TX
Texas Senate Bill SR939

Texas 2017 - 85th Regular

Texas Senate Bill SR939 Compare Versions

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1+85R34364 AAF-D
12 By: Birdwell S.R. No. 939
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34
4- SENATE RESOLUTION
5+ R E S O L U T I O N
56 BE IT RESOLVED by the Senate of the State of Texas, 85th
67 Legislature, Regular Session, 2017, That Senate Rule 12.03 be
78 suspended in part as provided by Senate Rule 12.08 to enable the
8- conference committee appointed to resolve the differences on
9- Senate Bill 1731 (the repeal of laws governing certain state
10- entities, including the functions of those entities) to consider
11- and take action on the following matters:
9+ conference committee appointed to resolve the differences on Senate
10+ Bill 1731 (the repeal of laws governing certain state entities,
11+ including the functions of those entities) to consider and take
12+ action on the following matters:
1213 (1) Senate Rule 12.03(4) is suspended to permit the
1314 committee to add text on a matter not included in either the house
1415 or senate version of the bill by adding the following text in
1516 proposed SECTION 8 of the bill:
16- SECTION 8. TEXAS EMISSIONS REDUCTION PLAN ADVISORY
17- BOARD.
17+ SECTION 8. TEXAS EMISSIONS REDUCTION PLAN ADVISORY BOARD.
1818 . . .
19- (b) To the extent of a conflict between Subsection (a-2)
20- of this section and any change in law made by another provision of
21- this section, the change in law made by the other provision of
22- this section controls.
19+ (b) To the extent of a conflict between Subsection (a-2) of
20+ this section and any change in law made by another provision of this
21+ section, the change in law made by the other provision of this
22+ section controls.
2323 (b-1) Effective on the date that the Texas Emissions
24- Reduction Plan Advisory Board is abolished under Subsection (a)
25- of this section, Subchapter B, Chapter 382, Health and Safety
26- Code, is amended by adding Section 382.037 to read as follows:
27- Sec. 382.037. NOTICE IN TEXAS REGISTER REGARDING
28- NATIONAL AMBIENT AIR QUALITY STANDARDS FOR OZONE. (a) This
29- section applies only if:
24+ Reduction Plan Advisory Board is abolished under Subsection (a) of
25+ this section, Subchapter B, Chapter 382, Health and Safety Code, is
26+ amended by adding Section 382.037 to read as follows:
27+ Sec. 382.037. NOTICE IN TEXAS REGISTER REGARDING NATIONAL
28+ AMBIENT AIR QUALITY STANDARDS FOR OZONE. (a) This section applies
29+ only if:
3030 (1) with respect to each active or revoked national
3131 ambient air quality standard for ozone referenced in 40 C.F.R.
32- Section 81.344, the United States Environmental Protection
33- Agency has, for each designated area referenced in that section:
32+ Section 81.344, the United States Environmental Protection Agency
33+ has, for each designated area referenced in that section:
3434 (A) designated the area as attainment or
3535 unclassifiable/attainment; or
36- (B) approved a redesignation substitute
37- making a finding of attainment for the area; and
38- (2) for each designated area described by
39- Subdivision (1), with respect to an action of the United States
40- Environmental Protection Agency described by Subdivision (1)(A)
41- or (B):
42- (A) the action has been fully and finally
43- upheld following judicial review or the limitations period to
44- seek judicial review of the action has expired; and
45- (B) the rules under which the action was
46- approved by the agency have been fully and finally upheld
36+ (B) approved a redesignation substitute making a
37+ finding of attainment for the area; and
38+ (2) for each designated area described by Subdivision
39+ (1), with respect to an action of the United States Environmental
40+ Protection Agency described by Subdivision (1)(A) or (B):
41+ (A) the action has been fully and finally upheld
4742 following judicial review or the limitations period to seek
48- judicial review of those rules has expired.
43+ judicial review of the action has expired; and
44+ (B) the rules under which the action was approved
45+ by the agency have been fully and finally upheld following judicial
46+ review or the limitations period to seek judicial review of those
47+ rules has expired.
4948 (b) Not later than the 30th day after the date the
5049 conditions described by Subsection (a) have been met, the
5150 commission shall publish notice in the Texas Register that, with
5251 respect to each active or revoked national ambient air quality
5352 standard for ozone referenced in 40 C.F.R. Section 81.344, the
5453 United States Environmental Protection Agency has, for each
5554 designated area referenced in that section:
5655 (1) designated the area as attainment or
5756 unclassifiable/attainment; or
5857 (2) approved a redesignation substitute making a
5958 finding of attainment for the area.
6059 (b-2) Effective on the date that the Texas Emissions
61- Reduction Plan Advisory Board is abolished under Subsection (a)
62- of this section, Section 386.001(3), Health and Safety Code, is
60+ Reduction Plan Advisory Board is abolished under Subsection (a) of
61+ this section, Section 386.001(3), Health and Safety Code, is
6362 amended to read as follows:
6463 (3) "Commission" means the Texas [Natural Resource
6564 Conservation] Commission on Environmental Quality.
66- (c) Effective on the date that the Texas Emissions
67- Reduction Plan Advisory Board is abolished under Subsection (a)
68- of this section, Section 386.002, Health and Safety Code, is
69- amended to read as follows:
70- Sec. 386.002. EXPIRATION. This chapter expires on the
71- last day of the state fiscal biennium during which the commission
65+ (c) Effective on the date that the Texas Emissions Reduction
66+ Plan Advisory Board is abolished under Subsection (a) of this
67+ section, Section 386.002, Health and Safety Code, is amended to
68+ read as follows:
69+ Sec. 386.002. EXPIRATION. This chapter expires on the last
70+ day of the state fiscal biennium during which the commission
7271 publishes in the Texas Register the notice required by Section
7372 382.037 [August 31, 2019].
7473 (c-1) Effective on the date that the Texas Emissions
75- Reduction Plan Advisory Board is abolished under Subsection (a)
76- of this section, Section 386.051(b), Health and Safety Code, is
74+ Reduction Plan Advisory Board is abolished under Subsection (a) of
75+ this section, Section 386.051(b), Health and Safety Code, is
7776 amended to read as follows:
78- (b) Under the plan, the commission and the comptroller
79- shall provide grants or other funding for:
80- (1) the diesel emissions reduction incentive
81- program established under Subchapter C, including for
82- infrastructure projects established under that subchapter;
77+ (b) Under the plan, the commission and the comptroller shall
78+ provide grants or other funding for:
79+ (1) the diesel emissions reduction incentive program
80+ established under Subchapter C, including for infrastructure
81+ projects established under that subchapter;
8382 (2) the motor vehicle purchase or lease incentive
8483 program established under Subchapter D;
8584 (3) the air quality research support program
8685 established under Chapter 387;
8786 (4) the clean school bus program established under
8887 Chapter 390;
8988 (5) the new technology implementation grant program
9089 established under Chapter 391;
9190 (6) the regional air monitoring program established
9291 under Section 386.252(a);
9392 (7) a health effects study as provided by Section
9493 386.252(a);
9594 (8) air quality planning activities as provided by
9695 Section 386.252(d) [386.252(a)];
9796 (9) a contract with the Energy Systems Laboratory at
9897 the Texas A&M Engineering Experiment Station for computation of
9998 creditable statewide emissions reductions as provided by Section
10099 386.252(a) [386.252(a)(14)];
101- (10) the clean fleet program established under
102- Chapter 392;
100+ (10) the clean fleet program established under Chapter
101+ 392;
103102 (11) the alternative fueling facilities program
104103 established under Chapter 393;
105- (12) the natural gas vehicle grant program [and
106- clean transportation triangle program] established under Chapter
107- 394;
104+ (12) the natural gas vehicle grant program [and clean
105+ transportation triangle program] established under Chapter 394;
108106 (13) other programs the commission may develop that
109- lead to reduced emissions of nitrogen oxides, particulate
110- matter, or volatile organic compounds in a nonattainment area or
111- affected county;
107+ lead to reduced emissions of nitrogen oxides, particulate matter,
108+ or volatile organic compounds in a nonattainment area or affected
109+ county;
112110 (14) other programs the commission may develop that
113111 support congestion mitigation to reduce mobile source ozone
114112 precursor emissions; [and]
115113 (15) the seaport and rail yard areas emissions
116114 reduction [drayage truck incentive] program established under
117115 Subchapter D-1;
118116 (16) conducting research and other activities
119- associated with making any necessary demonstrations to the
120- United States Environmental Protection Agency to account for the
121- impact of foreign emissions or an exceptional event;
117+ associated with making any necessary demonstrations to the United
118+ States Environmental Protection Agency to account for the impact of
119+ foreign emissions or an exceptional event;
122120 (17) studies of or pilot programs for incentives for
123121 port authorities located in nonattainment areas or affected
124122 counties as provided by Section 386.252(a); and
125123 (18) the governmental alternative fuel fleet grant
126124 program established under Chapter 395.
127125 (c-2) Effective on the date that the Texas Emissions
128- Reduction Plan Advisory Board is abolished under Subsection (a)
129- of this section, Sections 386.0515(a) and (c), Health and Safety
130- Code, are amended to read as follows:
126+ Reduction Plan Advisory Board is abolished under Subsection (a) of
127+ this section, Sections 386.0515(a) and (c), Health and Safety Code,
128+ are amended to read as follows:
131129 (a) In this section:
132130 (1) "Agricultural[, "agricultural] product
133131 transportation" means the transportation of a raw agricultural
134132 product from the place of production using a heavy-duty truck to:
135133 (A) [(1)] a nonattainment area;
136134 (B) [(2)] an affected county;
137135 (C) [(3)] a destination inside the clean
138136 transportation zone [triangle]; or
139- (D) [(4)] a county adjacent to a county
140- described by Paragraph (B) [Subdivision (2)] or that contains an
141- area described by Paragraph (A) or (C) [Subdivision (1) or (3)].
137+ (D) [(4)] a county adjacent to a county described
138+ by Paragraph (B) [Subdivision (2)] or that contains an area
139+ described by Paragraph (A) or (C) [Subdivision (1) or (3)].
142140 (2) "Clean transportation zone" has the meaning
143141 assigned by Section 393.001.
144142 (c) The determining factor for eligibility for
145143 participation in a program established under Chapter 392 or
146- [Chapter] 394[, as added by Chapter 892 (Senate Bill No. 385),
147- Acts of the 82nd Legislature, Regular Session, 2011,] for a
148- project relating to agricultural product transportation is the
149- overall accumulative net reduction in emissions of oxides of
150- nitrogen in a nonattainment area, an affected county, or the
151- clean transportation zone [triangle].
144+ [Chapter] 394[, as added by Chapter 892 (Senate Bill No. 385), Acts
145+ of the 82nd Legislature, Regular Session, 2011,] for a project
146+ relating to agricultural product transportation is the overall
147+ accumulative net reduction in emissions of oxides of nitrogen in a
148+ nonattainment area, an affected county, or the clean transportation
149+ zone [triangle].
152150 . . .
153151 (d-1) Effective on the date that the Texas Emissions
154- Reduction Plan Advisory Board is abolished under Subsection (a)
155- of this section, Section 386.103, Health and Safety Code, is
156- amended by adding Subsection (c) to read as follows:
157- (c) To reduce the administrative burden for the
158- commission and applicants, the commission may streamline the
159- application process by:
160- (1) reducing data entry and the copying and
161- recopying of applications; and
152+ Reduction Plan Advisory Board is abolished under Subsection (a) of
153+ this section, Section 386.103, Health and Safety Code, is amended
154+ by adding Subsection (c) to read as follows:
155+ (c) To reduce the administrative burden for the commission
156+ and applicants, the commission may streamline the application
157+ process by:
158+ (1) reducing data entry and the copying and recopying
159+ of applications; and
162160 (2) developing, maintaining, and periodically
163- updating a system to accept applications electronically through
164- the commission's Internet website.
161+ updating a system to accept applications electronically through the
162+ commission's Internet website.
165163 (d-2) Effective on the date that the Texas Emissions
166- Reduction Plan Advisory Board is abolished under Subsection (a)
167- of this section, Sections 386.104(f) and (j), Health and Safety
168- Code, are amended to read as follows:
164+ Reduction Plan Advisory Board is abolished under Subsection (a) of
165+ this section, Sections 386.104(f) and (j), Health and Safety Code,
166+ are amended to read as follows:
169167 . . .
170168 (j) The executive director may [shall] waive any
171169 eligibility requirements established under this section on a
172- finding of good cause, which may include a waiver for short
173- lapses in registration or operation attributable to economic
174- conditions, seasonal work, or other circumstances.
170+ finding of good cause, which may include a waiver for short lapses
171+ in registration or operation attributable to economic conditions,
172+ seasonal work, or other circumstances.
175173 . . .
176174 (e-1) Effective on the date that the Texas Emissions
177- Reduction Plan Advisory Board is abolished under Subsection (a)
178- of this section, Sections 386.116(a), (b), and (c), Health and
179- Safety Code, are amended to read as follows:
180- (a) In this section, "small business" means a business
181- owned by a person who:
175+ Reduction Plan Advisory Board is abolished under Subsection (a) of
176+ this section, Sections 386.116(a), (b), and (c), Health and Safety
177+ Code, are amended to read as follows:
178+ (a) In this section, "small business" means a business owned
179+ by a person who:
182180 (1) owns and operates not more than five [two]
183181 vehicles, one of which is:
184182 (A) an on-road diesel [with a pre-1994 engine
185183 model]; or
186184 (B) a non-road diesel [with an engine with
187185 uncontrolled emissions]; and
188186 (2) has owned the vehicle described by Subdivision
189187 (1)(A) or (B) for more than two years [one year].
190188 (b) The commission [by rule] shall develop a method of
191189 providing fast and simple access to grants under this subchapter
192190 for a small business. The method must:
193- (1) create a separate small business grant program;
194- or
191+ (1) create a separate small business grant program; or
195192 (2) require the commission to give special
196193 consideration to small businesses when implementing another
197194 program established under this subchapter.
198195 (c) The commission shall publicize and promote the
199- availability of grants under this subchapter for small
200- businesses [section] to encourage the use of vehicles that
201- produce fewer emissions.
196+ availability of grants under this subchapter for small businesses
197+ [section] to encourage the use of vehicles that produce fewer
198+ emissions.
202199 (e-2) Effective on the date that the Texas Emissions
203- Reduction Plan Advisory Board is abolished under Subsection (a)
204- of this section, Chapter 386, Health and Safety Code, is amended
205- by adding Subchapter D to read as follows:
200+ Reduction Plan Advisory Board is abolished under Subsection (a) of
201+ this section, Chapter 386, Health and Safety Code, is amended by
202+ adding Subchapter D to read as follows:
206203 SUBCHAPTER D. MOTOR VEHICLE PURCHASE OR LEASE INCENTIVE PROGRAM
207204 Sec. 386.151. DEFINITIONS. In this subchapter:
208- (1) "Light-duty motor vehicle" means a motor
209- vehicle with a gross vehicle weight rating of less than 10,000
210- pounds.
205+ (1) "Light-duty motor vehicle" means a motor vehicle
206+ with a gross vehicle weight rating of less than 10,000 pounds.
211207 (2) "Motor vehicle" means a self-propelled device
212208 designed for transporting persons or property on a public highway
213- that is required to be registered under Chapter 502,
214- Transportation Code.
209+ that is required to be registered under Chapter 502, Transportation
210+ Code.
215211 Sec. 386.152. APPLICABILITY. The provisions of this
216212 subchapter relating to a lessee do not apply to a person who rents
217- or leases a light-duty motor vehicle for a term of 30 days or
218- less.
219- Sec. 386.153. COMMISSION DUTIES REGARDING LIGHT-DUTY
220- MOTOR VEHICLE PURCHASE OR LEASE INCENTIVE PROGRAM. (a) The
221- commission shall develop a purchase or lease incentive program
222- for new light-duty motor vehicles and shall adopt rules necessary
223- to implement the program.
213+ or leases a light-duty motor vehicle for a term of 30 days or less.
214+ Sec. 386.153. COMMISSION DUTIES REGARDING LIGHT-DUTY MOTOR
215+ VEHICLE PURCHASE OR LEASE INCENTIVE PROGRAM. (a) The commission
216+ shall develop a purchase or lease incentive program for new
217+ light-duty motor vehicles and shall adopt rules necessary to
218+ implement the program.
224219 (b) The program shall authorize statewide incentives for
225220 the purchase or lease of new light-duty motor vehicles powered by
226- compressed natural gas, liquefied petroleum gas, or hydrogen
227- fuel cell or other electric drives for a purchaser or lessee who
228- agrees to register and operate the vehicle in this state for a
229- minimum period of time to be established by the commission.
221+ compressed natural gas, liquefied petroleum gas, or hydrogen fuel
222+ cell or other electric drives for a purchaser or lessee who agrees
223+ to register and operate the vehicle in this state for a minimum
224+ period of time to be established by the commission.
230225 (c) Only one incentive will be provided for each new
231226 light-duty motor vehicle. The incentive shall be provided to the
232227 lessee and not to the purchaser if the motor vehicle is purchased
233228 for the purpose of leasing the vehicle to another person.
234- (d) The commission by rule may revise the standards for
235- the maximum unloaded vehicle weight rating and gross vehicle
236- weight rating of an eligible vehicle to ensure that all of the
237- vehicle weight configurations available under one general
238- vehicle model may be eligible for an incentive.
229+ (d) The commission by rule may revise the standards for the
230+ maximum unloaded vehicle weight rating and gross vehicle weight
231+ rating of an eligible vehicle to ensure that all of the vehicle
232+ weight configurations available under one general vehicle model may
233+ be eligible for an incentive.
239234 Sec. 386.154. LIGHT-DUTY MOTOR VEHICLE PURCHASE OR LEASE
240235 INCENTIVE REQUIREMENTS. (a) A new light-duty motor vehicle
241236 powered by compressed natural gas or liquefied petroleum gas is
242237 eligible for a $5,000 incentive if the vehicle:
243238 (1) has four wheels;
244- (2) was originally manufactured to comply with and
245- has been certified by an original equipment manufacturer or
246- intermediate or final state vehicle manufacturer as complying
247- with, or has been altered to comply with, federal motor vehicle
248- safety standards, state emissions regulations, and any
249- additional federal or state regulations applicable to vehicles
250- powered by compressed natural gas or liquefied petroleum gas;
239+ (2) was originally manufactured to comply with and has
240+ been certified by an original equipment manufacturer or
241+ intermediate or final state vehicle manufacturer as complying with,
242+ or has been altered to comply with, federal motor vehicle safety
243+ standards, state emissions regulations, and any additional federal
244+ or state regulations applicable to vehicles powered by compressed
245+ natural gas or liquefied petroleum gas;
251246 (3) was manufactured for use primarily on public
252247 streets, roads, and highways;
253- (4) has a dedicated or bi-fuel compressed natural
254- gas or liquefied petroleum gas fuel system:
255- (A) installed prior to first sale or within
256- 500 miles of operation of the vehicle following first sale; and
248+ (4) has a dedicated or bi-fuel compressed natural gas
249+ or liquefied petroleum gas fuel system:
250+ (A) installed prior to first sale or within 500
251+ miles of operation of the vehicle following first sale; and
257252 (B) with a range of at least 125 miles as
258253 estimated, published, and updated by the United States
259254 Environmental Protection Agency;
260255 (5) has, as applicable, a:
261256 (A) compressed natural gas fuel system that
262257 complies with the:
263258 (i) 2013 NFPA 52 Vehicular Gaseous Fuel
264259 Systems Code; and
265- (ii) American National Standard for
266- Basic Requirements for Compressed Natural Gas Vehicle (NGV) Fuel
260+ (ii) American National Standard for Basic
261+ Requirements for Compressed Natural Gas Vehicle (NGV) Fuel
267262 Containers, commonly cited as "ANSI/CSA NGV2"; or
268263 (B) liquefied petroleum gas fuel system that
269264 complies with:
270265 (i) the 2011 NFPA 58 Liquefied Petroleum
271266 Gas Code; and
272- (ii) Section VII of the 2013 ASME Boiler
273- and Pressure Vessel Code; and
267+ (ii) Section VII of the 2013 ASME Boiler and
268+ Pressure Vessel Code; and
274269 (6) was acquired on or after September 1, 2013, or a
275270 later date established by the commission, by the person applying
276- for the incentive under this subsection and for use or lease by
277- that person and not for resale.
278- (b) If the commission determines that an updated version
279- of a code or standard described by Subsection (a)(5) is more
280- stringent than the version of the code or standard described by
281- Subsection (a)(5), the commission by rule may provide that a
282- vehicle for which a person applies for an incentive under
283- Subsection (a) is eligible for the incentive only if the vehicle
284- complies with the updated version of the code or standard.
285- (c) The incentive under Subsection (a) is limited to
286- 1,000 vehicles for each state fiscal biennium.
271+ for the incentive under this subsection and for use or lease by that
272+ person and not for resale.
273+ (b) If the commission determines that an updated version of
274+ a code or standard described by Subsection (a)(5) is more stringent
275+ than the version of the code or standard described by Subsection
276+ (a)(5), the commission by rule may provide that a vehicle for which
277+ a person applies for an incentive under Subsection (a) is eligible
278+ for the incentive only if the vehicle complies with the updated
279+ version of the code or standard.
280+ (c) The incentive under Subsection (a) is limited to 1,000
281+ vehicles for each state fiscal biennium.
287282 (d) A new light-duty motor vehicle powered by an electric
288283 drive is eligible for a $2,500 incentive if the vehicle:
289284 (1) has four wheels;
290285 (2) was manufactured for use primarily on public
291286 streets, roads, and highways;
292287 (3) has not been modified from the original
293288 manufacturer's specifications;
294- (4) has a maximum speed capability of at least 55
295- miles per hour;
289+ (4) has a maximum speed capability of at least 55 miles
290+ per hour;
296291 (5) is propelled to a significant extent by an
297- electric motor that draws electricity from a hydrogen fuel cell
298- or from a battery that:
299- (A) has a capacity of not less than four
300- kilowatt hours; and
292+ electric motor that draws electricity from a hydrogen fuel cell or
293+ from a battery that:
294+ (A) has a capacity of not less than four kilowatt
295+ hours; and
301296 (B) is capable of being recharged from an
302297 external source of electricity; and
303298 (6) was acquired on or after September 1, 2013, or a
304- later date as established by the commission, by the person
305- applying for the incentive under this subsection and for use or
306- lease by that person and not for resale.
307- (e) The incentive under Subsection (d) is limited to
308- 2,000 vehicles for each state fiscal biennium.
309- Sec. 386.155. MANUFACTURER'S REPORT. (a) At the
310- beginning of but not later than July 1 of each year preceding the
311- vehicle model year, a manufacturer of motor vehicles, an
312- intermediate or final state vehicle manufacturer, or a
313- manufacturer of compressed natural gas or liquefied petroleum
314- gas systems shall provide to the commission a list of the new
315- vehicle or natural gas or liquefied petroleum gas systems models
316- that the manufacturer intends to sell in this state during that
317- model year that meet the incentive requirements established
318- under Section 386.154. The manufacturer or installer may
319- supplement the list provided to the commission under this section
320- as necessary to include additional new vehicle models the
321- manufacturer intends to sell in this state during the model year.
322- (b) The commission may supplement the information
323- provided under Subsection (a) with additional information on
324- available vehicle models, including information provided by
325- manufacturers or installers of systems to convert new motor
326- vehicles to operate on natural gas or liquefied petroleum gas
327- before sale as a new vehicle or within 500 miles of operation of
328- the vehicle following first sale.
299+ later date as established by the commission, by the person applying
300+ for the incentive under this subsection and for use or lease by that
301+ person and not for resale.
302+ (e) The incentive under Subsection (d) is limited to 2,000
303+ vehicles for each state fiscal biennium.
304+ Sec. 386.155. MANUFACTURER'S REPORT. (a) At the beginning
305+ of but not later than July 1 of each year preceding the vehicle
306+ model year, a manufacturer of motor vehicles, an intermediate or
307+ final state vehicle manufacturer, or a manufacturer of compressed
308+ natural gas or liquefied petroleum gas systems shall provide to the
309+ commission a list of the new vehicle or natural gas or liquefied
310+ petroleum gas systems models that the manufacturer intends to sell
311+ in this state during that model year that meet the incentive
312+ requirements established under Section 386.154. The manufacturer
313+ or installer may supplement the list provided to the commission
314+ under this section as necessary to include additional new vehicle
315+ models the manufacturer intends to sell in this state during the
316+ model year.
317+ (b) The commission may supplement the information provided
318+ under Subsection (a) with additional information on available
319+ vehicle models, including information provided by manufacturers or
320+ installers of systems to convert new motor vehicles to operate on
321+ natural gas or liquefied petroleum gas before sale as a new vehicle
322+ or within 500 miles of operation of the vehicle following first
323+ sale.
329324 Sec. 386.156. LIST OF ELIGIBLE MOTOR VEHICLES. (a) On
330325 August 1 of each year the commission shall publish a list of new
331326 motor vehicle models eligible for inclusion in an incentive under
332- this subchapter. The commission shall publish supplements to
333- that list as necessary to include additional new vehicle models.
334- (b) The commission shall publish the list of eligible
335- motor vehicle models on the commission's Internet website.
327+ this subchapter. The commission shall publish supplements to that
328+ list as necessary to include additional new vehicle models.
329+ (b) The commission shall publish the list of eligible motor
330+ vehicle models on the commission's Internet website.
336331 Sec. 386.157. LIGHT-DUTY MOTOR VEHICLE PURCHASE OR LEASE
337- INCENTIVE. (a) A person who purchases or leases a new
338- light-duty motor vehicle described by Section 386.154 and listed
339- under Section 386.156(a) is eligible to apply for an incentive
340- under this subchapter.
332+ INCENTIVE. (a) A person who purchases or leases a new light-duty
333+ motor vehicle described by Section 386.154 and listed under Section
334+ 386.156(a) is eligible to apply for an incentive under this
335+ subchapter.
341336 (b) A lease incentive for a new light-duty motor vehicle
342337 shall be prorated based on a three-year lease term.
343- (c) To receive money under an incentive program provided
344- by this subchapter, the purchaser or lessee of a new light-duty
345- motor vehicle who is eligible to apply for an incentive under
346- this subchapter shall apply for the incentive in the manner
347- provided by law or by rule of the commission.
338+ (c) To receive money under an incentive program provided by
339+ this subchapter, the purchaser or lessee of a new light-duty motor
340+ vehicle who is eligible to apply for an incentive under this
341+ subchapter shall apply for the incentive in the manner provided by
342+ law or by rule of the commission.
348343 Sec. 386.158. COMMISSION TO ACCOUNT FOR MOTOR VEHICLE
349344 PURCHASE OR LEASE INCENTIVES. (a) The commission by rule shall
350345 develop a method to administer and account for the motor vehicle
351346 purchase or lease incentives authorized by this subchapter and to
352347 pay incentive money to the purchaser or lessee of a new motor
353348 vehicle, on application of the purchaser or lessee as provided by
354349 this subchapter.
355350 (b) The commission shall develop and publish forms and
356- instructions for the purchaser or lessee of a new motor vehicle
357- to use in applying to the commission for an incentive payment
358- under this subchapter. The commission shall make the forms
359- available to new motor vehicle dealers and leasing agents.
360- Dealers and leasing agents shall make the forms available to
361- their prospective purchasers or lessees.
362- (c) The commission may require the submission of forms
363- and documentation as needed to verify eligibility for an
364- incentive under this subchapter.
351+ instructions for the purchaser or lessee of a new motor vehicle to
352+ use in applying to the commission for an incentive payment under
353+ this subchapter. The commission shall make the forms available to
354+ new motor vehicle dealers and leasing agents. Dealers and leasing
355+ agents shall make the forms available to their prospective
356+ purchasers or lessees.
357+ (c) The commission may require the submission of forms and
358+ documentation as needed to verify eligibility for an incentive
359+ under this subchapter.
365360 Sec. 386.159. PURCHASE OR LEASE INCENTIVES INFORMATION.
366361 (a) The commission shall establish a toll-free telephone number
367362 available to motor vehicle dealers and leasing agents for the
368- dealers and agents to call to verify that incentives are
369- available. The commission may provide for issuing verification
370- numbers over the telephone line.
363+ dealers and agents to call to verify that incentives are available.
364+ The commission may provide for issuing verification numbers over
365+ the telephone line.
371366 (b) Reliance by a dealer or leasing agent on information
372367 provided by the commission is a complete defense to an action
373- involving or based on eligibility of a vehicle for an incentive
374- or availability of vehicles eligible for an incentive.
368+ involving or based on eligibility of a vehicle for an incentive or
369+ availability of vehicles eligible for an incentive.
375370 Sec. 386.160. RESERVATION OF INCENTIVES. The commission
376- may provide for dealers and leasing agents to reserve for a
377- limited time period incentives for vehicles that are not readily
378- available and must be ordered, if the dealer or leasing agent has
379- a purchase or lease order signed by an identified customer.
380- (f) Effective on the date that the Texas Emissions
381- Reduction Plan Advisory Board is abolished under Subsection (a)
382- of this section, the heading to Subchapter D-1, Chapter 386,
383- Health and Safety Code, is amended to read as follows:
371+ may provide for dealers and leasing agents to reserve for a limited
372+ time period incentives for vehicles that are not readily available
373+ and must be ordered, if the dealer or leasing agent has a purchase
374+ or lease order signed by an identified customer.
375+ (f) Effective on the date that the Texas Emissions Reduction
376+ Plan Advisory Board is abolished under Subsection (a) of this
377+ section, the heading to Subchapter D-1, Chapter 386, Health and
378+ Safety Code, is amended to read as follows:
384379 SUBCHAPTER D-1. SEAPORT AND RAIL YARD AREAS EMISSIONS REDUCTION
385380 [DRAYAGE TRUCK INCENTIVE] PROGRAM
386381 (f-1) Effective on the date that the Texas Emissions
387- Reduction Plan Advisory Board is abolished under Subsection (a)
388- of this section, the heading to Section 386.181, Health and
389- Safety Code, is amended to read as follows:
382+ Reduction Plan Advisory Board is abolished under Subsection (a) of
383+ this section, the heading to Section 386.181, Health and Safety
384+ Code, is amended to read as follows:
390385 Sec. 386.181. DEFINITIONS [DEFINITION]; RULES.
391386 (f-2) Effective on the date that the Texas Emissions
392- Reduction Plan Advisory Board is abolished under Subsection (a)
393- of this section, Section 386.181(a), Health and Safety Code, is
387+ Reduction Plan Advisory Board is abolished under Subsection (a) of
388+ this section, Section 386.181(a), Health and Safety Code, is
394389 amended to read as follows:
395390 (a) In this subchapter:
396391 (1) "Cargo handling equipment" means any heavy-duty
397- non-road, self-propelled vehicle or land-based equipment used at
398- a seaport or rail yard to lift or move cargo, such as
399- containerized, bulk, or break-bulk goods.
392+ non-road, self-propelled vehicle or land-based equipment used at a
393+ seaport or rail yard to lift or move cargo, such as containerized,
394+ bulk, or break-bulk goods.
400395 (2) "Drayage [, "drayage] truck" means a heavy-duty
401- on-road or non-road vehicle that is used for drayage activities
402- and that operates in or transgresses through [truck that
403- transports a load to or from] a seaport or rail yard for the
404- purpose of loading, unloading, or transporting cargo, including
405- transporting empty containers and chassis.
406- (3) "Repower" means to replace an old engine
407- powering a vehicle with a new engine, a used engine, a
408- remanufactured engine, or electric motors, drives, or fuel
409- cells.
410- (g) Effective on the date that the Texas Emissions
411- Reduction Plan Advisory Board is abolished under Subsection (a)
412- of this section, Section 386.182, Health and Safety Code, is
413- amended to read as follows:
396+ on-road or non-road vehicle that is used for drayage activities and
397+ that operates in or transgresses through [truck that transports a
398+ load to or from] a seaport or rail yard for the purpose of loading,
399+ unloading, or transporting cargo, including transporting empty
400+ containers and chassis.
401+ (3) "Repower" means to replace an old engine powering
402+ a vehicle with a new engine, a used engine, a remanufactured engine,
403+ or electric motors, drives, or fuel cells.
404+ (g) Effective on the date that the Texas Emissions Reduction
405+ Plan Advisory Board is abolished under Subsection (a) of this
406+ section, Section 386.182, Health and Safety Code, is amended to
407+ read as follows:
414408 Sec. 386.182. COMMISSION DUTIES. (a) The commission
415409 shall:
416- (1) develop a purchase incentive program to
417- encourage owners to:
410+ (1) develop a purchase incentive program to encourage
411+ owners to:
418412 (A) replace older drayage trucks and cargo
419413 handling equipment [with pre-2007 model year engines] with newer
420414 drayage trucks and cargo handling equipment; or
421415 (B) repower drayage trucks and cargo handling
422416 equipment; and
423417 (2) [shall] adopt guidelines necessary to implement
424418 the program described by Subdivision (1).
425419 (b) The commission by rule and guideline shall establish
426- criteria for the engines and the models of drayage trucks and
427- cargo handling equipment that are eligible for inclusion in an
428- incentive program under this subchapter. [The guidelines must
429- provide that a drayage truck owner is not eligible for an
430- incentive payment under this subchapter unless the truck being
431- replaced contains a pre-2007 model year engine and the
432- replacement truck's engine is from model year 2010 or later as
433- determined by the commission and that the truck operates at a
434- seaport or rail yard.]
420+ criteria for the engines and the models of drayage trucks and cargo
421+ handling equipment that are eligible for inclusion in an incentive
422+ program under this subchapter. [The guidelines must provide that a
423+ drayage truck owner is not eligible for an incentive payment under
424+ this subchapter unless the truck being replaced contains a pre-2007
425+ model year engine and the replacement truck's engine is from model
426+ year 2010 or later as determined by the commission and that the
427+ truck operates at a seaport or rail yard.]
435428 (g-1) Effective on the date that the Texas Emissions
436- Reduction Plan Advisory Board is abolished under Subsection (a)
437- of this section, the heading to Section 386.183, Health and
438- Safety Code, is amended to read as follows:
429+ Reduction Plan Advisory Board is abolished under Subsection (a) of
430+ this section, the heading to Section 386.183, Health and Safety
431+ Code, is amended to read as follows:
439432 Sec. 386.183. DRAYAGE TRUCK AND CARGO HANDLING EQUIPMENT
440433 PURCHASE INCENTIVE.
441434 (g-2) Effective on the date that the Texas Emissions
442- Reduction Plan Advisory Board is abolished under Subsection (a)
443- of this section, Section 386.183, Health and Safety Code, is
444- amended by amending Subsections (a), (b), (c), (d), and (e) and
445- adding Subsection (a-1) to read as follows:
446- (a) To be eligible for an incentive under this
447- subchapter, a person must:
435+ Reduction Plan Advisory Board is abolished under Subsection (a) of
436+ this section, Section 386.183, Health and Safety Code, is amended
437+ by amending Subsections (a), (b), (c), (d), and (e) and adding
438+ Subsection (a-1) to read as follows:
439+ (a) To be eligible for an incentive under this subchapter, a
440+ person must:
448441 (1) purchase a replacement drayage truck, piece of
449442 cargo handling equipment, or engine that under Subsection
450- (a-1)(1)(A) or (2)(A), as applicable, and the guidelines adopted
451- by the commission under Section 386.182 is eligible for inclusion
452- in the program for an incentive under this subchapter; and
443+ (a-1)(1)(A) or (2)(A), as applicable, and the guidelines adopted by
444+ the commission under Section 386.182 is eligible for inclusion in
445+ the program for an incentive under this subchapter; and
453446 (2) agree to:
454- (A) register the drayage truck in this state,
455- if the replacement or repowered vehicle is an on-road drayage
456- truck;
457- (B) operate the replacement or repowered
458- drayage truck or cargo handling equipment in and within a maximum
459- distance established by the commission of a seaport or rail yard
460- in a nonattainment area of this state for not less than 50 percent
461- of the truck's or equipment's [vehicle's] annual mileage or hours
462- of operation, as determined by the commission; and
463- (C) permanently remove the [a pre-2007]
464- drayage truck, cargo handling equipment, or engine replaced
465- under the program [containing a pre-2007 engine owned by the
466- person] from operation in a nonattainment area of this state by
467- destroying the engine in accordance with guidelines established
468- by the commission and, if the incentive is for a replacement
469- drayage truck or cargo handling equipment, scrapping the truck or
470- equipment after the purchase of the replacement [new] truck or
471- equipment in accordance with guidelines established by the
472- commission.
447+ (A) register the drayage truck in this state, if
448+ the replacement or repowered vehicle is an on-road drayage truck;
449+ (B) operate the replacement or repowered drayage
450+ truck or cargo handling equipment in and within a maximum distance
451+ established by the commission of a seaport or rail yard in a
452+ nonattainment area of this state for not less than 50 percent of the
453+ truck's or equipment's [vehicle's] annual mileage or hours of
454+ operation, as determined by the commission; and
455+ (C) permanently remove the [a pre-2007] drayage
456+ truck, cargo handling equipment, or engine replaced under the
457+ program [containing a pre-2007 engine owned by the person] from
458+ operation in a nonattainment area of this state by destroying the
459+ engine in accordance with guidelines established by the commission
460+ and, if the incentive is for a replacement drayage truck or cargo
461+ handling equipment, scrapping the truck or equipment after the
462+ purchase of the replacement [new] truck or equipment in accordance
463+ with guidelines established by the commission.
473464 (a-1) To be eligible for purchase under this program:
474- (1) a drayage truck or cargo handling equipment
475- must:
476- (A) be powered by an electric motor or contain
477- an engine certified to the current federal emissions standards
478- applicable to that type of engine, as determined by the
479- commission; and
480- (B) emit oxides of nitrogen at a rate that is
481- at least 25 percent less than the rate at which the truck or
482- equipment being replaced under the program emits such
483- pollutants; and
465+ (1) a drayage truck or cargo handling equipment must:
466+ (A) be powered by an electric motor or contain an
467+ engine certified to the current federal emissions standards
468+ applicable to that type of engine, as determined by the commission;
469+ and
470+ (B) emit oxides of nitrogen at a rate that is at
471+ least 25 percent less than the rate at which the truck or equipment
472+ being replaced under the program emits such pollutants; and
484473 (2) an engine repowering a drayage truck or cargo
485474 handling equipment must:
486- (A) be an electric motor or an engine
487- certified to the current federal emissions standards applicable
488- to that type of engine, as determined by the commission; and
489- (B) emit oxides of nitrogen at a rate that is
490- at least 25 percent less than the rate at which the former engine
491- in the truck or equipment being repowered under the program emits
492- such pollutants.
493- (b) To receive money under an incentive program provided
494- by this subchapter, the purchaser of a drayage truck, piece of
495- cargo handling equipment, or engine eligible for inclusion in the
496- program must apply for the incentive in the manner provided by
497- law, rule, or guideline of the commission.
475+ (A) be an electric motor or an engine certified
476+ to the current federal emissions standards applicable to that type
477+ of engine, as determined by the commission; and
478+ (B) emit oxides of nitrogen at a rate that is at
479+ least 25 percent less than the rate at which the former engine in
480+ the truck or equipment being repowered under the program emits such
481+ pollutants.
482+ (b) To receive money under an incentive program provided by
483+ this subchapter, the purchaser of a drayage truck, piece of cargo
484+ handling equipment, or engine eligible for inclusion in the program
485+ must apply for the incentive in the manner provided by law, rule, or
486+ guideline of the commission.
498487 (c) Not more than one incentive may be provided for each
499488 drayage truck or piece of cargo handling equipment purchased or
500489 repowered.
501- (d) An incentive provided under this subchapter may be
502- used to fund not more than 80 percent of, as applicable, the
503- purchase price of:
504- (1) the drayage truck or cargo handling equipment;
505- or
506- (2) the engine and any other eligible costs
507- associated with repowering the drayage truck or cargo handling
508- equipment, as determined by the commission.
490+ (d) An incentive provided under this subchapter may be used
491+ to fund not more than 80 percent of, as applicable, the purchase
492+ price of:
493+ (1) the drayage truck or cargo handling equipment; or
494+ (2) the engine and any other eligible costs associated
495+ with repowering the drayage truck or cargo handling equipment, as
496+ determined by the commission.
509497 (e) The commission shall establish procedures to verify
510498 that a person who receives an incentive:
511- (1) has operated in a seaport or rail yard and owned
512- or leased the drayage truck or cargo handling equipment to be
513- replaced or repowered for at least two years prior to receiving
514- the grant; and
499+ (1) has operated in a seaport or rail yard and owned or
500+ leased the drayage truck or cargo handling equipment to be replaced
501+ or repowered for at least two years prior to receiving the grant;
502+ and
515503 (2) as applicable:
516504 (A) after purchase of the replacement drayage
517- truck or cargo handling equipment, permanently destroys the
518- engine and scraps the [drayage] truck or equipment replaced under
519- the program [that contained the pre-2007 engine owned or leased
520- by the person,] in accordance with guidelines established by the
505+ truck or cargo handling equipment, permanently destroys the engine
506+ and scraps the [drayage] truck or equipment replaced under the
507+ program [that contained the pre-2007 engine owned or leased by the
508+ person,] in accordance with guidelines established by the
521509 commission; or
522- (B) after repowering the drayage truck or
523- cargo handling equipment, permanently destroys the engine that
524- was contained in the truck or equipment in accordance with
525- guidelines established by the commission[, after the purchase of
526- the new truck].
527- (h) Effective on the date that the Texas Emissions
528- Reduction Plan Advisory Board is abolished under Subsection (a)
529- of this section, Section 386.252, Health and Safety Code, is
530- amended to read as follows:
510+ (B) after repowering the drayage truck or cargo
511+ handling equipment, permanently destroys the engine that was
512+ contained in the truck or equipment in accordance with guidelines
513+ established by the commission [, after the purchase of the new
514+ truck].
515+ (h) Effective on the date that the Texas Emissions Reduction
516+ Plan Advisory Board is abolished under Subsection (a) of this
517+ section, Section 386.252, Health and Safety Code, is amended to
518+ read as follows:
531519 Sec. 386.252. USE OF FUND. (a) Money in the fund may be
532520 used only to implement and administer programs established under
533521 the plan. Subject to the reallocation of funds by the commission
534- under Subsection (h), money [Money] appropriated to the
535- commission to be used for the programs under Section 386.051(b)
536- shall initially be allocated as follows:
522+ under Subsection (h), money [Money] appropriated to the commission
523+ to be used for the programs under Section 386.051(b) shall
524+ initially be allocated as follows:
537525 (1) [not more than] four percent may be used for the
538526 clean school bus program under Chapter 390;
539- (2) [not more than] three percent may be used for
540- the new technology implementation grant program under Chapter
541- 391, from which at least $1 million will be set aside for
542- electricity storage projects related to renewable energy;
527+ (2) [not more than] three percent may be used for the
528+ new technology implementation grant program under Chapter 391, from
529+ which at least $1 million will be set aside for electricity storage
530+ projects related to renewable energy;
543531 (3) five percent may [shall] be used for the clean
544532 fleet program under Chapter 392;
545533 (4) not more than $3 million may be used by the
546- commission to fund a regional air monitoring program in
547- commission Regions 3 and 4 to be implemented under the
548- commission's oversight, including direction regarding the type,
549- number, location, and operation of, and data validation
550- practices for, monitors funded by the program through a regional
551- nonprofit entity located in North Texas having representation
552- from counties, municipalities, higher education institutions,
553- and private sector interests across the area;
554- (5) 10 [not less than 16] percent may [shall] be
555- used for the Texas natural gas vehicle grant program under
556- Chapter 394;
557- (6) not more than $6 million [five percent] may be
558- used [to provide grants for natural gas fueling stations under
559- the clean transportation triangle program under Section 394.010;
534+ commission to fund a regional air monitoring program in commission
535+ Regions 3 and 4 to be implemented under the commission's oversight,
536+ including direction regarding the type, number, location, and
537+ operation of, and data validation practices for, monitors funded by
538+ the program through a regional nonprofit entity located in North
539+ Texas having representation from counties, municipalities, higher
540+ education institutions, and private sector interests across the
541+ area;
542+ (5) 10 [not less than 16] percent may [shall] be used
543+ for the Texas natural gas vehicle grant program under Chapter 394;
544+ (6) not more than $6 million [five percent] may be used
545+ [to provide grants for natural gas fueling stations under the clean
546+ transportation triangle program under Section 394.010;
560547 [(7) not more than five percent may be used] for the
561- Texas alternative fueling facilities program under Chapter 393,
562- of which a specified amount may be used for fueling stations to
563- provide natural gas fuel, except that money may not be allocated
564- for the Texas alternative fueling facilities program for the
565- state fiscal year ending August 31, 2019;
566- (7) [(8)] not more than $750,000 [a specified
567- amount] may be used each year to support research related to air
568- quality as provided by Chapter 387;
548+ Texas alternative fueling facilities program under Chapter 393, of
549+ which a specified amount may be used for fueling stations to provide
550+ natural gas fuel, except that money may not be allocated for the
551+ Texas alternative fueling facilities program for the state fiscal
552+ year ending August 31, 2019;
553+ (7) [(8)] not more than $750,000 [a specified amount]
554+ may be used each year to support research related to air quality as
555+ provided by Chapter 387;
569556 (8) [(9)] not more than $200,000 may be used for a
570557 health effects study[;
571- [(10) $500,000 is to be deposited in the state
572- treasury to the credit of the clean air account created under
573- Section 382.0622 to supplement funding for air quality planning
574- activities in affected counties];
575- (9) [(11)] at least $6 [$4] million but not more
576- than $8 [and up to four percent to a maximum of $7] million[,
577- whichever is greater,] is allocated to the commission for
578- administrative costs, including all direct and indirect costs
579- for administering the plan, costs for conducting outreach and
580- education activities, and costs attributable to the review or
581- approval of applications for marketable emissions reduction
582- credits;
558+ [(10) $500,000 is to be deposited in the state treasury
559+ to the credit of the clean air account created under Section
560+ 382.0622 to supplement funding for air quality planning activities
561+ in affected counties];
562+ (9) [(11)] at least $6 [$4] million but not more than
563+ $8 [and up to four percent to a maximum of $7] million[, whichever
564+ is greater,] is allocated to the commission for administrative
565+ costs, including all direct and indirect costs for administering
566+ the plan, costs for conducting outreach and education activities,
567+ and costs attributable to the review or approval of applications
568+ for marketable emissions reduction credits;
583569 (10) six [(12) at least two] percent may [and up to
584570 five percent of the fund is to] be used by the commission for the
585571 seaport and rail yard areas emissions reduction [drayage truck
586572 incentive] program established under Subchapter D-1;
587- (11) [(13) not more than] five percent may be used
588- for the light-duty motor vehicle purchase or lease incentive
589- program established under Subchapter D;
590- (12) [(14)] not more than $216,000 is allocated to
591- the commission to contract with the Energy Systems Laboratory at
592- the Texas A&M Engineering Experiment Station annually for the
573+ (11) [(13) not more than] five percent may be used for
574+ the light-duty motor vehicle purchase or lease incentive program
575+ established under Subchapter D;
576+ (12) [(14)] not more than $216,000 is allocated to the
577+ commission to contract with the Energy Systems Laboratory at the
578+ Texas A&M Engineering Experiment Station annually for the
593579 development and annual computation of creditable statewide
594580 emissions reductions obtained through wind and other renewable
595581 energy resources for the state implementation plan;
596- (13) not more than $500,000 may be used for studies
597- of or pilot programs for incentives for port authorities located
598- in nonattainment areas or affected counties to encourage cargo
599- movement that reduces emissions of nitrogen oxides and
600- particulate matter [(15) 1.5 percent of the money in the fund is
601- allocated for administrative costs incurred by the laboratory];
602- and
582+ (13) not more than $500,000 may be used for studies of
583+ or pilot programs for incentives for port authorities located in
584+ nonattainment areas or affected counties to encourage cargo
585+ movement that reduces emissions of nitrogen oxides and particulate
586+ matter [(15) 1.5 percent of the money in the fund is allocated for
587+ administrative costs incurred by the laboratory]; and
603588 (14) [(16)] the balance is to be used by the
604589 commission for the diesel emissions reduction incentive program
605590 under Subchapter C as determined by the commission.
606591 (b) [The commission may allocate unexpended money
607592 designated for the clean fleet program under Chapter 392 to other
608593 programs described under Subsection (a) after the commission
609594 allocates money to recipients under the clean fleet program.
610595 [(c) The commission may allocate unexpended money
611596 designated for the Texas alternative fueling facilities program
612- under Chapter 393 to other programs described under Subsection
613- (a) after the commission allocates money to recipients under the
597+ under Chapter 393 to other programs described under Subsection (a)
598+ after the commission allocates money to recipients under the
614599 alternative fueling facilities program.
615- [(d) The commission may reallocate money designated for
616- the Texas natural gas vehicle grant program under Chapter 394 to
617- other programs described under Subsection (a) if:
618- [(1) the commission, in consultation with the
619- governor and the advisory board, determines that the use of the
620- money in the fund for that program will cause the state to be in
621- noncompliance with the state implementation plan to the extent
622- that federal action is likely; and
600+ [(d) The commission may reallocate money designated for the
601+ Texas natural gas vehicle grant program under Chapter 394 to other
602+ programs described under Subsection (a) if:
603+ [(1) the commission, in consultation with the governor
604+ and the advisory board, determines that the use of the money in the
605+ fund for that program will cause the state to be in noncompliance
606+ with the state implementation plan to the extent that federal
607+ action is likely; and
623608 [(2) the commission finds that the reallocation of
624609 some or all of the funding for the program would resolve the
625610 noncompliance.
626611 [(e) Under Subsection (d), the commission may not
627612 reallocate more than the minimum amount of money necessary to
628613 resolve the noncompliance.
629- [(e-1) Money allocated under Subsection (a) to a
630- particular program may be used for another program under the plan
631- as determined by the commission.
614+ [(e-1) Money allocated under Subsection (a) to a particular
615+ program may be used for another program under the plan as determined
616+ by the commission.
632617 [(f)] Money in the fund may be used by the commission for
633- programs under Sections 386.051(b)(13), (b)(14), and (b-1) as
634- may be appropriated for those programs.
618+ programs under Sections 386.051(b)(13), (b)(14), and (b-1) as may
619+ be appropriated for those programs.
635620 (c) [(g)] If the legislature does not specify amounts or
636621 percentages from the total appropriation to the commission to be
637622 allocated under Subsection (a) or (b) [(f)], the commission shall
638623 determine the amounts of the total appropriation to be allocated
639- under each of those subsections, such that the total
640- appropriation is expended while maximizing emissions reductions.
624+ under each of those subsections, such that the total appropriation
625+ is expended while maximizing emissions reductions.
641626 (d) To supplement funding for air quality planning
642627 activities in affected counties, $500,000 from the fund is to be
643- deposited annually in the state treasury to the credit of the
644- clean air account created under Section 382.0622.
628+ deposited annually in the state treasury to the credit of the clean
629+ air account created under Section 382.0622.
645630 (e) Money in the fund may be allocated for administrative
646631 costs incurred by the Energy Systems Laboratory at the Texas A&M
647632 Engineering Experiment Station as may be appropriated by the
648633 legislature.
649- (f) To the extent that money is appropriated from the
650- fund for that purpose, not more than $2.5 million may be used by
651- the commission to conduct research and other activities
652- associated with making any necessary demonstrations to the
653- United States Environmental Protection Agency to account for the
654- impact of foreign emissions or an exceptional event.
655- (g) To the extent that money is appropriated from the
656- fund for that purpose, the commission may use that money to award
657- grants under the governmental alternative fuel fleet grant
658- program established under Chapter 395, except that the
659- commission may not use for that purpose more than three percent
660- of the balance of the fund as of September 1 of each state fiscal
661- year of the biennium for the governmental alternative fuel fleet
662- grant program in that fiscal year.
663- (h) Subject to the limitations outlined in this section
664- and any additional limitations placed on the use of the
665- appropriated funds, money allocated under this section to a
666- particular program may be used for another program under the plan
667- as determined by the commission, based on demand for grants for
668- eligible projects under particular programs after the commission
669- solicits projects to which to award grants according to the
670- initial allocation provisions of this section.
634+ (f) To the extent that money is appropriated from the fund
635+ for that purpose, not more than $2.5 million may be used by the
636+ commission to conduct research and other activities associated with
637+ making any necessary demonstrations to the United States
638+ Environmental Protection Agency to account for the impact of
639+ foreign emissions or an exceptional event.
640+ (g) To the extent that money is appropriated from the fund
641+ for that purpose, the commission may use that money to award grants
642+ under the governmental alternative fuel fleet grant program
643+ established under Chapter 395, except that the commission may not
644+ use for that purpose more than three percent of the balance of the
645+ fund as of September 1 of each state fiscal year of the biennium for
646+ the governmental alternative fuel fleet grant program in that
647+ fiscal year.
648+ (h) Subject to the limitations outlined in this section and
649+ any additional limitations placed on the use of the appropriated
650+ funds, money allocated under this section to a particular program
651+ may be used for another program under the plan as determined by the
652+ commission, based on demand for grants for eligible projects under
653+ particular programs after the commission solicits projects to which
654+ to award grants according to the initial allocation provisions of
655+ this section.
671656 (h-1) Effective on the date that the Texas Emissions
672- Reduction Plan Advisory Board is abolished under Subsection (a)
673- of this section, Section 390.001, Health and Safety Code, is
674- amended by amending Subdivision (1) and adding Subdivision (1-a)
675- to read as follows:
657+ Reduction Plan Advisory Board is abolished under Subsection (a) of
658+ this section, Section 390.001, Health and Safety Code, is amended
659+ by amending Subdivision (1) and adding Subdivision (1-a) to read as
660+ follows:
676661 (1) "Commission" means the Texas Commission on
677662 Environmental Quality.
678663 (1-a) "Diesel exhaust" means one or more of the air
679- pollutants emitted from an engine by the combustion of diesel
680- fuel, including particulate matter, nitrogen oxides, volatile
681- organic compounds, air toxics, and carbon monoxide.
664+ pollutants emitted from an engine by the combustion of diesel fuel,
665+ including particulate matter, nitrogen oxides, volatile organic
666+ compounds, air toxics, and carbon monoxide.
682667 (h-2) Effective on the date that the Texas Emissions
683- Reduction Plan Advisory Board is abolished under Subsection (a)
684- of this section, Section 390.002(b), Health and Safety Code, is
668+ Reduction Plan Advisory Board is abolished under Subsection (a) of
669+ this section, Section 390.002(b), Health and Safety Code, is
685670 amended to read as follows:
686671 (b) Projects that may be considered for a grant under the
687672 program include:
688- (1) diesel oxidation catalysts for school buses
689- built before 1994;
690- (2) diesel particulate filters for school buses
691- built from 1994 to 1998;
692- (3) the purchase and use of emission-reducing
693- add-on equipment for school buses, including devices that reduce
694- crankcase emissions;
673+ (1) diesel oxidation catalysts for school buses built
674+ before 1994;
675+ (2) diesel particulate filters for school buses built
676+ from 1994 to 1998;
677+ (3) the purchase and use of emission-reducing add-on
678+ equipment for school buses, including devices that reduce crankcase
679+ emissions;
695680 (4) the use of qualifying fuel; [and]
696- (5) other technologies that the commission finds
697- will bring about significant emissions reductions; and
681+ (5) other technologies that the commission finds will
682+ bring about significant emissions reductions; and
698683 (6) replacement of a pre-2007 model year school bus.
699- (i) Effective on the date that the Texas Emissions
700- Reduction Plan Advisory Board is abolished under Subsection (a)
701- of this section, Section 390.004, Health and Safety Code, is
702- amended by adding Subsections (c) and (d) to read as follows:
684+ (i) Effective on the date that the Texas Emissions Reduction
685+ Plan Advisory Board is abolished under Subsection (a) of this
686+ section, Section 390.004, Health and Safety Code, is amended by
687+ adding Subsections (c) and (d) to read as follows:
703688 (c) A school bus proposed for replacement must:
704689 (1) be of model year 2006 or earlier;
705- (2) have been owned and operated by the applicant
706- for at least the two years before submission of the grant
707- application;
690+ (2) have been owned and operated by the applicant for
691+ at least the two years before submission of the grant application;
708692 (3) be in good operational condition; and
709- (4) be currently used on a regular, daily route to
710- and from a school.
711- (d) A school bus proposed for purchase to replace a
712- pre-2007 model year school bus must be of the current model year
713- or the year before the current model year at the time of
714- submission of the grant application.
693+ (4) be currently used on a regular, daily route to and
694+ from a school.
695+ (d) A school bus proposed for purchase to replace a pre-2007
696+ model year school bus must be of the current model year or the year
697+ before the current model year at the time of submission of the grant
698+ application.
715699 (i-1) Effective on the date that the Texas Emissions
716- Reduction Plan Advisory Board is abolished under Subsection (a)
717- of this section, Section 390.005, Health and Safety Code, is
718- amended to read as follows:
700+ Reduction Plan Advisory Board is abolished under Subsection (a) of
701+ this section, Section 390.005, Health and Safety Code, is amended
702+ to read as follows:
719703 Sec. 390.005. RESTRICTION ON USE OF GRANT. (a) A
720704 recipient of a grant under this chapter shall use the grant to pay
721705 the incremental costs of the project for which the grant is made,
722706 which may include the reasonable and necessary expenses incurred
723- for the labor needed to install emissions-reducing equipment.
724- The recipient may not use the grant to pay the recipient's
707+ for the labor needed to install emissions-reducing equipment. The
708+ recipient may not use the grant to pay the recipient's
725709 administrative expenses.
726- (b) A school bus acquired to replace an existing school
727- bus must be purchased and the grant recipient must agree to own
728- and operate the school bus on a regular, daily route to and from a
729- school for at least five years after a start date established by
730- the commission, based on the date the commission accepts
731- documentation of the permanent destruction or permanent removal
732- of the school bus being replaced.
710+ (b) A school bus acquired to replace an existing school bus
711+ must be purchased and the grant recipient must agree to own and
712+ operate the school bus on a regular, daily route to and from a
713+ school for at least five years after a start date established by the
714+ commission, based on the date the commission accepts documentation
715+ of the permanent destruction or permanent removal of the school bus
716+ being replaced.
733717 (c) A school bus replaced under this program must be
734718 rendered permanently inoperable by crushing the bus, by making a
735- hole in the engine block and permanently destroying the frame of
736- the bus, or by another method approved by the commission, or be
719+ hole in the engine block and permanently destroying the frame of the
720+ bus, or by another method approved by the commission, or be
737721 permanently removed from operation in this state. The commission
738- shall establish criteria for ensuring the permanent destruction
739- or permanent removal of the engine or bus. The commission shall
722+ shall establish criteria for ensuring the permanent destruction or
723+ permanent removal of the engine or bus. The commission shall
740724 enforce the destruction and removal requirements.
741725 (d) In this section, "permanent removal" means the
742- permanent export of a school bus or the engine of a school bus to
743- a destination outside of the United States, Canada, or the United
726+ permanent export of a school bus or the engine of a school bus to a
727+ destination outside of the United States, Canada, or the United
744728 Mexican States.
745729 (i-2) Effective on the date that the Texas Emissions
746- Reduction Plan Advisory Board is abolished under Subsection (a)
747- of this section, Section 390.006, Health and Safety Code, is
748- amended to read as follows:
749- Sec. 390.006. EXPIRATION. This chapter expires on the
750- last day of the state fiscal biennium during which the commission
730+ Reduction Plan Advisory Board is abolished under Subsection (a) of
731+ this section, Section 390.006, Health and Safety Code, is amended
732+ to read as follows:
733+ Sec. 390.006. EXPIRATION. This chapter expires on the last
734+ day of the state fiscal biennium during which the commission
751735 publishes in the Texas Register the notice required by Section
752736 382.037 [August 31, 2019].
753- (j) Effective on the date that the Texas Emissions
754- Reduction Plan Advisory Board is abolished under Subsection (a)
755- of this section, Section 391.002(b), Health and Safety Code, is
756- amended to read as follows:
737+ (j) Effective on the date that the Texas Emissions Reduction
738+ Plan Advisory Board is abolished under Subsection (a) of this
739+ section, Section 391.002(b), Health and Safety Code, is amended to
740+ read as follows:
757741 (b) Projects that may be considered for a grant under the
758742 program include:
759743 (1) advanced clean energy projects, as defined by
760744 Section 382.003;
761- (2) new technology projects that reduce emissions
762- of regulated pollutants from stationary [point] sources;
763- (3) new technology projects that reduce emissions
764- from upstream and midstream oil and gas production, completions,
745+ (2) new technology projects that reduce emissions of
746+ regulated pollutants from stationary [point] sources;
747+ (3) new technology projects that reduce emissions from
748+ upstream and midstream oil and gas production, completions,
765749 gathering, storage, processing, and transmission activities
766750 through:
767751 (A) the replacement, repower, or retrofit of
768752 stationary compressor engines;
769753 (B) the installation of systems to reduce or
770754 eliminate the loss of gas, flaring of gas, or burning of gas using
771755 other combustion control devices; or
772756 (C) the installation of systems that reduce
773- flaring emissions and other site emissions by capturing waste
774- heat to generate electricity solely for on-site service; and
757+ flaring emissions and other site emissions by capturing waste heat
758+ to generate electricity solely for on-site service; and
775759 (4) [(3)] electricity storage projects related to
776- renewable energy, including projects to store electricity
777- produced from wind and solar generation that provide efficient
778- means of making the stored energy available during periods of
779- peak energy use.
760+ renewable energy, including projects to store electricity produced
761+ from wind and solar generation that provide efficient means of
762+ making the stored energy available during periods of peak energy
763+ use.
780764 (j-1) Effective on the date that the Texas Emissions
781- Reduction Plan Advisory Board is abolished under Subsection (a)
782- of this section, Section 391.102(f), Health and Safety Code, is
765+ Reduction Plan Advisory Board is abolished under Subsection (a) of
766+ this section, Section 391.102(f), Health and Safety Code, is
783767 amended to read as follows:
784768 (f) In reviewing a grant application under this chapter
785769 [coordinating interagency application review procedures], the
786770 commission may [shall]:
787771 (1) solicit review and comments from:
788772 (A) the comptroller to assess:
789773 (i) the financial stability of the
790774 applicant;
791- (ii) the economic benefits and job
792- creation potential associated with the project; and
793- (iii) any other information related to
794- the duties of that office;
775+ (ii) the economic benefits and job creation
776+ potential associated with the project; and
777+ (iii) any other information related to the
778+ duties of that office;
795779 (B) the Public Utility Commission of Texas to
796780 assess:
797781 (i) the reliability of the proposed
798782 technology;
799783 (ii) the feasibility and
800784 cost-effectiveness of electric transmission associated with the
801785 project; and
802- (iii) any other information related to
803- the duties of that agency; and
804- (C) the Railroad Commission of Texas to
805- assess:
786+ (iii) any other information related to the
787+ duties of that agency; and
788+ (C) the Railroad Commission of Texas to assess:
806789 (i) the availability and cost of the fuel
807790 involved with the project; and
808791 (ii) any other information related to the
809792 duties of that agency; and
810- (2) consider the comments received under
811- Subdivision (1) in the commission's grant award decision
812- process[; and
813- [(3) as part of the report required by Section
814- 391.104, justify awards made to projects that have been
815- negatively reviewed by agencies under Subdivision (1)].
793+ (2) consider the comments received under Subdivision
794+ (1) in the commission's grant award decision process[; and
795+ [(3) as part of the report required by Section 391.104,
796+ justify awards made to projects that have been negatively reviewed
797+ by agencies under Subdivision (1)].
816798 (j-2) Effective on the date that the Texas Emissions
817- Reduction Plan Advisory Board is abolished under Subsection (a)
818- of this section, Section 391.104, Health and Safety Code, is
819- amended to read as follows:
799+ Reduction Plan Advisory Board is abolished under Subsection (a) of
800+ this section, Section 391.104, Health and Safety Code, is amended
801+ to read as follows:
820802 Sec. 391.104. REPORTING REQUIREMENTS. The commission
821803 [annually] shall include in the biennial plan report required by
822- Section 386.057(b) information [prepare a report] that
823- summarizes the applications received and grants awarded in the
824- preceding biennium [year]. Preparation of the information for
825- the report may [must] include the participation of any [the]
826- state agency [agencies] involved in the review of applications
827- under Section 391.102, if the commission determines
828- participation of the agency is needed.
829- (k) Effective on the date that the Texas Emissions
830- Reduction Plan Advisory Board is abolished under Subsection (a)
831- of this section, Section 391.205(a), Health and Safety Code, is
832- amended to read as follows:
833- (a) Except as provided by Subsection (c), in awarding
834- grants under this chapter the commission shall give preference to
835- projects that:
804+ Section 386.057(b) information [prepare a report] that summarizes
805+ the applications received and grants awarded in the preceding
806+ biennium [year]. Preparation of the information for the report may
807+ [must] include the participation of any [the] state agency
808+ [agencies] involved in the review of applications under Section
809+ 391.102, if the commission determines participation of the agency
810+ is needed.
811+ (k) Effective on the date that the Texas Emissions Reduction
812+ Plan Advisory Board is abolished under Subsection (a) of this
813+ section, Section 391.205(a), Health and Safety Code, is amended to
814+ read as follows:
815+ (a) Except as provided by Subsection (c), in awarding grants
816+ under this chapter the commission shall give preference to projects
817+ that:
836818 (1) involve the transport, use, recovery for use, or
837- prevention of the loss of natural resources originating or
838- produced in this state;
819+ prevention of the loss of natural resources originating or produced
820+ in this state;
839821 (2) contain an energy efficiency component; [or]
840- (3) include the use of solar, wind, or other
841- renewable energy sources; or
842- (4) recover waste heat from the combustion of
843- natural resources and use the heat to generate electricity.
822+ (3) include the use of solar, wind, or other renewable
823+ energy sources; or
824+ (4) recover waste heat from the combustion of natural
825+ resources and use the heat to generate electricity.
844826 (k-1) Effective on the date that the Texas Emissions
845- Reduction Plan Advisory Board is abolished under Subsection (a)
846- of this section, Section 391.304, Health and Safety Code, is
847- amended to read as follows:
848- Sec. 391.304. EXPIRATION. This chapter expires on the
849- last day of the state fiscal biennium during which the commission
827+ Reduction Plan Advisory Board is abolished under Subsection (a) of
828+ this section, Section 391.304, Health and Safety Code, is amended
829+ to read as follows:
830+ Sec. 391.304. EXPIRATION. This chapter expires on the last
831+ day of the state fiscal biennium during which the commission
850832 publishes in the Texas Register the notice required by Section
851833 382.037 [August 31, 2019].
852834 (k-2) Effective on the date that the Texas Emissions
853- Reduction Plan Advisory Board is abolished under Subsection (a)
854- of this section, Section 392.001(1), Health and Safety Code, is
835+ Reduction Plan Advisory Board is abolished under Subsection (a) of
836+ this section, Section 392.001(1), Health and Safety Code, is
855837 amended to read as follows:
856838 (1) "Alternative fuel" means a fuel other than
857- gasoline or diesel fuel, including electricity, compressed
858- natural gas, liquefied [liquified] natural gas, hydrogen,
859- propane, or a mixture of fuels containing at least 85 percent
860- methanol by volume.
861- (l) Effective on the date that the Texas Emissions
862- Reduction Plan Advisory Board is abolished under Subsection (a)
863- of this section, Sections 392.002(b) and (c), Health and Safety
864- Code, are amended to read as follows:
839+ gasoline or diesel fuel, including electricity, compressed natural
840+ gas, liquefied [liquified] natural gas, hydrogen, propane, or a
841+ mixture of fuels containing at least 85 percent methanol by volume.
842+ (l) Effective on the date that the Texas Emissions Reduction
843+ Plan Advisory Board is abolished under Subsection (a) of this
844+ section, Sections 392.002(b) and (c), Health and Safety Code, are
845+ amended to read as follows:
865846 (b) An entity that places 10 [20] or more qualifying
866- vehicles in service for use entirely in this state during a
867- calendar year is eligible to participate in the program.
868- (c) Notwithstanding Subsection (b), an entity that
869- submits a grant application for 10 [20] or more qualifying
870- vehicles is eligible to participate in the program even if the
871- commission denies approval for one or more of the vehicles during
872- the application process.
847+ vehicles in service for use entirely in this state during a calendar
848+ year is eligible to participate in the program.
849+ (c) Notwithstanding Subsection (b), an entity that submits
850+ a grant application for 10 [20] or more qualifying vehicles is
851+ eligible to participate in the program even if the commission
852+ denies approval for one or more of the vehicles during the
853+ application process.
873854 (l-1) Effective on the date that the Texas Emissions
874- Reduction Plan Advisory Board is abolished under Subsection (a)
875- of this section, Section 392.003(a), Health and Safety Code, is
855+ Reduction Plan Advisory Board is abolished under Subsection (a) of
856+ this section, Section 392.003(a), Health and Safety Code, is
876857 amended to read as follows:
877- (a) A vehicle is a qualifying vehicle that may be
878- considered for a grant under the program if during the
879- eligibility period established by the commission [calendar year]
880- the entity purchases a new on-road vehicle that:
858+ (a) A vehicle is a qualifying vehicle that may be considered
859+ for a grant under the program if during the eligibility period
860+ established by the commission [calendar year] the entity purchases
861+ a new on-road vehicle that:
881862 (1) is certified to the appropriate current federal
882863 emissions standards as determined by the commission;
883- (2) replaces a diesel-powered on-road vehicle of
884- the same weight classification and use; and
864+ (2) replaces a diesel-powered on-road vehicle of the
865+ same weight classification and use; and
885866 (3) is a hybrid vehicle or fueled by an alternative
886867 fuel.
887868 (l-2) Effective on the date that the Texas Emissions
888- Reduction Plan Advisory Board is abolished under Subsection (a)
889- of this section, Section 392.004(d), Health and Safety Code, is
869+ Reduction Plan Advisory Board is abolished under Subsection (a) of
870+ this section, Section 392.004(d), Health and Safety Code, is
890871 amended to read as follows:
891872 (d) The commission shall minimize, to the maximum extent
892- possible, the amount of paperwork required for an application.
893- [An applicant may be required to submit a photograph or other
873+ possible, the amount of paperwork required for an application. [An
874+ applicant may be required to submit a photograph or other
894875 documentation of a vehicle identification number, registration
895876 information, inspection information, tire condition, or engine
896877 block identification only if the photograph or documentation is
897878 requested by the commission after the commission has decided to
898879 award a grant to the applicant under this chapter.]
899- (m) Effective on the date that the Texas Emissions
900- Reduction Plan Advisory Board is abolished under Subsection (a)
901- of this section, Section 392.005, Health and Safety Code, is
902- amended by amending Subsections (c) and (i) and adding Subsection
903- (c-1) to read as follows:
880+ (m) Effective on the date that the Texas Emissions Reduction
881+ Plan Advisory Board is abolished under Subsection (a) of this
882+ section, Section 392.005, Health and Safety Code, is amended by
883+ amending Subsections (c) and (i) and adding Subsection (c-1) to
884+ read as follows:
904885 (c) As a condition of receiving a grant, the qualifying
905- vehicle must be continuously owned, registered, and operated in
906- the state by the grant recipient until the earlier of the fifth
886+ vehicle must be continuously owned, registered, and operated in the
887+ state by the grant recipient until the earlier of the fifth
907888 anniversary of the activity start date established by the
908- commission [the date of reimbursement of the grant-funded
909- expenses] or [until] the date the vehicle has been in operation
910- for 400,000 miles after the activity start date established by
911- the commission [of reimbursement]. Not less than 75 percent of
912- the annual use of the qualifying vehicle, either mileage or fuel
913- use as determined by the commission, must occur in the state.
914- (c-1) For purposes of Subsection (c), the commission
915- shall establish the activity start date based on the date the
916- commission accepts verification of the disposition of the
917- vehicle being replaced.
889+ commission [the date of reimbursement of the grant-funded expenses]
890+ or [until] the date the vehicle has been in operation for 400,000
891+ miles after the activity start date established by the commission
892+ [of reimbursement]. Not less than 75 percent of the annual use of
893+ the qualifying vehicle, either mileage or fuel use as determined by
894+ the commission, must occur in the state.
895+ (c-1) For purposes of Subsection (c), the commission shall
896+ establish the activity start date based on the date the commission
897+ accepts verification of the disposition of the vehicle being
898+ replaced.
918899 (i) The executive director may [shall] waive the
919900 requirements of Subsection (b)(2)(A) on a finding of good cause,
920901 which may include a waiver for short lapses in registration or
921902 operation attributable to economic conditions, seasonal work, or
922903 other circumstances.
923904 (m-1) Effective on the date that the Texas Emissions
924- Reduction Plan Advisory Board is abolished under Subsection (a)
925- of this section, Section 392.008, Health and Safety Code, is
926- amended to read as follows:
927- Sec. 392.008. EXPIRATION. This chapter expires on the
928- last day of the state fiscal biennium during which the commission
905+ Reduction Plan Advisory Board is abolished under Subsection (a) of
906+ this section, Section 392.008, Health and Safety Code, is amended
907+ to read as follows:
908+ Sec. 392.008. EXPIRATION. This chapter expires on the last
909+ day of the state fiscal biennium during which the commission
929910 publishes in the Texas Register the notice required by Section
930911 382.037 [August 31, 2017].
931912 (m-2) Effective on the date that the Texas Emissions
932- Reduction Plan Advisory Board is abolished under Subsection (a)
933- of this section, Section 393.001, Health and Safety Code, is
934- amended by amending Subdivision (1) and adding Subdivision (1-a)
935- to read as follows:
913+ Reduction Plan Advisory Board is abolished under Subsection (a) of
914+ this section, Section 393.001, Health and Safety Code, is amended
915+ by amending Subdivision (1) and adding Subdivision (1-a) to read as
916+ follows:
936917 (1) "Alternative fuel" means a fuel other than
937918 gasoline or diesel fuel, other than biodiesel fuel, including
938- electricity, compressed natural gas, liquefied [liquified]
939- natural gas, hydrogen, propane, or a mixture of fuels containing
940- at least 85 percent methanol by volume.
919+ electricity, compressed natural gas, liquefied [liquified] natural
920+ gas, hydrogen, propane, or a mixture of fuels containing at least 85
921+ percent methanol by volume.
941922 (1-a) "Clean transportation zone" means:
942923 (A) counties containing or intersected by a
943- portion of an interstate highway connecting the cities of
944- Houston, San Antonio, Dallas, and Fort Worth;
945- (B) counties located within the area bounded
946- by the interstate highways described by Paragraph (A);
924+ portion of an interstate highway connecting the cities of Houston,
925+ San Antonio, Dallas, and Fort Worth;
926+ (B) counties located within the area bounded by
927+ the interstate highways described by Paragraph (A);
947928 (C) counties containing or intersected by a
948929 portion of:
949930 (i) an interstate highway connecting San
950931 Antonio to Corpus Christi or Laredo;
951932 (ii) the most direct route using highways
952933 in the state highway system connecting Corpus Christi and Laredo;
953934 or
954- (iii) a highway corridor connecting
955- Corpus Christi and Houston;
956- (D) counties located within the area bounded
957- by the highways described by Paragraph (C);
935+ (iii) a highway corridor connecting Corpus
936+ Christi and Houston;
937+ (D) counties located within the area bounded by
938+ the highways described by Paragraph (C);
958939 (E) counties in this state all or part of which
959940 are included in a nonattainment area designated under Section
960941 107(d) of the federal Clean Air Act (42 U.S.C. Section 7407); and
961942 (F) counties designated as affected counties
962943 under Section 386.001.
963- (n) Effective on the date that the Texas Emissions
964- Reduction Plan Advisory Board is abolished under Subsection (a)
965- of this section, Section 393.002, Health and Safety Code, is
966- amended to read as follows:
967- Sec. 393.002. PROGRAM. (a) The commission shall
968- establish and administer the Texas alternative fueling
969- facilities program to provide fueling facilities for alternative
970- fuel in the clean transportation zone [nonattainment areas].
971- Under the program, the commission shall provide a grant for each
972- eligible facility to offset the cost of those facilities.
944+ (n) Effective on the date that the Texas Emissions Reduction
945+ Plan Advisory Board is abolished under Subsection (a) of this
946+ section, Section 393.002, Health and Safety Code, is amended to
947+ read as follows:
948+ Sec. 393.002. PROGRAM. (a) The commission shall establish
949+ and administer the Texas alternative fueling facilities program to
950+ provide fueling facilities for alternative fuel in the clean
951+ transportation zone [nonattainment areas]. Under the program, the
952+ commission shall provide a grant for each eligible facility to
953+ offset the cost of those facilities.
973954 (b) An entity that constructs or[,] reconstructs[, or
974955 acquires] an alternative fueling facility is eligible to
975956 participate in the program.
976- (c) To ensure that alternative fuel vehicles have access
977- to fuel and to build the foundation for a self-sustaining market
978- for alternative fuels in Texas, the commission shall provide for
957+ (c) To ensure that alternative fuel vehicles have access to
958+ fuel and to build the foundation for a self-sustaining market for
959+ alternative fuels in Texas, the commission shall provide for
979960 strategically placed fueling facilities in the clean
980- transportation zone to enable an alternative fuel vehicle to
981- travel in those areas relying solely on the alternative fuel.
961+ transportation zone to enable an alternative fuel vehicle to travel
962+ in those areas relying solely on the alternative fuel.
982963 (d) The commission shall maintain a listing to be made
983964 available to the public online of all vehicle fueling facilities
984965 that have received grant funding, including location and hours of
985966 operation.
986967 (n-1) Effective on the date that the Texas Emissions
987- Reduction Plan Advisory Board is abolished under Subsection (a)
988- of this section, Section 393.003, Health and Safety Code, is
989- amended by amending Subsections (a) and (b) and adding
990- Subsections (d) and (e) to read as follows:
991- (a) An entity operating in this state that constructs
992- or[,] reconstructs[, or acquires] a facility to [store,
993- compress, or] dispense alternative fuels may apply for and
994- receive a grant under the program.
968+ Reduction Plan Advisory Board is abolished under Subsection (a) of
969+ this section, Section 393.003, Health and Safety Code, is amended
970+ by amending Subsections (a) and (b) and adding Subsections (d) and
971+ (e) to read as follows:
972+ (a) An entity operating in this state that constructs or[,]
973+ reconstructs[, or acquires] a facility to [store, compress, or]
974+ dispense alternative fuels may apply for and receive a grant under
975+ the program.
995976 (b) The commission may [adopt guidelines to] allow a
996977 regional planning commission, council of governments, or similar
997978 regional planning agency created under Chapter 391, Local
998979 Government Code, or a private nonprofit organization to apply for
999- and receive a grant to improve the ability of the program to
1000- achieve its goals.
980+ and receive a grant to improve the ability of the program to achieve
981+ its goals.
1001982 (d) An application for a grant under the program must
1002983 include a certification that the applicant complies with laws,
1003- rules, guidelines, and requirements applicable to taxation of
1004- fuel provided by the applicant at each fueling facility owned or
984+ rules, guidelines, and requirements applicable to taxation of fuel
985+ provided by the applicant at each fueling facility owned or
1005986 operated by the applicant. The commission may terminate a grant
1006- awarded under this section without further obligation to the
1007- grant recipient if the commission determines that the recipient
1008- did not comply with a law, rule, guideline, or requirement
1009- described by this subsection. This subsection does not create a
1010- cause of action to contest an application or award of a grant.
1011- (e) The commission shall disburse grants under the
1012- program through a competitive application selection process to
1013- offset a portion of the eligible costs.
987+ awarded under this section without further obligation to the grant
988+ recipient if the commission determines that the recipient did not
989+ comply with a law, rule, guideline, or requirement described by
990+ this subsection. This subsection does not create a cause of action
991+ to contest an application or award of a grant.
992+ (e) The commission shall disburse grants under the program
993+ through a competitive application selection process to offset a
994+ portion of the eligible costs.
1014995 (n-2) Effective on the date that the Texas Emissions
1015- Reduction Plan Advisory Board is abolished under Subsection (a)
1016- of this section, Section 393.004, Health and Safety Code, is
1017- amended to read as follows:
996+ Reduction Plan Advisory Board is abolished under Subsection (a) of
997+ this section, Section 393.004, Health and Safety Code, is amended
998+ to read as follows:
1018999 Sec. 393.004. ELIGIBILITY OF FACILITIES FOR GRANTS.
10191000 (a) In addition to the requirements of this chapter, the
10201001 commission shall establish additional eligibility and
10211002 prioritization criteria as needed to implement the program [The
10221003 commission by rule shall establish criteria for prioritizing
10231004 facilities eligible to receive grants under this chapter. The
10241005 commission shall review and revise the criteria as appropriate].
10251006 (b) The prioritization criteria established under
10261007 Subsection (a) must provide that, for each grant round, the
10271008 commission may not award a grant to an entity that does not [To be
10281009 eligible for a grant under the program, the entity receiving the
10291010 grant must] agree to make the alternative fueling facility
1030- accessible and available to the public [persons not associated
1031- with the entity] at times designated by the grant contract until
1032- each eligible entity that does agree to those terms has been
1033- awarded a grant [agreement].
1011+ accessible and available to the public [persons not associated with
1012+ the entity] at times designated by the grant contract until each
1013+ eligible entity that does agree to those terms has been awarded a
1014+ grant [agreement].
10341015 (c) The commission may not award more than one grant for
10351016 each facility.
1036- (d) The commission may give preference to or otherwise
1037- limit grant selections to:
1017+ (d) The commission may give preference to or otherwise limit
1018+ grant selections to:
10381019 (1) fueling facilities providing specific types of
10391020 alternative fuels;
10401021 (2) fueling facilities in a specified area or
10411022 location; and
10421023 (3) fueling facilities meeting other specified
10431024 prioritization criteria established by the commission.
10441025 (e) For fueling facilities to provide natural gas, the
10451026 commission shall give preference to:
10461027 (1) facilities providing both liquefied natural gas
10471028 and compressed natural gas at a single location;
1048- (2) facilities located not more than one mile from
1049- an interstate highway system;
1050- (3) facilities located in the area in and between
1051- the Houston, San Antonio, and Dallas-Fort Worth areas; and
1052- (4) facilities located in the area in and between
1053- the Corpus Christi, Laredo, and San Antonio areas [A recipient of
1054- a grant under this chapter is not eligible to receive a second
1055- grant under this chapter for the same facility].
1056- (o) Effective on the date that the Texas Emissions
1057- Reduction Plan Advisory Board is abolished under Subsection (a)
1058- of this section, Section 393.005, Health and Safety Code, is
1059- amended to read as follows:
1029+ (2) facilities located not more than one mile from an
1030+ interstate highway system;
1031+ (3) facilities located in the area in and between the
1032+ Houston, San Antonio, and Dallas-Fort Worth areas; and
1033+ (4) facilities located in the area in and between the
1034+ Corpus Christi, Laredo, and San Antonio areas [A recipient of a
1035+ grant under this chapter is not eligible to receive a second grant
1036+ under this chapter for the same facility].
1037+ (o) Effective on the date that the Texas Emissions Reduction
1038+ Plan Advisory Board is abolished under Subsection (a) of this
1039+ section, Section 393.005, Health and Safety Code, is amended to
1040+ read as follows:
10601041 Sec. 393.005. RESTRICTION ON USE OF GRANT. (a) A
1061- recipient of a grant under this chapter shall use the grant only
1062- to pay the costs of the facility for which the grant is made. The
1042+ recipient of a grant under this chapter shall use the grant only to
1043+ pay the costs of the facility for which the grant is made. The
10631044 recipient may not use the grant to pay the recipient's:
10641045 (1) administrative expenses;
1065- (2) expenses for the purchase of land or an interest
1066- in land; or
1046+ (2) expenses for the purchase of land or an interest in
1047+ land; or
10671048 (3) expenses for equipment or facility improvements
10681049 that are not directly related to the delivery, storage,
1069- compression, or dispensing of the alternative fuel at the
1070- facility.
1050+ compression, or dispensing of the alternative fuel at the facility.
10711051 (b) Each grant must be awarded using a contract that
10721052 requires the recipient to meet operational, maintenance, and
10731053 reporting requirements as specified by the commission.
10741054 (o-1) Effective on the date that the Texas Emissions
1075- Reduction Plan Advisory Board is abolished under Subsection (a)
1076- of this section, Section 393.006, Health and Safety Code, is
1077- amended to read as follows:
1055+ Reduction Plan Advisory Board is abolished under Subsection (a) of
1056+ this section, Section 393.006, Health and Safety Code, is amended
1057+ to read as follows:
10781058 Sec. 393.006. AMOUNT OF GRANT. (a) Grants awarded under
1079- this chapter for a facility to provide alternative fuels other
1080- than natural gas may not exceed [For each eligible facility for
1081- which a recipient is awarded a grant under the program, the
1082- commission shall award the grant in an amount equal to] the
1083- lesser of:
1084- (1) 50 percent of the sum of the actual eligible
1085- costs incurred by the grant recipient within deadlines
1086- established by the commission [to construct, reconstruct, or
1087- acquire the facility]; or
1059+ this chapter for a facility to provide alternative fuels other than
1060+ natural gas may not exceed [For each eligible facility for which a
1061+ recipient is awarded a grant under the program, the commission
1062+ shall award the grant in an amount equal to] the lesser of:
1063+ (1) 50 percent of the sum of the actual eligible costs
1064+ incurred by the grant recipient within deadlines established by the
1065+ commission [to construct, reconstruct, or acquire the facility]; or
10881066 (2) $600,000.
10891067 (b) Grants awarded under this chapter for a facility to
10901068 provide natural gas may not exceed:
10911069 (1) $400,000 for a compressed natural gas facility;
1092- (2) $400,000 for a liquefied natural gas facility;
1093- or
1094- (3) $600,000 for a facility providing both
1095- liquefied and compressed natural gas.
1070+ (2) $400,000 for a liquefied natural gas facility; or
1071+ (3) $600,000 for a facility providing both liquefied
1072+ and compressed natural gas.
10961073 (o-2) Effective on the date that the Texas Emissions
1097- Reduction Plan Advisory Board is abolished under Subsection (a)
1098- of this section, Section 393.007, Health and Safety Code, is
1099- amended to read as follows:
1100- Sec. 393.007. EXPIRATION. This chapter expires on the
1101- last day of the state fiscal biennium during which the commission
1074+ Reduction Plan Advisory Board is abolished under Subsection (a) of
1075+ this section, Section 393.007, Health and Safety Code, is amended
1076+ to read as follows:
1077+ Sec. 393.007. EXPIRATION. This chapter expires on the last
1078+ day of the state fiscal biennium during which the commission
11021079 publishes in the Texas Register the notice required by Section
11031080 382.037 [August 31, 2018].
1104- (p) Effective on the date that the Texas Emissions
1105- Reduction Plan Advisory Board is abolished under Subsection (a)
1106- of this section, Section 394.001, Health and Safety Code, is
1107- amended by amending Subdivisions (1), (4), (5), and (8) and
1108- adding Subdivisions (1-a) and (7-a) to read as follows:
1081+ (p) Effective on the date that the Texas Emissions Reduction
1082+ Plan Advisory Board is abolished under Subsection (a) of this
1083+ section, Section 394.001, Health and Safety Code, is amended by
1084+ amending Subdivisions (1), (4), (5), and (8) and adding
1085+ Subdivisions (1-a) and (7-a) to read as follows:
11091086 (1) "Certified" includes:
11101087 (A) new vehicle or new engine certification by
11111088 the United States Environmental Protection Agency; or
11121089 (B) certification or approval by the United
11131090 States Environmental Protection Agency of a system to convert a
11141091 vehicle or engine to operate on an alternative fuel and a
1115- demonstration by the emissions data used to certify or approve
1116- the vehicle or engine, if the commission determines the testing
1117- used to obtain the emissions data is consistent with the testing
1118- required for approval of an alternative fuel conversion system
1119- for new and relatively new vehicles or engines under 40 C.F.R.
1120- Part 85 ["Advisory board" means the Texas Emissions Reduction
1121- Plan Advisory Board].
1092+ demonstration by the emissions data used to certify or approve the
1093+ vehicle or engine, if the commission determines the testing used to
1094+ obtain the emissions data is consistent with the testing required
1095+ for approval of an alternative fuel conversion system for new and
1096+ relatively new vehicles or engines under 40 C.F.R. Part 85
1097+ ["Advisory board" means the Texas Emissions Reduction Plan Advisory
1098+ Board].
11221099 (1-a) "Clean transportation zone" has the meaning
11231100 assigned by Section 393.001.
1124- (4) "Heavy-duty motor vehicle" means a motor
1125- vehicle that [with]:
1101+ (4) "Heavy-duty motor vehicle" means a motor vehicle
1102+ that [with]:
11261103 (A) has a gross vehicle weight rating of more
11271104 than 8,500 pounds; and
1128- (B) is certified to or has an engine certified
1129- to the United States Environmental Protection Agency's emissions
1105+ (B) is certified to or has an engine certified to
1106+ the United States Environmental Protection Agency's emissions
11301107 standards for heavy-duty vehicles or engines.
11311108 (5) "Incremental cost" has the meaning assigned by
11321109 Section 386.001 [means the difference between the manufacturer's
1133- suggested retail price of a baseline vehicle, the documented
1134- dealer price of a baseline vehicle, cost to lease or otherwise
1110+ suggested retail price of a baseline vehicle, the documented dealer
1111+ price of a baseline vehicle, cost to lease or otherwise
11351112 commercially finance a baseline vehicle, cost to repower with a
1136- baseline engine, or other appropriate baseline cost established
1137- by the commission, and the actual cost of the natural gas vehicle
1113+ baseline engine, or other appropriate baseline cost established by
1114+ the commission, and the actual cost of the natural gas vehicle
11381115 purchase, lease, or other commercial financing, or repower].
11391116 (7-a) "Natural gas engine" means an engine that
11401117 operates:
1141- (A) solely on natural gas, including
1142- compressed natural gas, liquefied natural gas, or liquefied
1143- petroleum gas; or
1144- (B) on a combination of diesel fuel and
1145- natural gas, including compressed natural gas, liquefied natural
1146- gas, or liquefied petroleum gas, and is capable of achieving at
1147- least 60 percent displacement of diesel fuel with natural gas.
1118+ (A) solely on natural gas, including compressed
1119+ natural gas, liquefied natural gas, or liquefied petroleum gas; or
1120+ (B) on a combination of diesel fuel and natural
1121+ gas, including compressed natural gas, liquefied natural gas, or
1122+ liquefied petroleum gas, and is capable of achieving at least 60
1123+ percent displacement of diesel fuel with natural gas.
11481124 (8) "Natural gas vehicle" means a motor vehicle that
11491125 is powered by a natural gas engine [receives not less than 75
11501126 percent of its power from compressed or liquefied natural gas].
11511127 (p-1) Effective on the date that the Texas Emissions
1152- Reduction Plan Advisory Board is abolished under Subsection (a)
1153- of this section, Section 394.003(a), Health and Safety Code, is
1128+ Reduction Plan Advisory Board is abolished under Subsection (a) of
1129+ this section, Section 394.003(a), Health and Safety Code, is
11541130 amended to read as follows:
1155- (a) A vehicle is a qualifying vehicle that may be
1156- considered for a grant under the program if during the
1157- eligibility period established by the commission [calendar year]
1158- the entity:
1131+ (a) A vehicle is a qualifying vehicle that may be considered
1132+ for a grant under the program if during the eligibility period
1133+ established by the commission [calendar year] the entity:
11591134 (1) purchased, leased, or otherwise commercially
11601135 financed the vehicle as a new on-road heavy-duty or medium-duty
11611136 motor vehicle that:
11621137 (A) is a natural gas vehicle;
11631138 (B) is certified to the appropriate current
11641139 federal emissions standards as determined by the commission; and
11651140 (C) replaces an on-road heavy-duty or
11661141 medium-duty motor vehicle of the same weight classification and
11671142 use; [and
11681143 [(D) is powered by an engine certified to:
11691144 [(i) emit not more than 0.2 grams of
11701145 nitrogen oxides per brake horsepower hour; or
11711146 [(ii) meet or exceed the United States
11721147 Environmental Protection Agency's Bin 5 standard for light-duty
11731148 engines when powering the vehicle;] or
11741149 (2) repowered the on-road motor vehicle to a natural
11751150 gas vehicle powered by a natural gas engine that[:
11761151 [(A)] is certified to the appropriate current
1177- federal emissions standards as determined by the commission[;
1178- and
1152+ federal emissions standards as determined by the commission[; and
11791153 [(B) is:
1180- [(i) a heavy-duty engine that is
1181- certified to emit not more than 0.2 grams of nitrogen oxides per
1182- brake horsepower hour; or
1154+ [(i) a heavy-duty engine that is certified
1155+ to emit not more than 0.2 grams of nitrogen oxides per brake
1156+ horsepower hour; or
11831157 [(ii) certified to meet or exceed the
1184- United States Environmental Protection Agency's Bin 5 standard
1185- for light-duty engines when powering the vehicle].
1158+ United States Environmental Protection Agency's Bin 5 standard for
1159+ light-duty engines when powering the vehicle].
11861160 (p-2) Effective on the date that the Texas Emissions
1187- Reduction Plan Advisory Board is abolished under Subsection (a)
1188- of this section, Section 394.005, Health and Safety Code, is
1189- amended by amending Subsections (a), (b), (c), (f), (g), and (i)
1190- and adding Subsection (c-1) to read as follows:
1161+ Reduction Plan Advisory Board is abolished under Subsection (a) of
1162+ this section, Section 394.005, Health and Safety Code, is amended
1163+ by amending Subsections (a), (b), (c), (f), (g), and (i) and adding
1164+ Subsection (c-1) to read as follows:
11911165 (a) The commission [by rule] shall establish criteria for
1192- prioritizing qualifying vehicles eligible to receive grants
1193- under this chapter. The commission shall review and revise the
1194- criteria as appropriate [after consultation with the advisory
1195- board].
1166+ prioritizing qualifying vehicles eligible to receive grants under
1167+ this chapter. The commission shall review and revise the criteria
1168+ as appropriate [after consultation with the advisory board].
11961169 (b) To be eligible for a grant under the program:
11971170 (1) the use of the qualifying vehicle must be
1198- projected to result in a reduction in emissions of nitrogen
1199- oxides of at least 25 percent as compared to the motor vehicle or
1200- engine being replaced, based on:
1171+ projected to result in a reduction in emissions of nitrogen oxides
1172+ of at least 25 percent as compared to the motor vehicle or engine
1173+ being replaced, based on:
12011174 (A) the baseline emission level set by the
12021175 commission under Subsection (g); and
12031176 (B) the certified emission rate of the new
12041177 vehicle; and
12051178 (2) the qualifying vehicle must:
12061179 (A) replace a heavy-duty or medium-duty motor
12071180 vehicle that:
12081181 (i) is an on-road vehicle that has been
12091182 owned, leased, or otherwise commercially financed and registered
12101183 and operated by the applicant in Texas for at least the two years
12111184 immediately preceding the submission of a grant application;
1212- (ii) satisfies any minimum average
1213- annual mileage or fuel usage requirements established by the
1214- commission;
1215- (iii) satisfies any minimum percentage
1216- of annual usage requirements established by the commission; and
1185+ (ii) satisfies any minimum average annual
1186+ mileage or fuel usage requirements established by the commission;
1187+ (iii) satisfies any minimum percentage of
1188+ annual usage requirements established by the commission; and
12171189 (iv) is in operating condition and has at
12181190 least two years of remaining useful life, as determined in
12191191 accordance with criteria established by the commission; [or]
12201192 (B) replace a heavy-duty or medium-duty motor
12211193 vehicle that:
12221194 (i) is owned by the applicant;
12231195 (ii) is an on-road vehicle that has been:
12241196 (a) owned, leased, or otherwise
1225- commercially financed and operated in Texas as a fleet vehicle
1226- for at least the two years immediately preceding the submission
1227- of a grant application; and
1228- (b) registered in a county located
1229- in the clean transportation zone for at least the two years
1197+ commercially financed and operated in Texas as a fleet vehicle for
1198+ at least the two years immediately preceding the submission of a
1199+ grant application; and
1200+ (b) registered in a county located in
1201+ the clean transportation zone for at least the two years
12301202 immediately preceding the submission of a grant application; and
12311203 (iii) otherwise satisfies the mileage,
1232- usage, and useful life requirements established under Paragraph
1233- (A) as determined by documentation associated with the vehicle;
1234- or
1235- (C) be a heavy-duty or medium-duty motor
1236- vehicle repowered with a natural gas engine that:
1237- (i) is installed in an on-road vehicle
1238- that has been owned, leased, or otherwise commercially financed
1239- and registered and operated by the applicant in Texas for at
1240- least the two years immediately preceding the submission of a
1241- grant application;
1242- (ii) satisfies any minimum average
1243- annual mileage or fuel usage requirements established by the
1244- commission;
1245- (iii) satisfies any minimum percentage
1246- of annual usage requirements established by the commission; and
1204+ usage, and useful life requirements established under Paragraph (A)
1205+ as determined by documentation associated with the vehicle; or
1206+ (C) be a heavy-duty or medium-duty motor vehicle
1207+ repowered with a natural gas engine that:
1208+ (i) is installed in an on-road vehicle that
1209+ has been owned, leased, or otherwise commercially financed and
1210+ registered and operated by the applicant in Texas for at least the
1211+ two years immediately preceding the submission of a grant
1212+ application;
1213+ (ii) satisfies any minimum average annual
1214+ mileage or fuel usage requirements established by the commission;
1215+ (iii) satisfies any minimum percentage of
1216+ annual usage requirements established by the commission; and
12471217 (iv) is installed in an on-road vehicle
12481218 that, at the time of the vehicle's repowering, was in operating
12491219 condition and had at least two years of remaining useful life, as
12501220 determined in accordance with criteria established by the
12511221 commission.
12521222 (c) As a condition of receiving a grant, the qualifying
12531223 vehicle must be continuously owned, leased, or otherwise
12541224 commercially financed and registered and operated in the state by
1255- the grant recipient until the earlier of the fourth anniversary
1256- of the activity start date established by the commission [the
1257- date of reimbursement of the grant-funded expenses] or [until]
1258- the date the vehicle has been in operation for 400,000 miles
1259- after the activity start date established by the commission [of
1260- reimbursement]. Not less than 75 percent of the annual use of the
1261- qualifying vehicle, either mileage or fuel use as determined by
1262- the commission, must occur in the clean transportation zone[:
1263- [(1) the counties any part of which are included in
1264- the area described by Section 394.010(a); or
1225+ the grant recipient until the earlier of the fourth anniversary of
1226+ the activity start date established by the commission [the date of
1227+ reimbursement of the grant-funded expenses] or [until] the date the
1228+ vehicle has been in operation for 400,000 miles after the activity
1229+ start date established by the commission [of reimbursement]. Not
1230+ less than 75 percent of the annual use of the qualifying vehicle,
1231+ either mileage or fuel use as determined by the commission, must
1232+ occur in the clean transportation zone[:
1233+ [(1) the counties any part of which are included in the
1234+ area described by Section 394.010(a); or
12651235 [(2) counties designated as nonattainment areas
12661236 within the meaning of Section 107(d) of the federal Clean Air Act
12671237 (42 U.S.C. Section 7407)].
1268- (c-1) For purposes of Subsection (c), the commission
1269- shall establish the activity start date based on the date the
1270- commission accepts verification of the disposition of the
1271- vehicle or engine.
1238+ (c-1) For purposes of Subsection (c), the commission shall
1239+ establish the activity start date based on the date the commission
1240+ accepts verification of the disposition of the vehicle or engine.
12721241 (f) A heavy-duty or medium-duty motor vehicle replaced
12731242 under this program must be rendered permanently inoperable by
12741243 crushing the vehicle, by making a hole in the engine block and
12751244 permanently destroying the frame of the vehicle, or by another
1276- method approved by the commission, or be [that] permanently
1277- removed [removes the vehicle] from operation in this state. The
1278- commission shall establish criteria for ensuring the permanent
1279- destruction or permanent removal of the engine or vehicle. The
1280- commission shall enforce the destruction and removal
1281- requirements. For purposes of this subsection, "permanent
1282- removal" means the permanent export of the vehicle or engine to a
1283- destination outside of the United States, Canada, or the United
1284- Mexican States.
1285- (g) The commission shall establish baseline emission
1286- levels for emissions of nitrogen oxides for on-road heavy-duty or
1287- medium-duty motor vehicles being replaced or repowered by using
1288- the emission certification for the engine or vehicle being
1289- replaced. The commission may consider deterioration of the
1290- emission performance of the engine of the vehicle being replaced
1291- in establishing the baseline emission level. The commission may
1245+ method approved by the commission, or be [that] permanently removed
1246+ [removes the vehicle] from operation in this state. The commission
1247+ shall establish criteria for ensuring the permanent destruction or
1248+ permanent removal of the engine or vehicle. The commission shall
1249+ enforce the destruction and removal requirements. For purposes of
1250+ this subsection, "permanent removal" means the permanent export of
1251+ the vehicle or engine to a destination outside of the United States,
1252+ Canada, or the United Mexican States.
1253+ (g) The commission shall establish baseline emission levels
1254+ for emissions of nitrogen oxides for on-road heavy-duty or
1255+ medium-duty motor vehicles being replaced or repowered by using the
1256+ emission certification for the engine or vehicle being replaced.
1257+ The commission may consider deterioration of the emission
1258+ performance of the engine of the vehicle being replaced in
1259+ establishing the baseline emission level. The commission may
12921260 consider and establish baseline emission rates for additional
12931261 pollutants of concern[, as determined by the commission . . . .
12941262 (i) The executive director may [shall] waive the
1295- requirements of Subsection (b)(2)(A)(i) or (B)(ii) on a finding
1296- of good cause, which may include short lapses in registration or
1263+ requirements of Subsection (b)(2)(A)(i) or (B)(ii) on a finding of
1264+ good cause, which may include short lapses in registration or
12971265 operation due to economic conditions, seasonal work, or other
12981266 circumstances.
1299- (q) Effective on the date that the Texas Emissions
1300- Reduction Plan Advisory Board is abolished under Subsection (a)
1301- of this section, Section 394.006, Health and Safety Code, is
1302- amended to read as follows:
1303- Sec. 394.006. RESTRICTION ON USE OF GRANT. A recipient
1304- of a grant under this chapter shall use the grant to pay the
1305- incremental costs of the replacement or vehicle repower for which
1306- the grant is made, which may include a portion of the initial cost
1307- of the natural gas vehicle or natural gas engine, including the
1308- cost of the natural gas fuel system and installation [and the
1309- reasonable and necessary expenses incurred for the labor needed
1310- to install emissions-reducing equipment]. The recipient may not
1311- use the grant to pay the recipient's administrative expenses.
1267+ (q) Effective on the date that the Texas Emissions Reduction
1268+ Plan Advisory Board is abolished under Subsection (a) of this
1269+ section, Section 394.006, Health and Safety Code, is amended to
1270+ read as follows:
1271+ Sec. 394.006. RESTRICTION ON USE OF GRANT. A recipient of a
1272+ grant under this chapter shall use the grant to pay the incremental
1273+ costs of the replacement or vehicle repower for which the grant is
1274+ made, which may include a portion of the initial cost of the natural
1275+ gas vehicle or natural gas engine, including the cost of the natural
1276+ gas fuel system and installation [and the reasonable and necessary
1277+ expenses incurred for the labor needed to install
1278+ emissions-reducing equipment]. The recipient may not use the
1279+ grant to pay the recipient's administrative expenses.
13121280 (q-1) Effective on the date that the Texas Emissions
1313- Reduction Plan Advisory Board is abolished under Subsection (a)
1314- of this section, Section 394.007(c), Health and Safety Code, is
1281+ Reduction Plan Advisory Board is abolished under Subsection (a) of
1282+ this section, Section 394.007(c), Health and Safety Code, is
13151283 amended to read as follows:
13161284 (c) A person may not receive a grant under this chapter
13171285 that, when combined with any other grant, tax credit, or other
1318- governmental incentive, exceeds the incremental cost of the
1319- vehicle or vehicle repower for which the grant is awarded. A
1320- person shall return to the commission the amount of a grant
1321- awarded under this chapter that, when combined with any other
1322- grant, tax credit, or other governmental incentive, exceeds the
1323- incremental cost of the vehicle or vehicle repower for which the
1324- grant is awarded.
1286+ governmental incentive, exceeds the incremental cost of the vehicle
1287+ or vehicle repower for which the grant is awarded. A person shall
1288+ return to the commission the amount of a grant awarded under this
1289+ chapter that, when combined with any other grant, tax credit, or
1290+ other governmental incentive, exceeds the incremental cost of the
1291+ vehicle or vehicle repower for which the grant is awarded.
13251292 (q-2) Effective on the date that the Texas Emissions
1326- Reduction Plan Advisory Board is abolished under Subsection (a)
1327- of this section, Sections 394.008(a) and (b), Health and Safety
1328- Code, are amended to read as follows:
1329- (a) The commission shall establish [adopt] procedures
1330- for:
1293+ Reduction Plan Advisory Board is abolished under Subsection (a) of
1294+ this section, Sections 394.008(a) and (b), Health and Safety Code,
1295+ are amended to read as follows:
1296+ (a) The commission shall establish [adopt] procedures for:
13311297 (1) awarding grants under this chapter to reimburse
13321298 eligible costs; [in the form of rebates; and]
1333- (2) streamlining the grant application,
1334- contracting, reimbursement, and reporting process for qualifying
1335- natural gas vehicle purchases or repowers; and
1336- (3) preapproving the award of grants to applicants
1337- who propose to purchase and replace motor vehicles described by
1338- Section 394.005(b)(2)(B).
1299+ (2) streamlining the grant application, contracting,
1300+ reimbursement, and reporting process for qualifying natural gas
1301+ vehicle purchases or repowers; and
1302+ (3) preapproving the award of grants to applicants who
1303+ propose to purchase and replace motor vehicles described by Section
1304+ 394.005(b)(2)(B).
13391305 (b) Procedures established [adopted] under this section
13401306 must:
13411307 (1) provide for the commission to compile and
13421308 regularly update a listing of potentially eligible [preapproved]
1343- natural gas vehicles and natural gas engines that are certified
1344- to the appropriate current federal emissions standards as
1345- determined by the commission[:
1346- [(A) powered by natural gas engines certified
1347- to emit not more than 0.2 grams of nitrogen oxides per brake
1348- horsepower hour; or
1309+ natural gas vehicles and natural gas engines that are certified to
1310+ the appropriate current federal emissions standards as determined
1311+ by the commission[:
1312+ [(A) powered by natural gas engines certified to
1313+ emit not more than 0.2 grams of nitrogen oxides per brake horsepower
1314+ hour; or
13491315 [(B) certified to the United States
13501316 Environmental Protection Agency's light-duty Bin 5 standard or
13511317 better];
13521318 (2) [if a federal standard for the calculation of
13531319 emissions reductions exists,] provide a method to calculate the
13541320 reduction in emissions of nitrogen oxides, volatile organic
13551321 compounds, carbon monoxide, particulate matter, and sulfur
13561322 compounds for each replacement or repowering;
13571323 (3) assign a standardized grant [rebate] amount for
13581324 each qualifying vehicle or engine repower under Section 394.007;
1359- (4) allow for processing applications [rebates] on
1360- an ongoing first-come, first-served basis;
1361- (5) [provide for contracts between the commission
1362- and participating dealers under Section 394.009;
1325+ (4) allow for processing applications [rebates] on an
1326+ ongoing first-come, first-served basis;
1327+ (5) [provide for contracts between the commission and
1328+ participating dealers under Section 394.009;
13631329 [(6) allow grant recipients to assign their grant
13641330 funds to participating dealers to offset the purchase or lease
13651331 price;
1366- [(7)] require grant applicants to identify natural
1367- gas fueling stations that are available to fuel the qualifying
1368- vehicle in the area of its use;
1369- (6) [(8)] provide for payment not later than the
1370- 30th day after the date the request for reimbursement for an
1371- approved grant is received;
1332+ [(7)] require grant applicants to identify natural gas
1333+ fueling stations that are available to fuel the qualifying vehicle
1334+ in the area of its use;
1335+ (6) [(8)] provide for payment not later than the 30th
1336+ day after the date the request for reimbursement for an approved
1337+ grant is received;
13721338 (7) [(9)] provide for application submission and
13731339 application status checks using procedures established by the
13741340 commission, which may include application submission and status
13751341 checks to be made over the Internet; and
13761342 (8) [(10)] consolidate, simplify, and reduce the
13771343 administrative work for applicants and the commission associated
1378- with grant application, contracting, reimbursement, and
1379- reporting requirements.
1380- (r) Effective on the date that the Texas Emissions
1381- Reduction Plan Advisory Board is abolished under Subsection (a)
1382- of this section, Section 394.012, Health and Safety Code, is
1383- amended to read as follows:
1384- Sec. 394.012. EXPIRATION. This chapter expires on the
1385- last day of the state fiscal biennium during which the commission
1344+ with grant application, contracting, reimbursement, and reporting
1345+ requirements.
1346+ (r) Effective on the date that the Texas Emissions Reduction
1347+ Plan Advisory Board is abolished under Subsection (a) of this
1348+ section, Section 394.012, Health and Safety Code, is amended to
1349+ read as follows:
1350+ Sec. 394.012. EXPIRATION. This chapter expires on the last
1351+ day of the state fiscal biennium during which the commission
13861352 publishes in the Texas Register the notice required by Section
13871353 382.037 [August 31, 2017].
13881354 (r-1) Effective on the date that the Texas Emissions
1389- Reduction Plan Advisory Board is abolished under Subsection (a)
1390- of this section, Subtitle C, Title 5, Health and Safety Code, is
1355+ Reduction Plan Advisory Board is abolished under Subsection (a) of
1356+ this section, Subtitle C, Title 5, Health and Safety Code, is
13911357 amended by adding Chapter 395 to read as follows:
13921358 CHAPTER 395. GOVERNMENTAL ALTERNATIVE FUEL FLEET GRANT PROGRAM
13931359 Sec. 395.001. DEFINITIONS. In this chapter:
1394- (1) "Alternative fuel" means compressed natural
1395- gas, liquefied natural gas, liquefied petroleum gas, hydrogen
1396- fuel cells, or electricity, including electricity to power fully
1360+ (1) "Alternative fuel" means compressed natural gas,
1361+ liquefied natural gas, liquefied petroleum gas, hydrogen fuel
1362+ cells, or electricity, including electricity to power fully
13971363 electric motor vehicles and plug-in hybrid motor vehicles.
13981364 (2) "Commission" means the Texas Commission on
13991365 Environmental Quality.
14001366 (3) "Incremental cost" has the meaning assigned by
14011367 Section 386.001.
14021368 (4) "Motor vehicle" means a self-propelled device
14031369 designed for transporting persons or property on a public highway
1404- that is required to be registered under Chapter 502,
1405- Transportation Code.
1370+ that is required to be registered under Chapter 502, Transportation
1371+ Code.
14061372 (5) "Plug-in hybrid motor vehicle" has the meaning
14071373 assigned by Section 2158.001, Government Code.
14081374 (6) "Political subdivision" means a county,
14091375 municipality, school district, junior college district, river
14101376 authority, water district or other special district, or other
1411- political subdivision created under the constitution or a
1412- statute of this state.
1413- (7) "Program" means the governmental alternative
1414- fuel fleet grant program established under this chapter.
1415- (8) "State agency" has the meaning assigned by
1416- Section 2151.002, Government Code, and includes the commission.
1417- Sec. 395.002. PROGRAM. (a) The commission shall
1418- establish and administer a governmental alternative fuel fleet
1419- grant program to assist an eligible applicant described by
1420- Section 395.003 in purchasing or leasing new motor vehicles that
1421- operate primarily on an alternative fuel.
1377+ political subdivision created under the constitution or a statute
1378+ of this state.
1379+ (7) "Program" means the governmental alternative fuel
1380+ fleet grant program established under this chapter.
1381+ (8) "State agency" has the meaning assigned by Section
1382+ 2151.002, Government Code, and includes the commission.
1383+ Sec. 395.002. PROGRAM. (a) The commission shall establish
1384+ and administer a governmental alternative fuel fleet grant program
1385+ to assist an eligible applicant described by Section 395.003 in
1386+ purchasing or leasing new motor vehicles that operate primarily on
1387+ an alternative fuel.
14221388 (b) The program may provide a grant to an applicant
14231389 described by Section 395.003 to:
1424- (1) purchase or lease a new motor vehicle described
1425- by Section 395.004; or
1390+ (1) purchase or lease a new motor vehicle described by
1391+ Section 395.004; or
14261392 (2) purchase, lease, or install refueling
14271393 infrastructure or equipment or procure refueling services as
1428- described by Section 395.005 to store and dispense alternative
1429- fuel needed for a motor vehicle described by Subdivision (1) of
1430- this subsection.
1431- Sec. 395.003. ELIGIBLE APPLICANTS. (a) A state agency
1432- or political subdivision is eligible to apply for a grant under
1433- the program if the entity operates a fleet of more than 15 motor
1434- vehicles, excluding motor vehicles that are owned and operated by
1435- a private company or other third party under a contract with the
1394+ described by Section 395.005 to store and dispense alternative fuel
1395+ needed for a motor vehicle described by Subdivision (1) of this
1396+ subsection.
1397+ Sec. 395.003. ELIGIBLE APPLICANTS. (a) A state agency or
1398+ political subdivision is eligible to apply for a grant under the
1399+ program if the entity operates a fleet of more than 15 motor
1400+ vehicles, excluding motor vehicles that are owned and operated by a
1401+ private company or other third party under a contract with the
14361402 entity.
14371403 (b) A mass transit or school transportation provider or
14381404 other public entity established to provide public or school
1439- transportation services is eligible for a grant under the
1440- program.
1405+ transportation services is eligible for a grant under the program.
14411406 Sec. 395.004. MOTOR VEHICLE REQUIREMENTS. (a) A grant
14421407 recipient may purchase or lease with money from a grant under the
14431408 program a new motor vehicle that is originally manufactured to
14441409 operate using one or more alternative fuels or is converted to
1445- operate using one or more alternative fuels before the first
1446- retail sale of the vehicle, and that:
1410+ operate using one or more alternative fuels before the first retail
1411+ sale of the vehicle, and that:
14471412 (1) has a dedicated system, dual-fuel system, or
14481413 bi-fuel system; and
14491414 (2) if the motor vehicle is a fully electric motor
14501415 vehicle or plug-in hybrid motor vehicle, has a United States
14511416 Environmental Protection Agency rating of at least 75 miles per
14521417 gallon equivalent or a 75-mile combined city and highway range.
14531418 (b) A grant recipient may not use money from a grant under
1454- the program to replace a motor vehicle, transit bus, or school
1455- bus that operates on an alternative fuel unless the replacement
1456- vehicle produces fewer emissions and has greater fuel efficiency
1457- than the vehicle being replaced.
1419+ the program to replace a motor vehicle, transit bus, or school bus
1420+ that operates on an alternative fuel unless the replacement vehicle
1421+ produces fewer emissions and has greater fuel efficiency than the
1422+ vehicle being replaced.
14581423 Sec. 395.005. REFUELING INFRASTRUCTURE, EQUIPMENT, AND
14591424 SERVICES. A grant recipient may purchase, lease, or install
14601425 refueling infrastructure or equipment or procure refueling
14611426 services with money from a grant under the program if:
1462- (1) the purchase, lease, installation, or
1463- procurement is made in conjunction with the purchase or lease of
1464- a motor vehicle as described by Section 395.004 or the conversion
1465- of a motor vehicle to operate primarily on an alternative fuel;
1466- (2) the grant recipient demonstrates that a
1467- refueling station that meets the needs of the recipient is not
1468- available within five miles of the location at which the
1469- recipient's vehicles are stored or primarily used; and
1427+ (1) the purchase, lease, installation, or procurement
1428+ is made in conjunction with the purchase or lease of a motor vehicle
1429+ as described by Section 395.004 or the conversion of a motor vehicle
1430+ to operate primarily on an alternative fuel;
1431+ (2) the grant recipient demonstrates that a refueling
1432+ station that meets the needs of the recipient is not available
1433+ within five miles of the location at which the recipient's vehicles
1434+ are stored or primarily used; and
14701435 (3) for the purchase or installation of refueling
1471- infrastructure or equipment, the infrastructure or equipment
1472- will be owned and operated by the grant recipient, and for the
1473- lease of refueling infrastructure or equipment or the
1474- procurement of refueling services, a third-party service
1475- provider engaged by the grant recipient will provide the
1476- infrastructure, equipment, or services.
1436+ infrastructure or equipment, the infrastructure or equipment will
1437+ be owned and operated by the grant recipient, and for the lease of
1438+ refueling infrastructure or equipment or the procurement of
1439+ refueling services, a third-party service provider engaged by the
1440+ grant recipient will provide the infrastructure, equipment, or
1441+ services.
14771442 Sec. 395.006. ELIGIBLE COSTS. (a) A motor vehicle lease
14781443 agreement paid for with money from a grant under the program must
14791444 have a term of at least three years.
14801445 (b) Refueling infrastructure or equipment purchased or
14811446 installed with money from a grant under the program must be used
1482- specifically to store or dispense alternative fuel, as
1483- determined by the commission.
1447+ specifically to store or dispense alternative fuel, as determined
1448+ by the commission.
14841449 (c) A lease of or service agreement for refueling
14851450 infrastructure, equipment, or services paid for with money from a
14861451 grant under the program must have a term of at least three years.
14871452 Sec. 395.007. GRANT AMOUNTS. (a) The commission may
1488- establish standardized grant amounts based on the incremental
1489- costs associated with the purchase or lease of different
1490- categories of motor vehicles, including the type of fuel used,
1491- vehicle class, and other categories the commission considers
1492- appropriate.
1453+ establish standardized grant amounts based on the incremental costs
1454+ associated with the purchase or lease of different categories of
1455+ motor vehicles, including the type of fuel used, vehicle class, and
1456+ other categories the commission considers appropriate.
14931457 (b) In determining the incremental costs and setting the
14941458 standardized grant amounts, the commission may consider the
14951459 difference in cost between a new motor vehicle operated using
14961460 conventional gasoline or diesel fuel and a new motor vehicle
14971461 operated using alternative fuel.
14981462 (c) The amount of a grant for the purchase or lease of a
1499- motor vehicle may not exceed the amount of the incremental cost
1500- of the purchase or lease.
1501- (d) The commission may establish grant amounts to
1502- reimburse the full cost of the purchase, lease, installation, or
1503- procurement of refueling infrastructure, equipment, or services
1504- or may establish criteria for reimbursing a percentage of the
1505- cost.
1506- (e) A grant under the program may be combined with
1507- funding from other sources, including other grant programs,
1508- except that a grant may not be combined with other funding or
1509- grants from the Texas emissions reduction plan. When combined
1510- with other funding sources, a grant may not exceed the total cost
1511- to the grant recipient.
1463+ motor vehicle may not exceed the amount of the incremental cost of
1464+ the purchase or lease.
1465+ (d) The commission may establish grant amounts to reimburse
1466+ the full cost of the purchase, lease, installation, or procurement
1467+ of refueling infrastructure, equipment, or services or may
1468+ establish criteria for reimbursing a percentage of the cost.
1469+ (e) A grant under the program may be combined with funding
1470+ from other sources, including other grant programs, except that a
1471+ grant may not be combined with other funding or grants from the
1472+ Texas emissions reduction plan. When combined with other funding
1473+ sources, a grant may not exceed the total cost to the grant
1474+ recipient.
15121475 (f) In providing a grant for the lease of a motor vehicle
15131476 under this chapter, the commission shall establish criteria:
15141477 (1) to offset incremental costs through an up-front
15151478 payment to lower the cost basis of the lease; or
15161479 (2) if determined appropriate by the commission, to
15171480 provide for reimbursement of lease payments over no more than the
15181481 period of availability of the contracted funds under applicable
15191482 state law and regulation, which may be less than the required
15201483 three-year lease term.
15211484 (g) In providing a grant for the lease of refueling
15221485 infrastructure, equipment, or services, the commission shall
15231486 establish criteria:
15241487 (1) to offset incremental costs through an up-front
15251488 payment to lower the cost basis of the lease; or
15261489 (2) if determined appropriate by the commission, to
15271490 provide for reimbursement of lease payments over no more than the
15281491 period of availability of the contracted funds under applicable
15291492 state law and regulation, which may be less than the required
15301493 three-year lease term.
1531- (h) Notwithstanding Subsection (d), the commission is
1532- not obligated to fund the full cost of the purchase, lease,
1494+ (h) Notwithstanding Subsection (d), the commission is not
1495+ obligated to fund the full cost of the purchase, lease,
15331496 installation, or procurement of refueling infrastructure,
15341497 equipment, or services if those costs cannot be incurred and
15351498 reimbursed over the period of availability of the funds under
15361499 applicable state law and regulation.
1537- Sec. 395.008. AVAILABILITY OF EMISSIONS REDUCTION
1538- CREDITS. (a) A project that is funded from a grant under the
1539- program and that would generate marketable emissions reduction
1540- credits under a state or federal emissions reduction credit
1541- averaging, banking, or trading program is not eligible for
1542- funding under the program unless:
1543- (1) the project includes the transfer of the
1544- credits, or the reductions that would otherwise be marketable
1545- credits, to the commission and, if applicable, the state
1546- implementation plan; and
1500+ Sec. 395.008. AVAILABILITY OF EMISSIONS REDUCTION CREDITS.
1501+ (a) A project that is funded from a grant under the program and
1502+ that would generate marketable emissions reduction credits under a
1503+ state or federal emissions reduction credit averaging, banking, or
1504+ trading program is not eligible for funding under the program
1505+ unless:
1506+ (1) the project includes the transfer of the credits,
1507+ or the reductions that would otherwise be marketable credits, to
1508+ the commission and, if applicable, the state implementation plan;
1509+ and
15471510 (2) the credits or reductions, as applicable, are
15481511 permanently retired.
1549- (b) An emissions reduction generated by a purchase or
1550- lease under this chapter may be used to demonstrate conformity
1551- with the state implementation plan.
1512+ (b) An emissions reduction generated by a purchase or lease
1513+ under this chapter may be used to demonstrate conformity with the
1514+ state implementation plan.
15521515 Sec. 395.009. USE OF GRANT MONEY. A grant recipient when
15531516 using money from a grant under the program shall prioritize:
15541517 (1) the purchase or lease of new motor vehicles,
15551518 including new motor vehicles that are converted to operate on an
1556- alternative fuel, when replacing vehicles or adding vehicles to
1557- the fleet;
1558- (2) the purchase of new motor vehicles, including
1559- new motor vehicles that are converted to operate on an
1560- alternative fuel, to replace vehicles that have the highest total
1561- mileage and do not use an alternative fuel; and
1519+ alternative fuel, when replacing vehicles or adding vehicles to the
1520+ fleet;
1521+ (2) the purchase of new motor vehicles, including new
1522+ motor vehicles that are converted to operate on an alternative
1523+ fuel, to replace vehicles that have the highest total mileage and do
1524+ not use an alternative fuel; and
15621525 (3) to the extent feasible, obtaining, whether by
15631526 purchase, purchase and conversion, or lease, motor vehicles that
15641527 use compressed natural gas, liquefied natural gas, or liquefied
15651528 petroleum gas.
15661529 Sec. 395.010. GRANT PROCEDURES AND CRITERIA. (a) The
15671530 commission shall establish specific criteria and procedures in
15681531 order to implement and administer the program, including the
15691532 creation and provision of application forms and guidance on the
15701533 application process.
15711534 (b) The commission shall award a grant through a contract
15721535 between the commission and the grant recipient.
15731536 (c) The commission shall provide an online application
1574- process for the submission of all required application
1575- documents.
1576- (d) The commission may limit funding for a particular
1577- period according to priorities established by the commission,
1578- including limiting the availability of grants to specific
1579- entities, for certain types of vehicles and infrastructure, or to
1580- certain geographic areas to ensure equitable distribution of
1581- grant funds across the state.
1537+ process for the submission of all required application documents.
1538+ (d) The commission may limit funding for a particular period
1539+ according to priorities established by the commission, including
1540+ limiting the availability of grants to specific entities, for
1541+ certain types of vehicles and infrastructure, or to certain
1542+ geographic areas to ensure equitable distribution of grant funds
1543+ across the state.
15821544 (e) In awarding grants under the program, the commission
15831545 shall prioritize projects in the following order:
15841546 (1) projects that are proposed by a state agency;
1585- (2) projects that are in or near a nonattainment
1586- area;
1547+ (2) projects that are in or near a nonattainment area;
15871548 (3) projects that are in an affected county, as that
15881549 term is defined by Section 386.001; and
1589- (4) projects that will produce the greatest
1590- emissions reductions.
1591- (f) In addition to the requirements under Subsection (e),
1592- in awarding grants under the program, the commission shall
1593- consider:
1550+ (4) projects that will produce the greatest emissions
1551+ reductions.
1552+ (f) In addition to the requirements under Subsection (e), in
1553+ awarding grants under the program, the commission shall consider:
15941554 (1) the total amount of the emissions reduction that
15951555 would be achieved from the project;
15961556 (2) the type and number of vehicles purchased or
15971557 leased;
15981558 (3) the location of the fleet and the refueling
15991559 infrastructure or equipment;
1600- (4) the number of vehicles served and the rate at
1601- which vehicles are served by the refueling infrastructure or
1602- equipment;
1603- (5) the amount of any matching funds committed by
1604- the applicant; and
1560+ (4) the number of vehicles served and the rate at which
1561+ vehicles are served by the refueling infrastructure or equipment;
1562+ (5) the amount of any matching funds committed by the
1563+ applicant; and
16051564 (6) the schedule for project completion.
1606- (g) The commission may not award more than 10 percent of
1607- the total amount awarded under the program in any fiscal year for
1565+ (g) The commission may not award more than 10 percent of the
1566+ total amount awarded under the program in any fiscal year for
16081567 purchasing, leasing, installing, or procuring refueling
16091568 infrastructure, equipment, or services.
16101569 Sec. 395.011. FUNDING. The legislature may appropriate
16111570 money to the commission from the Texas emissions reduction plan
1612- fund established under Section 386.251 to administer the
1613- program.
1614- Sec. 395.012. ADMINISTRATIVE COSTS. In each fiscal
1615- year, the commission may use up to 1.5 percent of the total amount
1616- of money allocated to the program in that fiscal year, but not
1617- more than $1 million, for the administrative costs of the
1618- program.
1571+ fund established under Section 386.251 to administer the program.
1572+ Sec. 395.012. ADMINISTRATIVE COSTS. In each fiscal year,
1573+ the commission may use up to 1.5 percent of the total amount of
1574+ money allocated to the program in that fiscal year, but not more
1575+ than $1 million, for the administrative costs of the program.
16191576 Sec. 395.013. RULES. The commission may adopt rules as
16201577 necessary to implement this chapter.
1621- Sec. 395.014. REPORT REQUIRED. On or before November 1
1622- of each even-numbered year, the commission shall submit to the
1578+ Sec. 395.014. REPORT REQUIRED. On or before November 1 of
1579+ each even-numbered year, the commission shall submit to the
16231580 governor, lieutenant governor, and members of the legislature a
16241581 report that includes the following information regarding awards
1625- made under the program during the preceding state fiscal
1626- biennium:
1582+ made under the program during the preceding state fiscal biennium:
16271583 (1) the number of grants awarded under the program;
16281584 (2) the recipient of each grant awarded;
16291585 (3) the number of vehicles replaced;
16301586 (4) the number, type, and location of any refueling
16311587 infrastructure, equipment, or services funded under the program;
1632- (5) the total emissions reductions achieved under
1633- the program; and
1588+ (5) the total emissions reductions achieved under the
1589+ program; and
16341590 (6) any other information the commission considers
16351591 relevant.
1636- Sec. 395.015. EXPIRATION. This chapter expires on the
1637- last day of the state fiscal biennium during which the commission
1592+ Sec. 395.015. EXPIRATION. This chapter expires on the last
1593+ day of the state fiscal biennium during which the commission
16381594 publishes in the Texas Register the notice required by Section
16391595 382.037.
16401596 (r-2) Effective on the date that the Texas Emissions
1641- Reduction Plan Advisory Board is abolished under Subsection (a)
1642- of this section, the following provisions of the Health and
1643- Safety Code are repealed:
1597+ Reduction Plan Advisory Board is abolished under Subsection (a) of
1598+ this section, the following provisions of the Health and Safety
1599+ Code are repealed:
16441600 . . .
16451601 (4) Section 394.009;
16461602 (5) Section 394.010; and
16471603 (6) Section 394.011.
1648- (s) This subsection takes effect on the date that the
1649- Texas Emissions Reduction Plan Advisory Board is abolished under
1604+ (s) This subsection takes effect on the date that the Texas
1605+ Emissions Reduction Plan Advisory Board is abolished under
16501606 Subsection (a) of this section. As soon as practicable after the
16511607 effective date of this subsection, the Texas Commission on
16521608 Environmental Quality shall implement the online application
1653- process required by Section 395.010(c), Health and Safety Code,
1654- as added by this section. Prior to the implementation of the
1655- online application process, the commission may accept
1656- applications for a grant under Chapter 395, Health and Safety
1657- Code, as added by this section, in any manner provided by the
1658- commission.
1609+ process required by Section 395.010(c), Health and Safety Code, as
1610+ added by this section. Prior to the implementation of the online
1611+ application process, the commission may accept applications for a
1612+ grant under Chapter 395, Health and Safety Code, as added by this
1613+ section, in any manner provided by the commission.
16591614 (s-1) This subsection takes effect on the date that the
16601615 Texas Emissions Reduction Plan Advisory Board is abolished under
16611616 Subsection (a) of this section. The changes in law made by this
16621617 section apply only to a Texas emissions reduction plan grant
16631618 awarded on or after the effective date of this section. A grant
1664- awarded before the effective date of this section is governed by
1665- the law in effect on the date the award was made, and the former
1666- law is continued in effect for that purpose.
1619+ awarded before the effective date of this section is governed by the
1620+ law in effect on the date the award was made, and the former law is
1621+ continued in effect for that purpose.
16671622 (t) This section takes effect August 30, 2017.
16681623 Explanation: The addition of text is necessary to ensure
1669- that the Texas Commission on Environmental Quality is able to
1670- carry out the commission's duties, responsibilities, and
1671- functions in the implementation of the Texas Emissions Reduction
1672- Plan after the abolishment of the Texas Emissions Reduction Plan
1673- Advisory Board.
1624+ that the Texas Commission on Environmental Quality is able to carry
1625+ out the commission's duties, responsibilities, and functions in the
1626+ implementation of the Texas Emissions Reduction Plan after the
1627+ abolishment of the Texas Emissions Reduction Plan Advisory Board.
16741628 (2) Senate Rule 12.03(1) is suspended to permit the
16751629 committee to change, alter, or amend text which is not in
1676- disagreement in proposed SECTION 18 of the bill, the effective
1677- date provision of the bill, to read as follows:
1678- SECTION 18. Except as otherwise provided by this Act,
1679- this Act takes effect September 1, 2017.
1680- Explanation: The change in the effective date provision
1681- is necessary to provide an exception for provisions of the bill
1682- that take effect on a date other than September 1, 2017.
1683- _______________________________
1684- President of the Senate
1685- I hereby certify that the
1686- above Resolution was adopted by
1687- the Senate on May 28, 2017, by the
1688- following vote: Yeas 28, Nays 3.
1689- _______________________________
1690- Secretary of the Senate
1630+ disagreement in proposed SECTION 18 of the bill, the effective date
1631+ provision of the bill, to read as follows:
1632+ SECTION 18. Except as otherwise provided by this Act, this
1633+ Act takes effect September 1, 2017.
1634+ Explanation: The change in the effective date provision is
1635+ necessary to provide an exception for provisions of the bill that
1636+ take effect on a date other than September 1, 2017.