Texas 2009 - 81st Regular

Texas Senate Bill SB132 Compare Versions

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

Old	New	Differences
1	1	81R2441 SMH-D
2	2	By: Ellis S.B. No. 132
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a requirement that the manufacturer of a motor vehicle
8	8	affix a label on the vehicle containing information concerning the
9	9	vehicle's emissions.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 382, Health and Safety Code, is amended
12	12	by adding Subchapter J to read as follows:
13	13	SUBCHAPTER J. VEHICLE EMISSIONS LABELS
14	14	Sec. 382.451. DEFINITIONS. In this subchapter:
15	15	(1) "Emissions of global warming gases" includes
16	16	emissions, as determined by the commission, from motor vehicle
17	17	operation and upstream emissions.
18	18	(2) "Global warming gases" includes carbon dioxide,
19	19	methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and
20	20	sulfur hexafluoride.
21	21	(3) "Motor vehicle" means a passenger car or
22	22	light-duty truck with a gross weight of 8,500 pounds or less.
23	23	(4) "Upstream emissions" means emissions of global
24	24	warming gases that occur during the extraction, refining,
25	25	transport, and local distribution of motor vehicle fuels as
26	26	determined by the commission.
27	27	Sec. 382.452. LABEL DISCLOSING AIR POLLUTION EMISSION
28	28	INFORMATION REQUIRED. (a) The commission by rule shall prohibit
29	29	the sale or registration in this state of a new motor vehicle to
30	30	which the manufacturer has not securely and conspicuously affixed
31	31	on a side window to the rear of the driver or, if it cannot be so
32	32	placed, to the windshield of the vehicle a label that clearly,
33	33	distinctly, and legibly discloses:
34	34	(1) the emission standards that are applicable to the
35	35	vehicle; and
36	36	(2) the information required by Section 382.453 and
37	37	any related air pollution emissions information specified by the
38	38	commission.
39	39	(b) In adopting rules under this section, the commission
40	40	shall consider the vehicle emissions labeling requirements adopted
41	41	by the State of California.
42	42	(c) A purchaser may remove a decal required by this section
43	43	after the purchaser has taken possession of the motor vehicle.
44	44	Sec. 382.453. FORMAT OF LABEL. (a) A label required by a
45	45	rule adopted under Section 382.452 must include:
46	46	(1) a smog index that:
47	47	(A) contains quantitative information that is
48	48	presented in a continuous, easy-to-read scale, unless the
49	49	commission determines, after conducting at least one public
50	50	workshop, that an alternative graphical representation will more
51	51	effectively convey the information to consumers, and that compares
52	52	the emissions from the motor vehicle with the average projected
53	53	emissions from all vehicles of the same model year sold in this
54	54	state for which a label is required; and
55	55	(B) identifies the emissions from the vehicle
56	56	model of that same model year that has the lowest smog-forming
57	57	emissions;
58	58	(2) a global warming index that:
59	59	(A) contains quantitative information that is
60	60	presented in a continuous, easy-to-read scale, unless the
61	61	commission determines, after conducting at least one public
62	62	workshop, that an alternative graphical representation will more
63	63	effectively convey the information to consumers, and that compares
64	64	the emissions of global warming gases from the vehicle with the
65	65	average projected emissions of global warming gases from all
66	66	vehicles of the same model year sold in this state for which a label
67	67	is required; and
68	68	(B) identifies the emissions of global warming
69	69	gases from the vehicle model of that same model year that has the
70	70	lowest emissions of global warming gases; and
71	71	(3) a brief explanation, prepared by the commission,
72	72	of the indexes required by this section, including the
73	73	identification of motor vehicle usage as a primary cause of global
74	74	warming, and of how emissions of gases from motor vehicles may be
75	75	reduced.
76	76	(b) The label must use at least one color of ink, as
77	77	determined by the commission, in addition to black.
78	78	(c) To ensure that the label is useful and informative to
79	79	consumers, the commission, to the extent feasible considering its
80	80	resources, in designing the label must:
81	81	(1) seek input from automotive consumers, graphic
82	82	design professionals, and persons with expertise in environmental
83	83	labeling; and
84	84	(2) consider other relevant label formats consistent
85	85	with Subsections (a) and (b).
86	86	(d) The indexes included in the label must be updated as
87	87	determined necessary by the commission to ensure that the
88	88	differences in emissions among motor vehicles are readily apparent
89	89	to the consumer.
90	90	Sec. 382.454. RECOMMENDATIONS REGARDING ADDITIONAL SOURCES
91	91	OF AIR POLLUTION FOR WHICH DISCLOSURE OF INFORMATION WOULD BE
92	92	EDUCATIONAL. The commission, in consultation with other agencies
93	93	as appropriate, may recommend to the legislature additional sources
94	94	of air pollution that emit significant amounts of global warming
95	95	gases for which the disclosure of information regarding those
96	96	emissions would be an effective means of educating the public about
97	97	the sources of global warming and its effects.
98	98	Sec. 382.455. INCORPORATION OF INFORMATION FROM LABEL INTO
99	99	EXISTING EDUCATIONAL PROGRAMS. The commission shall, as it
100	100	determines appropriate and to the extent feasible considering its
101	101	resources, incorporate information from a label required by a rule
102	102	adopted under Section 382.452 into commission programs designed to
103	103	educate motor vehicle consumers about emissions of global warming
104	104	gases and other air pollutants.
105	105	Sec. 382.456. FUNDING. (a) The commission may accept a
106	106	donation or grant of money from any person to implement this
107	107	subchapter.
108	108	(b) The commission shall disclose the source of any money
109	109	received under this section at a public hearing or workshop held to
110	110	implement this subchapter.
111	111	(c) The commission shall deposit money received under this
112	112	section to the credit of the air control account.
113	113	(d) Money received under this section may be appropriated
114	114	only for a specific purpose consistent with the goals of this
115	115	subchapter.
116	116	SECTION 2. This Act takes effect immediately if it receives
117	117	a vote of two-thirds of all the members elected to each house, as
118	118	provided by Section 39, Article III, Texas Constitution. If this
119	119	Act does not receive the vote necessary for immediate effect, this
120	120	Act takes effect September 1, 2009.