Texas 2013 - 83rd Regular

Texas House Bill HB1115 Compare Versions

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1	1	83R19708 JAM-F
2	2	By: Raney, Pitts, Kacal, Cook, et al. H.B. No. 1115
3	3	Substitute the following for H.B. No. 1115:
4	4	By: Isaac C.S.H.B. No. 1115
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the eligibility for grants for natural gas fueling
10	10	stations under the Texas natural gas vehicle grant program.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 394.005(c), Health and Safety Code, as
13	13	added by Chapter 892 (S.B. 385), Acts of the 82nd Legislature,
14	14	Regular Session, 2011, is amended to read as follows:
15	15	(c) As a condition of receiving a grant, the qualifying
16	16	vehicle must be continuously owned, leased, or otherwise
17	17	commercially financed and registered and operated in the state by
18	18	the grant recipient until the earlier of the fourth anniversary of
19	19	the date of reimbursement of the grant-funded expenses or until the
20	20	date the vehicle has been in operation for 400,000 miles after the
21	21	date of reimbursement. Not less than 75 percent of the annual use
22	22	of the qualifying vehicle, either mileage or fuel use as determined
23	23	by the commission, must occur in:
24	24	(1) the counties any part of which are included in the
25	25	area described by Section 394.010(a-1) [394.010(a)]; or
26	26	(2) counties designated as nonattainment areas within
27	27	the meaning of Section 107(d) of the federal Clean Air Act (42
28	28	U.S.C. Section 7407).
29	29	SECTION 2. Section 394.010, Health and Safety Code, is
30	30	amended by amending Subsections (a) and (d) and adding Subsections
31	31	(a-1), (a-2), (h), and (i) to read as follows:
32	32	(a) In this section:
33	33	(1) "State highway system" means the highways in this
34	34	state included in the plan providing for a system of state highways
35	35	prepared by the executive director of the Texas Department of
36	36	Transportation under Section 201.103, Transportation Code.
37	37	(2) "United States highway" means a highway designated
38	38	as part of the United States highway system by the American
39	39	Association of State Highways and Transportation Officials.
40	40	(a-1) To ensure that natural gas vehicles purchased,
41	41	leased, or otherwise commercially financed or repowered under the
42	42	program have access to fuel, and to build the foundation for a
43	43	self-sustaining market for natural gas vehicles in Texas, the
44	44	commission shall award grants to support the development of a
45	45	network of natural gas vehicle fueling stations:
46	46	(1) along the interstate highways connecting Houston,
47	47	San Antonio, Dallas, and Fort Worth; and
48	48	(2) along the state highway system or a United States
49	49	highway in counties contained wholly or partly in the triangular
50	50	area described by Subdivision (1).
51	51	(a-2) In awarding the grants, the commission shall provide
52	52	for:
53	53	(1) strategically placed natural gas vehicle fueling
54	54	stations in and between the Houston, San Antonio, and Dallas-Fort
55	55	Worth areas to enable a natural gas vehicle to travel in [along]
56	56	that triangular area relying solely on natural gas fuel;
57	57	(2) grants to be dispersed through a competitive
58	58	bidding process to offset a portion of the cost of installation of
59	59	the natural gas dispensing equipment;
60	60	(3) contracts that require the recipient stations to
61	61	meet operational, maintenance, and reporting requirements as
62	62	specified by the commission; and
63	63	(4) a listing, to be maintained by the commission and
64	64	made available to the public online, of all natural gas vehicle
65	65	fueling stations that have received grant funding, including
66	66	location and hours of operation.
67	67	(d) Stations funded by grants under this section must be
68	68	publicly accessible and located not more than three miles from a
69	69	highway designated as part of the state highway system, a United
70	70	States highway, or an interstate highway system. The commission
71	71	shall give preference to:
72	72	(1) stations providing both liquefied natural gas and
73	73	compressed natural gas at a single location; and
74	74	(2) stations located not more than one mile from a
75	75	highway designated as part of:
76	76	(A) the state highway system;
77	77	(B) a United States highway; or
78	78	(C) an interstate highway system.
79	79	(h) An application for a grant under this section must
80	80	contain a certification that the applicant is in compliance with
81	81	all laws, rules, and requirements regarding taxation of fuel
82	82	provided by the applicant at any fueling facility owned or operated
83	83	by the applicant existing at the time the application was filed.
84	84	(i) The commission may terminate a grant awarded under this
85	85	section without further obligation to the grant recipient if the
86	86	commission determines that the recipient was not in compliance with
87	87	a law, rule, or requirement described by Subsection (h) at the time
88	88	of application. This subsection does not create a cause of action
89	89	to contest an application or award of a grant.
90	90	SECTION 3. Chapter 393, Health and Safety Code, as added by
91	91	Chapter 589 (S.B. 20), Acts of the 82nd Legislature, Regular
92	92	Session, 2011, is repealed.
93	93	SECTION 4. This Act takes effect September 1, 2013.