No
equivalent provision.
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SECTION 1. Sections
2158.004(a), (b), (c), and (d), Government Code, are amended to read as
follows:
(a) A state agency operating
a fleet of more than 15 vehicles, excluding law enforcement and emergency
vehicles, may not purchase or lease a motor vehicle unless that vehicle
uses compressed natural gas, liquefied natural gas, liquefied petroleum
gas, methanol or methanol/gasoline blends of 85 percent or greater, ethanol
or ethanol/gasoline blends of 85 percent or greater, biodiesel or
biodiesel/diesel blends of 20 percent or greater, hydrogen fuel cells,
or electricity, including electricity to power a plug-in hybrid motor
vehicle.
(b) A state agency may
obtain equipment or refueling facilities necessary to operate vehicles
using compressed natural gas, liquefied natural gas, liquefied petroleum
gas, methanol or methanol/gasoline blends of 85 percent or greater, ethanol
or ethanol/gasoline blends of 85 percent or greater, biodiesel or
biodiesel/diesel blends of 20 percent or greater, hydrogen fuel cells,
or electricity, including electricity to power a plug-in hybrid motor
vehicle:
(1) by purchase or lease as
authorized by law;
(2) by gift or loan of the
equipment or facilities; or
(3) by gift or loan of the
equipment or facilities or by another arrangement under a service contract
for the supply of compressed natural gas, liquefied natural gas, liquefied
petroleum gas, methanol or methanol/gasoline blends of 85 percent or
greater, ethanol or ethanol/gasoline blends of 85 percent or greater,
biodiesel or biodiesel/diesel blends of 20 percent or greater, hydrogen
fuel cells, or electricity, including electricity to power a plug-in
hybrid motor vehicle.
(c) If the equipment or
facilities are donated, loaned, or provided through another arrangement
with the supplier of compressed natural gas, liquefied natural gas,
liquefied petroleum gas, methanol or methanol/gasoline blends of 85 percent
or greater, ethanol or ethanol/gasoline blends of 85 percent or greater,
biodiesel or biodiesel/diesel blends of 20 percent or greater, hydrogen
fuel cells, or electricity, including electricity to power a plug-in
hybrid motor vehicle, the supplier is entitled to recoup its actual cost of
donating, loaning, or providing the equipment or facilities through its
fuel charges under the supply contract.
(d) The commission may waive
the requirements of this section for a state agency on receipt of
certification supported by evidence acceptable to the commission that:
(1) the agency's vehicles
will be operating primarily in an area in which neither the agency nor a
supplier has or can reasonably be expected to establish adequate refueling
for compressed natural gas, liquefied natural gas, liquefied petroleum gas,
methanol or methanol/gasoline blends of 85 percent or greater, ethanol or
ethanol/gasoline blends of 85 percent or greater, biodiesel or biodiesel/diesel
blends of 20 percent or greater, hydrogen fuel cells, or
electricity, including electricity to power a plug-in hybrid motor vehicle;
or
(2) the agency is unable to
obtain equipment or refueling facilities necessary to operate vehicles
using compressed natural gas, liquefied natural gas, liquefied petroleum
gas, methanol or methanol/gasoline blends of 85 percent or greater, ethanol
or ethanol/gasoline blends of 85 percent or greater, biodiesel or
biodiesel/diesel blends of 20 percent or greater, hydrogen fuel cells,
or electricity, including electricity to power a plug-in hybrid motor
vehicle, at a projected cost that is reasonably expected to be no greater
than the net costs of continued use of conventional gasoline or diesel
fuels, measured over the expected useful life of the equipment or
facilities supplied.
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SECTION 1. Subchapter A,
Chapter 2158, Government Code, is amended by adding Section 2158.0051 to
read as follows:
Sec. 2158.0051.
ALTERNATIVE FUEL FLEETS. (a) It is the intent of this state that:
(1) the vehicle fleet of
a state agency, county, or municipality
that operates a fleet of more than 15 motor vehicles be converted into or
replaced with motor vehicles that use compressed natural gas, liquefied
natural gas, liquefied petroleum gas, hydrogen fuel cells, or electricity,
including fully electric vehicles and plug-in hybrid motor vehicles; and
(2) motor vehicles of a
state agency, county, or municipality described by Subdivision (1) that
are capable of using fuels described by that subdivision be primarily
operated with those fuels rather than conventional gasoline or diesel
fuels.
(b) In complying with
Subsection (a), a state agency to which this section applies shall
prioritize:
(1) the purchase or lease
of new motor vehicles when replacing vehicles or adding vehicles to the
fleet;
(2) the purchase of new
motor vehicles to replace vehicles that have the highest total mileage and
do not use a fuel described by Subsection (a);
(3) the conversion of
motor vehicles that were driven the most miles during the previous
biennium and do not use a fuel described by Subsection(a); and
(4) to the extent
feasible, obtaining, whether by conversion, purchase, or lease, motor
vehicles that use compressed natural gas or liquefied natural gas.
(c) A county or municipality may comply with the intent of the
legislature as described in Subsection (a). If the county or municipality
complies with the intent, the county or municipality shall prioritize the
actions listed in Subsections (b)(1)-(4).
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SECTION 2. Subchapter A,
Chapter 2158, Government Code, is amended by adding Section 2158.0051 to
read as follows:
Sec. 2158.0051.
ALTERNATIVE FUEL FLEETS. (a) It is the intent of this state that:
(1) the vehicle fleet of
a state agency that operates a fleet of more than 15 motor vehicles, subject to the availability of funds, shall
be converted into or replaced with motor vehicles that use compressed
natural gas, liquefied natural gas, liquefied petroleum gas, hydrogen fuel
cells, or electricity, including fully electric vehicles and plug-in hybrid
motor vehicles;
(2) a county or municipality that operates a vehicle fleet of more
than 15 motor vehicles is authorized, but is not required, to convert the
fleet into or replace the fleet with motor vehicles that use compressed
natural gas, liquefied natural gas, liquefied petroleum gas, hydrogen fuel
cells, or electricity, including fully electric vehicles and plug-in hybrid
motor vehicles; and
(3) motor vehicles of a
state agency, county, or municipality described by Subdivisions (1) and (2) that are capable of using fuels
described by those subdivisions be primarily operated with those fuels
rather than conventional gasoline or diesel fuels.
(b) In complying with
Subsection (a), a state agency to which this section applies shall
prioritize:
(1) the purchase or lease
of new motor vehicles when replacing vehicles or adding vehicles to the
fleet;
(2) the purchase of new
motor vehicles to replace vehicles that have the highest total mileage and
do not use a fuel described by Subsection (a);
(3) the conversion of
motor vehicles that were driven the most miles during the previous biennium
and do not use a fuel described by Subsection (a); and
(4) to the extent
feasible, obtaining, whether by conversion, purchase, or lease, motor
vehicles that use compressed natural gas, liquefied natural gas, or liquefied petroleum gas.
(c) Subsection (a)(1) does not apply to law enforcement or
emergency vehicles.
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SECTION 2. Chapter 403,
Government Code, is amended by adding Subchapter R to read as follows:
SUBCHAPTER R. GOVERNMENTAL
ALTERNATIVE FUEL FLEET GRANT PROGRAM
Sec. 403.461.
DEFINITIONS. In this subchapter:
(1) "Alternative
fuel" means compressed natural gas, liquefied natural gas, liquefied
petroleum gas, hydrogen fuel cells, or electricity, including electricity
to power fully electric vehicles and plug-in hybrid motor vehicles.
(2) "Incremental
cost" means the cost of a motor vehicle or the cost of purchasing or
installing refueling infrastructure and equipment less a baseline cost
that would otherwise be incurred by a grant recipient in the normal course
of business. Incremental costs may include added lease or fuel costs as
well as additional capital costs.
(3) "Motor
vehicle" means a self-propelled device designed for transporting
persons or property on a public highway that is required to be registered
under Chapter 502, Transportation Code.
(4) "Program"
means the governmental alternative fuel fleet grant program established
under this subchapter.
(5) "State
agency" has the meaning assigned by Section 2151.002, Government
Code.
Sec. 403.462. PROGRAM.
(a) The comptroller shall establish
and administer a governmental alternative fuel fleet grant program to
assist an eligible state agency, county, or municipality in complying with Section 2158.0051 through
the purchase or lease of new motor vehicles that operate primarily on an
alternative fuel.
(b) The program may
provide a grant to a state agency, county, or municipality to:
(1) purchase or lease a
new motor vehicle described by Section 403.464; or
(2) purchase and install refueling infrastructure and equipment described by Section 403.465
to store and dispense alternative fuel needed for a motor vehicle described
by Subdivision (1).
Sec. 403.463. ELIGIBLE
APPLICANTS. (a) A state agency, county, or municipality is eligible to
apply for a grant under this program if the entity operates a fleet of
more than 15 motor vehicles, excluding motor vehicles that are owned and
operated by a private company or other third party under a contract with
the entity.
(b) A transit or school
transportation provider or other similar entity established to provide
public or school transportation services is eligible for a grant under
this program.
Sec. 403.464. MOTOR
VEHICLE REQUIREMENTS. (a) A grant recipient may purchase or lease with
money from a grant under the program a new motor vehicle that:
(1) is originally
manufactured to operate using one or more alternative fuels or is
converted to operate using one or more alternative fuels before the first
retail sale of the vehicle; and
(2) has a dedicated
system, dual-fuel system, or bi-fuel system with a range of at least 125 miles when operating on the alternative
fuel without refueling, as published by the United States Environmental
Protection Agency.
(b) A grant recipient may
not use money from a grant under the program to replace a motor vehicle,
transit bus, or school bus that operates on an alternative fuel unless the
replacement vehicle produces less emissions and has greater fuel
efficiency than the vehicle being replaced.
Sec. 403.465. REFUELING
INFRASTRUCTURE AND EQUIPMENT REQUIREMENTS. A grant recipient may purchase
or install refueling infrastructure or equipment with money from a grant
under the program if:
(1) the purchase or
installation is made in conjunction with the purchase or lease of a motor
vehicle as described by Section 403.464;
(2) the grant recipient
demonstrates that a refueling station that meets the needs of the recipient
is not available within 30 miles of
the location at which the recipient's vehicles are stored or primarily
used; and
(3) the refueling
infrastructure or equipment will be owned and operated by the grant
recipient.
Sec. 403.466. ELIGIBLE
COSTS. (a) A motor vehicle lease agreement paid for with money from a
grant under the program must have a term of at least three years.
(b) Refueling
infrastructure or equipment purchased or installed with money from a grant
under the program must be used specifically to store or dispense
alternative fuel, as determined by the comptroller.
Sec. 403.467. GRANT
AMOUNTS. (a) The comptroller may
establish standardized grant amounts based on the incremental costs
associated with the purchase or lease of different categories of motor
vehicles, including the type of fuel used, vehicle class, and other
categories the comptroller considers
appropriate.
(b) In determining the
incremental costs and setting the standardized grant amounts, the comptroller may consider the difference in
cost between a new motor vehicle operated using conventional gasoline or
diesel fuel and a new motor vehicle operated using alternative fuel.
(c) The amount of a grant
for the purchase or lease of a motor vehicle may not exceed the amount of
the incremental cost of the purchase or lease.
(d) The comptroller may establish grant amounts to
reimburse the full cost of the purchase and
installation of refueling infrastructure or equipment or may establish
criteria for reimbursing a percentage of the cost.
(e) A grant under the
program may be combined with funding from other sources, including other
grant programs, except that a grant may not be combined with other funding
or grants from the Texas emissions reduction plan. When combined with
other funding sources, a grant may not exceed the total cost to the grant
recipient.
Sec. 403.468.
AVAILABILITY OF EMISSIONS REDUCTION CREDITS.
Sec. 403.469. USE OF GRANT
MONEY BY COUNTY OR MUNICIPALITY. A county or municipality shall prioritize
the use of money from a grant under
the program as required by Sections
2158.0051(b)(1)-(4).
Sec. 403.470. GRANT
PROCEDURES AND CRITERIA. (a) The comptroller
shall establish specific criteria and procedures in order to implement and
administer the program, including the creation and provision of application
forms and guidance on the application process.
(b) The comptroller shall award a grant through a
contract between the comptroller
and the grant recipient.
(c) The comptroller may limit funding for a
particular period according to priorities established by the comptroller, including limiting the
availability of grants to specific entities, geographic areas, or types of
vehicles and infrastructure.
(d) In determining priorities for funding
under the program, the comptroller
shall consider:
(1) the effectiveness of
a proposed project in assisting an applicant in complying with Section
2158.0051;
(2) the total amount of the
emissions reduction that would be achieved from the project;
(3) the type and number
of vehicles purchased, leased, or converted;
(4) the location of the
fleet and the refueling infrastructure or equipment;
(5) the number of
vehicles served and the rate at which vehicles are served by the refueling
infrastructure or equipment;
(6) the amount of any
matching funds committed by the applicant; and
(7) the schedule for
project completion.
Sec. 403.471. EXPIRATION.
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SECTION 3. Subtitle C, Title
5, Health and Safety Code, is amended by adding Chapter 395 to read as
follows:
CHAPTER 395. GOVERNMENTAL
ALTERNATIVE FUEL FLEET GRANT PROGRAM
Sec. 395.001.
DEFINITIONS. In this chapter:
(1) "Alternative
fuel" means compressed natural gas, liquefied natural gas, liquefied
petroleum gas, hydrogen fuel cells, or electricity, including electricity
to power fully electric vehicles and plug-in hybrid motor vehicles.
(2) "Commission" means the Texas Commission on Environmental
Quality.
(3) "Incremental
cost" means the cost of a motor vehicle or the cost of purchasing or
installing refueling infrastructure and equipment less a baseline cost that
would otherwise be incurred by a grant recipient in the normal course of
business. Incremental costs may include added lease or fuel costs as well
as additional capital costs.
(4) "Motor
vehicle" means a self-propelled device designed for transporting
persons or property on a public highway that is required to be registered
under Chapter 502, Transportation Code.
(5) "Political subdivision" means a school district,
junior college district, river authority, water district or other special
district, or other political subdivision created under the constitution or
a statute of this state, other than a county or municipality.
(6) "Program"
means the governmental alternative fuel fleet grant program established
under this chapter.
(7) "State
agency" has the meaning assigned by Section 2151.002, Government Code.
Sec. 395.002. PROGRAM.
(a) The commission shall establish
and administer a governmental alternative fuel fleet grant program to
assist an eligible state agency, county, municipality, or political subdivision in:
(1) purchasing or leasing
new motor vehicles that operate primarily on an alternative fuel; or
(2) converting motor vehicles to operate primarily on an
alternative fuel.
(b) The program is funded under the Texas emissions reduction plan
established under Chapter 386.
(c) The program may
provide a grant to a state agency, county, municipality, or political subdivision to:
(1) purchase or lease a
new motor vehicle described by Section 395.004;
(2) convert a motor vehicle to operate primarily on an alternative
fuel; or
(3) purchase, lease, or install refueling infrastructure
or equipment or procure refueling services as described by Section
395.005 to store and dispense alternative fuel needed for a motor vehicle
described by Subdivision (1) or (2).
Sec. 395.003. ELIGIBLE
APPLICANTS. (a) A state agency, county, or municipality is eligible to
apply for a grant under this program if the entity operates a fleet of more
than 15 motor vehicles, excluding motor vehicles that are owned and
operated by a private company or other third party under a contract with
the entity.
(b) A mass transit or school transportation
provider or other broadly similar public entity established to provide
public or school transportation services is eligible for a grant under this
program.
(c) If, on April 1 of an even-numbered year, the commission has
awarded less than 75 percent of the total amount to be awarded in that
fiscal year to eligible applicants under Subsections (a) and (b), a
political subdivision is eligible to apply for a grant under the program
during the remainder of that fiscal year.
Sec. 395.004. MOTOR
VEHICLE REQUIREMENTS. (a) A grant recipient may purchase or lease with
money from a grant under the program a new motor vehicle that:
(1) is originally
manufactured to operate using one or more alternative fuels or is converted
to operate using one or more alternative fuels before the first retail sale
of the vehicle; and
(2) has a dedicated
system, dual-fuel system, or bi-fuel system with a range equivalent of at least 75 miles when operating on the alternative
fuel without refueling, as published by the United States Environmental
Protection Agency.
(b) A grant recipient may
not use money from a grant under the program to replace a motor vehicle,
transit bus, or school bus that operates on an alternative fuel unless the
replacement vehicle produces fewer emissions and has greater fuel
efficiency than the vehicle being replaced.
Sec. 395.005. REFUELING
INFRASTRUCTURE, EQUIPMENT, AND SERVICES. A grant recipient may purchase, lease, or install refueling infrastructure
or equipment or procure refueling services
with money from a grant under the program if:
(1) the purchase, lease, installation, or procurement is made in conjunction with
the purchase or lease of a motor vehicle as described by Section 395.004 or the conversion of a motor vehicle to operate
primarily on an alternative fuel;
(2) the grant recipient
demonstrates that a refueling station that meets the needs of the recipient
is not available within five miles
of the location at which the recipient's vehicles are stored or primarily
used; and
(3) for the purchase or installation of refueling
infrastructure or equipment, the infrastructure or equipment will be
owned and operated by the grant recipient, and
for the lease of refueling infrastructure or equipment or the procurement
of refueling services, a third-party service provider engaged by the grant
recipient will provide the infrastructure, equipment, or services.
Sec. 395.006. ELIGIBLE
COSTS. (a) A motor vehicle lease agreement paid for with money from a grant
under the program must have a term of at least three years.
(b) Refueling
infrastructure or equipment purchased or installed with money from a grant
under the program must be used specifically to store or dispense
alternative fuel, as determined by the commission.
(c) A lease of or service agreement for refueling infrastructure,
equipment, or services paid for with money from a grant under the program
must have a term of at least three years.
Sec. 395.007. GRANT
AMOUNTS. (a) The commission may
establish standardized grant amounts based on the incremental costs
associated with the purchase or lease of different categories of motor
vehicles, including the type of fuel used, vehicle class, and other
categories the commission considers
appropriate.
(b) In determining the
incremental costs and setting the standardized grant amounts, the commission may consider the difference in
cost between a new motor vehicle operated using conventional gasoline or
diesel fuel and a new motor vehicle operated using alternative fuel.
(c) The amount of a grant
for the purchase or lease of a motor vehicle may not exceed the amount of
the incremental cost of the purchase or lease.
(d) The commission may establish grant amounts to
reimburse the full cost of the purchase, lease,
installation, or procurement of
refueling infrastructure, equipment, or services
or may establish criteria for reimbursing a percentage of the cost.
(e) A grant under the
program may be combined with funding from other sources, including other
grant programs, except that a grant may not be combined with other funding
or grants from the Texas emissions reduction plan. When combined with
other funding sources, a grant may not exceed the total cost to the grant
recipient.
Sec. 395.008.
AVAILABILITY OF EMISSIONS REDUCTION CREDITS.
Sec. 395.009. USE OF
GRANT MONEY BY COUNTY OR MUNICIPALITY. A county or municipality shall
prioritize the actions listed in
Sections 2158.0051(b)(1)-(4), Government Code, when using money from a grant under the program.
Sec. 395.010. GRANT
PROCEDURES AND CRITERIA. (a) The commission
shall establish specific criteria and procedures in order to implement and
administer the program, including the creation and provision of application
forms and guidance on the application process.
(b) The commission shall award a grant through a
contract between the commission and
the grant recipient.
(b-1) The commission shall provide an online application process
for the submission of all required application documents.
(c) The commission may limit funding for a
particular period according to priorities established by the commission, including limiting the
availability of grants to specific entities, for
certain types of vehicles and infrastructure, or to certain geographic areas to ensure equitable distribution of grant funds
across the state.
(d) In awarding grants under the program, the commission shall
prioritize projects that:
(1) are proposed by a state agency;
(2) are in or near a nonattainment area;
(3) are in an affected county, as that term is defined by Section
386.001(2);
(4) will produce the greatest emissions reductions; and
(5) will generate the most marketable credits under a state or
federal emissions reduction credit averaging, banking, or trading program.
(e) In addition to the requirements under Subsection (d), in
awarding grants under the program, the commission
shall consider:
(1) the effectiveness of
a proposed project in assisting an applicant in complying with Section
2158.0051, Government Code;
(2) the total amount of
the emissions reduction that would be achieved from the project;
(3) the type and number
of vehicles purchased, leased, or converted;
(4) the location of the
fleet and the refueling infrastructure or equipment;
(5) the number of
vehicles served and the rate at which vehicles are served by the refueling
infrastructure or equipment;
(6) the amount of any
matching funds committed by the applicant; and
(7) the schedule for
project completion.
(f) The commission may not award more than 10 percent of the total
amount awarded under the program in any fiscal year for purchasing,
leasing, installing, or procuring refueling infrastructure, equipment, or
services.
Sec. 395.011. FUNDING. The legislature may appropriate money to
the commission from the Texas emissions reduction plan fund established
under Section 386.251 to administer the program.
Sec. 395.0115. ADMINISTRATIVE COSTS. In each fiscal year, the
commission may use up to three-fourths of one percent of the total amount
of money awarded under the program in that fiscal year, but not more than
$1 million, for the administrative costs of the program.
Sec. 395.012. RULES. The commission may adopt rules as necessary
to implement this chapter.
Sec. 395.013. REPORT REQUIRED. On or before November 1 of each
even-numbered year, the commission shall submit to the governor, the
lieutenant governor, and members of the legislature a report that includes
the following information regarding awards made under the program during
the preceding state fiscal biennium:
(1) the number of grants awarded under the program;
(2) the recipient of each grant awarded;
(3) the number of vehicles converted or replaced;
(4) the number, type, and location of any refueling
infrastructure, equipment, or services funded under the program;
(5) the total emissions reductions achieved under the program; and
(6) any other information the commission considers relevant.
Sec. 395.014.
EXPIRATION.
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