81R2441 SMH-D
By: Ellis S.B. No. 132
A BILL TO BE ENTITLED
AN ACT
relating to a requirement that the manufacturer of a motor vehicle
affix a label on the vehicle containing information concerning the
vehicle's emissions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 382, Health and Safety Code, is amended
by adding Subchapter J to read as follows:
SUBCHAPTER J. VEHICLE EMISSIONS LABELS
Sec. 382.451. DEFINITIONS. In this subchapter:
(1) "Emissions of global warming gases" includes
emissions, as determined by the commission, from motor vehicle
operation and upstream emissions.
(2) "Global warming gases" includes carbon dioxide,
methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and
sulfur hexafluoride.
(3) "Motor vehicle" means a passenger car or
light-duty truck with a gross weight of 8,500 pounds or less.
(4) "Upstream emissions" means emissions of global
warming gases that occur during the extraction, refining,
transport, and local distribution of motor vehicle fuels as
determined by the commission.
Sec. 382.452. LABEL DISCLOSING AIR POLLUTION EMISSION
INFORMATION REQUIRED. (a) The commission by rule shall prohibit
the sale or registration in this state of a new motor vehicle to
which the manufacturer has not securely and conspicuously affixed
on a side window to the rear of the driver or, if it cannot be so
placed, to the windshield of the vehicle a label that clearly,
distinctly, and legibly discloses:
(1) the emission standards that are applicable to the
vehicle; and
(2) the information required by Section 382.453 and
any related air pollution emissions information specified by the
commission.
(b) In adopting rules under this section, the commission
shall consider the vehicle emissions labeling requirements adopted
by the State of California.
(c) A purchaser may remove a decal required by this section
after the purchaser has taken possession of the motor vehicle.
Sec. 382.453. FORMAT OF LABEL. (a) A label required by a
rule adopted under Section 382.452 must include:
(1) a smog index that:
(A) contains quantitative information that is
presented in a continuous, easy-to-read scale, unless the
commission determines, after conducting at least one public
workshop, that an alternative graphical representation will more
effectively convey the information to consumers, and that compares
the emissions from the motor vehicle with the average projected
emissions from all vehicles of the same model year sold in this
state for which a label is required; and
(B) identifies the emissions from the vehicle
model of that same model year that has the lowest smog-forming
emissions;
(2) a global warming index that:
(A) contains quantitative information that is
presented in a continuous, easy-to-read scale, unless the
commission determines, after conducting at least one public
workshop, that an alternative graphical representation will more
effectively convey the information to consumers, and that compares
the emissions of global warming gases from the vehicle with the
average projected emissions of global warming gases from all
vehicles of the same model year sold in this state for which a label
is required; and
(B) identifies the emissions of global warming
gases from the vehicle model of that same model year that has the
lowest emissions of global warming gases; and
(3) a brief explanation, prepared by the commission,
of the indexes required by this section, including the
identification of motor vehicle usage as a primary cause of global
warming, and of how emissions of gases from motor vehicles may be
reduced.
(b) The label must use at least one color of ink, as
determined by the commission, in addition to black.
(c) To ensure that the label is useful and informative to
consumers, the commission, to the extent feasible considering its
resources, in designing the label must:
(1) seek input from automotive consumers, graphic
design professionals, and persons with expertise in environmental
labeling; and
(2) consider other relevant label formats consistent
with Subsections (a) and (b).
(d) The indexes included in the label must be updated as
determined necessary by the commission to ensure that the
differences in emissions among motor vehicles are readily apparent
to the consumer.
Sec. 382.454. RECOMMENDATIONS REGARDING ADDITIONAL SOURCES
OF AIR POLLUTION FOR WHICH DISCLOSURE OF INFORMATION WOULD BE
EDUCATIONAL. The commission, in consultation with other agencies
as appropriate, may recommend to the legislature additional sources
of air pollution that emit significant amounts of global warming
gases for which the disclosure of information regarding those
emissions would be an effective means of educating the public about
the sources of global warming and its effects.
Sec. 382.455. INCORPORATION OF INFORMATION FROM LABEL INTO
EXISTING EDUCATIONAL PROGRAMS. The commission shall, as it
determines appropriate and to the extent feasible considering its
resources, incorporate information from a label required by a rule
adopted under Section 382.452 into commission programs designed to
educate motor vehicle consumers about emissions of global warming
gases and other air pollutants.
Sec. 382.456. FUNDING. (a) The commission may accept a
donation or grant of money from any person to implement this
subchapter.
(b) The commission shall disclose the source of any money
received under this section at a public hearing or workshop held to
implement this subchapter.
(c) The commission shall deposit money received under this
section to the credit of the air control account.
(d) Money received under this section may be appropriated
only for a specific purpose consistent with the goals of this
subchapter.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.