1 | 1 | | 85R8345 JRR-D |
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2 | 2 | | By: Zaffirini S.B. No. 768 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the Texas emissions reduction plan, including the |
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8 | 8 | | eligibility for grants for natural gas fueling stations under the |
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9 | 9 | | Texas natural gas vehicle grant program. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 386.002, Health and Safety Code, is |
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12 | 12 | | amended to read as follows: |
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13 | 13 | | Sec. 386.002. EXPIRATION. This chapter expires on the last |
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14 | 14 | | day of the state fiscal biennium during which the commission |
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15 | 15 | | publishes in the Texas Register certification that, with respect to |
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16 | 16 | | each national ambient air quality standard for ozone under 40 |
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17 | 17 | | C.F.R. Section 81.344, the United States Environmental Protection |
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18 | 18 | | Agency has, for each designated area under that section: |
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19 | 19 | | (1) designated the area as attainment or |
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20 | 20 | | unclassifiable; or |
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21 | 21 | | (2) approved a redesignation substitute making a |
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22 | 22 | | finding of attainment for the area [August 31, 2019]. |
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23 | 23 | | SECTION 2. Section 390.006, Health and Safety Code, is |
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24 | 24 | | amended to read as follows: |
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25 | 25 | | Sec. 390.006. EXPIRATION. This chapter expires on the last |
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26 | 26 | | day of the state fiscal biennium during which the commission |
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27 | 27 | | publishes in the Texas Register certification that, with respect to |
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28 | 28 | | each national ambient air quality standard for ozone under 40 |
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29 | 29 | | C.F.R. Section 81.344, the United States Environmental Protection |
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30 | 30 | | Agency has, for each designated area under that section: |
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31 | 31 | | (1) designated the area as attainment or |
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32 | 32 | | unclassifiable; or |
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33 | 33 | | (2) approved a redesignation substitute making a |
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34 | 34 | | finding of attainment for the area [August 31, 2019]. |
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35 | 35 | | SECTION 3. Section 391.304, Health and Safety Code, is |
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36 | 36 | | amended to read as follows: |
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37 | 37 | | Sec. 391.304. EXPIRATION. This chapter expires on the last |
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38 | 38 | | day of the state fiscal biennium during which the commission |
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39 | 39 | | publishes in the Texas Register certification that, with respect to |
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40 | 40 | | each national ambient air quality standard for ozone under 40 |
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41 | 41 | | C.F.R. Section 81.344, the United States Environmental Protection |
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42 | 42 | | Agency has, for each designated area under that section: |
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43 | 43 | | (1) designated the area as attainment or |
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44 | 44 | | unclassifiable; or |
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45 | 45 | | (2) approved a redesignation substitute making a |
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46 | 46 | | finding of attainment for the area [August 31, 2019]. |
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47 | 47 | | SECTION 4. Section 392.008, Health and Safety Code, is |
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48 | 48 | | amended to read as follows: |
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49 | 49 | | Sec. 392.008. EXPIRATION. This chapter expires on the last |
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50 | 50 | | day of the state fiscal biennium during which the commission |
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51 | 51 | | publishes in the Texas Register certification that, with respect to |
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52 | 52 | | each national ambient air quality standard for ozone under 40 |
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53 | 53 | | C.F.R. Section 81.344, the United States Environmental Protection |
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54 | 54 | | Agency has, for each designated area under that section: |
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55 | 55 | | (1) designated the area as attainment or |
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56 | 56 | | unclassifiable; or |
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57 | 57 | | (2) approved a redesignation substitute making a |
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58 | 58 | | finding of attainment for the area [August 31, 2017]. |
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59 | 59 | | SECTION 5. Section 393.007, Health and Safety Code, is |
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60 | 60 | | amended to read as follows: |
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61 | 61 | | Sec. 393.007. EXPIRATION. This chapter expires on the last |
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62 | 62 | | day of the state fiscal biennium during which the commission |
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63 | 63 | | publishes in the Texas Register certification that, with respect to |
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64 | 64 | | each national ambient air quality standard for ozone under 40 |
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65 | 65 | | C.F.R. Section 81.344, the United States Environmental Protection |
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66 | 66 | | Agency has, for each designated area under that section: |
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67 | 67 | | (1) designated the area as attainment or |
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68 | 68 | | unclassifiable; or |
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69 | 69 | | (2) approved a redesignation substitute making a |
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70 | 70 | | finding of attainment for the area [August 31, 2018]. |
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71 | 71 | | SECTION 6. Section 394.005(c), Health and Safety Code, is |
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72 | 72 | | amended to read as follows: |
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73 | 73 | | (c) As a condition of receiving a grant, the qualifying |
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74 | 74 | | vehicle must be continuously owned, leased, or otherwise |
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75 | 75 | | commercially financed and registered and operated in the state by |
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76 | 76 | | the grant recipient until the earlier of the fourth anniversary of |
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77 | 77 | | the date of reimbursement of the grant-funded expenses or until the |
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78 | 78 | | date the vehicle has been in operation for 400,000 miles after the |
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79 | 79 | | date of reimbursement. Not less than 75 percent of the annual use |
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80 | 80 | | of the qualifying vehicle, either mileage or fuel use as determined |
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81 | 81 | | by the commission, must occur in: |
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82 | 82 | | (1) the counties any part of which are included in the |
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83 | 83 | | areas [area] described by Section 394.010(a-1) [394.010(a)]; or |
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84 | 84 | | (2) counties designated as nonattainment areas within |
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85 | 85 | | the meaning of Section 107(d) of the federal Clean Air Act (42 |
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86 | 86 | | U.S.C. Section 7407). |
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87 | 87 | | SECTION 7. The heading to Section 394.010, Health and |
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88 | 88 | | Safety Code, is amended to read as follows: |
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89 | 89 | | Sec. 394.010. CLEAN TRANSPORTATION TRIANGLES [TRIANGLE]. |
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90 | 90 | | SECTION 8. Section 394.010, Health and Safety Code, is |
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91 | 91 | | amended by amending Subsections (a) and (d) and adding Subsections |
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92 | 92 | | (a-1) and (a-2) to read as follows: |
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93 | 93 | | (a) In this section, "affected county" has the meaning |
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94 | 94 | | assigned by Section 386.001. |
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95 | 95 | | (a-1) To ensure that natural gas vehicles purchased, |
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96 | 96 | | leased, or otherwise commercially financed or repowered under the |
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97 | 97 | | program have access to fuel, and to build the foundation for a |
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98 | 98 | | self-sustaining market for natural gas vehicles in Texas, the |
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99 | 99 | | commission shall award grants to support the development of a |
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100 | 100 | | network of natural gas vehicle fueling stations: |
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101 | 101 | | (1) along the interstate highways connecting Houston, |
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102 | 102 | | San Antonio, Dallas, and Fort Worth; |
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103 | 103 | | (2) along the interstate highways connecting San |
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104 | 104 | | Antonio to Corpus Christi and Laredo and the highways connecting |
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105 | 105 | | Corpus Christi and Laredo that are in the state highway system; [,] |
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106 | 106 | | and |
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107 | 107 | | (3) in nonattainment areas and affected counties of |
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108 | 108 | | the state. |
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109 | 109 | | (a-2) In awarding the grants, the commission shall provide |
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110 | 110 | | for: |
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111 | 111 | | (1) strategically placed natural gas vehicle fueling |
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112 | 112 | | stations: |
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113 | 113 | | (A) in and between the Houston, San Antonio, and |
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114 | 114 | | Dallas-Fort Worth areas to enable a natural gas vehicle to travel in |
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115 | 115 | | that triangular area relying solely on natural gas fuel; |
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116 | 116 | | (B) in and between the Corpus Christi, Laredo, |
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117 | 117 | | and San Antonio areas to enable a natural gas vehicle to travel in |
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118 | 118 | | that triangular area relying solely on natural gas fuel; [,] and |
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119 | 119 | | (C) in nonattainment areas and affected counties |
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120 | 120 | | of the state, to enable a natural gas vehicle to travel in those |
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121 | 121 | | areas relying solely on natural gas fuel; |
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122 | 122 | | (2) the grants to be dispersed through a competitive |
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123 | 123 | | bidding process to offset a portion of the cost of installation of |
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124 | 124 | | the natural gas dispensing equipment; |
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125 | 125 | | (3) contracts that require the recipient stations to |
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126 | 126 | | meet operational, maintenance, and reporting requirements as |
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127 | 127 | | specified by the commission; and |
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128 | 128 | | (4) a listing, to be maintained by the commission and |
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129 | 129 | | made available to the public online, of all natural gas vehicle |
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130 | 130 | | fueling stations that have received grant funding, including |
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131 | 131 | | location and hours of operation. |
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132 | 132 | | (d) Stations funded by grants under this section must be |
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133 | 133 | | publicly accessible. In awarding grants for stations under this |
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134 | 134 | | section, the [The] commission shall give preference to: |
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135 | 135 | | (1) stations providing both liquefied natural gas and |
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136 | 136 | | compressed natural gas at a single location; |
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137 | 137 | | (2) stations located not more than one mile from an |
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138 | 138 | | interstate highway [system]; and |
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139 | 139 | | (3) stations located in the triangular areas described |
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140 | 140 | | by Subsections (a-2)(1)(A) and (B) [area between the Houston, San |
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141 | 141 | | Antonio, and Dallas-Fort Worth areas]. |
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142 | 142 | | SECTION 9. Section 394.012, Health and Safety Code, is |
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143 | 143 | | amended to read as follows: |
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144 | 144 | | Sec. 394.012. EXPIRATION. This chapter expires on the last |
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145 | 145 | | day of the state fiscal biennium during which the commission |
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146 | 146 | | publishes in the Texas Register certification that, with respect to |
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147 | 147 | | each national ambient air quality standard for ozone under 40 |
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148 | 148 | | C.F.R. Section 81.344, the United States Environmental Protection |
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149 | 149 | | Agency has, for each designated area under that section: |
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150 | 150 | | (1) designated the area as attainment or |
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151 | 151 | | unclassifiable; or |
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152 | 152 | | (2) approved a redesignation substitute making a |
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153 | 153 | | finding of attainment for the area [August 31, 2017]. |
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154 | 154 | | SECTION 10. This Act takes effect August 30, 2017, but only |
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155 | 155 | | if S.B. 26, or similar legislation of the 85th Legislature, Regular |
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156 | 156 | | Session, 2017, that changes the expiration dates for the Texas |
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157 | 157 | | emissions reduction plan and certain programs funded under that |
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158 | 158 | | plan and transfers provisions governing grants for natural gas |
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159 | 159 | | vehicle fueling facilities along interstate highways connecting |
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160 | 160 | | Houston, San Antonio, Dallas, and Fort Worth and in nonattainment |
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161 | 161 | | areas from the Texas natural gas vehicle grant program under |
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162 | 162 | | Chapter 394, Health and Safety Code, to the Texas alternative |
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163 | 163 | | fueling facility program under Chapter 393, Health and Safety Code, |
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164 | 164 | | does not become law. If such a bill becomes law, this Act has no |
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165 | 165 | | effect. |
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