Texas 2011 - 82nd Regular

Texas House Bill HB3399 Compare Versions

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1	1	By: Legler, et al. (Senate Sponsor - Williams) H.B. No. 3399
2	2	(In the Senate - Received from the House May 12, 2011;
3	3	May 12, 2011, read first time and referred to Committee on Natural
4	4	Resources; May 18, 2011, reported favorably by the following vote:
5	5	Yeas 8, Nays 0; May 18, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the requirements for grant programs funded through the
11	11	Texas emissions reduction plan.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 386.104, Health and Safety Code, is
14	14	amended by adding Subsections (i), (j), (k), (l), and (m) to read as
15	15	follows:
16	16	(i) If the commission determines that a heavy-duty motor
17	17	vehicle or engine under this chapter must be decommissioned, the
18	18	commission shall require the decommissioning to be carried out by
19	19	crushing the vehicle, by making a hole in the engine block and
20	20	permanently destroying the frame of the vehicle, or by another
21	21	method approved by the commission that permanently removes the
22	22	vehicle from operation in this state. The commission shall provide
23	23	a means for an applicant to propose an alternative method for
24	24	complying with the requirements of this subsection. The commission
25	25	shall enforce the requirements of this subsection.
26	26	(j) The executive director shall waive any eligibility
27	27	requirements established under this section on a finding of good
28	28	cause, which may include a waiver for short lapses in registration
29	29	or operation attributable to economic conditions, seasonal work, or
30	30	other circumstances.
31	31	(k) The commission shall consider an application under this
32	32	chapter for the replacement of a vehicle that has been owned,
33	33	leased, or otherwise commercially financed by the applicant. If
34	34	the commission determines that a heavy-duty motor vehicle or engine
35	35	that is leased or otherwise commercially financed must be
36	36	decommissioned, the commission shall ensure that the applicant has
37	37	a legal right to decommission the vehicle or engine before awarding
38	38	a grant to the applicant.
39	39	(l) The commission shall consider an application for a
40	40	vehicle replacement or a fleet expansion for a project with an
41	41	activity life of five years or more, or 400,000 miles, whichever is
42	42	earlier.
43	43	(m) The commission shall provide a form that minimizes, to
44	44	the maximum extent possible, the amount of paperwork required.
45	45	SECTION 2. Section 391.002, Health and Safety Code, as
46	46	added by Chapter 1232 (S.B. 1759), Acts of the 81st Legislature,
47	47	Regular Session, 2009, is amended by amending Subsection (b) and
48	48	adding Subsection (c) to read as follows:
49	49	(b) An entity that places 20 [25] or more qualifying
50	50	vehicles in service for use entirely in this state during a calendar
51	51	year is eligible to participate in the program.
52	52	(c) Notwithstanding Subsection (b), an entity that submits
53	53	a grant application for 20 or more qualifying vehicles is eligible
54	54	to participate in the program even if the commission denies
55	55	approval for one or more of the vehicles during the application
56	56	process.
57	57	SECTION 3. Section 391.004, Health and Safety Code, as
58	58	added by Chapter 1232 (S.B. 1759), Acts of the 81st Legislature,
59	59	Regular Session, 2009, is amended by amending Subsection (a) and
60	60	adding Subsection (d) to read as follows:
61	61	(a) An entity operating in this state that operates a fleet
62	62	of at least 75 [100] vehicles may apply for and receive a grant
63	63	under the program.
64	64	(d) The commission shall minimize, to the maximum extent
65	65	possible, the amount of paperwork required for an application. An
66	66	applicant may be required to submit a photograph or other
67	67	documentation of a vehicle identification number, registration
68	68	information, inspection information, tire condition, or engine
69	69	block identification only if the photograph or documentation is
70	70	requested by the commission after the commission has decided to
71	71	award a grant to the applicant under this chapter.
72	72	SECTION 4. Section 391.005, Health and Safety Code, as
73	73	added by Chapter 1232 (S.B. 1759), Acts of the 81st Legislature,
74	74	Regular Session, 2009, is amended by amending Subsections (b), (c),
75	75	(d), and (f) and adding Subsection (i) to read as follows:
76	76	(b) To be eligible for a grant under the program, a project
77	77	must:
78	78	(1) result in a reduction in emissions of nitrogen
79	79	oxides or other pollutants, as established by the commission, of at
80	80	least 25 percent, based on:
81	81	(A) the baseline emission level set by the
82	82	commission under Subsection (g); and
83	83	(B) the certified emission rate of the new
84	84	vehicle; and
85	85	(2) replace a vehicle that:
86	86	(A) is an on-road vehicle that has been owned,
87	87	leased, or otherwise commercially financed and registered[,] and
88	88	operated by the applicant in Texas for at least the two years
89	89	immediately preceding the submission of a grant application;
90	90	(B) satisfies any minimum average annual mileage
91	91	or fuel usage requirements established by the commission;
92	92	(C) satisfies any minimum percentage of annual
93	93	usage requirements established by the commission; and
94	94	(D) is in operating condition and has at least
95	95	two years of remaining useful life, as determined in accordance
96	96	with criteria established by the commission.
97	97	(c) As a condition of receiving a grant, the qualifying
98	98	vehicle must be continuously owned, registered, and operated in the
99	99	state by the grant recipient until the earlier of the fifth
100	100	anniversary of [for at least five years from] the date of
101	101	reimbursement of the grant-funded expenses or until the date the
102	102	vehicle has been in operation for 400,000 miles after the date of
103	103	reimbursement. Not less than 75 percent of the annual use of the
104	104	qualifying vehicle, either mileage or fuel use as determined by the
105	105	commission, must occur in the state.
106	106	(d) The commission shall include and enforce the usage
107	107	provisions in the grant contracts. The commission shall monitor
108	108	compliance with the contract [ownership and usage] requirements,
109	109	including submission of reports on at least an annual basis, or more
110	110	frequently as determined by the commission.
111	111	(f) A vehicle or engine replaced under this program must be
112	112	rendered permanently inoperable by crushing the vehicle, by [or]
113	113	making a hole in the engine block and permanently destroying the
114	114	frame of the vehicle, or by another method approved by the
115	115	commission that permanently removes the vehicle from operation in
116	116	this state. The commission shall provide a means for an applicant
117	117	to propose an alternative method of complying with the requirements
118	118	of this subsection. [The commission shall establish criteria for
119	119	ensuring the permanent destruction of the engine and vehicle.] The
120	120	commission shall [monitor and] enforce the [destruction]
121	121	requirements of this subsection.
122	122	(i) The executive director shall waive the requirements of
123	123	Subsection (b)(2)(A) on a finding of good cause, which may include a
124	124	waiver for short lapses in registration or operation attributable
125	125	to economic conditions, seasonal work, or other circumstances.
126	126	SECTION 5. Sections 386.104, 391.002, 391.004, and 391.005,
127	127	Health and Safety Code, as amended by this Act, apply only to a
128	128	grant application submitted to the Texas Commission on
129	129	Environmental Quality on or after the effective date of this Act. A
130	130	grant application submitted to the Texas Commission on
131	131	Environmental Quality before the effective date of this Act is
132	132	governed by the law in effect on the date the application was
133	133	submitted, and the former law is continued in effect for that
134	134	purpose.
135	135	SECTION 6. This Act takes effect September 1, 2011.
136	136	* * * * *