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A BILL TO BE ENTITLED
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AN ACT
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relating to the Texas emissions reduction plan, including the |
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eligibility for grants for natural gas fueling stations under the |
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Texas natural gas vehicle grant program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 386.002, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 386.002. EXPIRATION. This chapter expires on the last |
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day of the state fiscal biennium during which the commission |
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publishes in the Texas Register certification that, with respect to |
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each national ambient air quality standard for ozone under 40 |
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C.F.R. Section 81.344, the United States Environmental Protection |
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Agency has, for each designated area under that section: |
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(1) designated the area as attainment or |
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unclassifiable; or |
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(2) approved a redesignation substitute making a |
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finding of attainment for the area [August 31, 2019]. |
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SECTION 2. Section 390.006, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 390.006. EXPIRATION. This chapter expires on the last |
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day of the state fiscal biennium during which the commission |
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publishes in the Texas Register certification that, with respect to |
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each national ambient air quality standard for ozone under 40 |
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C.F.R. Section 81.344, the United States Environmental Protection |
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Agency has, for each designated area under that section: |
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(1) designated the area as attainment or |
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unclassifiable; or |
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(2) approved a redesignation substitute making a |
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finding of attainment for the area [August 31, 2019]. |
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SECTION 3. Section 391.304, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 391.304. EXPIRATION. This chapter expires on the last |
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day of the state fiscal biennium during which the commission |
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publishes in the Texas Register certification that, with respect to |
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each national ambient air quality standard for ozone under 40 |
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C.F.R. Section 81.344, the United States Environmental Protection |
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Agency has, for each designated area under that section: |
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(1) designated the area as attainment or |
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unclassifiable; or |
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(2) approved a redesignation substitute making a |
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finding of attainment for the area [August 31, 2019]. |
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SECTION 4. Section 392.008, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 392.008. EXPIRATION. This chapter expires on the last |
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day of the state fiscal biennium during which the commission |
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publishes in the Texas Register certification that, with respect to |
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each national ambient air quality standard for ozone under 40 |
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C.F.R. Section 81.344, the United States Environmental Protection |
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Agency has, for each designated area under that section: |
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(1) designated the area as attainment or |
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unclassifiable; or |
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(2) approved a redesignation substitute making a |
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finding of attainment for the area [August 31, 2017]. |
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SECTION 5. Section 393.007, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 393.007. EXPIRATION. This chapter expires on the last |
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day of the state fiscal biennium during which the commission |
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publishes in the Texas Register certification that, with respect to |
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each national ambient air quality standard for ozone under 40 |
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C.F.R. Section 81.344, the United States Environmental Protection |
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Agency has, for each designated area under that section: |
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(1) designated the area as attainment or |
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unclassifiable; or |
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(2) approved a redesignation substitute making a |
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finding of attainment for the area [August 31, 2018]. |
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SECTION 6. Section 394.005(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) As a condition of receiving a grant, the qualifying |
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vehicle must be continuously owned, leased, or otherwise |
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commercially financed and registered and operated in the state by |
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the grant recipient until the earlier of the fourth anniversary of |
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the date of reimbursement of the grant-funded expenses or until the |
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date the vehicle has been in operation for 400,000 miles after the |
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date of reimbursement. Not less than 75 percent of the annual use |
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of the qualifying vehicle, either mileage or fuel use as determined |
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by the commission, must occur in: |
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(1) the counties any part of which are included in the |
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areas [area] described by Section 394.010(a-1) [394.010(a)]; or |
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(2) counties designated as nonattainment areas within |
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the meaning of Section 107(d) of the federal Clean Air Act (42 |
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U.S.C. Section 7407). |
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SECTION 7. The heading to Section 394.010, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 394.010. CLEAN TRANSPORTATION TRIANGLES [TRIANGLE]. |
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SECTION 8. Section 394.010, Health and Safety Code, is |
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amended by amending Subsections (a) and (d) and adding Subsections |
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(a-1) and (a-2) to read as follows: |
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(a) In this section, "affected county" has the meaning |
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assigned by Section 386.001. |
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(a-1) To ensure that natural gas vehicles purchased, |
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leased, or otherwise commercially financed or repowered under the |
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program have access to fuel, and to build the foundation for a |
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self-sustaining market for natural gas vehicles in Texas, the |
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commission shall award grants to support the development of a |
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network of natural gas vehicle fueling stations: |
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(1) along the interstate highways connecting Houston, |
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San Antonio, Dallas, and Fort Worth; |
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(2) along the interstate highways connecting San |
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Antonio to Corpus Christi and Laredo and the highways connecting |
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Corpus Christi and Laredo that are in the state highway system; [,] |
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and |
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(3) in nonattainment areas and affected counties of |
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the state. |
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(a-2) In awarding the grants, the commission shall provide |
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for: |
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(1) strategically placed natural gas vehicle fueling |
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stations: |
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(A) in and between the Houston, San Antonio, and |
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Dallas-Fort Worth areas to enable a natural gas vehicle to travel in |
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that triangular area relying solely on natural gas fuel; |
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(B) in and between the Corpus Christi, Laredo, |
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and San Antonio areas to enable a natural gas vehicle to travel in |
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that triangular area relying solely on natural gas fuel; [,] and |
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(C) in nonattainment areas and affected counties |
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of the state, to enable a natural gas vehicle to travel in those |
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areas relying solely on natural gas fuel; |
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(2) the grants to be dispersed through a competitive |
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bidding process to offset a portion of the cost of installation of |
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the natural gas dispensing equipment; |
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(3) contracts that require the recipient stations to |
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meet operational, maintenance, and reporting requirements as |
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specified by the commission; and |
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(4) a listing, to be maintained by the commission and |
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made available to the public online, of all natural gas vehicle |
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fueling stations that have received grant funding, including |
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location and hours of operation. |
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(d) Stations funded by grants under this section must be |
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publicly accessible. In awarding grants for stations under this |
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section, the [The] commission shall give preference to: |
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(1) stations providing both liquefied natural gas and |
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compressed natural gas at a single location; |
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(2) stations located not more than one mile from an |
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interstate highway [system]; and |
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(3) stations located in the triangular areas described |
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by Subsections (a-2)(1)(A) and (B) [area between the Houston, San
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Antonio, and Dallas-Fort Worth areas]. |
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SECTION 9. Section 394.012, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 394.012. EXPIRATION. This chapter expires on the last |
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day of the state fiscal biennium during which the commission |
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publishes in the Texas Register certification that, with respect to |
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each national ambient air quality standard for ozone under 40 |
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C.F.R. Section 81.344, the United States Environmental Protection |
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Agency has, for each designated area under that section: |
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(1) designated the area as attainment or |
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unclassifiable; or |
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(2) approved a redesignation substitute making a |
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finding of attainment for the area [August 31, 2017]. |
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SECTION 10. This Act takes effect August 30, 2017, but only |
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if S.B. 26, or similar legislation of the 85th Legislature, Regular |
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Session, 2017, that changes the expiration dates for the Texas |
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emissions reduction plan and certain programs funded under that |
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plan and transfers provisions governing grants for natural gas |
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vehicle fueling facilities along interstate highways connecting |
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Houston, San Antonio, Dallas, and Fort Worth and in nonattainment |
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areas from the Texas natural gas vehicle grant program under |
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Chapter 394, Health and Safety Code, to the Texas alternative |
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fueling facility program under Chapter 393, Health and Safety Code, |
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does not become law. If such a bill becomes law, this Act has no |
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effect. |