84R13375 DDT-D
By: Isaac H.B. No. 3835
A BILL TO BE ENTITLED
AN ACT
relating to the use of certain alternative fuels by state agency
motor vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2158.003(a), Government Code, is amended
to read as follows:
(a) A state agency may not purchase or lease a vehicle
designed or used primarily for the transportation of individuals,
including a station wagon, that has a wheelbase longer than 113
inches or that has more than 160 SAE net horsepower. The vehicle
may have a wheelbase of up to 116 inches or SAE net horsepower of up
to 280 if the vehicle will be converted so that it uses compressed
natural gas, liquefied natural gas, liquefied petroleum gas,
methanol or methanol/gasoline blends of 85 percent or greater,
[ethanol or ethanol/gasoline blends of 85 percent or greater,
biodiesel or biodiesel/diesel blends of 20 percent or greater,] or
electricity, including electricity to power a plug-in hybrid motor
vehicle. This exception to the wheelbase and horsepower limitations
applies to a state agency regardless of the size of the agency's
vehicle fleet.
SECTION 2. Sections 2158.004(a), (b), (c), and (d),
Government Code, are amended to read as follows:
(a) A state agency operating a fleet of more than 15
vehicles, excluding law enforcement and emergency vehicles, may not
purchase or lease a motor vehicle unless that vehicle uses
compressed natural gas, liquefied natural gas, liquefied petroleum
gas, methanol or methanol/gasoline blends of 85 percent or greater,
[ethanol or ethanol/gasoline blends of 85 percent or greater,]
biodiesel or biodiesel/diesel blends of 20 percent or greater, or
electricity, including electricity to power a plug-in hybrid motor
vehicle.
(b) A state agency may obtain equipment or refueling
facilities necessary to operate vehicles using compressed natural
gas, liquefied natural gas, liquefied petroleum gas, methanol or
methanol/gasoline blends of 85 percent or greater, [ethanol or
ethanol/gasoline blends of 85 percent or greater,] biodiesel or
biodiesel/diesel blends of 20 percent or greater, or electricity,
including electricity to power a plug-in hybrid motor vehicle:
(1) by purchase or lease as authorized by law;
(2) by gift or loan of the equipment or facilities; or
(3) by gift or loan of the equipment or facilities or
by another arrangement under a service contract for the supply of
compressed natural gas, liquefied natural gas, liquefied petroleum
gas, methanol or methanol/gasoline blends of 85 percent or greater,
[ethanol or ethanol/gasoline blends of 85 percent or greater,]
biodiesel or biodiesel/diesel blends of 20 percent or greater, or
electricity, including electricity to power a plug-in hybrid motor
vehicle.
(c) If the equipment or facilities are donated, loaned, or
provided through another arrangement with the supplier of
compressed natural gas, liquefied natural gas, liquefied petroleum
gas, methanol or methanol/gasoline blends of 85 percent or greater,
[ethanol or ethanol/gasoline blends of 85 percent or greater,]
biodiesel or biodiesel/diesel blends of 20 percent or greater, or
electricity, including electricity to power a plug-in hybrid motor
vehicle, the supplier is entitled to recoup its actual cost of
donating, loaning, or providing the equipment or facilities through
its fuel charges under the supply contract.
(d) The commission may waive the requirements of this
section for a state agency on receipt of certification supported by
evidence acceptable to the commission that:
(1) the agency's vehicles will be operating primarily
in an area in which neither the agency nor a supplier has or can
reasonably be expected to establish adequate refueling for
compressed natural gas, liquefied natural gas, liquefied petroleum
gas, methanol or methanol/gasoline blends of 85 percent or greater,
[ethanol or ethanol/gasoline blends of 85 percent or greater,]
biodiesel or biodiesel/diesel blends of 20 percent or greater, or
electricity, including electricity to power a plug-in hybrid motor
vehicle; or
(2) the agency is unable to obtain equipment or
refueling facilities necessary to operate vehicles using
compressed natural gas, liquefied natural gas, liquefied petroleum
gas, methanol or methanol/gasoline blends of 85 percent or greater,
[ethanol or ethanol/gasoline blends of 85 percent or greater,]
biodiesel or biodiesel/diesel blends of 20 percent or greater, or
electricity, including electricity to power a plug-in hybrid motor
vehicle, at a projected cost that is reasonably expected to be no
greater than the net costs of continued use of conventional
gasoline or diesel fuels, measured over the expected useful life of
the equipment or facilities supplied.
SECTION 3. Sections 2158.005(a), (b), and (c), Government
Code, are amended to read as follows:
(a) Not later than September 30, 2025 [2010], a state agency
that operates a fleet of more than 15 motor vehicles, excluding law
enforcement and emergency vehicles, shall have a fleet consisting
of vehicles of which at least 50 percent use compressed natural gas,
liquefied natural gas, liquefied petroleum gas, [methanol or
methanol/gasoline blends of 85 percent or greater, ethanol or
ethanol/gasoline blends of 85 percent or greater, biodiesel or
biodiesel/diesel blends of 20 percent or greater,] or electricity,
including electricity to power a plug-in hybrid motor vehicle.
(b) The Texas Commission on Environmental Quality shall
collect reasonable information needed to determine the air quality
benefits from use of compressed natural gas, liquefied natural gas,
liquefied petroleum gas, methanol or methanol/gasoline blends of 85
percent or greater, [ethanol or ethanol/gasoline blends of 85
percent or greater,] biodiesel or biodiesel/diesel blends of 20
percent or greater, or electricity, including electricity to power
a plug-in hybrid motor vehicle, at affected agencies.
(c) A state agency in its annual financial report to the
legislature shall report its progress in achieving the percentage
requirements of this section by:
(1) itemizing purchases, leases, and conversions of
motor vehicles;
(2) itemizing usage of compressed natural gas,
liquefied natural gas, liquefied petroleum gas, methanol or
methanol/gasoline blends of 85 percent or greater, [ethanol or
ethanol/gasoline blends of 85 percent or greater, biodiesel or
biodiesel/diesel blends of 20 percent or greater,] or electricity,
including electricity to power a plug-in hybrid motor vehicle; and
(3) describing the availability of compressed natural
gas, liquefied natural gas, liquefied petroleum gas, methanol or
methanol/gasoline blends of 85 percent or greater, [ethanol or
ethanol/gasoline blends of 85 percent or greater,] biodiesel or
biodiesel/diesel blends of 20 percent or greater, or electricity,
including electricity to power a plug-in hybrid motor vehicle[; and
[(4) providing the information reasonably needed to
determine the air quality benefits from use of compressed natural
gas, liquefied natural gas, liquefied petroleum gas, methanol or
methanol/gasoline blends of 85 percent or greater, ethanol or
ethanol/gasoline blends of 85 percent or greater, biodiesel or
biodiesel/diesel blends of 20 percent or greater, or electricity,
including electricity to power a plug-in hybrid motor vehicle].
SECTION 4. Section 2158.006, Government Code, is amended to
read as follows:
Sec. 2158.006. DETERMINATION OF ALTERNATIVE FUELS PROGRAM
PARAMETERS. In developing the use of compressed natural gas,
liquefied natural gas, liquefied petroleum gas, methanol or
methanol/gasoline blends of 85 percent or greater, [ethanol or
ethanol/gasoline blends of 85 percent or greater,] biodiesel or
biodiesel/diesel blends of 20 percent or greater, or electricity,
including electricity to power a plug-in hybrid motor vehicle, the
commission should work with state agency fleet operators, vehicle
manufacturers and converters, fuel distributors, and others to
determine the vehicles to be covered, taking into consideration:
(1) range;
(2) specialty uses;
(3) fuel availability;
(4) vehicle manufacturing and conversion capability;
(5) safety;
(6) resale values; and
(7) other relevant factors.
SECTION 5. Section 2158.007, Government Code, is amended to
read as follows:
Sec. 2158.007. COMPLIANCE WITH APPLICABLE SAFETY
STANDARDS. In purchasing, leasing, maintaining, or converting
vehicles for use with compressed natural gas, liquefied natural
gas, liquefied petroleum gas, methanol or methanol/gasoline blends
of 85 percent or greater, [ethanol or ethanol/gasoline blends of 85
percent or greater,] biodiesel or biodiesel/diesel blends of 20
percent or greater, or electricity, including electricity to power
a plug-in hybrid motor vehicle, the commission shall comply with
all applicable safety standards adopted by the United States
Department of Transportation and the Railroad Commission of Texas.
SECTION 6. Section 2158.008, Government Code, is amended to
read as follows:
Sec. 2158.008. WHEN VEHICLE CONSIDERED TO BE USING
ALTERNATIVE FUELS. In this subchapter, a vehicle is considered to
be using compressed natural gas, liquefied natural gas, liquefied
petroleum gas, [methanol or methanol/gasoline blends of 85 percent
or greater, ethanol or ethanol/gasoline blends of 85 percent or
greater, biodiesel or biodiesel/diesel blends of 20 percent or
greater,] or electricity, including electricity to power a plug-in
hybrid motor vehicle, if the vehicle uses those fuels:
(1) not less than 80 percent of the time the vehicle is
driven; and
(2) either in its original equipment engine or in an
engine that has been converted to use those fuels.
SECTION 7. Subchapter A, Chapter 2158, Government Code, is
amended by adding Section 2158.010 to read as follows:
Sec. 2158.010. PURCHASE OR LEASE OF CERTAIN VEHICLES
PROHIBITED. A state agency may not purchase or lease a vehicle that
uses ethanol or ethanol/gasoline blends of 85 percent or greater.
SECTION 8. Section 2171.103, Government Code, is amended by
adding Subsection (c) to read as follows:
(c) In this section, "alternative fuel" does not include
methanol or methanol/gasoline blends of 85 percent or greater,
ethanol or ethanol/gasoline blends of 85 percent or greater, or
biodiesel or biodiesel/diesel blends of 20 percent or greater.
SECTION 9. Section 2158.005(e), Government Code, is
repealed.
SECTION 10. This Act takes effect September 1, 2015.