|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the creation of a zero-emissions vehicle program. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. CHAPTER 386, HEALTH AND SAFETY CODE, is amended |
|
by adding Subchapter G. ZERO EMISSION VEHICLE PROGRAM to read as |
|
follows: |
|
SUBCHAPTER G. ZERO EMISSION VEHICLE PROGRAM |
|
Sec. 386.301. DEFINITIONS. |
|
In this subchapter: |
|
(1) "Program" means the zero-emission vehicle program |
|
established under this subchapter. |
|
(2) "Retrofit" means to equip an exhaust system with |
|
new emissions-reducing parts or technology verified by the United |
|
States Environmental Protection Agency after manufacture of the |
|
original engine and fuel system. |
|
(3) "Zero emission vehicle" is defined as a vehicle that |
|
produces no more than 2% pollutants; Carbon Dioxide, Carbon |
|
Monoxide, Nitrogen dioxide, Sulfur Dioxide emitted as emissions |
|
from its tailpipe, as determined by the Commission. |
|
(4) "Governmental entity" has the meaning assigned to |
|
Section 2252.001(2), Government Code. |
|
Sec. 386.002. PROGRAM. |
|
(a) The commission shall establish and administer a |
|
zero-emissions vehicle program designed to reduce the total volume |
|
of emissions expelled from vehicle tailpipes in Texas. Under the |
|
program, the commission shall provide grants for eligible projects |
|
to offset the incremental cost of projects that lead to the |
|
creation, through retrofitting or modification of existing |
|
vehicles, of additional zero emission vehicles as defined under |
|
this chapter. |
|
(b) Projects that may be considered for a grant under the |
|
program include: |
|
(1) the purchase and use of emission reducing add-on |
|
equipment for vehicles, including devices that reduce tailpipe |
|
emissions; |
|
(2) the cost retrofitting of vehicles operated by |
|
state, county, or municipal with equipment to convert them to zero |
|
emission vehicles; and |
|
(3) other technologies that the commission finds will |
|
facilitate the conversion of vehicles into zero emission vehicles |
|
under this subchapter. |
|
Sec. 386.003. APPLICATION FOR GRANT. (a) A government |
|
entity in this state that operates one or more vehicles may apply |
|
for and receive a grant under the program. |
|
(b) The commission may adopt guidelines to allow a regional |
|
planning commission, council of governments, or similar regional |
|
planning agency created under Chapter 391, Local Government Code, |
|
or a private nonprofit organization to also apply for and receive a |
|
grant to improve the ability of the program to achieve its goals. |
|
(c) An application for a grant under this chapter must be |
|
made on a form provided by the commission and must contain the |
|
information required by the commission. |
|
Sec. 386.004. ELIGIBILITY OF PROJECTS FOR GRANTS. (a) The |
|
commission by rule shall establish criteria for setting priorities |
|
for projects eligible to receive grants under this chapter. The |
|
commission shall review and may modify the criteria and priorities |
|
as appropriate. |
|
(b) A vehicle proposed for retrofit must be used by a |
|
government entity, or other eligible entity as defined under |
|
386.003(b) of this subchapter, have at least five years of useful |
|
life remaining unless the applicant agrees to remove the retrofit |
|
device at the end of the life of the vehicle and reinstall the |
|
device on another vehicle, where applicable. |
|
(c) A vehicle proposed for retrofitting must: |
|
(1) be of model year 2006 or earlier; |
|
(2) have been owned or leased and operated by the |
|
applicant for at least the two years before submission of the grant |
|
application; |
|
(3) be in good operational condition; and |
|
(4) be currently used no less than once a month by the |
|
applicant. |
|
Sec. 386.005. RESTRICTION ON USE OF GRANT. (a) A recipient |
|
of a grant under this chapter shall use the grant to pay the |
|
incremental costs of the project for which the grant is made, which |
|
may include the reasonable and necessary expenses incurred for the |
|
labor needed to install emissions eliminating equipment. The |
|
recipient may not use the grant to pay the recipient's |
|
administrative expenses. |
|
(b) A vehicle acquired to replace an existing vehicle must |
|
be purchased and the grant recipient must agree to own and operate |
|
the vehicle no less than once a month for at least five years after a |
|
start date established by the commission, based on the date the |
|
commission accepts documentation of the permanent destruction or |
|
permanent removal of the vehicle being replaced. |
|
(c) A 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 |
|
permanently removed 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. |
|
(d) In this section, "permanent removal" means the |
|
permanent export of a vehicle or the engine of a vehicle to a |
|
destination outside of the United States, Canada, or the United |
|
Mexican States. |
|
SECTION 2. This Act takes effect on Sept. 1, 2019. |