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1 | - | By: Uresti, Menéndez S.B. No. 12 | |
2 | - | (In the Senate - Filed March 12, 2015; March 16, 2015, read | |
3 | - | first time and referred to Committee on Natural Resources and | |
4 | - | Economic Development; April 7, 2015, reported adversely, with | |
5 | - | favorable Committee Substitute by the following vote: Yeas 9, | |
6 | - | Nays 0; April 7, 2015, sent to printer.) | |
7 | - | Click here to see the committee vote | |
8 | - | COMMITTEE SUBSTITUTE FOR S.B. No. 12 By: Uresti | |
1 | + | 84R29696 DDT-F | |
2 | + | By: Uresti, et al. S.B. No. 12 | |
3 | + | (Landgraf, Isaac, Meyer, Darby, Craddick, et al.) | |
4 | + | Substitute the following for S.B. No. 12: No. | |
9 | 5 | ||
10 | 6 | ||
11 | 7 | A BILL TO BE ENTITLED | |
12 | 8 | AN ACT | |
13 | 9 | relating to alternative fuel fleets of certain governmental | |
14 | 10 | entities, including funding for motor vehicles, infrastructure, | |
15 | 11 | and equipment. | |
16 | 12 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
17 | - | SECTION 1. Subchapter A, Chapter 2158, Government Code, is | |
13 | + | SECTION 1. Sections 2158.004(a), (b), (c), and (d), | |
14 | + | Government Code, are amended to read as follows: | |
15 | + | (a) A state agency operating a fleet of more than 15 | |
16 | + | vehicles, excluding law enforcement and emergency vehicles, may not | |
17 | + | purchase or lease a motor vehicle unless that vehicle uses | |
18 | + | compressed natural gas, liquefied natural gas, liquefied petroleum | |
19 | + | gas, methanol or methanol/gasoline blends of 85 percent or greater, | |
20 | + | ethanol or ethanol/gasoline blends of 85 percent or greater, | |
21 | + | biodiesel or biodiesel/diesel blends of 20 percent or greater, | |
22 | + | hydrogen fuel cells, or electricity, including electricity to power | |
23 | + | a plug-in hybrid motor vehicle. | |
24 | + | (b) A state agency may obtain equipment or refueling | |
25 | + | facilities necessary to operate vehicles using compressed natural | |
26 | + | gas, liquefied natural gas, liquefied petroleum gas, methanol or | |
27 | + | methanol/gasoline blends of 85 percent or greater, ethanol or | |
28 | + | ethanol/gasoline blends of 85 percent or greater, biodiesel or | |
29 | + | biodiesel/diesel blends of 20 percent or greater, hydrogen fuel | |
30 | + | cells, or electricity, including electricity to power a plug-in | |
31 | + | hybrid motor vehicle: | |
32 | + | (1) by purchase or lease as authorized by law; | |
33 | + | (2) by gift or loan of the equipment or facilities; or | |
34 | + | (3) by gift or loan of the equipment or facilities or | |
35 | + | by another arrangement under a service contract for the supply of | |
36 | + | compressed natural gas, liquefied natural gas, liquefied petroleum | |
37 | + | gas, methanol or methanol/gasoline blends of 85 percent or greater, | |
38 | + | ethanol or ethanol/gasoline blends of 85 percent or greater, | |
39 | + | biodiesel or biodiesel/diesel blends of 20 percent or greater, | |
40 | + | hydrogen fuel cells, or electricity, including electricity to power | |
41 | + | a plug-in hybrid motor vehicle. | |
42 | + | (c) If the equipment or facilities are donated, loaned, or | |
43 | + | provided through another arrangement with the supplier of | |
44 | + | compressed natural gas, liquefied natural gas, liquefied petroleum | |
45 | + | gas, methanol or methanol/gasoline blends of 85 percent or greater, | |
46 | + | ethanol or ethanol/gasoline blends of 85 percent or greater, | |
47 | + | biodiesel or biodiesel/diesel blends of 20 percent or greater, | |
48 | + | hydrogen fuel cells, or electricity, including electricity to power | |
49 | + | a plug-in hybrid motor vehicle, the supplier is entitled to recoup | |
50 | + | its actual cost of donating, loaning, or providing the equipment or | |
51 | + | facilities through its fuel charges under the supply contract. | |
52 | + | (d) The commission may waive the requirements of this | |
53 | + | section for a state agency on receipt of certification supported by | |
54 | + | evidence acceptable to the commission that: | |
55 | + | (1) the agency's vehicles will be operating primarily | |
56 | + | in an area in which neither the agency nor a supplier has or can | |
57 | + | reasonably be expected to establish adequate refueling for | |
58 | + | compressed natural gas, liquefied natural gas, liquefied petroleum | |
59 | + | gas, methanol or methanol/gasoline blends of 85 percent or greater, | |
60 | + | ethanol or ethanol/gasoline blends of 85 percent or greater, | |
61 | + | biodiesel or biodiesel/diesel blends of 20 percent or greater, | |
62 | + | hydrogen fuel cells, or electricity, including electricity to power | |
63 | + | a plug-in hybrid motor vehicle; or | |
64 | + | (2) the agency is unable to obtain equipment or | |
65 | + | refueling facilities necessary to operate vehicles using | |
66 | + | compressed natural gas, liquefied natural gas, liquefied petroleum | |
67 | + | gas, methanol or methanol/gasoline blends of 85 percent or greater, | |
68 | + | ethanol or ethanol/gasoline blends of 85 percent or greater, | |
69 | + | biodiesel or biodiesel/diesel blends of 20 percent or greater, | |
70 | + | hydrogen fuel cells, or electricity, including electricity to power | |
71 | + | a plug-in hybrid motor vehicle, at a projected cost that is | |
72 | + | reasonably expected to be no greater than the net costs of continued | |
73 | + | use of conventional gasoline or diesel fuels, measured over the | |
74 | + | expected useful life of the equipment or facilities supplied. | |
75 | + | SECTION 2. Subchapter A, Chapter 2158, Government Code, is | |
18 | 76 | amended by adding Section 2158.0051 to read as follows: | |
19 | 77 | Sec. 2158.0051. ALTERNATIVE FUEL FLEETS. (a) It is the | |
20 | 78 | intent of this state that: | |
21 | 79 | (1) the vehicle fleet of a state agency that operates a | |
22 | 80 | fleet of more than 15 motor vehicles, subject to the availability of | |
23 | 81 | funds, shall be converted into or replaced with motor vehicles that | |
24 | 82 | use compressed natural gas, liquefied natural gas, liquefied | |
25 | 83 | petroleum gas, hydrogen fuel cells, or electricity, including fully | |
26 | 84 | electric vehicles and plug-in hybrid motor vehicles; | |
27 | 85 | (2) a county or municipality that operates a vehicle | |
28 | 86 | fleet of more than 15 motor vehicles is authorized, but is not | |
29 | 87 | required, to convert the fleet into or replace the fleet with motor | |
30 | 88 | vehicles that use compressed natural gas, liquefied natural gas, | |
31 | 89 | liquefied petroleum gas, hydrogen fuel cells, or electricity, | |
32 | 90 | including fully electric vehicles and plug-in hybrid motor | |
33 | 91 | vehicles; and | |
34 | 92 | (3) motor vehicles of a state agency, county, or | |
35 | 93 | municipality described by Subdivisions (1) and (2) that are capable | |
36 | 94 | of using fuels described by those subdivisions be primarily | |
37 | 95 | operated with those fuels rather than conventional gasoline or | |
38 | 96 | diesel fuels. | |
39 | 97 | (b) In complying with Subsection (a), a state agency to | |
40 | 98 | which this section applies shall prioritize: | |
41 | 99 | (1) the purchase or lease of new motor vehicles when | |
42 | 100 | replacing vehicles or adding vehicles to the fleet; | |
43 | 101 | (2) the purchase of new motor vehicles to replace | |
44 | 102 | vehicles that have the highest total mileage and do not use a fuel | |
45 | 103 | described by Subsection (a); | |
46 | 104 | (3) the conversion of motor vehicles that were driven | |
47 | 105 | the most miles during the previous biennium and do not use a fuel | |
48 | 106 | described by Subsection (a); and | |
49 | 107 | (4) to the extent feasible, obtaining, whether by | |
50 | 108 | conversion, purchase, or lease, motor vehicles that use compressed | |
51 | - | natural gas or liquefied natural gas. | |
52 | - | SECTION 2. Chapter 403, Government Code, is amended by | |
53 | - | adding Subchapter R to read as follows: | |
54 | - | SUBCHAPTER R. GOVERNMENTAL ALTERNATIVE FUEL FLEET GRANT PROGRAM | |
55 | - | Sec. 403.461. DEFINITIONS. In this subchapter: | |
109 | + | natural gas, liquefied natural gas, or liquefied petroleum gas. | |
110 | + | (c) Subsection (a)(1) does not apply to law enforcement or | |
111 | + | emergency vehicles. | |
112 | + | SECTION 3. Subtitle C, Title 5, Health and Safety Code, is | |
113 | + | amended by adding Chapter 395 to read as follows: | |
114 | + | CHAPTER 395. GOVERNMENTAL ALTERNATIVE FUEL FLEET GRANT PROGRAM | |
115 | + | Sec. 395.001. DEFINITIONS. In this chapter: | |
56 | 116 | (1) "Alternative fuel" means compressed natural gas, | |
57 | 117 | liquefied natural gas, liquefied petroleum gas, hydrogen fuel | |
58 | 118 | cells, or electricity, including electricity to power fully | |
59 | 119 | electric vehicles and plug-in hybrid motor vehicles. | |
60 | - | (2) "Incremental cost" means the cost of a motor | |
120 | + | (2) "Commission" means the Texas Commission on | |
121 | + | Environmental Quality. | |
122 | + | (3) "Incremental cost" means the cost of a motor | |
61 | 123 | vehicle or the cost of purchasing or installing refueling | |
62 | 124 | infrastructure and equipment less a baseline cost that would | |
63 | 125 | otherwise be incurred by a grant recipient in the normal course of | |
64 | 126 | business. Incremental costs may include added lease or fuel costs | |
65 | 127 | as well as additional capital costs. | |
66 | - | ( | |
128 | + | (4) "Motor vehicle" means a self-propelled device | |
67 | 129 | designed for transporting persons or property on a public highway | |
68 | 130 | that is required to be registered under Chapter 502, Transportation | |
69 | 131 | Code. | |
70 | - | (4) "Program" means the governmental alternative fuel | |
71 | - | fleet grant program established under this subchapter. | |
72 | - | (5) "State agency" has the meaning assigned by Section | |
73 | - | 2151.002. | |
74 | - | Sec. 403.462. PROGRAM. (a) The comptroller shall | |
75 | - | establish and administer a governmental alternative fuel fleet | |
76 | - | grant program to assist an eligible state agency, county, or | |
77 | - | municipality in complying with Section 2158.0051 through the | |
78 | - | purchase or lease of new motor vehicles that operate primarily on an | |
79 | - | alternative fuel. | |
132 | + | (5) "Political subdivision" means a school district, | |
133 | + | junior college district, river authority, water district or other | |
134 | + | special district, or other political subdivision created under the | |
135 | + | constitution or a statute of this state, other than a county or | |
136 | + | municipality. | |
137 | + | (6) "Program" means the governmental alternative fuel | |
138 | + | fleet grant program established under this chapter. | |
139 | + | (7) "State agency" has the meaning assigned by Section | |
140 | + | 2151.002, Government Code. | |
141 | + | Sec. 395.002. PROGRAM. (a) The commission shall establish | |
142 | + | and administer a governmental alternative fuel fleet grant program | |
143 | + | to assist an eligible state agency, county, municipality, or | |
144 | + | political subdivision in: | |
145 | + | (1) purchasing or leasing new motor vehicles that | |
146 | + | operate primarily on an alternative fuel; or | |
147 | + | (2) converting motor vehicles to operate primarily on | |
148 | + | an alternative fuel. | |
80 | 149 | (b) The program is funded under the Texas emissions | |
81 | - | reduction plan established under Chapter 386, Health and Safety | |
82 | - | Code. | |
150 | + | reduction plan established under Chapter 386. | |
83 | 151 | (c) The program may provide a grant to a state agency, | |
84 | - | county, or | |
152 | + | county, municipality, or political subdivision to: | |
85 | 153 | (1) purchase or lease a new motor vehicle described by | |
86 | - | Section 403.464; or | |
87 | - | (2) purchase and install refueling infrastructure and | |
88 | - | equipment described by Section 403.465 to store and dispense | |
89 | - | alternative fuel needed for a motor vehicle described by | |
90 | - | Subdivision (1). | |
91 | - | Sec. 403.463. ELIGIBLE APPLICANTS. (a) A state agency, | |
154 | + | Section 395.004; | |
155 | + | (2) convert a motor vehicle to operate primarily on an | |
156 | + | alternative fuel; or | |
157 | + | (3) purchase, lease, or install refueling | |
158 | + | infrastructure or equipment or procure refueling services as | |
159 | + | described by Section 395.005 to store and dispense alternative fuel | |
160 | + | needed for a motor vehicle described by Subdivision (1) or (2). | |
161 | + | Sec. 395.003. ELIGIBLE APPLICANTS. (a) A state agency, | |
92 | 162 | county, or municipality is eligible to apply for a grant under this | |
93 | 163 | program if the entity operates a fleet of more than 15 motor | |
94 | 164 | vehicles, excluding motor vehicles that are owned and operated by a | |
95 | 165 | private company or other third party under a contract with the | |
96 | 166 | entity. | |
97 | - | (b) A transit or school transportation provider or other | |
98 | - | similar entity established to provide public or school | |
99 | - | transportation services is eligible for a grant under this program. | |
100 | - | Sec. 403.464. MOTOR VEHICLE REQUIREMENTS. (a) A grant | |
167 | + | (b) A mass transit or school transportation provider or | |
168 | + | other broadly similar public entity established to provide public | |
169 | + | or school transportation services is eligible for a grant under | |
170 | + | this program. | |
171 | + | (c) If, on April 1 of an even-numbered year, the commission | |
172 | + | has awarded less than 75 percent of the total amount to be awarded | |
173 | + | in that fiscal year to eligible applicants under Subsections (a) | |
174 | + | and (b), a political subdivision is eligible to apply for a grant | |
175 | + | under the program during the remainder of that fiscal year. | |
176 | + | Sec. 395.004. MOTOR VEHICLE REQUIREMENTS. (a) A grant | |
101 | 177 | recipient may purchase or lease with money from a grant under the | |
102 | 178 | program a new motor vehicle that: | |
103 | 179 | (1) is originally manufactured to operate using one or | |
104 | 180 | more alternative fuels or is converted to operate using one or more | |
105 | 181 | alternative fuels before the first retail sale of the vehicle; and | |
106 | 182 | (2) has a dedicated system, dual-fuel system, or | |
107 | - | bi-fuel system with a | |
108 | - | | |
109 | - | | |
183 | + | bi-fuel system with a United States Environmental Protection Agency | |
184 | + | rating of at least 75 miles per gallon equivalent or a 75-mile | |
185 | + | combined city and highway range. | |
110 | 186 | (b) A grant recipient may not use money from a grant under | |
111 | 187 | the program to replace a motor vehicle, transit bus, or school bus | |
112 | 188 | that operates on an alternative fuel unless the replacement vehicle | |
113 | 189 | produces fewer emissions and has greater fuel efficiency than the | |
114 | 190 | vehicle being replaced. | |
115 | - | Sec. 403.465. REFUELING INFRASTRUCTURE AND EQUIPMENT | |
116 | - | REQUIREMENTS. A grant recipient may purchase or install refueling | |
117 | - | infrastructure or equipment with money from a grant under the | |
118 | - | program if: | |
119 | - | (1) the purchase or installation is made in | |
120 | - | conjunction with the purchase or lease of a motor vehicle as | |
121 | - | described by Section 403.464; | |
191 | + | Sec. 395.005. REFUELING INFRASTRUCTURE, EQUIPMENT, AND | |
192 | + | SERVICES. A grant recipient may purchase, lease, or install | |
193 | + | refueling infrastructure or equipment or procure refueling | |
194 | + | services with money from a grant under the program if: | |
195 | + | (1) the purchase, lease, installation, or procurement | |
196 | + | is made in conjunction with the purchase or lease of a motor vehicle | |
197 | + | as described by Section 395.004 or the conversion of a motor vehicle | |
198 | + | to operate primarily on an alternative fuel; | |
122 | 199 | (2) the grant recipient demonstrates that a refueling | |
123 | 200 | station that meets the needs of the recipient is not available | |
124 | - | within | |
201 | + | within five miles of the location at which the recipient's vehicles | |
125 | 202 | are stored or primarily used; and | |
126 | - | (3) the refueling infrastructure or equipment will be | |
127 | - | owned and operated by the grant recipient. | |
128 | - | Sec. 403.466. ELIGIBLE COSTS. (a) A motor vehicle lease | |
203 | + | (3) for the purchase or installation of refueling | |
204 | + | infrastructure or equipment, the infrastructure or equipment will | |
205 | + | be owned and operated by the grant recipient, and for the lease of | |
206 | + | refueling infrastructure or equipment or the procurement of | |
207 | + | refueling services, a third-party service provider engaged by the | |
208 | + | grant recipient will provide the infrastructure, equipment, or | |
209 | + | services. | |
210 | + | Sec. 395.006. ELIGIBLE COSTS. (a) A motor vehicle lease | |
129 | 211 | agreement paid for with money from a grant under the program must | |
130 | 212 | have a term of at least three years. | |
131 | 213 | (b) Refueling infrastructure or equipment purchased or | |
132 | 214 | installed with money from a grant under the program must be used | |
133 | 215 | specifically to store or dispense alternative fuel, as determined | |
134 | - | by the comptroller. | |
135 | - | Sec. 403.467. GRANT AMOUNTS. (a) The comptroller may | |
216 | + | by the commission. | |
217 | + | (c) A lease of or service agreement for refueling | |
218 | + | infrastructure, equipment, or services paid for with money from a | |
219 | + | grant under the program must have a term of at least three years. | |
220 | + | Sec. 395.007. GRANT AMOUNTS. (a) The commission may | |
136 | 221 | establish standardized grant amounts based on the incremental costs | |
137 | 222 | associated with the purchase or lease of different categories of | |
138 | 223 | motor vehicles, including the type of fuel used, vehicle class, and | |
139 | - | other categories the | |
224 | + | other categories the commission considers appropriate. | |
140 | 225 | (b) In determining the incremental costs and setting the | |
141 | - | standardized grant amounts, the | |
226 | + | standardized grant amounts, the commission may consider the | |
142 | 227 | difference in cost between a new motor vehicle operated using | |
143 | 228 | conventional gasoline or diesel fuel and a new motor vehicle | |
144 | 229 | operated using alternative fuel. | |
145 | 230 | (c) The amount of a grant for the purchase or lease of a | |
146 | 231 | motor vehicle may not exceed the amount of the incremental cost of | |
147 | 232 | the purchase or lease. | |
148 | - | (d) The | |
149 | - | ||
150 | - | refueling infrastructure or | |
151 | - | reimbursing a percentage of the cost. | |
233 | + | (d) The commission may establish grant amounts to reimburse | |
234 | + | the full cost of the purchase, lease, installation, or procurement | |
235 | + | of refueling infrastructure, equipment, or services or may | |
236 | + | establish criteria for reimbursing a percentage of the cost. | |
152 | 237 | (e) A grant under the program may be combined with funding | |
153 | 238 | from other sources, including other grant programs, except that a | |
154 | 239 | grant may not be combined with other funding or grants from the | |
155 | 240 | Texas emissions reduction plan. When combined with other funding | |
156 | 241 | sources, a grant may not exceed the total cost to the grant | |
157 | 242 | recipient. | |
158 | - | Sec. | |
243 | + | Sec. 395.008. AVAILABILITY OF EMISSIONS REDUCTION CREDITS. | |
159 | 244 | (a) A purchase, lease, or installation that uses money from a | |
160 | 245 | grant under the program may not be used for credit under a state or | |
161 | 246 | federal emissions reduction credit averaging, banking, or trading | |
162 | 247 | program. | |
163 | 248 | (b) An emissions reduction generated by a purchase or lease | |
164 | - | under this | |
249 | + | under this chapter: | |
165 | 250 | (1) may not be used as a marketable emissions | |
166 | 251 | reduction credit; and | |
167 | 252 | (2) may be used to demonstrate conformity with the | |
168 | 253 | state implementation plan. | |
169 | 254 | (c) A project involving a new emissions reduction measure | |
170 | 255 | that would otherwise generate marketable credits under a state or | |
171 | 256 | federal emissions reduction credit averaging, banking, or trading | |
172 | 257 | program is not eligible for funding under the program unless: | |
173 | 258 | (1) the project includes the transfer of the | |
174 | 259 | reductions that would otherwise be marketable credits to the state | |
175 | 260 | implementation plan; and | |
176 | 261 | (2) the reductions are permanently retired. | |
177 | - | Sec. | |
262 | + | Sec. 395.009. USE OF GRANT MONEY BY COUNTY OR MUNICIPALITY. | |
178 | 263 | A county or municipality shall prioritize the actions listed in | |
179 | - | Sections 2158.0051(b)(1)-(4) when using money | |
180 | - | the program. | |
181 | - | Sec. | |
182 | - | | |
264 | + | Sections 2158.0051(b)(1)-(4), Government Code, when using money | |
265 | + | from a grant under the program. | |
266 | + | Sec. 395.010. GRANT PROCEDURES AND CRITERIA. (a) The | |
267 | + | commission shall establish specific criteria and procedures in | |
183 | 268 | order to implement and administer the program, including the | |
184 | 269 | creation and provision of application forms and guidance on the | |
185 | 270 | application process. | |
186 | - | (b) The comptroller shall award a grant through a contract | |
187 | - | between the comptroller and the grant recipient. | |
188 | - | (c) The comptroller may limit funding for a particular | |
189 | - | period according to priorities established by the comptroller, | |
190 | - | including limiting the availability of grants to specific entities, | |
191 | - | geographic areas, or types of vehicles and infrastructure. | |
192 | - | (d) In determining priorities for funding under the | |
193 | - | program, the comptroller shall consider: | |
271 | + | (b) The commission shall award a grant through a contract | |
272 | + | between the commission and the grant recipient. | |
273 | + | (b-1) The commission shall provide an online application | |
274 | + | process for the submission of all required application documents. | |
275 | + | (c) The commission may limit funding for a particular period | |
276 | + | according to priorities established by the commission, including | |
277 | + | limiting the availability of grants to specific entities, for | |
278 | + | certain types of vehicles and infrastructure, or to certain | |
279 | + | geographic areas to ensure equitable distribution of grant funds | |
280 | + | across the state. | |
281 | + | (d) In awarding grants under the program, the commission | |
282 | + | shall prioritize projects that: | |
283 | + | (1) are proposed by a state agency; | |
284 | + | (2) are in or near a nonattainment area; | |
285 | + | (3) are in an affected county, as that term is defined | |
286 | + | by Section 386.001(2); | |
287 | + | (4) will produce the greatest emissions reductions; | |
288 | + | and | |
289 | + | (5) will generate the most marketable credits under a | |
290 | + | state or federal emissions reduction credit averaging, banking, or | |
291 | + | trading program. | |
292 | + | (e) In addition to the requirements under Subsection (d), in | |
293 | + | awarding grants under the program, the commission shall consider: | |
194 | 294 | (1) the effectiveness of a proposed project in | |
195 | - | assisting an applicant in complying with Section 2158.0051; | |
295 | + | assisting an applicant in complying with Section 2158.0051, | |
296 | + | Government Code; | |
196 | 297 | (2) the total amount of the emissions reduction that | |
197 | 298 | would be achieved from the project; | |
198 | 299 | (3) the type and number of vehicles purchased, leased, | |
199 | 300 | or converted; | |
200 | 301 | (4) the location of the fleet and the refueling | |
201 | 302 | infrastructure or equipment; | |
202 | 303 | (5) the number of vehicles served and the rate at which | |
203 | 304 | vehicles are served by the refueling infrastructure or equipment; | |
204 | 305 | (6) the amount of any matching funds committed by the | |
205 | 306 | applicant; and | |
206 | 307 | (7) the schedule for project completion. | |
207 | - | Sec. 403.471. FUNDING. The legislature may appropriate | |
208 | - | money to the comptroller from the Texas emissions reduction plan | |
209 | - | fund established under Section 386.251, Health and Safety Code, to | |
210 | - | administer the program. | |
211 | - | Sec. 403.472. EXPIRATION. This subchapter expires August | |
212 | - | 31, 2025. | |
213 | - | SECTION 3. Section 386.051(b), Health and Safety Code, is | |
308 | + | (f) The commission may not award more than 10 percent of the | |
309 | + | total amount awarded under the program in any fiscal year for | |
310 | + | purchasing, leasing, installing, or procuring refueling | |
311 | + | infrastructure, equipment, or services. | |
312 | + | Sec. 395.011. FUNDING. The legislature may appropriate | |
313 | + | money to the commission from the Texas emissions reduction plan | |
314 | + | fund established under Section 386.251 to administer the program. | |
315 | + | Sec. 395.0115. ADMINISTRATIVE COSTS. In each fiscal year, | |
316 | + | the commission may use up to three-fourths of one percent of the | |
317 | + | total amount of money awarded under the program in that fiscal year, | |
318 | + | but not more than $1 million, for the administrative costs of the | |
319 | + | program. | |
320 | + | Sec. 395.012. RULES. The commission may adopt rules as | |
321 | + | necessary to implement this chapter. | |
322 | + | Sec. 395.013. REPORT REQUIRED. On or before November 1 of | |
323 | + | each even-numbered year, the commission shall submit to the | |
324 | + | governor, the lieutenant governor, and members of the legislature a | |
325 | + | report that includes the following information regarding awards | |
326 | + | made under the program during the preceding state fiscal biennium: | |
327 | + | (1) the number of grants awarded under the program; | |
328 | + | (2) the recipient of each grant awarded; | |
329 | + | (3) the number of vehicles converted or replaced; | |
330 | + | (4) the number, type, and location of any refueling | |
331 | + | infrastructure, equipment, or services funded under the program; | |
332 | + | (5) the total emissions reductions achieved under the | |
333 | + | program; and | |
334 | + | (6) any other information the commission considers | |
335 | + | relevant. | |
336 | + | Sec. 395.014. EXPIRATION. This chapter expires August 31, | |
337 | + | 2025. | |
338 | + | SECTION 4. Section 386.051(b), Health and Safety Code, is | |
214 | 339 | amended to read as follows: | |
215 | 340 | (b) Under the plan, the commission and the comptroller shall | |
216 | 341 | provide grants or other funding for: | |
217 | 342 | (1) the diesel emissions reduction incentive program | |
218 | 343 | established under Subchapter C, including for infrastructure | |
219 | 344 | projects established under that subchapter; | |
220 | 345 | (2) the motor vehicle purchase or lease incentive | |
221 | 346 | program established under Subchapter D; | |
222 | 347 | (3) the air quality research support program | |
223 | 348 | established under Chapter 387; | |
224 | 349 | (4) the clean school bus program established under | |
225 | 350 | Chapter 390; | |
226 | 351 | (5) the new technology implementation grant program | |
227 | 352 | established under Chapter 391; | |
228 | 353 | (6) the regional air monitoring program established | |
229 | 354 | under Section 386.252(a); | |
230 | 355 | (7) a health effects study as provided by Section | |
231 | 356 | 386.252(a); | |
232 | 357 | (8) air quality planning activities as provided by | |
233 | 358 | Section 386.252(a); | |
234 | 359 | (9) a contract with the Energy Systems Laboratory at | |
235 | 360 | the Texas Engineering Experiment Station for computation of | |
236 | 361 | creditable statewide emissions reductions as provided by Section | |
237 | 362 | 386.252(a)(14); | |
238 | 363 | (10) the clean fleet program established under Chapter | |
239 | 364 | 392; | |
240 | 365 | (11) the alternative fueling facilities program | |
241 | 366 | established under Chapter 393; | |
242 | 367 | (12) the natural gas vehicle grant program and clean | |
243 | 368 | transportation triangle program established under Chapter 394; | |
244 | 369 | (13) other programs the commission may develop that | |
245 | 370 | lead to reduced emissions of nitrogen oxides, particulate matter, | |
246 | 371 | or volatile organic compounds in a nonattainment area or affected | |
247 | 372 | county; | |
248 | 373 | (14) other programs the commission may develop that | |
249 | 374 | support congestion mitigation to reduce mobile source ozone | |
250 | 375 | precursor emissions; [and] | |
251 | 376 | (15) the drayage truck incentive program established | |
252 | 377 | under Subchapter D-1; and | |
253 | 378 | (16) the governmental alternative fuel fleet grant | |
254 | - | program established under Subchapter R, Chapter 403, Government | |
255 | - | Code. | |
256 | - | SECTION 4. Section 386.252, Health and Safety Code, is | |
257 | - | amended by adding Subsection (i) to read as follows: | |
258 | - | (i) To the extent that money is appropriated from the fund | |
259 | - | for that purpose, the comptroller may use that money to award grants | |
260 | - | under the governmental alternative fuel fleet grant program | |
261 | - | established under Subchapter R, Chapter 403, Government Code, | |
262 | - | except that the comptroller may not use for that purpose more than | |
263 | - | three percent of the balance of the fund as of September 1 of each | |
264 | - | state fiscal year of the biennium for the governmental alternative | |
265 | - | fuel fleet grant program in that fiscal year. This subsection | |
266 | - | expires August 31, 2025. | |
379 | + | program established under Chapter 395. | |
267 | 380 | SECTION 5. Section 2158.0051, Government Code, as added by | |
268 | 381 | this Act, applies beginning with the state fiscal biennium | |
269 | 382 | beginning September 1, 2015. | |
270 | - | SECTION 6. This Act takes effect September 1, 2015. | |
271 | - | * * * * * | |
383 | + | SECTION 6. (a) To the extent that money is appropriated | |
384 | + | from the Texas emissions reduction plan fund for that purpose, the | |
385 | + | Texas Commission on Environmental Quality may use that money to | |
386 | + | award grants under the governmental alternative fuel fleet grant | |
387 | + | program created under Chapter 395, Health and Safety Code, as added | |
388 | + | by this Act, except that the commission may not use for that purpose | |
389 | + | more than three percent of the balance of the Texas emissions | |
390 | + | reduction plan fund as of September 1 of each fiscal year of the | |
391 | + | biennium for the governmental alternative fuel fleet grant program | |
392 | + | in that fiscal year. | |
393 | + | (b) This section expires August 31, 2025. | |
394 | + | SECTION 7. This Act takes effect September 1, 2015. |