83R8398 JXC-F
By: Hilderbran H.B. No. 3110
A BILL TO BE ENTITLED
AN ACT
relating to the Texas Emissions Reduction Plan motor vehicle
purchase or lease incentive program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 386.152(b), Health and Safety Code, is
amended to read as follows:
(b) The program shall authorize statewide incentives for
the purchase or lease[, according to the schedule provided by
Section 386.153,] of new light-duty motor vehicles powered by
compressed natural gas, liquefied petroleum gas, or electric drives
[that are certified by the United States Environmental Protection
Agency to meet an emissions standard that is at least as stringent
as those provided by Section 386.153] for a purchaser or lessee who
agrees to register the vehicle in this state and to operate the
vehicle in this state for not less than 75 percent of the vehicle's
annual mileage.
SECTION 2. Section 386.153, Health and Safety Code, is
amended to read as follows:
Sec. 386.153. LIGHT-DUTY MOTOR VEHICLE PURCHASE OR LEASE
INCENTIVE REQUIREMENTS [SCHEDULE]. (a) A new light-duty motor
vehicle powered by compressed natural gas or liquefied petroleum
gas is eligible for a $2,500 incentive if the vehicle:
(1) has four wheels;
(2) was originally manufactured to comply with and has
been certified by an original equipment manufacturer or
intermediate or final state vehicle manufacturer as complying with,
or has been altered to comply with, federal motor vehicle safety
standards, state emissions regulations, and any additional state
regulations applicable to vehicles powered by compressed natural
gas or liquefied petroleum gas;
(3) was manufactured for use primarily on public
streets, roads, and highways;
(4) is rated at not more than 9,600 pounds unloaded
gross vehicle weight;
(5) has a dedicated or bi-fuel compressed natural gas
or liquefied petroleum gas fuel system with a range of at least 125
miles as estimated, published, and updated by the United States
Environmental Protection Agency;
(6) has, as applicable, a:
(A) compressed natural gas fuel system that
complies with the:
(i) 2013 NFPA 52 Gaseous Fuel Vehicular
Systems Code; and
(ii) American National Standard for Basic
Requirements for Compressed Natural Gas Vehicle (NGV) Fuel
Containers, commonly cited as "ANSI/CSA NGV2"; or
(B) liquefied petroleum gas fuel system that
complies with:
(i) the 2011 NFPA 58 Liquefied Petroleum
Gas Code; and
(ii) Section VII of the 2013 ASME Boiler and
Pressure Vessel Code; and
(7) was acquired on or after January 1, 2013, by the
person applying for the incentive under this subsection and for use
or lease by that person and not for resale.
(b) If the commission determines that an updated version of
a code or standard described by Subdivision (a)(6) is more
stringent than the version of the code or standard described by
Subdivision (a)(6), the commission by rule may provide that a
vehicle for which a person applies for an incentive under
Subsection (a) is eligible for the incentive only if the vehicle
complies with the updated version of the code or standard.
(b-1) The incentive under Subsection (a) is limited to 2,000
vehicles for the state fiscal biennium beginning September 1, 2013.
This subsection expires September 1, 2015.
(c) A new light-duty motor vehicle powered by electric drive
is eligible for a $2,500 incentive if the vehicle:
(1) has four wheels;
(2) was manufactured for use primarily on public
streets, roads, and highways;
(3) has not been modified from the original
manufacturer's specifications;
(4) is rated at not more than 8,500 pounds unloaded
gross vehicle weight;
(5) has a maximum speed capability of at least 55 miles
per hour;
(6) is propelled to a significant extent by an
electric motor that draws electricity from a battery that:
(A) has a capacity of not less than four kilowatt
hours; and
(B) is capable of being recharged from an
external source of electricity; and
(7) was acquired on or after January 1, 2013, by the
person applying for the incentive under this subsection and for use
or lease by that person and not for resale.
(d) The incentive under Subsection (c) is limited to 2,000
vehicles for the state fiscal biennium beginning September 1, 2013.
This subsection expires September 1, 2015. [A new light-duty motor
vehicle is eligible for an incentive according to the following
schedule:
[Incentive emissions standard and incentive amount
[Model year 2003-2007
[Bin 4 $1,250
[Bin 3 $2,225
[Bin 2 $3,750
[Bin 1 $5,000]
SECTION 3. Section 386.156(a), Health and Safety Code, is
amended to read as follows:
(a) On August 1 each year the commission shall publish and
provide to the comptroller a list of [the] new model motor vehicles
eligible for inclusion in an incentive under this subchapter [as
listed for the commission under Section 386.155]. The commission
shall publish and provide to the comptroller supplements to that
list as necessary to include additional new vehicle models [listed
in a supplement to the original list provided by a manufacturer
under Section 386.155].
SECTION 4. Section 386.158(a), Health and Safety Code, is
amended to read as follows:
(a) A person who purchases or leases a new light-duty motor
vehicle described by Section 386.153 and [that has been] listed
under Section 386.156(a) [386.155] is eligible to apply for an
incentive under this subchapter.
SECTION 5. Sections 386.151(1), 386.154, and 386.155,
Health and Safety Code, are repealed.
SECTION 6. This Act takes effect September 1, 2013.