84R30934 JAM-D By: Zaffirini, et al. S.B. No. 911 (Morrison) Substitute the following for S.B. No. 911: No. A BILL TO BE ENTITLED AN ACT relating to the eligibility for grants for natural gas fueling stations. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 393, Health and Safety Code, is amended by adding Section 393.0015 to read as follows: Sec. 393.0015. INCLUSION OF SAN ANTONIO-CORPUS CHRISTI-LAREDO IN CLEAN TRANSPORTATION TRIANGLE. For the purposes of this chapter, a reference to the clean transportation triangle includes counties containing or intersected by a portion of: (1) an interstate highway connecting San Antonio to Corpus Christi or Laredo; or (2) a state highway connecting Corpus Christi and Laredo. SECTION 2. Section 393.004, Health and Safety Code, is amended by adding Subsection (f) to read as follows: (f) In addition to other preferences under this section, for fueling facilities to provide natural gas, the commission shall give preference to facilities located in the triangular area in and between the Corpus Christi, Laredo, and San Antonio areas. SECTION 3. Section 394.005(c), Health and Safety Code, is amended to read as follows: (c) As a condition of receiving a grant, the qualifying vehicle must be continuously owned, leased, or otherwise commercially financed and registered and operated in the state by the grant recipient until the earlier of the fourth anniversary of the date of reimbursement of the grant-funded expenses or until the date the vehicle has been in operation for 400,000 miles after the date of reimbursement. Not less than 75 percent of the annual use of the qualifying vehicle, either mileage or fuel use as determined by the commission, must occur in: (1) the counties any part of which are included in the areas [area] described by Section 394.010(a-1) [394.010(a)]; or (2) counties designated as nonattainment areas within the meaning of Section 107(d) of the federal Clean Air Act (42 U.S.C. Section 7407). SECTION 4. The heading to Section 394.010, Health and Safety Code, is amended to read as follows: Sec. 394.010. CLEAN TRANSPORTATION TRIANGLES [TRIANGLE]. SECTION 5. Section 394.010, Health and Safety Code, is amended by amending Subsections (a) and (d) and adding Subsections (a-1) and (a-2) to read as follows: (a) In this section: (1) "Affected county" has the meaning assigned by Section 386.001. (2) "State highway" means a highway in this state included in the plan providing for a system of state highways prepared by the executive director of the Texas Department of Transportation under Section 201.103, Transportation Code. (a-1) To ensure that natural gas vehicles purchased, leased, or otherwise commercially financed or repowered under the program have access to fuel, and to build the foundation for a self-sustaining market for natural gas vehicles in Texas, the commission shall award grants to support the development of a network of natural gas vehicle fueling stations: (1) along the interstate highways connecting Houston, San Antonio, Dallas, and Fort Worth; (2) along the interstate highways connecting San Antonio to Corpus Christi and Laredo and the state highways connecting Corpus Christi and Laredo;[,] and (3) in nonattainment areas and affected counties of the state. (a-2) In awarding the grants, the commission shall provide for: (1) strategically placed natural gas vehicle fueling stations: (A) in and between the Houston, San Antonio, and Dallas-Fort Worth areas to enable a natural gas vehicle to travel in that triangular area relying solely on natural gas fuel; (B) in and between the Corpus Christi, Laredo, and San Antonio areas to enable a natural gas vehicle to travel in that triangular area relying solely on natural gas fuel;[,] and (C) in nonattainment areas and affected counties of the state, to enable a natural gas vehicle to travel in those areas relying solely on natural gas fuel; (2) the grants to be dispersed through a competitive bidding process to offset a portion of the cost of installation of the natural gas dispensing equipment; (3) contracts that require the recipient stations to meet operational, maintenance, and reporting requirements as specified by the commission; and (4) a listing, to be maintained by the commission and made available to the public online, of all natural gas vehicle fueling stations that have received grant funding, including location and hours of operation. (d) Stations funded by grants under this section must be publicly accessible. In awarding grants for stations under this section, the [The] commission shall give preference to: (1) stations providing both liquefied natural gas and compressed natural gas at a single location; (2) stations located not more than one mile from an interstate highway [system]; and (3) stations located in the triangular areas described by Subsections (a-2)(1)(A) and (B) [area between the Houston, San Antonio, and Dallas-Fort Worth areas]. SECTION 6. The changes in law made by this Act apply only to a Texas emissions reduction plan grant awarded on or after the effective date of this Act. A grant awarded before the effective date of this Act is governed by the law in effect on the date the award was made, and the former law is continued in effect for that purpose. SECTION 7. Sections 1 and 2 of this Act take effect September 1, 2015, but only if H.B. 14, or similar legislation of the 84th Legislature, Regular Session, 2015, that transfers provisions governing grants for natural gas vehicle fueling facilities along interstate highways connecting Houston, San Antonio, Dallas, and Fort Worth and in nonattainment areas from the Texas natural gas vehicle grant program under Chapter 394, Health and Safety Code, to the Texas alternative fueling facility program under Chapter 393, Health and Safety Code, becomes law. If such a bill does not become law, those sections have no effect. SECTION 8. Sections 3, 4, and 5, of this Act take effect September 1, 2015, but only if H.B. 14, or similar legislation of the 84th Legislature, Regular Session, 2015, that transfers provisions governing grants for natural gas vehicle fueling facilities along interstate highways connecting Houston, San Antonio, Dallas, and Fort Worth and in nonattainment areas from the Texas natural gas vehicle grant program under Chapter 394, Health and Safety Code, to the Texas alternative fueling facility program under Chapter 393, Health and Safety Code, does not become law. If such a bill becomes law, those sections have no effect.