, not more than the greater of two percent or $3,400,000 may be
used by the commission for administrative costs.
(h) Not more than 1.5 percent of the money in
the fund may be used for administrative costs incurred by the laboratory
for work required under this chapter.
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