Texas 2009 - 81st Regular

Texas House Bill HB3656 Compare Versions

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

Old	New	Differences
1	1	81R4299 SMH-D
2	2	By: Bohac H.B. No. 3656
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the Texas emissions reduction plan, including the motor
8	8	vehicle purchase or lease incentive program under the plan.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 382.0622, Health and Safety Code, is
11	11	amended by adding Subsection (e) to read as follows:
12	12	(e) Money deposited to the credit of the clean air account
13	13	that is not otherwise dedicated by law for another purpose may be
14	14	used to implement and administer the motor vehicle purchase or
15	15	lease incentive program established under Subchapter D, Chapter
16	16	386. This subsection expires on the date Chapter 386 expires.
17	17	SECTION 2. Section 386.153, Health and Safety Code, is
18	18	amended to read as follows:
19	19	Sec. 386.153. LIGHT-DUTY MOTOR VEHICLE PURCHASE OR LEASE
20	20	INCENTIVE SCHEDULE. (a) In this section, "total consideration"
21	21	has the meaning assigned by Section 152.002, Tax Code.
22	22	(b) A new light-duty motor vehicle is eligible for an
23	23	incentive according to the following schedule:
24	24	(1) seven percent of the total consideration if the
25	25	motor vehicle emits at least 0.45 pounds but not more than 0.55
26	26	pounds of carbon dioxide per mile; or
27	27	(2) 10 percent of the total consideration if the motor
28	28	vehicle emits less than 0.45 pounds of carbon dioxide per mile.
29	29	[Incentive emissions standard and incentive amount
30	30	[Model year 2003-2007
31	31	[Bin 4 $1,250
32	32	[Bin 3 $2,225
33	33	[Bin 2 $3,750
34	34	[Bin 1 $5,000]
35	35	SECTION 3. Subchapter D, Chapter 386, Health and Safety
36	36	Code, is amended by adding Section 386.157 to read as follows:
37	37	Sec. 386.157. INFORMATION RELATED TO MOTOR VEHICLE
38	38	EMISSIONS. (a) Each manufacturer of motor vehicles shall prepare
39	39	for distribution to its franchised dealers in this state a brochure
40	40	that includes:
41	41	(1) the list of eligible motor vehicles prepared by
42	42	the manufacturer under Section 386.155;
43	43	(2) the emissions and air pollution ratings, not
44	44	including fuel efficiency, for each motor vehicle included in the
45	45	list, based on information from the Green Vehicle Guide published
46	46	by the United States Environmental Protection Agency; and
47	47	(3) information on how consumers can obtain additional
48	48	information from the Green Vehicle Guide.
49	49	(b) In addition to the information required by Subsection
50	50	(a), the brochure shall include:
51	51	(1) the emissions and air pollution ratings, not
52	52	including fuel efficiency, for each motor vehicle described by
53	53	Subsection (a)(1) based on the motor vehicle's federal bin
54	54	certification number;
55	55	(2) information on where the federal bin certification
56	56	number is located on each motor vehicle; and
57	57	(3) instructions that clearly indicate how to
58	58	interpret the federal bin certification number.
59	59	(c) The commission by rule shall establish standards
60	60	relating to the preparation and distribution to franchised dealers
61	61	and to the dealers' customers of the brochure required by this
62	62	section.
63	63	SECTION 4. Section 386.160(a), Health and Safety Code, is
64	64	amended to read as follows:
65	65	(a) The comptroller by rule shall develop a method to
66	66	administer and account for the motor vehicle purchase or lease
67	67	incentives authorized by this subchapter and to pay incentive money
68	68	to the purchaser or lessee of a new motor vehicle, on application of
69	69	the purchaser or lessee as provided by this subchapter. The
70	70	comptroller shall process applications for incentives in the order
71	71	in which they are received.
72	72	SECTION 5. Section 386.161(b), Health and Safety Code, is
73	73	amended to read as follows:
74	74	(b) If the balance available for motor vehicle purchase or
75	75	lease incentives falls below 15 percent of the total allocated for
76	76	the incentives during that fiscal year, the comptroller by order
77	77	shall suspend the incentives and cease accepting or processing
78	78	applications for incentives until the date the comptroller can
79	79	certify that the balance available in the fund for incentives is an
80	80	amount adequate to resume the incentives or the beginning of the
81	81	next fiscal year, whichever is earlier. If the comptroller
82	82	suspends the incentives, the comptroller shall immediately notify
83	83	the commission and all new motor vehicle dealers and leasing agents
84	84	that the incentives have been suspended.
85	85	SECTION 6. Section 386.252(a), Health and Safety Code, is
86	86	amended to read as follows:
87	87	(a) Money in the fund may be used only to implement and
88	88	administer programs established under the plan and shall be
89	89	allocated as follows:
90	90	(1) for the diesel emissions reduction incentive
91	91	program, 77.5 [87.5] percent of the money in the fund, of which not
92	92	more than four percent may be used for the clean school bus program
93	93	and not more than 10 percent may be used for on-road diesel purchase
94	94	or lease incentives;
95	95	(2) for the new technology research and development
96	96	program, 9.5 percent of the money in the fund, of which up to
97	97	$250,000 is allocated for administration, up to $200,000 is
98	98	allocated for a health effects study, $500,000 is to be deposited in
99	99	the state treasury to the credit of the clean air account created
100	100	under Section 382.0622 to supplement funding for air quality
101	101	planning activities in affected counties, not less than 20 percent
102	102	is to be allocated each year to support research related to air
103	103	quality for the Houston-Galveston-Brazoria and Dallas-Fort Worth
104	104	nonattainment areas by a nonprofit organization based in Houston of
105	105	which $216,000 each year shall be contracted to the Energy Systems
106	106	Laboratory at the Texas Engineering Experiment Station for the
107	107	development and annual calculation of creditable statewide
108	108	emissions reductions obtained through wind and other renewable
109	109	energy resources for the State Implementation Plan, and the balance
110	110	is to be allocated each year to a nonprofit organization or an
111	111	institution of higher education based in Houston to be used to
112	112	implement and administer the new technology research and
113	113	development program under a contract with the commission for the
114	114	purpose of identifying, testing, and evaluating new
115	115	emissions-reducing technologies with potential for
116	116	commercialization in this state and to facilitate their
117	117	certification or verification; [and]
118	118	(3) for the motor vehicle purchase or lease incentive
119	119	program, 10 percent of the money in the fund; and
120	120	(4) for administrative costs incurred by the
121	121	commission and the laboratory, three percent of the money in the
122	122	fund.
123	123	SECTION 7. Section 386.153, Health and Safety Code, as
124	124	amended by this Act, applies only to a new motor vehicle sold or
125	125	leased on or after the effective date of this Act. A new motor
126	126	vehicle sold or leased before the effective date of this Act is
127	127	governed by the law as it existed immediately before the effective
128	128	date of this Act, and that law is continued in effect for that
129	129	purpose.
130	130	SECTION 8. (a) Not later than June 1, 2010, the Texas
131	131	Commission on Environmental Quality shall adopt the rules required
132	132	by Section 386.157, Health and Safety Code, as added by this Act.
133	133	(b) Not later than September 1, 2010, each manufacturer of a
134	134	new motor vehicle offered for sale in this state shall prepare and
135	135	distribute to its franchised dealers in this state the brochure
136	136	required by Section 386.157, Health and Safety Code, as added by
137	137	this Act.
138	138	SECTION 9. This Act takes effect September 1, 2009.