| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to certain eligibility requirements for grants under the |
|
|
Texas natural gas vehicle grant program. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Sections 394.005(b) and (c), Health and Safety |
|
|
Code, are amended to read as follows: |
|
|
(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 qualifying |
|
|
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; |
|
|
(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 Texas [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 or the date |
|
|
the vehicle has been in operation for 400,000 miles after the |
|
|
activity start date established by the commission. [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.] |
|
|
SECTION 2. Section 394.001(1-a), Health and Safety Code, is |
|
|
repealed. |
|
|
SECTION 3. The change in law made by this Act applies only |
|
|
to a grant awarded on or after the effective date of this Act. A |
|
|
grant awarded before the effective date of this Act is governed by |
|
|
the law in effect on the date the award was made, and the former law |
|
|
is continued in effect for that purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2023. |