83R8729 JXC-D

By: Smith H.B. No. 2499

A BILL TO BE ENTITLED

AN ACT

relating to the use of Texas emissions reduction plan funds for a drayage truck purchase incentive program.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

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.

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.

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.

SECTION 3. To the extent of any conflict, this Act prevails over another Act of the 83rd Legislature, Regular Session, 2013, relating to nonsubstantive additions to and corrections in enacted codes.

SECTION 4. This Act takes effect September 1, 2013.