84R30934 JAM-D
 
  By: Zaffirini, et al. S.B. No. 911
 
  (Morrison)
 
  Substitute the following for S.B. No. 911:  No.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the eligibility for grants for natural gas fueling
  stations.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 393, Health and Safety Code, is amended
  by adding Section 393.0015 to read as follows:
         Sec. 393.0015.  INCLUSION OF SAN ANTONIO-CORPUS
  CHRISTI-LAREDO IN CLEAN TRANSPORTATION TRIANGLE. For the purposes
  of this chapter, a reference to the clean transportation triangle
  includes counties containing or intersected by a portion of: 
               (1)  an interstate highway connecting San Antonio to
  Corpus Christi or Laredo; or 
               (2)  a state highway connecting Corpus Christi and
  Laredo.
         SECTION 2.  Section 393.004, Health and Safety Code, is
  amended by adding Subsection (f) to read as follows:
         (f)  In addition to other preferences under this section, for
  fueling facilities to provide natural gas, the commission shall
  give preference to facilities located in the triangular area in and
  between the Corpus Christi, Laredo, and San Antonio areas.
         SECTION 3.  Section 394.005(c), Health and Safety Code, is
  amended to read as follows:
         (c)  As a condition of receiving a grant, the qualifying
  vehicle must be continuously owned, leased, or otherwise
  commercially financed and registered and operated in the state by
  the grant recipient until the earlier of the fourth anniversary of
  the date of reimbursement of the grant-funded expenses or until the
  date the vehicle has been in operation for 400,000 miles after the
  date of reimbursement.  Not less than 75 percent of the annual use
  of the qualifying vehicle, either mileage or fuel use as determined
  by the commission, must occur in:
               (1)  the counties any part of which are included in the
  areas [area] described by Section 394.010(a-1) [394.010(a)]; or
               (2)  counties designated as nonattainment areas within
  the meaning of Section 107(d) of the federal Clean Air Act (42
  U.S.C. Section 7407).
         SECTION 4.  The heading to Section 394.010, Health and
  Safety Code, is amended to read as follows:
         Sec. 394.010.  CLEAN TRANSPORTATION TRIANGLES [TRIANGLE].
         SECTION 5.  Section 394.010, Health and Safety Code, is
  amended by amending Subsections (a) and (d) and adding Subsections
  (a-1) and (a-2) to read as follows:
         (a)  In this section:
               (1)  "Affected county" has the meaning assigned by
  Section 386.001.
               (2)  "State highway" means a highway in this state
  included in the plan providing for a system of state highways
  prepared by the executive director of the Texas Department of
  Transportation under Section 201.103, Transportation Code.
         (a-1)  To ensure that natural gas vehicles purchased,
  leased, or otherwise commercially financed or repowered under the
  program have access to fuel, and to build the foundation for a
  self-sustaining market for natural gas vehicles in Texas, the
  commission shall award grants to support the development of a
  network of natural gas vehicle fueling stations:
               (1)  along the interstate highways connecting Houston,
  San Antonio, Dallas, and Fort Worth;
               (2)  along the interstate highways connecting San
  Antonio to Corpus Christi and Laredo and the state highways
  connecting Corpus Christi and Laredo;[,] and
               (3)  in nonattainment areas and affected counties of
  the state.
         (a-2)  In awarding the grants, the commission shall provide
  for:
               (1)  strategically placed natural gas vehicle fueling
  stations:
                     (A)  in and between the Houston, San Antonio, and
  Dallas-Fort Worth areas to enable a natural gas vehicle to travel in
  that triangular area relying solely on natural gas fuel;
                     (B)  in and between the Corpus Christi, Laredo,
  and San Antonio areas to enable a natural gas vehicle to travel in
  that triangular area relying solely on natural gas fuel;[,] and
                     (C)  in nonattainment areas and affected counties
  of the state, to enable a natural gas vehicle to travel in those
  areas relying solely on natural gas fuel;
               (2)  the grants to be dispersed through a competitive
  bidding process to offset a portion of the cost of installation of
  the natural gas dispensing equipment;
               (3)  contracts that require the recipient stations to
  meet operational, maintenance, and reporting requirements as
  specified by the commission; and
               (4)  a listing, to be maintained by the commission and
  made available to the public online, of all natural gas vehicle
  fueling stations that have received grant funding, including
  location and hours of operation.
         (d)  Stations funded by grants under this section must be
  publicly accessible.  In awarding grants for stations under this
  section, the [The] commission shall give preference to:
               (1)  stations providing both liquefied natural gas and
  compressed natural gas at a single location;
               (2)  stations located not more than one mile from an
  interstate highway [system]; and
               (3)  stations located in the triangular areas described
  by Subsections (a-2)(1)(A) and (B) [area between the Houston, San
  Antonio, and Dallas-Fort Worth areas].
         SECTION 6.  The changes in law made by this Act apply only to
  a Texas emissions reduction plan grant awarded on or after the
  effective date of this Act. A grant awarded before the effective
  date of this Act is governed by the law in effect on the date the
  award was made, and the former law is continued in effect for that
  purpose.
         SECTION 7.  Sections 1 and 2 of this Act take effect
  September 1, 2015, but only if H.B. 14, or similar legislation of
  the 84th Legislature, Regular Session, 2015, that transfers
  provisions governing grants for natural gas vehicle fueling
  facilities along interstate highways connecting Houston, San
  Antonio, Dallas, and Fort Worth and in nonattainment areas from the
  Texas natural gas vehicle grant program under Chapter 394, Health
  and Safety Code, to the Texas alternative fueling facility program
  under Chapter 393, Health and Safety Code, becomes law. If such a
  bill does not become law, those sections have no effect.
         SECTION 8.  Sections 3, 4, and 5, of this Act take effect
  September 1, 2015, but only if H.B. 14, or similar legislation of
  the 84th Legislature, Regular Session, 2015, that transfers
  provisions governing grants for natural gas vehicle fueling
  facilities along interstate highways connecting Houston, San
  Antonio, Dallas, and Fort Worth and in nonattainment areas from the
  Texas natural gas vehicle grant program under Chapter 394, Health
  and Safety Code, to the Texas alternative fueling facility program
  under Chapter 393, Health and Safety Code, does not become law. If
  such a bill becomes law, those sections have no effect.