| 1 | 1 | | 81R167 SMH-D |
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| 2 | 2 | | By: Ellis S.B. No. 119 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the implementation by the Texas Commission on |
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| 8 | 8 | | Environmental Quality of a low-emission vehicle program. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. This Act may be cited as the Low-Emission Vehicle |
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| 11 | 11 | | Act. |
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| 12 | 12 | | SECTION 2. The legislature finds that: |
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| 13 | 13 | | (1) air pollution from motor vehicles is dangerous to |
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| 14 | 14 | | the health of the residents of this state; |
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| 15 | 15 | | (2) motor vehicles are a major source of pollution in |
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| 16 | 16 | | this state and contribute to the emission of greenhouse gases that |
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| 17 | 17 | | cause worldwide climate change; and |
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| 18 | 18 | | (3) technology can significantly reduce dangerous |
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| 19 | 19 | | emissions from motor vehicles. |
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| 20 | 20 | | SECTION 3. This Act is intended to protect the health and |
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| 21 | 21 | | safety of the residents of this state. |
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| 22 | 22 | | SECTION 4. Subchapter B, Chapter 382, Health and Safety |
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| 23 | 23 | | Code, is amended by adding Section 382.0192 to read as follows: |
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| 24 | 24 | | Sec. 382.0192. LOW-EMISSION VEHICLE PROGRAM. (a) In this |
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| 25 | 25 | | section, "California Low-Emission Vehicle program" means the |
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| 26 | 26 | | low-emission vehicle program being implemented in California |
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| 27 | 27 | | pursuant to the provisions of the federal Clean Air Act (42 U.S.C. |
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| 28 | 28 | | Section 7401 et seq.) and the California Code of Regulations. |
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| 29 | 29 | | (b) The commission shall implement a low-emission vehicle |
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| 30 | 30 | | program that is consistent with the California Low-Emission Vehicle |
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| 31 | 31 | | program. The program applies only to motor vehicles with a model |
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| 32 | 32 | | year of 2012 or later. |
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| 33 | 33 | | (c) The commission shall adopt rules as necessary to |
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| 34 | 34 | | implement this section in a manner that maintains consistency with |
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| 35 | 35 | | the California Low-Emission Vehicle program. |
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| 36 | 36 | | (d) Notwithstanding Subsections (b) and (c), if after the |
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| 37 | 37 | | effective date of the law enacting this section California adopts |
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| 38 | 38 | | standards relating to the control of emissions from new motor |
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| 39 | 39 | | vehicles or new motor vehicle engines that are inconsistent with |
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| 40 | 40 | | the California Low-Emission Vehicle program as that program existed |
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| 41 | 41 | | on the effective date of the law enacting this section or if after |
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| 42 | 42 | | that date the federal standards relating to the control of |
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| 43 | 43 | | emissions from new motor vehicles or new motor vehicle engines are |
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| 44 | 44 | | amended, the commission may adopt the federal standards if the |
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| 45 | 45 | | commission determines that the federal standards provide a more |
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| 46 | 46 | | cost-effective method of achieving any reductions in emissions of |
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| 47 | 47 | | air contaminants required by state or federal law. |
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| 48 | 48 | | SECTION 5. This Act takes effect immediately if it receives |
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| 49 | 49 | | a vote of two-thirds of all the members elected to each house, as |
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| 50 | 50 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 51 | 51 | | Act does not receive the vote necessary for immediate effect, this |
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| 52 | 52 | | Act takes effect September 1, 2009. |
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