Texas 2017 - 85th Regular

Texas Senate Bill SB768 Compare Versions

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11 85R8345 JRR-D
22 By: Zaffirini S.B. No. 768
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the Texas emissions reduction plan, including the
88 eligibility for grants for natural gas fueling stations under the
99 Texas natural gas vehicle grant program.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Section 386.002, Health and Safety Code, is
1212 amended to read as follows:
1313 Sec. 386.002. EXPIRATION. This chapter expires on the last
1414 day of the state fiscal biennium during which the commission
1515 publishes in the Texas Register certification that, with respect to
1616 each national ambient air quality standard for ozone under 40
1717 C.F.R. Section 81.344, the United States Environmental Protection
1818 Agency has, for each designated area under that section:
1919 (1) designated the area as attainment or
2020 unclassifiable; or
2121 (2) approved a redesignation substitute making a
2222 finding of attainment for the area [August 31, 2019].
2323 SECTION 2. Section 390.006, Health and Safety Code, is
2424 amended to read as follows:
2525 Sec. 390.006. EXPIRATION. This chapter expires on the last
2626 day of the state fiscal biennium during which the commission
2727 publishes in the Texas Register certification that, with respect to
2828 each national ambient air quality standard for ozone under 40
2929 C.F.R. Section 81.344, the United States Environmental Protection
3030 Agency has, for each designated area under that section:
3131 (1) designated the area as attainment or
3232 unclassifiable; or
3333 (2) approved a redesignation substitute making a
3434 finding of attainment for the area [August 31, 2019].
3535 SECTION 3. Section 391.304, Health and Safety Code, is
3636 amended to read as follows:
3737 Sec. 391.304. EXPIRATION. This chapter expires on the last
3838 day of the state fiscal biennium during which the commission
3939 publishes in the Texas Register certification that, with respect to
4040 each national ambient air quality standard for ozone under 40
4141 C.F.R. Section 81.344, the United States Environmental Protection
4242 Agency has, for each designated area under that section:
4343 (1) designated the area as attainment or
4444 unclassifiable; or
4545 (2) approved a redesignation substitute making a
4646 finding of attainment for the area [August 31, 2019].
4747 SECTION 4. Section 392.008, Health and Safety Code, is
4848 amended to read as follows:
4949 Sec. 392.008. EXPIRATION. This chapter expires on the last
5050 day of the state fiscal biennium during which the commission
5151 publishes in the Texas Register certification that, with respect to
5252 each national ambient air quality standard for ozone under 40
5353 C.F.R. Section 81.344, the United States Environmental Protection
5454 Agency has, for each designated area under that section:
5555 (1) designated the area as attainment or
5656 unclassifiable; or
5757 (2) approved a redesignation substitute making a
5858 finding of attainment for the area [August 31, 2017].
5959 SECTION 5. Section 393.007, Health and Safety Code, is
6060 amended to read as follows:
6161 Sec. 393.007. EXPIRATION. This chapter expires on the last
6262 day of the state fiscal biennium during which the commission
6363 publishes in the Texas Register certification that, with respect to
6464 each national ambient air quality standard for ozone under 40
6565 C.F.R. Section 81.344, the United States Environmental Protection
6666 Agency has, for each designated area under that section:
6767 (1) designated the area as attainment or
6868 unclassifiable; or
6969 (2) approved a redesignation substitute making a
7070 finding of attainment for the area [August 31, 2018].
7171 SECTION 6. Section 394.005(c), Health and Safety Code, is
7272 amended to read as follows:
7373 (c) As a condition of receiving a grant, the qualifying
7474 vehicle must be continuously owned, leased, or otherwise
7575 commercially financed and registered and operated in the state by
7676 the grant recipient until the earlier of the fourth anniversary of
7777 the date of reimbursement of the grant-funded expenses or until the
7878 date the vehicle has been in operation for 400,000 miles after the
7979 date of reimbursement. Not less than 75 percent of the annual use
8080 of the qualifying vehicle, either mileage or fuel use as determined
8181 by the commission, must occur in:
8282 (1) the counties any part of which are included in the
8383 areas [area] described by Section 394.010(a-1) [394.010(a)]; or
8484 (2) counties designated as nonattainment areas within
8585 the meaning of Section 107(d) of the federal Clean Air Act (42
8686 U.S.C. Section 7407).
8787 SECTION 7. The heading to Section 394.010, Health and
8888 Safety Code, is amended to read as follows:
8989 Sec. 394.010. CLEAN TRANSPORTATION TRIANGLES [TRIANGLE].
9090 SECTION 8. Section 394.010, Health and Safety Code, is
9191 amended by amending Subsections (a) and (d) and adding Subsections
9292 (a-1) and (a-2) to read as follows:
9393 (a) In this section, "affected county" has the meaning
9494 assigned by Section 386.001.
9595 (a-1) To ensure that natural gas vehicles purchased,
9696 leased, or otherwise commercially financed or repowered under the
9797 program have access to fuel, and to build the foundation for a
9898 self-sustaining market for natural gas vehicles in Texas, the
9999 commission shall award grants to support the development of a
100100 network of natural gas vehicle fueling stations:
101101 (1) along the interstate highways connecting Houston,
102102 San Antonio, Dallas, and Fort Worth;
103103 (2) along the interstate highways connecting San
104104 Antonio to Corpus Christi and Laredo and the highways connecting
105105 Corpus Christi and Laredo that are in the state highway system; [,]
106106 and
107107 (3) in nonattainment areas and affected counties of
108108 the state.
109109 (a-2) In awarding the grants, the commission shall provide
110110 for:
111111 (1) strategically placed natural gas vehicle fueling
112112 stations:
113113 (A) in and between the Houston, San Antonio, and
114114 Dallas-Fort Worth areas to enable a natural gas vehicle to travel in
115115 that triangular area relying solely on natural gas fuel;
116116 (B) in and between the Corpus Christi, Laredo,
117117 and San Antonio areas to enable a natural gas vehicle to travel in
118118 that triangular area relying solely on natural gas fuel; [,] and
119119 (C) in nonattainment areas and affected counties
120120 of the state, to enable a natural gas vehicle to travel in those
121121 areas relying solely on natural gas fuel;
122122 (2) the grants to be dispersed through a competitive
123123 bidding process to offset a portion of the cost of installation of
124124 the natural gas dispensing equipment;
125125 (3) contracts that require the recipient stations to
126126 meet operational, maintenance, and reporting requirements as
127127 specified by the commission; and
128128 (4) a listing, to be maintained by the commission and
129129 made available to the public online, of all natural gas vehicle
130130 fueling stations that have received grant funding, including
131131 location and hours of operation.
132132 (d) Stations funded by grants under this section must be
133133 publicly accessible. In awarding grants for stations under this
134134 section, the [The] commission shall give preference to:
135135 (1) stations providing both liquefied natural gas and
136136 compressed natural gas at a single location;
137137 (2) stations located not more than one mile from an
138138 interstate highway [system]; and
139139 (3) stations located in the triangular areas described
140140 by Subsections (a-2)(1)(A) and (B) [area between the Houston, San
141141 Antonio, and Dallas-Fort Worth areas].
142142 SECTION 9. Section 394.012, Health and Safety Code, is
143143 amended to read as follows:
144144 Sec. 394.012. EXPIRATION. This chapter expires on the last
145145 day of the state fiscal biennium during which the commission
146146 publishes in the Texas Register certification that, with respect to
147147 each national ambient air quality standard for ozone under 40
148148 C.F.R. Section 81.344, the United States Environmental Protection
149149 Agency has, for each designated area under that section:
150150 (1) designated the area as attainment or
151151 unclassifiable; or
152152 (2) approved a redesignation substitute making a
153153 finding of attainment for the area [August 31, 2017].
154154 SECTION 10. This Act takes effect August 30, 2017, but only
155155 if S.B. 26, or similar legislation of the 85th Legislature, Regular
156156 Session, 2017, that changes the expiration dates for the Texas
157157 emissions reduction plan and certain programs funded under that
158158 plan and transfers provisions governing grants for natural gas
159159 vehicle fueling facilities along interstate highways connecting
160160 Houston, San Antonio, Dallas, and Fort Worth and in nonattainment
161161 areas from the Texas natural gas vehicle grant program under
162162 Chapter 394, Health and Safety Code, to the Texas alternative
163163 fueling facility program under Chapter 393, Health and Safety Code,
164164 does not become law. If such a bill becomes law, this Act has no
165165 effect.