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Texas House Bill HB432

Texas 2009 - 81st Regular

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11 H.B. No. 432
22
33
44 AN ACT
55 relating to the acquisition by state agencies of low-emissions
66 vehicles and vehicles using alternative fuels.
77 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
88 SECTION 1. Section 2158.001, Government Code, is amended to
99 read as follows:
1010 Sec. 2158.001. DEFINITIONS [DEFINITION]. In this
1111 subchapter:
1212 (1) "Conventional [, "conventional] gasoline" means
1313 any gasoline that does not meet specifications set by a
1414 certification under Section 211(k) of the federal Clean Air Act (42
1515 U.S.C. Section 7545(k)).
1616 (2) "Golf cart" has the meaning assigned by Section
1717 502.001, Transportation Code.
1818 (3) "Light-duty motor vehicle" has the meaning
1919 assigned by Section 386.151, Health and Safety Code.
2020 (4) "Motor vehicle" has the meaning assigned by
2121 Section 386.151, Health and Safety Code.
2222 (5) "Neighborhood electric vehicle" means a motor
2323 vehicle that:
2424 (A) is originally manufactured to meet, and does
2525 meet, the equipment requirements and safety standards established
2626 for "low-speed vehicles" in Federal Motor Vehicle Safety Standard
2727 500 (49 C.F.R. Section 571.500);
2828 (B) is a slow-moving vehicle, as defined by
2929 Section 547.001, Transportation Code, that is able to attain a
3030 speed of more than 20 miles per hour but not more than 25 miles per
3131 hour in one mile on a paved, level surface;
3232 (C) is a four-wheeled motor vehicle;
3333 (D) is powered by electricity or alternative
3434 power sources;
3535 (E) has a gross vehicle weight rating of less
3636 than 3,000 pounds; and
3737 (F) is not a golf cart.
3838 (6) "Plug-in hybrid motor vehicle" means a vehicle
3939 that:
4040 (A) draws motive power from a battery with a
4141 capacity of at least four kilowatt-hours;
4242 (B) can be recharged from an external source of
4343 electricity for motive power; and
4444 (C) is a light-duty motor vehicle capable of
4545 operating at highway speeds, excluding golf carts and neighborhood
4646 electric vehicles.
4747 SECTION 2. Subchapter A, Chapter 2158, Government Code, is
4848 amended by adding Section 2158.0013 to read as follows:
4949 Sec. 2158.0013. APPLICABILITY OF SUBCHAPTER. The
5050 purchasing requirements relating to alternatively fueled vehicles
5151 established by this subchapter do not apply if a state agency
5252 demonstrates that the state agency will incur net costs in meeting
5353 the requirements of this subchapter.
5454 SECTION 3. Section 2158.003(a), Government Code, is amended
5555 to read as follows:
5656 (a) A state agency may not purchase or lease a vehicle
5757 designed or used primarily for the transportation of individuals,
5858 including a station wagon, that has a wheelbase longer than 113
5959 inches or that has more than 160 SAE net horsepower. The vehicle
6060 may have a wheelbase of up to 116 inches or SAE net horsepower of up
6161 to 280 if the vehicle will be converted so that it uses [is capable
6262 of using] compressed natural gas, liquefied natural gas, liquefied
6363 petroleum gas, methanol or methanol/gasoline blends of 85 percent
6464 or greater, ethanol or ethanol/gasoline blends of 85 percent or
6565 greater, biodiesel or biodiesel/diesel blends of 20 percent or
6666 greater, or electricity, including electricity to power a plug-in
6767 hybrid motor vehicle. This exception to the wheelbase and
6868 horsepower limitations applies to a state agency regardless of the
6969 size of the agency's vehicle fleet.
7070 SECTION 4. Sections 2158.004(a), (b), (c), and (d),
7171 Government Code, are amended to read as follows:
7272 (a) A state agency operating a fleet of more than 15
7373 vehicles, excluding law enforcement and emergency vehicles, may not
7474 purchase or lease a motor vehicle unless that vehicle uses [is
7575 capable of using] compressed natural gas, liquefied natural gas,
7676 liquefied petroleum gas, methanol or methanol/gasoline blends of 85
7777 percent or greater, ethanol or ethanol/gasoline blends of 85
7878 percent or greater, biodiesel or biodiesel/diesel blends of 20
7979 percent or greater, or electricity, including electricity to power
8080 a plug-in hybrid motor vehicle.
8181 (b) A state agency may obtain equipment or refueling
8282 facilities necessary to operate vehicles using compressed natural
8383 gas, liquefied natural gas, liquefied petroleum gas, methanol or
8484 methanol/gasoline blends of 85 percent or greater, ethanol or
8585 ethanol/gasoline blends of 85 percent or greater, biodiesel or
8686 biodiesel/diesel blends of 20 percent or greater, or electricity,
8787 including electricity to power a plug-in hybrid motor vehicle:
8888 (1) by purchase or lease as authorized by law;
8989 (2) by gift or loan of the equipment or facilities; or
9090 (3) by gift or loan of the equipment or facilities or
9191 by another arrangement under a service contract for the supply of
9292 compressed natural gas, liquefied natural gas, liquefied petroleum
9393 gas, methanol or methanol/gasoline blends of 85 percent or greater,
9494 ethanol or ethanol/gasoline blends of 85 percent or greater,
9595 biodiesel or biodiesel/diesel blends of 20 percent or greater, or
9696 electricity, including electricity to power a plug-in hybrid motor
9797 vehicle.
9898 (c) If the equipment or facilities are donated, loaned, or
9999 provided through another arrangement with the supplier of
100100 compressed natural gas, liquefied natural gas, liquefied petroleum
101101 gas, methanol or methanol/gasoline blends of 85 percent or greater,
102102 ethanol or ethanol/gasoline blends of 85 percent or greater,
103103 biodiesel or biodiesel/diesel blends of 20 percent or greater, or
104104 electricity, including electricity to power a plug-in hybrid motor
105105 vehicle, the supplier is entitled to recoup its actual cost of
106106 donating, loaning, or providing the equipment or facilities through
107107 its fuel charges under the supply contract.
108108 (d) The commission may waive the requirements of this
109109 section for a state agency on receipt of certification supported by
110110 evidence acceptable to the commission that:
111111 (1) the agency's vehicles will be operating primarily
112112 in an area in which neither the agency nor a supplier has or can
113113 reasonably be expected to establish adequate refueling for
114114 compressed natural gas, liquefied natural gas, liquefied petroleum
115115 gas, methanol or methanol/gasoline blends of 85 percent or greater,
116116 ethanol or ethanol/gasoline blends of 85 percent or greater,
117117 biodiesel or biodiesel/diesel blends of 20 percent or greater, or
118118 electricity, including electricity to power a plug-in hybrid motor
119119 vehicle; or
120120 (2) the agency is unable to obtain equipment or
121121 refueling facilities necessary to operate vehicles using
122122 compressed natural gas, liquefied natural gas, liquefied petroleum
123123 gas, methanol or methanol/gasoline blends of 85 percent or greater,
124124 ethanol or ethanol/gasoline blends of 85 percent or greater,
125125 biodiesel or biodiesel/diesel blends of 20 percent or greater, or
126126 electricity, including electricity to power a plug-in hybrid motor
127127 vehicle, at a projected cost that is reasonably expected to be no
128128 greater than the net costs of continued use of conventional
129129 gasoline or diesel fuels, measured over the expected useful life of
130130 the equipment or facilities supplied.
131131 SECTION 5. Sections 2158.005, 2158.006, 2158.007, and
132132 2158.008, Government Code, are amended to read as follows:
133133 Sec. 2158.005. PERCENTAGE REQUIREMENTS FOR VEHICLES
134134 [CAPABLE OF] USING ALTERNATIVE FUELS[; PROGRAM REVIEW]. (a) Not
135135 later than September 30, 2010 [1, 1996], a state agency that
136136 operates a fleet of more than 15 motor vehicles, excluding law
137137 enforcement and emergency vehicles, shall have a fleet consisting
138138 of vehicles of which at least 50 percent use [are capable of using]
139139 compressed natural gas, liquefied natural gas, liquefied petroleum
140140 gas, methanol or methanol/gasoline blends of 85 percent or greater,
141141 ethanol or ethanol/gasoline blends of 85 percent or greater,
142142 biodiesel or biodiesel/diesel blends of 20 percent or greater, or
143143 electricity, including electricity to power a plug-in hybrid motor
144144 vehicle.
145145 (b) [The Texas Natural Resource Conservation Commission
146146 shall review the program established by this subchapter by December
147147 31, 1996. If the Texas Natural Resource Conservation Commission
148148 determines that the program has been effective in reducing total
149149 annual emissions from motor vehicles in the area, then after August
150150 31, 1998, a state agency operating a fleet of more than 15 motor
151151 vehicles shall have a fleet consisting of vehicles of which at least
152152 90 percent are capable of using compressed natural gas, liquefied
153153 natural gas, liquefied petroleum gas, methanol or
154154 methanol/gasoline blends of 85 percent or greater, ethanol or
155155 ethanol/gasoline blends of 85 percent or greater, or electricity.
156156 [(c)] The Texas Commission on Environmental Quality
157157 [commission] shall collect [support the Texas Natural Resource
158158 Conservation Commission in collecting] reasonable information
159159 needed to determine the air quality benefits from use of compressed
160160 natural gas, liquefied natural gas, liquefied petroleum gas,
161161 methanol or methanol/gasoline blends of 85 percent or greater,
162162 ethanol or ethanol/gasoline blends of 85 percent or greater,
163163 biodiesel or biodiesel/diesel blends of 20 percent or greater, or
164164 electricity, including electricity to power a plug-in hybrid motor
165165 vehicle, at affected agencies.
166166 (c) [(d)] A state agency in its annual financial report to
167167 the legislature shall report its progress in achieving the
168168 percentage requirements of this section by [itemizing]:
169169 (1) itemizing purchases, leases, and conversions of
170170 motor vehicles; [and]
171171 (2) itemizing usage of compressed natural gas,
172172 liquefied natural gas, liquefied petroleum gas, methanol or
173173 methanol/gasoline blends of 85 percent or greater, ethanol or
174174 ethanol/gasoline blends of 85 percent or greater, biodiesel or
175175 biodiesel/diesel blends of 20 percent or greater, or electricity,
176176 including electricity to power a plug-in hybrid motor vehicle;
177177 (3) describing the availability of compressed natural
178178 gas, liquefied natural gas, liquefied petroleum gas, methanol or
179179 methanol/gasoline blends of 85 percent or greater, ethanol or
180180 ethanol/gasoline blends of 85 percent or greater, biodiesel or
181181 biodiesel/diesel blends of 20 percent or greater, or electricity,
182182 including electricity to power a plug-in hybrid motor vehicle; and
183183 (4) providing the information reasonably needed to
184184 determine the air quality benefits from use of compressed natural
185185 gas, liquefied natural gas, liquefied petroleum gas, methanol or
186186 methanol/gasoline blends of 85 percent or greater, ethanol or
187187 ethanol/gasoline blends of 85 percent or greater, biodiesel or
188188 biodiesel/diesel blends of 20 percent or greater, or electricity,
189189 including electricity to power a plug-in hybrid motor vehicle.
190190 (d) [(e)] A state agency may meet the percentage
191191 requirements of this section through purchase of new vehicles or
192192 the conversion of existing vehicles, in accordance with federal and
193193 state requirements and applicable safety laws. The Texas State
194194 Technical College System shall develop a program and provide
195195 training to a state agency converting an existing vehicle to meet
196196 the requirements of this section.
197197 (e) [(f)] The comptroller [commission] may reduce a
198198 percentage specified by this section or waive the requirements of
199199 this section for a state agency on receipt of certification
200200 supported by evidence acceptable to the comptroller [commission]
201201 that:
202202 (1) the agency's vehicles will be operating primarily
203203 in an area in which neither the agency nor a supplier has or can
204204 reasonably be expected to establish adequate refueling for
205205 compressed natural gas, liquefied natural gas, liquefied petroleum
206206 gas, methanol or methanol/gasoline blends of 85 percent or greater,
207207 ethanol or ethanol/gasoline blends of 85 percent or greater,
208208 biodiesel or biodiesel/diesel blends of 20 percent or greater, or
209209 electricity, including electricity to power a plug-in hybrid motor
210210 vehicle; or
211211 (2) the agency is unable to obtain equipment or
212212 refueling facilities necessary to operate vehicles using
213213 compressed natural gas, liquefied natural gas, liquefied petroleum
214214 gas, methanol or methanol/gasoline blends of 85 percent or greater,
215215 ethanol or ethanol/gasoline blends of 85 percent or greater,
216216 biodiesel or biodiesel/diesel blends of 20 percent or greater, or
217217 electricity, including electricity to power a plug-in hybrid motor
218218 vehicle, at a projected cost that is reasonably expected to be no
219219 greater than the net costs of continued use of conventional
220220 gasoline or diesel fuels, measured over the expected useful life of
221221 the equipment or facilities supplied.
222222 Sec. 2158.006. DETERMINATION OF ALTERNATIVE FUELS PROGRAM
223223 PARAMETERS. In developing the use of compressed natural gas,
224224 liquefied natural gas, liquefied petroleum gas, methanol or
225225 methanol/gasoline blends of 85 percent or greater, ethanol or
226226 ethanol/gasoline blends of 85 percent or greater, biodiesel or
227227 biodiesel/diesel blends of 20 percent or greater, or electricity,
228228 including electricity to power a plug-in hybrid motor vehicle, the
229229 commission should work with state agency fleet operators, vehicle
230230 manufacturers and converters, fuel distributors, and others to
231231 determine the vehicles to be covered, taking into consideration:
232232 (1) range;
233233 (2) specialty uses;
234234 (3) fuel availability;
235235 (4) vehicle manufacturing and conversion capability;
236236 (5) safety;
237237 (6) resale values; and
238238 (7) other relevant factors.
239239 Sec. 2158.007. COMPLIANCE WITH APPLICABLE SAFETY
240240 STANDARDS. In purchasing, leasing, maintaining, or converting
241241 vehicles for use with compressed natural gas, liquefied natural
242242 gas, liquefied petroleum gas, methanol or methanol/gasoline blends
243243 of 85 percent or greater, ethanol or ethanol/gasoline blends of 85
244244 percent or greater, biodiesel or biodiesel/diesel blends of 20
245245 percent or greater, or electricity, including electricity to power
246246 a plug-in hybrid motor vehicle, the commission shall comply with
247247 all applicable safety standards adopted by the United States
248248 Department of Transportation and the Railroad Commission of Texas.
249249 Sec. 2158.008. WHEN VEHICLE CONSIDERED TO BE [CAPABLE OF]
250250 USING ALTERNATIVE FUELS. In this subchapter, a vehicle is
251251 considered to be [capable of] using compressed natural gas,
252252 liquefied natural gas, liquefied petroleum gas, methanol or
253253 methanol/gasoline blends of 85 percent or greater, ethanol or
254254 ethanol/gasoline blends of 85 percent or greater, biodiesel or
255255 biodiesel/diesel blends of 20 percent or greater, or electricity,
256256 including electricity to power a plug-in hybrid motor vehicle, if
257257 the vehicle uses [is capable of using] those fuels:
258258 (1) not less than 80 percent of the time the vehicle is
259259 driven; and
260260 (2) either in its original equipment engine or in an
261261 engine that has been converted to use those fuels.
262262 SECTION 6. Section 2158.009, Government Code, is amended by
263263 amending Subsection (b) and adding Subsection (d) to read as
264264 follows:
265265 (b) A state agency authorized to purchase passenger
266266 vehicles or other ground transportation vehicles for general use
267267 shall ensure that not less than 25 [10] percent of the vehicles the
268268 agency [its vehicle] purchases during any state fiscal biennium,
269269 other than vehicles the purchase of which is exempted from this
270270 subsection by Subsection (c) or (d), are [purchases of] vehicles
271271 that meet or exceed the emissions standards necessary to be rated by
272272 the United States Environmental Protection Agency as a Tier II, Bin
273273 3, emissions standard vehicle that has a greenhouse gas score of
274274 eight under regulations of that agency as they existed September 1,
275275 2007.
276276 (d) Subsection (b) does not apply to a state agency's
277277 purchase of a vehicle to be used by a peace officer, as defined by
278278 Article 2.12, Code of Criminal Procedure, whose duties include the
279279 apprehension of persons for violation of a criminal law of this
280280 state.
281281 SECTION 7. Section 2158.009(a), Government Code, is
282282 repealed.
283283 SECTION 8. This Act takes effect September 1, 2009.
284284 ______________________________ ______________________________
285285 President of the Senate Speaker of the House
286286 I certify that H.B. No. 432 was passed by the House on April
287287 22, 2009, by the following vote: Yeas 140, Nays 6, 1 present, not
288288 voting; that the House refused to concur in Senate amendments to
289289 H.B. No. 432 on May 29, 2009, and requested the appointment of a
290290 conference committee to consider the differences between the two
291291 houses; and that the House adopted the conference committee report
292292 on H.B. No. 432 on May 31, 2009, by the following vote: Yeas 109,
293293 Nays 36, 1 present, not voting.
294294 ______________________________
295295 Chief Clerk of the House
296296 I certify that H.B. No. 432 was passed by the Senate, with
297297 amendments, on May 27, 2009, by the following vote: Yeas 29, Nays
298298 2; at the request of the House, the Senate appointed a conference
299299 committee to consider the differences between the two houses; and
300300 that the Senate adopted the conference committee report on H.B. No.
301301 432 on May 31, 2009, by the following vote: Yeas 29, Nays 2.
302302 ______________________________
303303 Secretary of the Senate
304304 APPROVED: __________________
305305 Date
306306 __________________
307307 Governor