86R4538 JRR-F
By: Israel H.B. No. 2253
A BILL TO BE ENTITLED
AN ACT
relating to certain programs under the Texas Clean Air Act that
reduce vehicle emissions and improve air quality; authorizing a
fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 382.201, Health and Safety Code, is
amended by amending Subdivision (4) and adding Subdivision (4-a)
to read as follows:
(4) "Participating county" means an affected county in
which the commissioners court by resolution has chosen to implement
a local initiatives [low-income vehicle repair assistance,
retrofit, and accelerated vehicle retirement] program authorized
by Section 382.2085 [382.209].
(4-a) "Purchase" means a transaction in which a
person:
(A) buys a vehicle; or
(B) leases a vehicle for a period of at least
three years under an agreement that allows the vehicle to be driven
at least 12,000 miles a year without a penalty.
SECTION 2. Section 382.202, Health and Safety Code, is
amended by adding Subsection (g-1) to read as follows:
(g-1) The commissioners court of a participating county by
order may impose an additional fee, not to exceed $6, for a vehicle
inspected in the county. A fee imposed under this subsection may
take effect and be removed in accordance with the requirements of
Section 382.2085. The additional fee shall be collected for a
vehicle at the same time other fees imposed under this chapter are
collected. The fee revenue collected shall be retained by the
county in a separate account to be used only for the purposes
specified by Section 382.2085.
SECTION 3. Section 382.205(f), Health and Safety Code, is
amended to read as follows:
(f) Rules and procedures under this section must ensure that
approved repair facilities participating in a [low-income] vehicle
repair [assistance, retrofit,] and replacement incentive
[accelerated vehicle retirement] program established under Section
382.209 have access to adequate testing equipment.
SECTION 4. Section 382.220, Health and Safety Code, is
transferred to Subchapter G, Chapter 382, Health and Safety Code,
redesignated as Section 382.2085, Health and Safety Code, and
amended to read as follows:
Sec. 382.2085. [382.220. USE OF FUNDING FOR] LOCAL
INITIATIVES PROGRAM [INITIATIVE PROJECTS]. (a) The commission and
the Public Safety Commission by joint rule shall establish and
authorize the commissioners court of an affected county to
implement a local initiatives program subject to agency oversight
that may include reasonable periodic commission audits.
(b) The local initiatives program must be funded with
available money collected under Section 382.202 or 382.302 or other
designated and available money. The program shall be [Money that is
made available to participating counties under Section 382.202(g)
or 382.302 may be appropriated only for programs] administered in
accordance with Chapter 783, Government Code[, to improve air
quality].
(c) A participating county may agree to contract with any
appropriate entity, including a metropolitan planning organization
or a council of governments, to implement a program under Section
382.202[, 382.209,] or this section.
(d) [(b)] A program under this section must be approved by
the commissioners court of the county in which the program is
located [implemented in consultation with the commission] and may
include a program to:
(1) develop and implement projects supporting freeway
incident management and associated first responders [expand and
enhance the AirCheck Texas Repair and Replacement Assistance
Program];
(2) develop and implement programs or systems that
remotely determine vehicle emissions and notify the vehicle's
operator;
(3) develop and implement projects to implement the
commission's smoking vehicle program;
(4) develop and implement projects in consultation
with the director of the Department of Public Safety for
coordinating with local law enforcement officials to reduce the use
of counterfeit registration insignia, temporary registration
plates, and vehicle inspection reports by providing local law
enforcement officials with funds to identify vehicles with
counterfeit registration insignia, temporary registration plates,
and vehicle inspection reports and to carry out appropriate
actions;
(5) develop and implement programs to enhance
transportation system improvements; [or]
(6) develop and implement new air control strategies
designed to assist local areas in complying with state and federal
air quality rules and regulations;
(7) develop and implement a local vehicle repair and
replacement incentive program under Section 382.209;
(8) develop and implement regional data collection
efforts for air quality and multimodal transportation data to
improve efficiency of transportation systems; or
(9) establish publicly accessible refueling
infrastructure for alternative fuel vehicles.
(e) [(c) Money that is made available for the
implementation of a program under Subsection (b) may not be
expended for local government fleet or vehicle acquisition or
replacement, call center management, application oversight,
invoice analysis, education, outreach, or advertising purposes.
[(d)] Fees collected under Sections 382.202 and 382.302 may
be used by participating counties [in an amount not to exceed $7
million per fiscal year for projects described by Subsection (b),
of which $2 million may be used] only for projects described by
Subsection (d) [(b)(4)].
(f) The commissioners court of a participating county may
adopt a resolution to end fee collection for the local initiatives
program in the county. The commissioners court shall submit the
resolution to the commission and to the county tax
assessor-collector. The resolution must include a date after which
a fee may not be imposed under Section 382.202 or 382.302 for the
purposes of the county's local initiatives program on vehicles
being inspected or registered in the county. The date must be:
(1) the first day of a month; and
(2) at least 90 days after the date the resolution is
submitted to the commission.
(g) On receipt of a resolution under Subsection (f), the
commission shall notify in writing the Texas Department of Motor
Vehicles, the Department of Public Safety, and the Legislative
Budget Board that a fee may not be imposed under Section 382.202 or
382.302 for the purposes of the county's local initiatives program
on vehicles being inspected or registered in the county after the
date established under Subsection (f). [The remaining $5 million
may be used for any project described by Subsection (b). The fees
shall be made available only to counties participating in the
low-income vehicle repair assistance, retrofit, and accelerated
vehicle retirement programs created under Section 382.209 and only
on a matching basis, whereby the commission provides money to a
county in the same amount that the county dedicates to a project
authorized by Subsection (b). The commission may reduce the match
requirement for a county that proposes to develop and implement
independent test facility fraud detection programs, including the
use of remote sensing technology for coordinating with law
enforcement officials to detect, prevent, and prosecute the use of
counterfeit registration insignia and vehicle inspection reports.]
SECTION 5. Section 382.209, Health and Safety Code, is
amended to read as follows:
Sec. 382.209. [LOW-INCOME] VEHICLE REPAIR AND REPLACEMENT
INCENTIVE [ASSISTANCE, RETROFIT, AND ACCELERATED VEHICLE
RETIREMENT] PROGRAM. (a) The commission and the Public Safety
Commission by joint rule shall establish and authorize the
commissioners court of a participating county to implement a
[low-income] vehicle repair and replacement incentive [assistance,
retrofit, and accelerated vehicle retirement] program subject to
agency oversight that may include reasonable periodic commission
audits.
(b) A participating county shall administer a vehicle
repair and replacement incentive program established under this
section [The commission shall provide funding for local low-income
vehicle repair assistance, retrofit, and accelerated vehicle
retirement programs with available funds collected under Section
382.202, 382.302, or other designated and available funds. The
programs shall be administered] in accordance with Chapter 783,
Government Code. Program costs may include call center management,
application oversight, invoice analysis, education, outreach, and
advertising. Not more than 10 percent of the money used for a
[provided to a local low-income] vehicle repair and replacement
incentive [assistance, retrofit, and accelerated vehicle
retirement] program [under this section] may be used for the
administration of the program [programs], including program costs.
(c) The rules adopted under Subsection (a) must provide
procedures for ensuring that a vehicle repair and replacement
incentive program implemented under authority of that subsection
does not apply to a vehicle that is:
(1) registered under Section 504.501 or 504.502,
Transportation Code; and
(2) not regularly used for transportation during the
normal course of daily activities.
(d) Subject to the availability of funds, a [low-income]
vehicle repair and replacement incentive [assistance, retrofit,
and accelerated vehicle retirement] program established under this
section shall provide monetary or other compensatory assistance
for:
(1) repairs directly related to bringing certain
vehicles that have failed a required emissions test into compliance
with emissions requirements;
(2) a replacement vehicle or replacement assistance
for a vehicle that has failed a required emissions test and for
which the cost of repairs needed to bring the vehicle into
compliance is uneconomical; and
(3) installing retrofit equipment on vehicles that
have failed a required emissions test, if practically and
economically feasible, in lieu of or in combination with repairs
performed under Subdivision (1).
(d-1) The commission and the Department of Public Safety of
the State of Texas shall establish standards and specifications for
retrofit equipment that may be used under this section.
(e) A vehicle is not eligible to participate in a
[low-income] vehicle repair and replacement incentive [assistance,
retrofit, and accelerated vehicle retirement] program established
under this section unless:
(1) the vehicle is capable of being operated;
(2) the [registration of the] vehicle:
(A) is registered in a county implementing the
program [current]; or [and]
(B) [reflects that the vehicle] has been
registered in a [the] county implementing the program for at least
12 of the 15 months preceding the application for participation in
the program;
(3) the commissioners court of the county
administering the program determines that the vehicle meets the
eligibility criteria adopted by the commission, the Texas
Department of Motor Vehicles, and the Public Safety Commission;
(4) if the vehicle is to be repaired, the repair is
done by a repair facility recognized by the Department of Public
Safety, which may be an independent or private entity licensed by
the state; and
(5) if the vehicle is to be retired under this
subsection and Section 382.213, the replacement vehicle is a
qualifying motor vehicle.
(f) A fleet vehicle, a vehicle owned or leased by a
governmental entity, or a commercial vehicle is not eligible to
participate in a [low-income] vehicle repair and replacement
incentive [assistance, retrofit, and accelerated vehicle
retirement] program established and implemented under this
section.
(g) A participating county may contract with any
appropriate entity, including the regional council of governments
or the metropolitan planning organization in the appropriate
region, or with another county for services necessary to implement
the participating county's [low-income] vehicle repair and
replacement incentive [assistance, retrofit, and accelerated
vehicle retirement] program. The participating counties in a
nonattainment region or counties participating in an early action
compact under Subchapter H may agree to have the money collected in
any one county be used in any other participating county in the same
region.
(h) Participation by an affected county in a [low-income]
vehicle repair and replacement incentive [assistance, retrofit,
and accelerated vehicle retirement] program is not mandatory. To
the extent allowed by federal law, any emissions reductions
attributable to a [low-income] vehicle repair and replacement
incentive [assistance, retrofit, and accelerated vehicle
retirement] program in a county that are attained during a period
before the county is designated as a nonattainment county shall be
considered emissions reductions credit if the county is later
determined to be a nonattainment county.
(i) Notwithstanding the vehicle replacement requirements
provided by Subsection (d)(2), the commission by rule may provide
monetary or other compensatory assistance under the [low-income]
vehicle repair and replacement incentive [assistance, retrofit,
and accelerated vehicle retirement] program, subject to the
availability of funds, for the replacement of a vehicle that meets
the following criteria:
(1) the vehicle is gasoline-powered and is at least 10
years old;
(2) the vehicle owner meets applicable financial
eligibility criteria;
(3) the vehicle meets the requirements provided by
Subsections (e)(1) and (2); and
(4) the vehicle has passed a Department of Public
Safety motor vehicle safety inspection or safety and emissions
inspection within the 15-month period before the application is
submitted.
(j) The commissioners court of a participating county
[commission] may provide monetary or other compensatory assistance
under the [low-income] vehicle repair and replacement incentive
[assistance, retrofit, and accelerated vehicle retirement] program
for a replacement vehicle or replacement assistance for a pre-1996
model year replacement vehicle that passes the required United
States Environmental Protection Agency Start-Up Acceleration
Simulation Mode Standards emissions test but that would have failed
the United States Environmental Protection Agency Final
Acceleration Simulation Mode Standards emissions test or failed to
meet some other criterion determined by the commission; provided,
however, that a replacement vehicle under this subsection must be a
qualifying motor vehicle.
SECTION 6. Sections 382.210(a), (b), and (f), Health and
Safety Code, are amended to read as follows:
(a) The commission by rule shall adopt guidelines to assist
a participating county in implementing a [low-income] vehicle
repair [assistance, retrofit,] and replacement incentive
[accelerated vehicle retirement] program authorized under Section
382.209. The guidelines at a minimum shall recommend:
(1) a minimum and maximum amount for repair
assistance;
(2) a minimum and maximum amount toward the purchase
price of a replacement vehicle [qualified for the accelerated
retirement program], based on vehicle type and model year, with the
maximum amount not to exceed:
(A) $4,000 [$3,000] for a replacement car of the
current model year or the previous three model years, except as
provided by Paragraph (C);
(B) $4,000 [$3,000] for a replacement truck of
the current model year or the previous two model years, except as
provided by Paragraph (C); and
(C) $4,500 [$3,500] for a replacement vehicle of
the current model year or the previous three model years that:
(i) is a hybrid vehicle, electric vehicle,
or natural gas vehicle; or
(ii) has been certified to meet federal
Tier 2, Bin 3 or a cleaner Bin certification under 40 C.F.R. Section
86.1811-04, as published in the February 10, 2000, Federal
Register;
(3) criteria for determining eligibility, taking into
account:
(A) [the vehicle owner's income, which may not
exceed 300 percent of the federal poverty level;
[(B)] the fair market value of the vehicle; and
(B) [(C)] any other relevant considerations;
(4) safeguards for preventing fraud in the repair,
purchase, or sale of a vehicle in the program; and
(5) procedures for determining the degree and amount
of repair assistance a vehicle is allowed, based on:
(A) the amount of money the vehicle owner has
spent on repairs; and
(B) [the vehicle owner's income; and
[(C)] any other relevant factors.
(b) A replacement vehicle described by Subsection (a)(2)
must:
(1) except as provided by Subsection (c), be a vehicle
in a class or category of vehicles that has been certified to meet
federal Tier 2, Bin 5 or a cleaner Bin certification under 40 C.F.R.
Section 86.1811-04, as published in the February 10, 2000, Federal
Register;
(2) have a gross vehicle weight rating of less than
10,000 pounds;
(3) have an odometer reading of not more than 85,000
[70,000] miles; and
(4) be a vehicle the total purchase price [cost] of
which does not exceed:
(A) for a vehicle described by Subsection
(a)(2)(A) or (B), $35,000; or
(B) for a vehicle described by Subsection
(a)(2)(C), $45,000.
(f) For the purposes of Subsection (b), a reference to the
total purchase price of a motor vehicle that is sold [In this
section, "total cost"] means the total amount of money paid or to be
paid for the purchase of a motor vehicle as set forth as "sales
price" in the form entitled "Application for Texas Certificate of
Title" promulgated by the Texas Department of Motor Vehicles. In a
transaction that does not involve the use of that form, the term
means an amount of money that is equivalent, or substantially
equivalent, to the amount that would appear as "sales price" on the
Application for Texas Certificate of Title if that form were
involved.
SECTION 7. Section 382.211(a), Health and Safety Code, is
amended to read as follows:
(a) The commissioners court of a participating county may
appoint one or more local advisory panels consisting of
representatives of automobile dealerships, the automotive repair
industry, safety inspection facilities, the public, antique and
vintage car clubs, local nonprofit organizations, and locally
affected governments to advise the county regarding the operation
of the county's [low-income] vehicle repair [assistance,
retrofit,] and replacement incentive [accelerated vehicle
retirement] program, including the identification of a vehicle make
or model with intrinsic value as an existing or future collectible.
SECTION 8. Section 382.212(b), Health and Safety Code, is
amended to read as follows:
(b) To the extent allowable under federal law, the
commission by rule shall authorize:
(1) the assignment of a percentage of emissions
reduction credit to a private, commercial, or business entity that
purchases, for accelerated retirement, a qualified vehicle under a
[low-income] vehicle repair [assistance, retrofit,] and
replacement incentive [accelerated vehicle retirement] program;
(2) the transferability of an assigned emissions
reduction credit;
(3) the use of emissions reduction credit by the
holder of the credit against any state or federal emissions
requirements applicable to a facility owned or operated by the
holder of the credit;
(4) the assignment of a percentage of emissions
reduction credit, on the retirement of a fleet vehicle, a vehicle
owned or leased by a governmental entity, or a commercial vehicle,
to the owner or lessor of the vehicle; and
(5) other actions relating to the disposition or use
of emissions reduction credit that the commission determines will
benefit the implementation of [low-income] vehicle repair
[assistance, retrofit,] and replacement incentive [accelerated
vehicle retirement] programs established under Section 382.209.
SECTION 9. Section 382.213(a), Health and Safety Code, is
amended to read as follows:
(a) Except as provided by Subsection (c) and Subdivision (5)
of this subsection, a vehicle retired under a vehicle repair and
replacement incentive program established under [an accelerated
vehicle retirement program authorized by] Section 382.209 may not
be resold or reused in its entirety in this or another state.
Subject to the provisions of Subsection (i), the automobile dealer
who takes possession of the vehicle must submit to the program
administrator proof, in a manner adopted by the commission, that
the vehicle has been retired. The vehicle must be:
(1) destroyed;
(2) recycled;
(3) dismantled and its parts sold as used parts or used
in the program;
(4) placed in a storage facility of a program
established under Section 382.209 and subsequently destroyed,
recycled, or dismantled and its parts sold or used in the program;
or
(5) repaired, brought into compliance, and used as a
replacement vehicle under Section 382.209(d)(2).
SECTION 10. Section 382.214, Health and Safety Code, is
amended to read as follows:
Sec. 382.214. SALE OF VEHICLE WITH INTENT TO DEFRAUD. (a)
A person who with intent to defraud sells a vehicle that is retired
under a [in an accelerated] vehicle repair and replacement
incentive [retirement] program established under Section 382.209
commits an offense that is a third degree felony.
(b) Sale of a vehicle described by Subsection (a) [in an
accelerated vehicle retirement program] includes:
(1) sale of the vehicle to retire the vehicle under the
program; and
(2) sale of a vehicle purchased for retirement under
the program.
SECTION 11. Section 382.216, Health and Safety Code, is
amended to read as follows:
Sec. 382.216. INCENTIVES FOR VOLUNTARY PARTICIPATION IN
VEHICLE EMISSIONS INSPECTION AND MAINTENANCE PROGRAM. The
commission, the Texas Department of Transportation, and the Public
Safety Commission may, subject to federal limitations:
(1) encourage counties likely to exceed federal clean
air standards to implement voluntary:
(A) motor vehicle emissions inspection and
maintenance programs; and
(B) [low-income] vehicle repair [assistance,
retrofit,] and replacement incentive [accelerated vehicle
retirement] programs;
(2) establish incentives for counties to voluntarily
implement motor vehicle emissions inspection and maintenance
programs and [low-income] vehicle repair [assistance, retrofit,]
and replacement incentive [accelerated vehicle retirement]
programs; and
(3) designate a county that voluntarily implements a
motor vehicle emissions inspection and maintenance program or a
[low-income] vehicle repair [assistance, retrofit,] and
replacement incentive [accelerated vehicle retirement] program as
a "Clean Air County" and give preference to a county designated as a
Clean Air County in any federal or state clean air grant program.
SECTION 12. Section 382.302(e), Health and Safety Code, is
amended to read as follows:
(e) A participating county may participate in a local
initiatives [the] program established under Section 382.2085
[382.209].
SECTION 13. Section 382.202(g), Health and Safety Code, is
repealed.
SECTION 14. On the effective date of this Act, each
low-income vehicle repair assistance, retrofit, and accelerated
vehicle retirement program established under Section 382.209,
Health and Safety Code, is abolished.
SECTION 15. As soon as practicable after the effective date
of this Act, the Texas Commission on Environmental Quality and the
Public Safety Commission shall:
(1) adopt the joint rules required by Sections
382.2085, Health and Safety Code, as transferred, redesignated, and
amended by this Act, and 382.209, Health and Safety Code, as amended
by this Act; and
(2) adopt or modify any rules necessary to implement
the changes in law made by this Act.
SECTION 16. This Act takes effect September 1, 2019.