By: Guillen H.B. No. 3802
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a zero-emissions vehicle program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. CHAPTER 386, HEALTH AND SAFETY CODE, is amended
by adding Subchapter G. ZERO EMISSION VEHICLE PROGRAM to read as
follows:
SUBCHAPTER G. ZERO EMISSION VEHICLE PROGRAM
Sec. 386.301. DEFINITIONS.
In this subchapter:
(1) "Program" means the zero-emission vehicle program
established under this subchapter.
(2) "Retrofit" means to equip an exhaust system with
new emissions-reducing parts or technology verified by the United
States Environmental Protection Agency after manufacture of the
original engine and fuel system.
(3) "Zero emission vehicle" is defined as a vehicle that
produces no more than 2% pollutants; Carbon Dioxide, Carbon
Monoxide, Nitrogen dioxide, Sulfur Dioxide emitted as emissions
from its tailpipe, as determined by the Commission.
(4) "Governmental entity" has the meaning assigned to
Section 2252.001(2), Government Code.
Sec. 386.002. PROGRAM.
(a) The commission shall establish and administer a
zero-emissions vehicle program designed to reduce the total volume
of emissions expelled from vehicle tailpipes in Texas. Under the
program, the commission shall provide grants for eligible projects
to offset the incremental cost of projects that lead to the
creation, through retrofitting or modification of existing
vehicles, of additional zero emission vehicles as defined under
this chapter.
(b) Projects that may be considered for a grant under the
program include:
(1) the purchase and use of emission reducing add-on
equipment for vehicles, including devices that reduce tailpipe
emissions;
(2) the cost retrofitting of vehicles operated by
state, county, or municipal with equipment to convert them to zero
emission vehicles; and
(3) other technologies that the commission finds will
facilitate the conversion of vehicles into zero emission vehicles
under this subchapter.
Sec. 386.003. APPLICATION FOR GRANT. (a) A government
entity in this state that operates one or more vehicles may apply
for and receive a grant under the program.
(b) The commission may adopt guidelines to allow a regional
planning commission, council of governments, or similar regional
planning agency created under Chapter 391, Local Government Code,
or a private nonprofit organization to also apply for and receive a
grant to improve the ability of the program to achieve its goals.
(c) An application for a grant under this chapter must be
made on a form provided by the commission and must contain the
information required by the commission.
Sec. 386.004. ELIGIBILITY OF PROJECTS FOR GRANTS. (a) The
commission by rule shall establish criteria for setting priorities
for projects eligible to receive grants under this chapter. The
commission shall review and may modify the criteria and priorities
as appropriate.
(b) A vehicle proposed for retrofit must be used by a
government entity, or other eligible entity as defined under
386.003(b) of this subchapter, have at least five years of useful
life remaining unless the applicant agrees to remove the retrofit
device at the end of the life of the vehicle and reinstall the
device on another vehicle, where applicable.
(c) A vehicle proposed for retrofitting must:
(1) be of model year 2006 or earlier;
(2) have been owned or leased and operated by the
applicant for at least the two years before submission of the grant
application;
(3) be in good operational condition; and
(4) be currently used no less than once a month by the
applicant.
Sec. 386.005. RESTRICTION ON USE OF GRANT. (a) A recipient
of a grant under this chapter shall use the grant to pay the
incremental costs of the project for which the grant is made, which
may include the reasonable and necessary expenses incurred for the
labor needed to install emissions eliminating equipment. The
recipient may not use the grant to pay the recipient's
administrative expenses.
(b) A vehicle acquired to replace an existing vehicle must
be purchased and the grant recipient must agree to own and operate
the vehicle no less than once a month for at least five years after a
start date established by the commission, based on the date the
commission accepts documentation of the permanent destruction or
permanent removal of the vehicle being replaced.
(c) A vehicle replaced under this program must be rendered
permanently inoperable by crushing the vehicle, by making a hole in
the engine block and permanently destroying the frame of the
vehicle, or by another method approved by the commission, or be
permanently removed from operation in this state. The commission
shall establish criteria for ensuring the permanent destruction or
permanent removal of the engine or vehicle. The commission shall
enforce the destruction and removal requirements.
(d) In this section, "permanent removal" means the
permanent export of a vehicle or the engine of a vehicle to a
destination outside of the United States, Canada, or the United
Mexican States.
SECTION 2. This Act takes effect on Sept. 1, 2019.