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SENATE ENGROSSED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Sections
2158.004(a), (b), (c), and (d), Government Code, are amended.
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SECTION 1. Same as engrossed
version.
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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) Notwithstanding the purchase requirements of
Section 2158.004:
(1) the vehicle fleet of
a state agency that operates a fleet of more than 15 motor vehicles,
subject to the availability of funds, may be replaced with motor vehicles
that use compressed natural gas, liquefied natural gas, liquefied petroleum
gas, hydrogen fuel cells, or electricity, including both fully electric
motor vehicles and plug-in hybrid electric 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 replace the fleet with motor vehicles that use
compressed natural gas, liquefied natural gas, liquefied petroleum gas,
hydrogen fuel cells, or electricity, including both fully electric motor
vehicles and plug-in hybrid electric 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.
(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, including new motor vehicles that are converted to operate
on an alternative fuel described by Subsection (a)(1), when replacing
vehicles or adding vehicles to the fleet;
(2) the purchase of new
motor vehicles, including new motor vehicles that are converted to operate
on an alternative fuel described by Subsection (a)(1), to replace vehicles
that have the highest total mileage and do not use a fuel described by
Subsection (a)(1); and
(3) to the extent
feasible, obtaining, whether by purchase, purchase and conversion, 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. Subchapter A,
Chapter 2158, Government Code, is amended by adding Section 2158.0051 to
read as follows:
Sec. 2158.0051.
ALTERNATIVE FUEL FLEETS. (a) Notwithstanding the purchase requirements of
Section 2158.004:
(1) the vehicle fleet of
a state agency that operates a fleet of more than 15 motor vehicles,
subject to the availability of funds, may be replaced with motor vehicles
that use compressed natural gas, liquefied natural gas, liquefied petroleum
gas, hydrogen fuel cells, or electricity, including both fully electric
motor vehicles and plug-in hybrid electric 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 replace the fleet with motor
vehicles that use compressed natural gas, liquefied natural gas, liquefied
petroleum gas, hydrogen fuel cells, or electricity, including both fully
electric motor vehicles and plug-in hybrid electric 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 shall be primarily operated with those
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, including new motor vehicles that are converted to
operate on an alternative fuel described by Subsection (a)(1), when
replacing vehicles or adding vehicles to the fleet;
(2) the purchase of new
motor vehicles, including new motor vehicles that are converted to operate
on an alternative fuel described by Subsection (a)(1), to replace vehicles
that have the highest total mileage and do not use a fuel described by
Subsection (a)(1); and
(3) to the extent
feasible, obtaining, whether by purchase, purchase and conversion, 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 3. Section
386.001(3), Health and Safety Code, is amended.
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SECTION 3. Same as engrossed
version.
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SECTION 4. Section 386.002,
Health and Safety Code, is amended.
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SECTION 4. Same as engrossed
version.
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SECTION 5. 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;
(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);
(7) a health effects study
as provided by Section 386.252(a);
(8) air quality planning
activities as provided by Section 386.252(d) [386.252(a)];
(9) a contract with the
Energy Systems Laboratory at the Texas A&M Engineering
Experiment Station for computation of creditable statewide emissions
reductions as provided by Section 386.252(a) [386.252(a)(14)];
(10) the clean fleet program
established under Chapter 392;
(11) the alternative fueling
facilities program established under Chapter 393;
(12) the natural gas vehicle
grant program [and clean transportation triangle program]
established under Chapter 394;
(13) other programs the
commission may develop that lead to reduced emissions of nitrogen oxides,
particulate matter, or volatile organic compounds in a nonattainment area
or affected county;
(14) other programs the
commission may develop that support congestion mitigation to reduce mobile
source ozone precursor emissions; [and]
(15) the drayage truck incentive program
established under Subchapter D-1; and
(16) the governmental
alternative fuel fleet grant program established under Chapter 395.
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SECTION 5. 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;
(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);
(7) a health effects study
as provided by Section 386.252(a);
(8) air quality planning
activities as provided by Section 386.252(d) [386.252(a)];
(9) a contract with the
Energy Systems Laboratory at the Texas A&M Engineering
Experiment Station for computation of creditable statewide emissions
reductions and other reductions of
air contaminants subject to the permitting requirements of Chapter 382
as provided by Section 386.252(a) [386.252(a)(14)];
(10) the clean fleet program
established under Chapter 392;
(11) the alternative fueling
facilities program established under Chapter 393;
(12) the natural gas vehicle
grant program [and clean transportation triangle program]
established under Chapter 394;
(13) other programs the
commission may develop that lead to reduced emissions of nitrogen oxides,
particulate matter, or volatile organic compounds in a nonattainment area
or affected county;
(14) other programs the
commission may develop that support congestion mitigation to reduce mobile
source ozone precursor emissions; [and]
(15) the seaport and rail yard areas emissions
reduction [drayage truck
incentive] program established under Subchapter D-1;
(16) conducting research and other activities associated with
making any necessary demonstrations in the state's air quality state
implementation plan submitted to the United States Environmental Protection
Agency that the excess emissions reported for an area are the result of a
foreign emissions source or an exceptional event; and
(17) the governmental
alternative fuel fleet grant program established under Chapter 395.
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SECTION 6. Sections
386.0515(a) and (c), Health and Safety Code, are amended.
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SECTION 6. Same as engrossed
version.
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SECTION 7. Section 386.103,
Health and Safety Code, is amended.
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SECTION 7. Same as engrossed
version.
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SECTION 8. Section
386.104(j), Health and Safety Code, is amended.
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SECTION 8. Same as engrossed
version.
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No
equivalent provision.
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SECTION 9. Sections
386.116(a), (b), and (c), Health and Safety Code, are amended to read as
follows:
(a) In this section,
"small business" means a business owned by a person who:
(1) owns and operates not
more than five [two] vehicles, one of which is:
(A) an on-road diesel [with
a pre-1994 engine model]; or
(B) a non-road diesel [with
an engine with uncontrolled emissions]; and
(2) has owned the vehicle
described by Subdivision (1)(A) or (B) for more than two years [one
year].
(b) The commission [by
rule] shall develop a method of providing fast and simple access to
grants under this subchapter for a small business. The method must:
(1) create a separate
small business grant program; or
(2) require the
commission to give special consideration to small businesses when
implementing another program established under this subchapter.
(c) The commission shall
publicize and promote the availability of grants under this subchapter
for small businesses [section] to encourage the use of vehicles
that produce fewer emissions.
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SECTION 9. Chapter 386,
Health and Safety Code, is amended.
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SECTION 10. Same as engrossed
version.
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No
equivalent provision.
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SECTION 11. The heading to
Subchapter D-1, Chapter 386, Health and Safety Code, is amended to read as
follows:
SUBCHAPTER D-1. SEAPORT
AND RAIL YARD AREAS EMISSIONS REDUCTION [DRAYAGE TRUCK INCENTIVE]
PROGRAM
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No
equivalent provision.
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SECTION 12. The heading to
Section 386.181, Health and Safety Code, is amended to read as follows:
Sec. 386.181. DEFINITIONS
[DEFINITION]; RULES.
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SECTION 10. Section
386.181(a), Health and Safety Code, is amended to read as follows:
(a) In this subchapter,
"drayage truck"
means a truck or land-based equipment
that transports a load to, [or] from, or in a
seaport or rail yard.
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SECTION 13. Section
386.181(a), Health and Safety Code, is amended to read as follows:
(a) In this subchapter:
(1) "Cargo handling equipment" means any heavy-duty
non-road, self-propelled vehicle or land-based equipment used at a seaport
or rail yard to lift or move cargo, such as containerized, bulk, or
break-bulk goods.
(2) "Drayage [,
"drayage] truck" means a heavy-duty
on-road or non-road vehicle that is used for drayage activities and that
operates in or transgresses through
[truck that transports a load to or from] a seaport or rail
yard for the purpose of loading,
unloading, or transporting cargo, including transporting empty containers
and chassis.
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SECTION 11. Section
386.182(a), Health and Safety Code, is amended to read as follows:
(a) The commission shall:
(1) develop a
purchase incentive program to encourage owners to replace drayage trucks with pre-2007 model year engines or engines
certified to an emission rate equivalent to a pre-2007 model year engine;
and
(2) [with
newer drayage trucks and shall] adopt guidelines
necessary to implement the program described by Subdivision (1).
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SECTION 14. Section 386.182,
Health and Safety Code, is amended to read as follows:
Sec. 386.182. COMMISSION
DUTIES. (a) The commission shall:
(1) develop a
purchase incentive program to encourage owners to replace older drayage trucks and cargo handling equipment [with pre-2007 model year engines]
with newer drayage trucks and cargo handling equipment; and
(2) [shall]
adopt guidelines necessary to implement the program described by
Subdivision (1).
(b)
The commission by rule and guideline shall establish criteria for
the models of drayage trucks and cargo handling equipment that are
eligible for inclusion in an incentive program under this subchapter. [The
guidelines must provide that a drayage truck owner is not eligible for an
incentive payment under this subchapter unless the truck being replaced
contains a pre-2007 model year engine and the replacement truck's engine is
from model year 2010 or later as determined by the commission and that the
truck operates at a seaport or rail yard.]
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No
equivalent provision.
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SECTION 15. The heading to
Section 386.183, Health and Safety Code, is amended to read as follows:
Sec. 386.183. DRAYAGE TRUCK AND
CARGO HANDLING EQUIPMENT PURCHASE INCENTIVE.
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No
equivalent provision.
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SECTION 16. Section 386.183,
Health and Safety Code, is amended by amending Subsections (a), (b), (c),
(d), and (e) and adding Subsection (a-1) to read as follows:
(a) To be eligible for an
incentive under this subchapter, a person must:
(1) purchase a replacement
drayage truck or cargo handling equipment that under Subsection
(a-1)(1) and the guidelines 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 drayage
truck in this state, if the replacement vehicle is an on-road drayage
truck;
(B) operate the drayage
truck or cargo handling equipment in and within a maximum distance
established by the commission of a seaport or rail yard in a nonattainment
area of this state for not less than 50 percent of the truck's or
equipment's [vehicle's] annual mileage or hours of operation, as
determined by the commission; and
(C) permanently remove the
[a pre-2007] drayage truck or cargo handling equipment replaced
under the program [containing a pre-2007 engine owned by the person]
from operation in a nonattainment area of this state by destroying the
engine and scrapping the truck or equipment after the purchase of
the replacement [new] truck or equipment in accordance
with guidelines established by the commission.
(a-1) To be eligible for
purchase under this program a drayage truck or cargo handling equipment
must:
(1) be powered by an
electric motor or contain an engine certified to the current federal
emissions standards applicable to that type of engine, as determined by the
commission; and
(2) emit oxides of
nitrogen at a rate that is at least 25 percent less than the rate at which
the truck or equipment being replaced under the program emits such
pollutants.
(b) To receive money under an
incentive program provided by this subchapter, the purchaser of a drayage
truck or cargo handling equipment eligible for inclusion in the
program must apply for the incentive in the manner provided by law, rule,
or guideline of the commission.
(c) Not more than one
incentive may be provided for each drayage truck or piece of cargo
handling equipment purchased.
(d) An incentive provided
under this subchapter may be used to fund not more than 80 percent of the
purchase price of the drayage truck or cargo handling equipment.
(e) The commission shall
establish procedures to verify that a person who receives an incentive:
(1) has operated in a
seaport or rail yard and owned or leased the drayage truck or cargo
handling equipment to be replaced for at least two years prior to
receiving the grant; and
(2) permanently destroys the
engine and scraps the drayage truck or cargo handling equipment replaced
under the program [that contained the pre-2007 engine owned or
leased by the person], in accordance with guidelines established by the
commission, after the purchase of the replacement [new] truck
or equipment.
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No
equivalent provision.
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SECTION 17. Section 386.205,
Health and Safety Code, is amended to read as follows:
Sec. 386.205. EVALUATION OF
UTILITY COMMISSION AND COMPTROLLER ENERGY EFFICIENCY PROGRAMS. (a)
In cooperation with the laboratory, the utility commission shall provide an
annual report to the commission that, by county, quantifies the reductions
of energy demand, peak loads, and associated emissions of air contaminants
achieved from programs implemented by the state energy conservation office
and from programs implemented under Section 39.905, Utilities Code.
(b) The report must also
quantify the reductions in the emissions of each air contaminant subject to
the permitting requirements of Chapter 382.
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SECTION 12. Section 386.252,
Health and Safety Code, is amended to read as follows:
Sec. 386.252. USE OF FUND.
(a) Money in the fund may be used only to implement and administer
programs established under the plan. Subject to the reallocation of
funds by the commission under Subsection (g), and
with the exception of money appropriated to the commission for the
governmental alternative fuel fleet grant program under Subsection (f),
money [Money] appropriated to the commission to be used for the
programs under Section 386.051(b) shall initially be allocated as
follows:
(1) [not more than]
four percent may be used for the clean school bus program under Chapter
390;
(2) [not more than]
three percent may be used for the new technology implementation grant
program under Chapter 391, from which at least $1 million will be set aside
for electricity storage projects related to renewable energy;
(3) five percent may
[shall] be used for the clean fleet program under Chapter 392;
(4) not more than $3 million may be used by the
commission 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;
(5) [not less than] 16 percent may [shall]
be used for the Texas natural gas vehicle grant program under Chapter 394;
(6) 10
[not more than five] percent may be used [to provide
grants for natural gas fueling stations under the clean transportation
triangle program under Section 394.010;
[(7) not more than five
percent may be used] for the Texas alternative fueling facilities
program under Chapter 393, of which a specified amount may be used for
fueling stations to provide natural gas fuel;
(7) [(8)] a specified amount may be used each
year to support research related to air quality as provided by Chapter 387;
(8) [(9)] not
more than $200,000 may be used for a health effects study[;
[(10) $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) [(11)] at
least $4 million and up to four percent to a maximum of $7 million, whichever is greater, is
allocated to the commission for administrative costs and costs for
conducting outreach and education activities to
promote participation in the programs funded under this section;
(10) [(12) at least] two percent [and up to five percent of the fund]
is to be used by the commission for the drayage
truck incentive program established under Subchapter D-1;
(11) [(13) not
more than] five percent may be used for the light-duty motor vehicle
purchase or lease incentive program established under Subchapter D;
(12) [(14)]
not more than $216,000 is allocated to the commission to contract with the
Energy Systems Laboratory at the Texas A&M 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;
[(15) 1.5 percent of the
money in the fund is allocated for administrative costs incurred by the
laboratory;] and
(13) [(16)]
the balance is to be used by the commission for the diesel emissions
reduction incentive program under Subchapter C as determined by the
commission.
(b) [The commission may
allocate unexpended money designated for the clean fleet program under Chapter
392 to other programs described under Subsection (a) after the commission
allocates money to recipients under the clean fleet program.
[(c) The commission may
allocate unexpended money designated for the Texas alternative fueling
facilities program under Chapter 393 to other programs described under
Subsection (a) after the commission allocates money to recipients under the
alternative fueling facilities program.
[(d) The commission may
reallocate money designated for the Texas natural gas vehicle grant program
under Chapter 394 to other programs described under Subsection (a) if:
[(1) the commission, in
consultation with the governor and the advisory board, determines that the
use of the money in the fund for that program will cause the state to be in
noncompliance with the state implementation plan to the extent that federal
action is likely; and
[(2) the commission finds
that the reallocation of some or all of the funding for the program would
resolve the noncompliance.
[(e) Under Subsection (d),
the commission may not reallocate more than the minimum amount of money
necessary to resolve the noncompliance.
[(e-1) Money allocated
under Subsection (a) to a particular program may be used for another
program under the plan as determined by the commission.
[(f)] Money in the
fund may be used by the commission for programs under Sections
386.051(b)(13), (b)(14), and (b-1) as may be appropriated for those
programs.
(c) [(g)] If
the legislature does not specify amounts or percentages from the total
appropriation to the commission to be allocated under Subsection (a) or (b)
[(f)], the commission shall determine the amounts of the total
appropriation to be allocated under each of those subsections, such that
the total appropriation is expended while maximizing emissions reductions.
(d) To supplement funding
for air quality planning activities in affected counties, $500,000 from the
fund is to be deposited annually in the state treasury to the credit of the
clean air account created under Section 382.0622.
(e) Money in the fund may
be allocated for administrative costs incurred by the Energy Systems
Laboratory at the Texas A&M Engineering Experiment Station as may be
appropriated by the legislature.
(f) To the extent that
money is appropriated from the fund for that purpose, the commission may
use that money to award grants under the governmental alternative fuel
fleet grant program established under Chapter 395, except that the
commission may not use for that purpose more than three percent of the
balance of the fund as of September 1 of each state fiscal year of the
biennium for the governmental alternative fuel fleet grant program in that
fiscal year.
(g) [(h)]
Subject to the limitations outlined in this section and any additional
limitations placed on the use of the appropriated funds, money allocated
under this section to a particular program may be used for another program
under the plan as determined by the commission, based on demand for
grants for eligible projects under particular programs after the commission
solicits projects to which to award grants according to the initial
allocation provisions of this section.
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SECTION 18. Section 386.252,
Health and Safety Code, is amended to read as follows:
Sec. 386.252. USE OF FUND.
(a) Money in the fund may be used only to implement and administer
programs established under the plan. Subject to the reallocation of
funds by the commission under Subsection (g), money [Money] appropriated
to the commission to be used for the programs under Section 386.051(b)
shall initially be allocated as follows:
(1) [not more than]
four percent may be used for the clean school bus program under Chapter
390;
(2) [not more than]
three percent may be used for the new technology implementation grant
program under Chapter 391, from which at least $1 million will be set aside
for electricity storage projects related to renewable energy;
(3) five percent may
[shall] be used for the clean fleet program under Chapter 392;
(4) not more than $1.5
[$3] million may be used by the commission 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;
(5) 10
[not less than 16] percent may [shall] be used
for the Texas natural gas vehicle grant program under Chapter 394;
(6) not more than $6 million [five percent] may
be used [to provide grants for natural gas fueling stations under the
clean transportation triangle program under Section 394.010;
[(7) not more than five
percent may be used] for the Texas alternative fueling facilities
program under Chapter 393, of which a specified amount may be used for
fueling stations to provide natural gas fuel,
except that money may not be allocated for the Texas alternative fueling
facilities program for the state fiscal year ending August 31, 2019;
(7) [(8)] not more than $750,000 [a specified amount] may be
used each year to support research related to air quality as provided by
Chapter 387;
(8) [(9)] not
more than $200,000 may be used for a health effects study[;
[(10) $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) [(11)] at
least $4 million and up to four percent to a maximum of $8
[$7] million, whichever is greater, is allocated to the
commission for administrative costs,
including all direct and indirect costs for administering the plan
and costs for conducting outreach and education activities;
(10) six
[(12) at least two] percent [and up to five percent of
the fund] is to be used by the commission for the seaport and rail yard areas emissions
reduction [drayage truck
incentive] program established under Subchapter D-1;
(11) [(13) not
more than] five percent may be used for the light-duty motor vehicle
purchase or lease incentive program established under Subchapter D;
(12) [(14)]
not more than $216,000 is allocated to the commission to contract with the
Energy Systems Laboratory at the Texas A&M Engineering
Experiment Station annually for the development and annual computation of
creditable statewide emissions reductions and
other reductions of air contaminants subject to the permitting requirements
of Chapter 382 that are obtained through wind and other
renewable energy resources for the state implementation plan;
(13) not more than $500,000 may be used by the commission to
conduct research and other activities associated with making any necessary
demonstrations in the state's air quality state implementation plan
submitted to the United States Environmental Protection Agency that the
excess emissions reported for an area are the result of a foreign emissions
source or an exceptional event
[(15) 1.5 percent of the
money in the fund is allocated for administrative costs incurred by the
laboratory]; and
(14) [(16)]
the balance is to be used by the commission for the diesel emissions
reduction incentive program under Subchapter C as determined by the
commission.
(b) [The commission may
allocate unexpended money designated for the clean fleet program under
Chapter 392 to other programs described under Subsection (a) after the
commission allocates money to recipients under the clean fleet program.
[(c) The commission may
allocate unexpended money designated for the Texas alternative fueling
facilities program under Chapter 393 to other programs described under Subsection
(a) after the commission allocates money to recipients under the
alternative fueling facilities program.
[(d) The commission may
reallocate money designated for the Texas natural gas vehicle grant program
under Chapter 394 to other programs described under Subsection (a) if:
[(1) the commission, in
consultation with the governor and the advisory board, determines that the
use of the money in the fund for that program will cause the state to be in
noncompliance with the state implementation plan to the extent that federal
action is likely; and
[(2) the commission finds
that the reallocation of some or all of the funding for the program would
resolve the noncompliance.
[(e) Under Subsection
(d), the commission may not reallocate more than the minimum amount of
money necessary to resolve the noncompliance.
[(e-1) Money allocated
under Subsection (a) to a particular program may be used for another
program under the plan as determined by the commission.
[(f)] Money in the
fund may be used by the commission for programs under Sections
386.051(b)(13), (b)(14), and (b-1) as may be appropriated for those
programs.
(c) [(g)] If
the legislature does not specify amounts or percentages from the total
appropriation to the commission to be allocated under Subsection (a) or (b)
[(f)], the commission shall determine the amounts of the total
appropriation to be allocated under each of those subsections, such that
the total appropriation is expended while maximizing emissions reductions.
(d) To supplement funding
for air quality planning activities in affected counties, $500,000 from the
fund is to be deposited annually in the state treasury to the credit of the
clean air account created under Section 382.0622.
(e) Money in the fund may
be allocated for administrative costs incurred by the Energy Systems
Laboratory at the Texas A&M Engineering Experiment Station as may be
appropriated by the legislature.
(f) To the extent that
money is appropriated from the fund for that purpose, the commission may
use that money to award grants under the governmental alternative fuel
fleet grant program established under Chapter 395, except that the
commission may not use for that purpose more than three percent of the
balance of the fund as of September 1 of each state fiscal year of the
biennium for the governmental alternative fuel fleet grant program in that
fiscal year.
(g) [(h)]
Subject to the limitations outlined in this section and any additional
limitations placed on the use of the appropriated funds, money allocated under
this section to a particular program may be used for another program under
the plan as determined by the commission, based on demand for grants for
eligible projects under particular programs after the commission solicits
projects to which to award grants according to the initial allocation
provisions of this section.
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|
SECTION 13. Section
390.002(b), Health and Safety Code, is amended.
|
SECTION 19. Same as engrossed
version.
|
|
SECTION 14. Section 390.004,
Health and Safety Code, is amended.
|
SECTION 20. Same as engrossed
version.
|
|
SECTION 15. Section 390.005,
Health and Safety Code, is amended.
|
SECTION 21. Same as engrossed
version.
|
|
SECTION 16. Section 390.006,
Health and Safety Code, is amended.
|
SECTION 22. Same as engrossed
version.
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|
SECTION 17. Section
391.002(b), Health and Safety Code, is amended to read as follows:
(b) Projects that may be
considered for a grant under the program include:
(1) advanced clean energy
projects, as defined by Section 382.003;
(2) new technology projects
that reduce emissions of regulated pollutants from stationary [point]
sources;
(3) new technology
projects that reduce emissions from upstream and midstream oil and gas
production, completions, gathering, storage, processing, and transmission
activities through:
(A) the replacement,
repower, or retrofit of stationary compressor engines;
(B) the installation of
systems to reduce or eliminate the loss of gas, flaring of gas, or burning
of gas using other combustion control devices; or
(C) the installation of
systems that reduce flaring emissions and other site emissions by capturing
waste heat to generate electricity; and
(4) [(3)]
electricity storage projects related to renewable energy, including
projects to store electricity produced from wind and solar generation that
provide efficient means of making the stored energy available during
periods of peak energy use.
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SECTION 23. Section
391.002(b), Health and Safety Code, is amended to read as follows:
(b) Projects that may be
considered for a grant under the program include:
(1) advanced clean energy
projects, as defined by Section 382.003;
(2) new technology projects
that reduce emissions of regulated pollutants from stationary [point]
sources;
(3) new technology
projects that reduce emissions from upstream and midstream oil and gas
production, completions, gathering, storage, processing, and transmission
activities through:
(A) the replacement,
repower, or retrofit of stationary compressor engines;
(B) the installation of
systems to reduce or eliminate the loss of gas, flaring of gas, or burning
of gas using other combustion control devices; or
(C) the installation of
systems that reduce flaring emissions and other site emissions by capturing
waste heat to generate electricity solely
for on-site service; and
(4) [(3)]
electricity storage projects related to renewable energy, including
projects to store electricity produced from wind and solar generation that
provide efficient means of making the stored energy available during
periods of peak energy use.
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|
SECTION 18. Section
391.102(f), Health and Safety Code, is amended.
|
SECTION 24. Same as engrossed
version.
|
|
SECTION 19. Section 391.104,
Health and Safety Code, is amended.
|
SECTION 25. Same as engrossed
version.
|
|
SECTION 20. Section
391.205(a), Health and Safety Code, is amended to read as follows:
(a) Except as provided by
Subsection (c), in awarding grants under this chapter the commission shall
give preference to projects that:
(1) involve the
transport, use, recovery for use, or prevention of the loss of
natural resources originating or produced in this state;
(2) contain an energy
efficiency component; [or]
(3) include the use of
solar, wind, or other renewable energy sources; or
(4) recover waste heat
from the flaring of natural resources
for the purpose of generating electricity.
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SECTION 26. Section
391.205(a), Health and Safety Code, is amended to read as follows:
(a) Except as provided by
Subsection (c), in awarding grants under this chapter the commission shall
give preference to projects that:
(1) involve the
transport, use, recovery for use, or prevention of the loss of
natural resources originating or produced in this state;
(2) contain an energy
efficiency component; [or]
(3) include the use of
solar, wind, or other renewable energy sources; or
(4) recover waste heat
from the combustion of natural resources
and use the heat to generate electricity.
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|
SECTION 21. Section 391.304,
Health and Safety Code, is amended.
|
SECTION 27. Same as
engrossed version.
|
|
SECTION 22. Section
392.001(1), Health and Safety Code, is amended.
|
SECTION 28. Same as engrossed
version.
|
|
No
equivalent provision.
|
SECTION 29. Sections
392.002(b) and (c), Health and Safety Code, are amended to read as follows:
(b) An entity that places 10
[20] or more qualifying vehicles in service for use entirely in this
state during a calendar year is eligible to participate in the program.
(c) Notwithstanding
Subsection (b), an entity that submits a grant application for 10 [20]
or more qualifying vehicles is eligible to participate in the program even
if the commission denies approval for one or more of the vehicles during
the application process.
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|
SECTION 23. Section
392.003(a), Health and Safety Code, is amended.
|
SECTION 30. Same as engrossed
version.
|
|
SECTION 24. Section
392.004(d), Health and Safety Code, is amended.
|
SECTION 31. Same as engrossed
version.
|
|
SECTION 25. Section 392.005,
Health and Safety Code, is amended.
|
SECTION 32. Same as engrossed
version.
|
|
SECTION 26. Section 392.008,
Health and Safety Code, is amended.
|
SECTION 33. Same as engrossed
version.
|
|
SECTION 27. Section 393.001,
Health and Safety Code, is amended by amending Subdivision (1) and adding
Subdivisions (1-a) and (4) to read as follows:
(1) "Alternative
fuel" means a fuel other than gasoline or diesel fuel, other than
biodiesel fuel, including electricity, compressed natural gas, liquefied
[liquified] natural gas, hydrogen, propane, or a mixture of fuels
containing at least 85 percent methanol by volume.
(1-a) "Clean
transportation zone" means:
(A) counties containing
or intersected by a portion of an interstate highway connecting the cities
of Houston, San Antonio, Dallas, and Fort Worth;
(B) counties located
within the area bounded by the interstate highways described by Paragraph
(A);
(C) counties containing
or intersected by a portion of:
(i) an interstate highway
connecting San Antonio to Corpus Christi or Laredo; or
(ii) the most direct
route using highways in the state highway system connecting Corpus Christi
and Laredo;
(D) counties located
within the area bounded by the highways described by Paragraph (C);
(E) counties in this
state all or part of which are included in a nonattainment area designated
under Section 107(d) of the federal Clean Air Act (42 U.S.C. Section 7407);
and
(F) counties designated
as affected counties under Section 386.001.
(4) "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.
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SECTION 34. Section 393.001,
Health and Safety Code, is amended by amending Subdivision (1) and adding
Subdivision (1-a) to read as follows:
(1) "Alternative
fuel" means a fuel other than gasoline or diesel fuel, other than
biodiesel fuel, including electricity, compressed natural gas, liquefied
[liquified] natural gas, hydrogen, propane, or a mixture of fuels
containing at least 85 percent methanol by volume.
(1-a) "Clean
transportation zone" means:
(A) counties containing
or intersected by a portion of an interstate highway connecting the cities
of Houston, San Antonio, Dallas, and Fort Worth;
(B) counties located
within the area bounded by the interstate highways described by Paragraph
(A);
(C) counties containing
or intersected by a portion of:
(i) an interstate highway
connecting San Antonio to Corpus Christi or Laredo; or
(ii) the most direct
route using highways in the state highway system connecting Corpus Christi
and Laredo;
(D) counties located
within the area bounded by the highways described by Paragraph (C);
(E) counties in this
state all or part of which are included in a nonattainment area designated
under Section 107(d) of the federal Clean Air Act (42 U.S.C. Section 7407);
and
(F) counties designated
as affected counties under Section 386.001.
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|
SECTION 28. Section 393.002,
Health and Safety Code, is amended.
|
SECTION 35. Same as engrossed
version.
|
|
SECTION 29. Section 393.003,
Health and Safety Code, is amended.
|
SECTION 36. Same as engrossed
version.
|
|
SECTION 30. Section 393.004,
Health and Safety Code, is amended.
|
SECTION 37. Same as engrossed
version.
|
|
SECTION 31. Section 393.005,
Health and Safety Code, is amended.
|
SECTION 38. Same as engrossed
version.
|
|
SECTION 32. Section 393.006,
Health and Safety Code, is amended.
|
SECTION 39. Same as engrossed
version.
|
|
SECTION 33. Section 393.007,
Health and Safety Code, is amended.
|
SECTION 40. Same as engrossed
version.
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|
SECTION 34. Section 394.001,
Health and Safety Code, is amended by amending Subdivisions (1), (4), (5),
and (8) and adding Subdivisions (1-a) and (7-a) to read as follows:
(1) "Clean
transportation zone" has the meaning assigned by Section 393.001 ["Advisory
board" means the Texas Emissions Reduction Plan Advisory Board].
(1-a)
"Certified" includes:
(A) new vehicle or new
engine certification by the United States Environmental Protection Agency;
or
(B) certification or
approval by the United States Environmental Protection Agency of a system
to convert a vehicle or engine to operate on an alternative fuel and a
demonstration by the emissions data used to certify or approve the vehicle
or engine, if the commission determines the testing used to obtain the
emissions data is consistent with the testing required for approval of an
alternative fuel conversion system for new and relatively new vehicles or
engines under 40 C.F.R. Part 85.
(4) "Heavy-duty motor
vehicle" means a motor vehicle that [with]:
(A) has a gross
vehicle weight rating of more than 8,500 pounds; and
(B) is certified to or
has an engine certified to the United States Environmental Protection
Agency's emissions standards for heavy-duty vehicles or
engines.
(5) "Incremental
cost" has the meaning assigned by Section 386.001 [means the
difference between the manufacturer's suggested retail price of a baseline
vehicle, the documented dealer price of a baseline vehicle, cost to lease
or otherwise commercially finance a baseline vehicle, cost to repower with
a baseline engine, or other appropriate baseline cost established by the
commission, and the actual cost of the natural gas vehicle purchase, lease,
or other commercial financing, or repower].
(7-a) "Natural gas
engine" means an engine that operates:
(A) solely on compressed or liquefied natural gas; or
(B) on a combination of
diesel fuel and compressed or liquefied
natural gas and is capable of achieving at least 60 percent displacement of
diesel fuel with natural gas.
(8) "Natural gas
vehicle" means a motor vehicle that is powered by a natural gas
engine [receives not less than 75 percent of its power from
compressed or liquefied natural gas].
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SECTION 41. Section 394.001,
Health and Safety Code, is amended by amending Subdivisions (1), (4), (5),
and (8) and adding Subdivisions (1-a) and (7-a) to read as follows:
(1) "Clean
transportation zone" has the meaning assigned by Section 393.001 ["Advisory
board" means the Texas Emissions Reduction Plan Advisory Board].
(1-a)
"Certified" includes:
(A) new vehicle or new
engine certification by the United States Environmental Protection Agency;
or
(B) certification or
approval by the United States Environmental Protection Agency of a system
to convert a vehicle or engine to operate on an alternative fuel and a
demonstration by the emissions data used to certify or approve the vehicle
or engine, if the commission determines the testing used to obtain the
emissions data is consistent with the testing required for approval of an
alternative fuel conversion system for new and relatively new vehicles or
engines under 40 C.F.R. Part 85.
(4) "Heavy-duty motor
vehicle" means a motor vehicle that [with]:
(A) has a gross
vehicle weight rating of more than 8,500 pounds; and
(B) is certified to or
has an engine certified to the United States Environmental Protection
Agency's emissions standards for heavy-duty vehicles or
engines.
(5) "Incremental
cost" has the meaning assigned by Section 386.001 [means the
difference between the manufacturer's suggested retail price of a baseline
vehicle, the documented dealer price of a baseline vehicle, cost to lease
or otherwise commercially finance a baseline vehicle, cost to repower with
a baseline engine, or other appropriate baseline cost established by the
commission, and the actual cost of the natural gas vehicle purchase, lease,
or other commercial financing, or repower].
(7-a) "Natural gas
engine" means an engine that operates:
(A) solely on natural
gas, including compressed natural gas, liquefied natural gas, or liquefied petroleum gas; or
(B) on a combination of
diesel fuel and natural gas, including compressed natural gas, liquefied
natural gas, or liquefied petroleum gas,
and is capable of achieving at least 60 percent displacement of diesel fuel
with natural gas.
(8) "Natural gas
vehicle" means a motor vehicle that is powered by a natural gas
engine [receives not less than 75 percent of its power from
compressed or liquefied natural gas].
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|
SECTION 35. Section
394.003(a), Health and Safety Code, is amended.
|
SECTION 42. Same as engrossed
version.
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|
SECTION 36. Section 394.005,
Health and Safety Code, is amended by amending Subsections (a), (b), (c),
(f), (g), and (i) and adding Subsection (c-1) to read as follows:
(a) The commission [by
rule] shall establish criteria for prioritizing qualifying vehicles
eligible to receive grants under this chapter. The commission shall review
and revise the criteria as appropriate [after consultation with the
advisory board].
(b) To be eligible for a
grant under the program:
(1) the use of the
qualifying vehicle must be projected to result in a reduction in emissions
of nitrogen oxides of at least 25 percent as compared to the motor vehicle
or engine being replaced, based on:
(A) the baseline emission
level set by the commission under Subsection (g); and
(B) the certified emission
rate of the new vehicle; and
(2) the qualifying vehicle
must:
(A) replace a heavy-duty or
medium-duty motor vehicle that:
(i) is an on-road vehicle
that has been owned, leased, or otherwise commercially financed and
registered and operated by the applicant in Texas for at least the two
years immediately preceding the submission of a grant application;
(ii) satisfies any minimum
average annual mileage or fuel usage requirements established by the
commission;
(iii) satisfies any minimum
percentage of annual usage requirements established by the commission; and
(iv) is in operating
condition and has at least two years
of remaining useful life, as determined in accordance with criteria established
by the commission; [or]
(B) replace a heavy-duty
or medium-duty motor vehicle that:
(i) is owned by the
applicant;
(ii) is an on-road
vehicle that has been:
(a) owned, leased, or
otherwise commercially financed and operated in Texas as a fleet vehicle
for at least the two years immediately preceding the submission of a grant
application; and
(b) registered in a
county located in the clean transportation zone for at least the two years
immediately preceding the submission of a grant application; and
(iii) otherwise satisfies
the mileage, usage, and useful life requirements established under
Paragraph (A) as determined by documentation associated with the vehicle;
or
(C) be a heavy-duty
or medium-duty motor vehicle repowered with a natural gas engine that:
(i) is installed in an
on-road vehicle that has been owned, leased, or otherwise commercially
financed and registered and operated by the applicant in Texas for at least
the two years immediately preceding the submission of a grant application;
(ii) satisfies any minimum
average annual mileage or fuel usage requirements established by the
commission;
(iii) satisfies any minimum
percentage of annual usage requirements established by the commission; and
(iv) is installed in an on-road
vehicle that, at the time of the vehicle's repowering, was in operating
condition and had at least two years
of remaining useful life, as determined in accordance with criteria
established by the commission.
(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 activity start date established by the commission
[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 activity
start date established by the commission [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 the
clean transportation zone[:
[(1) the counties any
part of which are included in the area described by Section 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)].
(c-1) For purposes of
Subsection (c), the commission shall establish the activity start date
based on the date the commission accepts verification of the disposition of
the vehicle or engine.
(f) A heavy-duty or
medium-duty motor vehicle replaced under this program must be rendered
permanently inoperable by crushing the vehicle, by making a hole in the
engine block and permanently destroying the frame of the vehicle, or by
another method approved by the commission, or be [that]
permanently removed [removes the vehicle] from operation in
this state. The commission shall establish criteria for ensuring the
permanent destruction or permanent removal of the engine or
vehicle. The commission shall enforce the destruction and removal
requirements. For purposes of this subsection, "permanent
removal" means the permanent export of the vehicle or engine to a
destination outside of the United States, Canada, or the United Mexican
States.
(g) The commission shall
establish baseline emission levels for emissions of nitrogen oxides for
on-road heavy-duty or medium-duty motor vehicles being replaced or
repowered by using the emission certification for the engine or vehicle
being replaced. The commission may consider deterioration of the emission
performance of the engine of the vehicle being replaced in establishing the
baseline emission level. The commission may consider and establish
baseline emission rates for additional pollutants of concern[, as
determined by the commission after consultation with the advisory board].
(i) The executive director may
[shall] waive the requirements of Subsection (b)(2)(A)(i) or
(B)(ii) on a finding of good cause, which may include short lapses in
registration or operation due to economic conditions, seasonal work, or
other circumstances.
|
SECTION 43. Section 394.005,
Health and Safety Code, is amended by amending Subsections (a), (b), (c),
(f), (g), and (i) and adding Subsection (c-1) to read as follows:
(a) The commission [by
rule] shall establish criteria for prioritizing qualifying vehicles
eligible to receive grants under this chapter. The commission shall review
and revise the criteria as appropriate [after consultation with the
advisory board].
(b) To be eligible for a
grant under the program:
(1) the use of the
qualifying vehicle must be projected to result in a reduction in emissions
of nitrogen oxides of at least 25 percent as compared to the motor vehicle
or engine being replaced, based on:
(A) the baseline emission
level set by the commission under Subsection (g); and
(B) the certified emission
rate of the new vehicle; and
(2) the qualifying vehicle
must:
(A) replace a heavy-duty or
medium-duty motor vehicle that:
(i) is an on-road vehicle
that has been owned, leased, or otherwise commercially financed and
registered and operated by the applicant in Texas for at least the two
years immediately preceding the submission of a grant application;
(ii) satisfies any minimum
average annual mileage or fuel usage requirements established by the
commission;
(iii) satisfies any minimum
percentage of annual usage requirements established by the commission; and
(iv) is in operating
condition and has at least four [two] years of remaining useful
life, as determined in accordance with criteria established by the
commission; [or]
(B) replace a heavy-duty
or medium-duty motor vehicle that:
(i) is owned by the
applicant;
(ii) is an on-road
vehicle that has been:
(a) owned, leased, or
otherwise commercially financed and operated in Texas as a fleet vehicle
for at least the two years immediately preceding the submission of a grant
application; and
(b) registered in a
county located in the clean transportation zone for at least the two years
immediately preceding the submission of a grant application; and
(iii) otherwise satisfies
the mileage, usage, and useful life requirements established under
Paragraph (A) as determined by documentation associated with the vehicle;
or
(C) be a heavy-duty
or medium-duty motor vehicle repowered with a natural gas engine that:
(i) is installed in an
on-road vehicle that has been owned, leased, or otherwise commercially
financed and registered and operated by the applicant in Texas for at least
the two years immediately preceding the submission of a grant application;
(ii) satisfies any minimum
average annual mileage or fuel usage requirements established by the
commission;
(iii) satisfies any minimum
percentage of annual usage requirements established by the commission; and
(iv) is installed in an
on-road vehicle that, at the time of the vehicle's repowering, was in
operating condition and had at least four [two] years of remaining useful
life, as determined in accordance with criteria established by the
commission.
(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 activity start date established by the commission
[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 activity
start date established by the commission [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 the
clean transportation zone[:
[(1) the counties any
part of which are included in the area described by Section 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)].
(c-1) For purposes of
Subsection (c), the commission shall establish the activity start date
based on the date the commission accepts verification of the disposition of
the vehicle or engine.
(f) A heavy-duty or
medium-duty motor vehicle replaced under this program must be rendered
permanently inoperable by crushing the vehicle, by making a hole in the
engine block and permanently destroying the frame of the vehicle, or by
another method approved by the commission, or be [that]
permanently removed [removes the vehicle] from operation in
this state. The commission shall establish criteria for ensuring the
permanent destruction or permanent removal of the engine or
vehicle. The commission shall enforce the destruction and removal
requirements. For purposes of this subsection, "permanent
removal" means the permanent export of the vehicle or engine to a
destination outside of the United States, Canada, or the United Mexican
States.
(g) The commission shall
establish baseline emission levels for emissions of nitrogen oxides for
on-road heavy-duty or medium-duty motor vehicles being replaced or
repowered by using the emission certification for the engine or vehicle
being replaced. The commission may consider deterioration of the emission
performance of the engine of the vehicle being replaced in establishing the
baseline emission level. The commission may consider and establish
baseline emission rates for additional pollutants of concern[, as
determined by the commission after consultation with the advisory board].
(i) The executive director may
[shall] waive the requirements of Subsection (b)(2)(A)(i) or
(B)(ii) on a finding of good cause, which may include short lapses in
registration or operation due to economic conditions, seasonal work, or
other circumstances.
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|
SECTION 37. Section 394.006,
Health and Safety Code, is amended.
|
SECTION 44. Same as engrossed
version.
|
|
SECTION 38. Section
394.007(c), Health and Safety Code, is amended.
|
SECTION 45. Same as engrossed
version.
|
|
SECTION 39. Sections
394.008(a) and (b), Health and Safety Code, are amended to read as follows:
(a) The commission shall establish
[adopt] procedures for:
(1) awarding grants under
this chapter to reimburse eligible costs; [in the form of
rebates; and]
(2) streamlining the grant
application, contracting, reimbursement, and reporting process for
qualifying natural gas vehicle purchases or repowers; and
(3) preapproving the
award of grants to applicants who propose to purchase and replace motor
vehicles described by Section 394.005(b)(2)(B).
(b) Procedures established
[adopted] under this section must:
(1) provide for the
commission to compile and regularly update a listing of potentially
eligible [preapproved] natural gas vehicles and engines powered by natural gas that are
certified to the appropriate current federal emissions standards as
determined by the commission[:
[(A) powered by natural
gas engines certified to emit not more than 0.2 grams of nitrogen oxides
per brake horsepower hour; or
[(B) certified to the
United States Environmental Protection Agency's light-duty Bin 5 standard
or better];
(2) [if a federal
standard for the calculation of emissions reductions exists,] provide a
method to calculate the reduction in emissions of nitrogen oxides, volatile
organic compounds, carbon monoxide, particulate matter, and sulfur compounds
for each replacement or repowering;
(3) assign a standardized grant
[rebate] amount for each qualifying vehicle or engine repower
under Section 394.007;
(4) allow for processing applications
[rebates] on an ongoing first-come, first-served basis;
(5) [provide for
contracts between the commission and participating dealers under Section
394.009;
[(6) allow grant
recipients to assign their grant funds to participating dealers to offset
the purchase or lease price;
[(7)] require grant
applicants to identify natural gas fueling stations that are available to
fuel the qualifying vehicle in the area of its use;
(6) [(8)]
provide for payment not later than the 30th day after the date the request
for reimbursement for an approved grant is received;
(7) [(9)]
provide for application submission and application status checks using
procedures established by the commission, which may include application
submission and status checks to be made over the Internet; and
(8) [(10)]
consolidate, simplify, and reduce the administrative work for applicants
and the commission associated with grant application, contracting,
reimbursement, and reporting requirements.
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SECTION 46. Sections
394.008(a) and (b), Health and Safety Code, are amended to read as follows:
(a) The commission shall establish
[adopt] procedures for:
(1) awarding grants under
this chapter to reimburse eligible costs; [in the form of
rebates; and]
(2) streamlining the grant
application, contracting, reimbursement, and reporting process for qualifying
natural gas vehicle purchases or repowers; and
(3) preapproving the
award of grants to applicants who propose to purchase and replace motor
vehicles described by Section 394.005(b)(2)(B).
(b) Procedures established
[adopted] under this section must:
(1) provide for the
commission to compile and regularly update a listing of potentially
eligible [preapproved] natural gas vehicles and natural gas engines that are certified
to the appropriate current federal emissions standards as determined by the
commission[:
[(A) powered by natural
gas engines certified to emit not more than 0.2 grams of nitrogen oxides
per brake horsepower hour; or
[(B) certified to the
United States Environmental Protection Agency's light-duty Bin 5 standard
or better];
(2) [if a federal
standard for the calculation of emissions reductions exists,] provide a
method to calculate the reduction in emissions of nitrogen oxides, volatile
organic compounds, carbon monoxide, particulate matter, and sulfur
compounds for each replacement or repowering;
(3) assign a standardized grant
[rebate] amount for each qualifying vehicle or engine repower
under Section 394.007;
(4) allow for processing applications
[rebates] on an ongoing first-come, first-served basis;
(5) [provide for contracts
between the commission and participating dealers under Section 394.009;
[(6) allow grant
recipients to assign their grant funds to participating dealers to offset
the purchase or lease price;
[(7)] require grant
applicants to identify natural gas fueling stations that are available to
fuel the qualifying vehicle in the area of its use;
(6) [(8)]
provide for payment not later than the 30th day after the date the request
for reimbursement for an approved grant is received;
(7) [(9)]
provide for application submission and application status checks using
procedures established by the commission, which may include application
submission and status checks to be made over the Internet; and
(8) [(10)]
consolidate, simplify, and reduce the administrative work for applicants
and the commission associated with grant application, contracting,
reimbursement, and reporting requirements.
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|
SECTION 40. Section 394.012,
Health and Safety Code, is amended.
|
SECTION 47. Same as engrossed
version.
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SECTION 41. Subtitle C,
Title 5, Health and Safety Code, is amended.
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SECTION 48. Same as engrossed
version.
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No
equivalent provision.
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SECTION 49. Section
151.0515(d), Tax Code, is amended to read as follows:
(d) This section expires on
the last day of the state fiscal biennium during which the United States
Environmental Protection Agency publishes in the Federal Register
certification that, with respect to each national ambient air quality
standard for ozone under 40 C.F.R. Section 81.344, the agency has, for each
designated area under that section:
(1) designated the area
as attainment or unclassifiable; or
(2) approved a
redesignation substitute making a finding of attainment for the area [August
31, 2019].
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No
equivalent provision.
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SECTION 50. Section 152.0215(c),
Tax Code, is amended to read as follows:
(c) This section expires on
the last day of the state fiscal biennium during which the United States
Environmental Protection Agency publishes in the Federal Register
certification that, with respect to each national ambient air quality
standard for ozone under 40 C.F.R. Section 81.344, the agency has, for each
designated area under that section:
(1) designated the area
as attainment or unclassifiable; or
(2) approved a
redesignation substitute making a finding of attainment for the area [August
31, 2019].
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No
equivalent provision.
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SECTION 51. Sections
501.138(b-1), (b-2), and (b-3), Transportation Code, are amended to read as
follows:
(b-1) Fees collected under
Subsection (b) to be sent to the comptroller shall be deposited to the
credit of the Texas Mobility Fund[, except that $5 of each fee imposed
under Subsection (a)(1) and deposited on or after September 1, 2008, and
before September 1, 2015, shall be deposited to the credit of the Texas
emissions reduction plan fund].
(b-2) The comptroller shall
establish a record of the amount of the fees deposited to the credit of the
Texas Mobility Fund under Subsection (b-1) that are attributable to
applicants described by Subsection (b)(3)(A). On or before the fifth
workday of each month, the Texas Department of Transportation shall remit
to the comptroller for deposit to the credit of the Texas emissions
reduction plan fund an amount of money equal to the amount of the fees
deposited by the comptroller to the credit of the Texas Mobility Fund under
Subsection (b-1) that are attributable to applicants described by
Subsection (b)(3)(A) in the preceding month. The Texas Department of
Transportation shall use for remittance to the comptroller as required by
this subsection money in the state highway fund that is not required to be
used for a purpose specified by Section 7-a, Article VIII, Texas
Constitution, and may not use for that remittance money received by this
state under the congestion mitigation and air quality improvement program
established under 23 U.S.C. Section 149.
(b-3) This subsection and
Subsection (b-2) expire August 31, 2021 [2019].
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No
equivalent provision.
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SECTION 52. Section
502.358(c), Transportation Code, is amended to read as follows:
(c) This section expires on
the last day of the state fiscal biennium during which the United States
Environmental Protection Agency publishes in the Federal Register
certification that, with respect to each national ambient air quality
standard for ozone under 40 C.F.R. Section 81.344, the agency has, for each
designated area under that section:
(1) designated the area
as attainment or unclassifiable; or
(2) approved a
redesignation substitute making a finding of attainment for the area [August
31, 2019].
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No
equivalent provision.
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SECTION 53. The heading to
Section 548.5055, Transportation Code, is amended to read as follows:
Sec. 548.5055. TEXAS EMISSIONS
[EMISSION] REDUCTION PLAN FEE.
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No
equivalent provision.
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SECTION 54. Sections
548.5055(b) and (c), Transportation Code, are amended to read as follows:
(b) The department shall
remit fees collected under this section to the comptroller at the time and
in the manner prescribed by the comptroller for deposit in the Texas emissions
[emission] reduction plan fund.
(c) This section expires on
the last day of the state fiscal biennium during which the United States
Environmental Protection Agency publishes in the Federal Register
certification that, with respect to each national ambient air quality standard
for ozone under 40 C.F.R. Section 81.344, the agency has, for each
designated area under that section:
(1) designated the area
as attainment or unclassifiable; or
(2) approved a
redesignation substitute making a finding of attainment for the area [August
31, 2019].
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SECTION 42. Sections
394.009, 394.010, and 394.011, Health and Safety Code, are repealed.
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SECTION 55. Same as engrossed
version.
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SECTION 43. 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.
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SECTION 56. (a) 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.
(b)
The changes in law made by this Act to Section 501.138, Transportation
Code, apply only to a fee collected on or after the effective date of this
Act. A fee collected before the effective date of this Act is governed by
the law in effect when the fee was collected, and the former law is
continued in effect for that purpose.
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SECTION 44. This Act takes
effect August 30, 2017.
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SECTION 57. Same as engrossed
version.
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