Texas 2009 - 81st Regular

Texas House Bill HB3150 Compare Versions

Only one version of the bill is available at this time.

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1	1	By: Anchia H.B. No. 3150
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the creation of alternative fuel programs to be funded
7	7	by the Texas Emissions Reduction Plan Fund.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subsections (a) and (c), Section 386.252, Health
10	10	and Safety Code, are amended to read as follows:
11	11	(a) Money in the fund may be used only to implement and
12	12	administer programs established under the plan and shall be
13	13	allocated as follows:
14	14	(1) for the diesel emissions reduction incentive
15	15	program, 87.5 percent of the money in the fund, of which not more
16	16	than four percent may be used for the clean school bus program, not
17	17	more than five percent may be used for the clean fleet program, not
18	18	more than two percent may be used for the alternative fueling
19	19	facilities program, and not more than 10 percent may be used for
20	20	on-road diesel purchase or lease incentives;
21	21	(2) for the new technology research and development
22	22	program, 9.5 percent of the money in the fund, of which up to
23	23	$250,000 is allocated for administration, up to $200,000 is
24	24	allocated for a health effects study, $500,000 is to be deposited in
25	25	the state treasury to the credit of the clean air account created
26	26	under Section 382.0622 to supplement funding for air quality
27	27	planning activities in affected counties, not less than 20 percent
28	28	is to be allocated each year to support research related to air
29	29	quality for the Houston-Galveston-Brazoria and Dallas-Fort Worth
30	30	nonattainment areas by a nonprofit organization based in Houston of
31	31	which $216,000 each year shall be contracted to the Energy Systems
32	32	Laboratory at the Texas Engineering Experiment Station for the
33	33	development and annual calculation of creditable statewide
34	34	emissions reductions obtained through wind and other renewable
35	35	energy resources for the State Implementation Plan, and the balance
36	36	is to be allocated each year to a nonprofit organization or an
37	37	institution of higher education based in Houston to be used to
38	38	implement and administer the new technology research and
39	39	development program under a contract with the commission for the
40	40	purpose of identifying, testing, and evaluating new
41	41	emissions-reducing technologies with potential for
42	42	commercialization in this state and to facilitate their
43	43	certification or verification; and
44	44	(3) for administrative costs incurred by the
45	45	commission and the laboratory, three percent of the money in the
46	46	fund.
47	47	(c) Money in the fund may be allocated to the clean school
48	48	bus program, the clean fleet program, and the alternative fueling
49	49	facilities program only if:
50	50	(1) the money is available for that purpose after
51	51	money is allocated for the other purposes of the fund as required by
52	52	the state implementation plan; or
53	53	(2) the amount of money deposited to the credit of the
54	54	fund in a state fiscal year exceeds the amount the comptroller's
55	55	biennial revenue estimate shows as the comptroller's estimated
56	56	amount to be deposited to the credit of the fund in that year.
57	57	SECTION 2. Subtitle C, Title 5, Health and Safety Code, is
58	58	amended by adding Chapters 391 and 392 to read as follows:
59	59	CHAPTER 391. TEXAS CLEAN FLEET PROGRAM
60	60	Sec. 391.001. DEFINITIONS. In this chapter:
61	61	(1) "Alternative fuel" means a fuel other than
62	62	gasoline or diesel fuel, other than biodiesel fuel, including
63	63	electricity, compressed natural gas, liquified natural gas,
64	64	hydrogen, propane, methanol, ethanol, or a mixture of fuels
65	65	containing at least 85 percent methanol or ethanol by volume.
66	66	(2) "Commission" means the Texas Commission on
67	67	Environmental Quality.
68	68	(3) "Hybrid vehicle" means a vehicle with at least two
69	69	different energy converters and two different energy storage
70	70	systems on board the vehicle for the purpose of propelling the
71	71	vehicle.
72	72	(4) "Incremental cost" has the meaning assigned by
73	73	Section 386.001.
74	74	(5) "Program" means the Texas clean fleet program
75	75	established under this chapter.
76	76	Sec. 391.002. PROGRAM. (a) The commission shall establish
77	77	and administer the Texas clean fleet program designed to encourage
78	78	entities that have a fleet of vehicles to either convert
79	79	diesel-powered or gasoline-powered vehicles to alternative fuel
80	80	vehicles or replace them with such vehicles, including
81	81	hybrid-electric, compressed natural gas, liquefied natural gas,
82	82	hydrogen, or other alternative fuel vehicles, to reduce the
83	83	exposure of the citizens living in nonattainment areas of the
84	84	state. Under the program, the commission shall provide grants for
85	85	eligible projects to offset the incremental cost of projects for
86	86	fleet owners.
87	87	(b) An entity that places 25 or more qualifying vehicles in
88	88	service in this state during a calendar year is eligible to
89	89	participate in the program.
90	90	(c) A vehicle is a qualifying vehicle that may be considered
91	91	for a grant under the 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, and is to be used
94	94	entirely in this state;
95	95	(2) converts the vehicle to be a hybrid vehicle or to
96	96	be fueled by an alternative fuel in a manner other than the manner
97	97	described by Subdivision (3), and the vehicle is to be used entirely
98	98	in this state; or
99	99	(3) replaces the vehicle's power source with a power
100	100	source that is fueled by an alternative fuel or that causes the
101	101	vehicle to be a hybrid vehicle, and the vehicle is to be used
102	102	entirely in this state.
103	103	(d) A vehicle is not a qualifying vehicle if the vehicle:
104	104	(1) is a mild hybrid vehicle, such as a:
105	105	(A) Chevrolet Malibu;
106	106	(B) Chevrolet Silverado;
107	107	(C) Dodge Ram;
108	108	(D) GMC Sierra;
109	109	(E) Saturn Aura; or
110	110	(F) Saturn Vue;
111	111	(2) is a neighborhood electric vehicle, as defined by
112	112	Section 551.301, Transportation Code; or
113	113	(3) has been used as a qualifying vehicle to qualify
114	114	for a grant under this chapter for a previous reporting period or by
115	115	another entity.
116	116	Sec. 391.003. APPLICATION FOR GRANT. (a) An entity
117	117	operating in this state that operates a fleet of at least 100
118	118	vehicles may apply for and receive a grant under the program.
119	119	(b) The commission may adopt guidelines to allow a regional
120	120	planning commission, council of governments, or similar regional
121	121	planning agency created under Chapter 391, Local Government Code,
122	122	or a private nonprofit organization to apply for and receive a grant
123	123	to improve the ability of the program to achieve its goals.
124	124	(c) An application for a grant under this chapter must be
125	125	made on a form provided by the commission and must contain the
126	126	information required by the commission.
127	127	Sec. 391.004. ELIGIBILITY OF PROJECTS FOR GRANTS. (a) The
128	128	commission by rule shall establish criteria for setting priorities
129	129	for projects eligible to receive grants under this chapter. The
130	130	commission shall review and may modify the criteria and priorities
131	131	as appropriate.
132	132	(b) A qualifying vehicle must be used on a regular, daily
133	133	route and must have at least five years of useful life remaining.
134	134	Sec. 391.005. RESTRICTION ON USE OF GRANT. A recipient of a
135	135	grant under this chapter shall use the grant to pay the incremental
136	136	costs of the project for which the grant is made, which may include
137	137	the initial cost of the alternative fuel vehicle and the reasonable
138	138	and necessary expenses incurred for the labor needed to install
139	139	emissions-reducing equipment. The recipient may not use the grant
140	140	to pay the recipient's administrative expenses.
141	141	Sec. 391.006. AMOUNT OF GRANT. The amount the commission
142	142	shall award for each vehicle is:
143	143	(1) for a certified low-emission vehicle fueled by an
144	144	alternative fuel, 50 percent of the incremental cost;
145	145	(2) for a certified ultra-low-emission vehicle or
146	146	certified inherently low-emission vehicle fueled by an alternative
147	147	fuel, 75 percent of the incremental cost;
148	148	(3) for a certified super-ultra-low-emission vehicle
149	149	or certified zero-emission vehicle fueled by an alternative fuel,
150	150	85 percent of the incremental cost; or
151	151	(4) for a hybrid vehicle, 80 percent of the
152	152	incremental cost.
153	153	Sec. 391.007. EXPIRATION. This chapter expires August 31,
154	154	2017.
155	155	CHAPTER 392. TEXAS ALTERNATIVE FUELING FACILITIES PROGRAM
156	156	Sec. 392.001. DEFINITIONS. In this chapter:
157	157	(1) "Alternative fuel" means a fuel other than
158	158	gasoline or diesel fuel, other than biodiesel fuel, including
159	159	electricity, compressed natural gas, liquified natural gas,
160	160	hydrogen, propane, methanol, ethanol, or a mixture of fuels
161	161	containing at least 85 percent methanol or ethanol by volume.
162	162	(2) "Commission" means the Texas Commission on
163	163	Environmental Quality.
164	164	(3) "Program" means the Texas alternative fueling
165	165	facilities program established under this chapter.
166	166	Sec. 392.002. PROGRAM. (a) The commission shall establish
167	167	and administer the Texas alternative fueling facilities program
168	168	designed to provide fueling facilities in nonattainment areas for
169	169	alternative fuel. Under the program, the commission shall provide
170	170	grants for eligible projects to offset the cost of qualifying
171	171	projects.
172	172	(b) An entity that constructs, reconstructs, or acquires an
173	173	alternative fuel refueling facility is eligible for a grant as
174	174	provided by this chapter.
175	175	(c) An entity's qualified amount is the cost incurred by the
176	176	entity during a calendar year to construct, reconstruct, or acquire
177	177	a facility to store, compress, charge, or dispense alternative
178	178	fuels.
179	179	Sec. 392.003. APPLICATION FOR GRANT. (a) An entity
180	180	operating in this state that constructs, reconstructs, or acquires
181	181	a facility to store, compress, charge, or dispense alternative
182	182	fuels may apply for and receive a grant under the program.
183	183	(b) The commission may adopt guidelines to allow a regional
184	184	planning commission, council of governments, or similar regional
185	185	planning agency created under Chapter 391, Local Government Code,
186	186	or a private nonprofit organization to apply for and receive a grant
187	187	to improve the ability of the program to achieve its goals.
188	188	(c) An application for a grant under this chapter must be
189	189	made on a form provided by the commission and must contain the
190	190	information required by the commission.
191	191	Sec. 392.004. ELIGIBILITY OF PROJECTS FOR GRANTS. The
192	192	commission by rule shall establish criteria for setting priorities
193	193	for projects eligible to receive grants under this chapter. The
194	194	commission shall review and may modify the criteria and priorities
195	195	as appropriate.
196	196	Sec. 392.005. RESTRICTION ON USE OF GRANT. A recipient of a
197	197	grant under this chapter shall use the grant to pay the costs of the
198	198	alternative fuel project. The recipient may not use the grant to
199	199	pay the recipient's administrative expenses.
200	200	Sec. 392.006. AMOUNT OF GRANT. The amount the commission
201	201	shall award for each alternative fueling facility is 50 percent of
202	202	the actual cost of the facility.
203	203	Sec. 392.007. LIMITATIONS. (a) An entity may not receive
204	204	a grant under this chapter that exceeds $500,000 for a single
205	205	facility.
206	206	(b) An entity may not receive a second grant under this
207	207	chapter for the same facility.
208	208	(c) An entity receiving a grant under this chapter must make
209	209	the refueling facility accessible to persons other than the entity
210	210	at designated times during the day.
211	211	Sec. 392.008. EXPIRATION. This chapter expires August 31,
212	212	2017.
213	213	SECTION 3. The Texas Commission on Environmental Quality
214	214	shall adopt rules under Sections 391.004 and 392.004, Health and
215	215	Safety Code, as added by this Act, as soon as practicable after the
216	216	effective date of this Act.
217	217	SECTION 4. This Act takes effect September 1, 2009.