Texas 2009 - 81st Regular

Texas House Bill HB2978 Compare Versions

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1	1	81R31382 JAM-D
2	2	By: Otto, Anchia H.B. No. 2978
3	3	Substitute the following for H.B. No. 2978:
4	4	By: Legler C.S.H.B. No. 2978
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of alternative fuel programs to be funded
10	10	by the Texas emissions reduction plan fund.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Sections 386.252(a) and (c), Health and Safety
13	13	Code, are amended to read as follows:
14	14	(a) Money in the fund may be used only to implement and
15	15	administer programs established under the plan and shall be
16	16	allocated as follows:
17	17	(1) for the diesel emissions reduction incentive
18	18	program, 87.5 percent of the money in the fund, of which not more
19	19	than four percent may be used for the clean school bus program, not
20	20	more than five percent may be used for the clean fleet program, not
21	21	more than two percent may be used for the alternative fueling
22	22	facilities program, and not more than 10 percent may be used for
23	23	on-road diesel purchase or lease incentives;
24	24	(2) for the new technology research and development
25	25	program, 9.5 percent of the money in the fund, of which up to
26	26	$250,000 is allocated for administration, up to $200,000 is
27	27	allocated for a health effects study, $500,000 is to be deposited in
28	28	the state treasury to the credit of the clean air account created
29	29	under Section 382.0622 to supplement funding for air quality
30	30	planning activities in affected counties, not less than 20 percent
31	31	is to be allocated each year to support research related to air
32	32	quality for the Houston-Galveston-Brazoria and Dallas-Fort Worth
33	33	nonattainment areas by a nonprofit organization based in Houston of
34	34	which $216,000 each year shall be contracted to the Energy Systems
35	35	Laboratory at the Texas Engineering Experiment Station for the
36	36	development and annual calculation of creditable statewide
37	37	emissions reductions obtained through wind and other renewable
38	38	energy resources for the State Implementation Plan, and the balance
39	39	is to be allocated each year to a nonprofit organization or an
40	40	institution of higher education based in Houston to be used to
41	41	implement and administer the new technology research and
42	42	development program under a contract with the commission for the
43	43	purpose of identifying, testing, and evaluating new
44	44	emissions-reducing technologies with potential for
45	45	commercialization in this state and to facilitate their
46	46	certification or verification; and
47	47	(3) for administrative costs incurred by the
48	48	commission and the laboratory, three percent of the money in the
49	49	fund.
50	50	(c) Money in the fund may be allocated to the clean school
51	51	bus program, the clean fleet program, and the alternative fueling
52	52	facilities program only if:
53	53	(1) the money is available for that purpose after
54	54	money is allocated for the other purposes of the fund as required by
55	55	the state implementation plan; or
56	56	(2) the amount of money deposited to the credit of the
57	57	fund in a state fiscal year exceeds the amount the comptroller's
58	58	biennial revenue estimate shows as the comptroller's estimated
59	59	amount to be deposited to the credit of the fund in that year.
60	60	SECTION 2. Subtitle C, Title 5, Health and Safety Code, is
61	61	amended by adding Chapters 391 and 392 to read as follows:
62	62	CHAPTER 391. TEXAS CLEAN FLEET PROGRAM
63	63	Sec. 391.001. DEFINITIONS. In this chapter:
64	64	(1) "Alternative fuel" means a fuel other than
65	65	gasoline or diesel fuel, other than biodiesel fuel, including
66	66	electricity, compressed natural gas, liquified natural gas,
67	67	hydrogen, propane, methanol, or a mixture of fuels containing at
68	68	least 85 percent methanol by volume.
69	69	(2) "Commission" means the Texas Commission on
70	70	Environmental Quality.
71	71	(3) "Hybrid vehicle" means a vehicle with at least two
72	72	different energy converters and two different energy storage
73	73	systems on board the vehicle for the purpose of propelling the
74	74	vehicle.
75	75	(4) "Incremental cost" has the meaning assigned by
76	76	Section 386.001.
77	77	(5) "Program" means the Texas clean fleet program
78	78	established under this chapter.
79	79	Sec. 391.002. PROGRAM. (a) The commission shall establish
80	80	and administer the Texas clean fleet program to encourage a person
81	81	that has a fleet of vehicles to convert diesel-powered vehicles to
82	82	alternative fuel or hybrid vehicles or replace them with
83	83	alternative fuel or hybrid vehicles. Under the program, the
84	84	commission shall provide grants for eligible projects to offset the
85	85	incremental cost of projects for fleet owners.
86	86	(b) An entity that places 25 or more qualifying vehicles in
87	87	service for use entirely in this state during a calendar year is
88	88	eligible to participate in the program.
89	89	Sec. 391.003. QUALIFYING VEHICLES. (a) A vehicle is a
90	90	qualifying vehicle that may be considered for a grant under the
91	91	program if during a calendar year the entity:
92	92	(1) purchases the vehicle and the vehicle is a hybrid
93	93	vehicle, or is fueled by an alternative fuel;
94	94	(2) converts the vehicle to be a hybrid vehicle or to
95	95	be fueled by an alternative fuel in a manner other than the manner
96	96	described by Subdivision (3); or
97	97	(3) replaces the vehicle's power source with a power
98	98	source that is fueled by an alternative fuel or that causes the
99	99	vehicle to be a hybrid vehicle.
100	100	(b) A vehicle is not a qualifying vehicle if the vehicle:
101	101	(1) is a neighborhood electric vehicle, as defined by
102	102	Section 551.301, Transportation Code;
103	103	(2) has been used as a qualifying vehicle to qualify
104	104	for a grant under this chapter for a previous reporting period or by
105	105	another entity; or
106	106	(3) has qualified for a similar grant or tax credit in
107	107	another jurisdiction.
108	108	Sec. 391.004. APPLICATION FOR GRANT. (a) An entity
109	109	operating in this state that operates a fleet of at least 10
110	110	vehicles may apply for and receive a grant under the program.
111	111	(b) The commission may adopt guidelines to allow a regional
112	112	planning commission, council of governments, or similar regional
113	113	planning agency created under Chapter 391, Local Government Code,
114	114	or a private nonprofit organization to apply for and receive a grant
115	115	to improve the ability of the program to achieve its goals.
116	116	(c) An application for a grant under this chapter must be
117	117	made on a form provided by the commission and must contain the
118	118	information required by the commission.
119	119	Sec. 391.005. ELIGIBILITY OF PROJECTS FOR GRANTS. (a) The
120	120	commission by rule shall establish criteria for setting priorities
121	121	for projects eligible to receive grants under this chapter. The
122	122	commission shall review and may modify the criteria and priorities
123	123	as appropriate.
124	124	(b) A qualifying vehicle must be used on a regular, daily
125	125	route and must have at least five years of useful life remaining.
126	126	(c) A qualifying vehicle must remain in the state for at
127	127	least five years. The commission by rule shall create a monitoring
128	128	program to ensure compliance under this subsection as well as
129	129	penalties against the recipient of the grant if the vehicle is
130	130	removed from the state before the fifth anniversary of the date the
131	131	grant is awarded.
132	132	Sec. 391.006. RESTRICTION ON USE OF GRANT. A recipient of a
133	133	grant under this chapter shall use the grant to pay the incremental
134	134	costs of the project for which the grant is made, which may include
135	135	the initial cost of the alternative fuel vehicle and the reasonable
136	136	and necessary expenses incurred for the labor needed to install
137	137	emissions-reducing equipment. The recipient may not use the grant
138	138	to pay the recipient's administrative expenses.
139	139	Sec. 391.007. AMOUNT OF GRANT. The amount the commission
140	140	shall award for each vehicle is:
141	141	(1) for a federally certified low-emission vehicle
142	142	fueled by an alternative fuel, 50 percent of the incremental cost;
143	143	(2) for a federally certified ultra-low-emission
144	144	vehicle or federally certified inherently low-emission vehicle
145	145	fueled by an alternative fuel, 75 percent of the incremental cost;
146	146	(3) for a federally certified
147	147	super-ultra-low-emission vehicle or federally certified
148	148	zero-emission vehicle fueled by an alternative fuel, 85 percent of
149	149	the incremental cost; or
150	150	(4) for a hybrid vehicle, 80 percent of the
151	151	incremental cost.
152	152	Sec. 391.008. EXPIRATION. This chapter expires August 31,
153	153	2017.
154	154	CHAPTER 392. TEXAS ALTERNATIVE FUELING FACILITIES PROGRAM
155	155	Sec. 392.001. DEFINITIONS. In this chapter:
156	156	(1) "Alternative fuel" means a fuel other than
157	157	gasoline or diesel fuel, other than biodiesel fuel, including
158	158	electricity, compressed natural gas, liquified natural gas,
159	159	hydrogen, propane, methanol, or a mixture of fuels containing at
160	160	least 85 percent methanol by volume.
161	161	(2) "Commission" means the Texas Commission on
162	162	Environmental Quality.
163	163	(3) "Program" means the Texas alternative fueling
164	164	facilities program established under this chapter.
165	165	Sec. 392.002. PROGRAM. (a) The commission shall establish
166	166	and administer the Texas alternative fueling facilities program to
167	167	provide fueling facilities in nonattainment areas for alternative
168	168	fuels. Under the program, the commission shall provide grants for
169	169	eligible projects to offset the cost of qualifying projects.
170	170	(b) An entity that constructs, reconstructs, or acquires an
171	171	alternative fuel refueling facility is eligible for a grant as
172	172	provided by this chapter.
173	173	Sec. 392.003. APPLICATION FOR GRANT. (a) An entity
174	174	operating in this state that constructs, reconstructs, or acquires
175	175	a facility to store, compress, charge, or dispense alternative
176	176	fuels may apply for and receive a grant under the program.
177	177	(b) The commission may adopt guidelines to allow a regional
178	178	planning commission, council of governments, or similar regional
179	179	planning agency created under Chapter 391, Local Government Code,
180	180	or a private nonprofit organization to apply for and receive a grant
181	181	to improve the ability of the program to achieve its goals.
182	182	(c) An application for a grant under this chapter must be
183	183	made on a form provided by the commission and must contain the
184	184	information required by the commission.
185	185	Sec. 392.004. ELIGIBILITY OF PROJECTS FOR GRANTS. The
186	186	commission by rule shall establish criteria for setting priorities
187	187	for projects eligible to receive grants under this chapter. The
188	188	commission shall review and may modify the criteria and priorities
189	189	as appropriate.
190	190	Sec. 392.005. RESTRICTION ON USE OF GRANT. A recipient of a
191	191	grant under this chapter shall use the grant to pay the costs of the
192	192	alternative fuel project. The recipient may not use the grant to
193	193	pay the recipient's administrative expenses.
194	194	Sec. 392.006. AMOUNT OF GRANT. The amount the commission
195	195	shall award for each alternative fueling facility is 50 percent of
196	196	the actual cost incurred to construct, reconstruct, or acquire a
197	197	facility to store, compress, charge, or dispense alternative fuels.
198	198	Sec. 392.007. LIMITATIONS. (a) An entity may not receive a
199	199	grant under this chapter in an amount that exceeds $500,000 for a
200	200	single facility.
201	201	(b) An entity receiving a grant under this chapter must make
202	202	the refueling facility accessible to persons other than the entity
203	203	at designated times during the day.
204	204	Sec. 392.008. EXPIRATION. This chapter expires August 31,
205	205	2017.
206	206	SECTION 3. The Texas Commission on Environmental Quality
207	207	shall adopt rules under Sections 391.005 and 392.004, Health and
208	208	Safety Code, as added by this Act, as soon as practicable after the
209	209	effective date of this Act.
210	210	SECTION 4. This Act takes effect September 1, 2009.