TX
Texas House Bill HB3802

Texas 2019 - 86th Regular

Texas House Bill HB3802 Compare Versions

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1-86R26364 JRR-F
21 By: Guillen H.B. No. 3802
3- Substitute the following for H.B. No. 3802:
4- By: Lozano C.S.H.B. No. 3802
52
63
74 A BILL TO BE ENTITLED
85 AN ACT
9- relating to the creation of a zero-emission vehicle program under
10- the Texas emissions reduction plan.
6+ relating to the creation of a zero-emissions vehicle program.
117 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12- SECTION 1. Section 386.051(b), Health and Safety Code, is
13- amended to read as follows:
14- (b) Under the plan, the commission and the comptroller shall
15- provide grants or other funding for:
16- (1) the diesel emissions reduction incentive program
17- established under Subchapter C, including for infrastructure
18- projects established under that subchapter;
19- (2) the motor vehicle purchase or lease incentive
20- program established under Subchapter D;
21- (3) the air quality research support program
22- established under Chapter 387;
23- (4) the clean school bus program established under
24- Chapter 390;
25- (5) the new technology implementation grant program
26- established under Chapter 391;
27- (6) the regional air monitoring program established
28- under Section 386.252(a);
29- (7) a health effects study as provided by Section
30- 386.252(a);
31- (8) air quality planning activities as provided by
32- Section 386.252(d);
33- (9) a contract with the Energy Systems Laboratory at
34- the Texas A&M Engineering Experiment Station for computation of
35- creditable statewide emissions reductions as provided by Section
36- 386.252(a);
37- (10) the Texas clean fleet program established under
38- Chapter 392;
39- (11) the Texas alternative fueling facilities program
40- established under Chapter 393;
41- (12) the Texas natural gas vehicle grant program
42- established under Chapter 394;
43- (13) other programs the commission may develop that
44- lead to reduced emissions of nitrogen oxides, particulate matter,
45- or volatile organic compounds in a nonattainment area or affected
46- county;
47- (14) other programs the commission may develop that
48- support congestion mitigation to reduce mobile source ozone
49- precursor emissions;
50- (15) the seaport and rail yard areas emissions
51- reduction program established under Subchapter D-1;
52- (16) conducting research and other activities
53- associated with making any necessary demonstrations to the United
54- States Environmental Protection Agency to account for the impact of
55- foreign emissions or an exceptional event;
56- (17) studies of or pilot programs for incentives for
57- port authorities located in nonattainment areas or affected
58- counties as provided by Section 386.252(a); [and]
59- (18) the governmental alternative fuel fleet grant
60- program established under Chapter 395; and
61- (19) the zero-emission vehicle program established
62- under Subchapter G.
63- SECTION 2. Section 386.252, Health and Safety Code, is
64- amended by adding Subsection (b-1) to read as follows:
65- (b-1) Money in the fund may be used by the commission for the
66- zero-emission vehicle program established under Subchapter G as may
67- be appropriated for that purpose.
68- SECTION 3. Chapter 386, Health and Safety Code, is amended
69- by adding Subchapter G to read as follows:
70- SUBCHAPTER G. ZERO-EMISSION VEHICLE PROGRAM
71- Sec. 386.301. DEFINITIONS. In this subchapter:
72- (1) "Governmental entity" has the meaning assigned by
73- Section 2252.001, Government Code.
74- (2) "Motor vehicle" means a self-propelled device
75- designed for transporting persons or property on a public highway
76- that is required to be registered under Chapter 502, Transportation
77- Code.
78- (3) "Program" means the zero-emission vehicle program
79- established under Section 386.302.
80- (4) "Retrofit" means to equip a motor vehicle exhaust
81- system with new emissions-reducing parts or technology verified by
82- the United States Environmental Protection Agency after
83- manufacture of the original engine and fuel system.
84- (5) "Zero-emission vehicle" means a motor vehicle from
85- which the exhaust emissions contain not more than two percent of the
86- following pollutants, as determined by the commission:
87- (A) carbon dioxide;
88- (B) carbon monoxide;
89- (C) nitrogen dioxide; and
90- (D) sulfur dioxide.
91- Sec. 386.302. PROGRAM. (a) The commission shall establish
92- and administer a zero-emission vehicle program designed to reduce
93- the total volume of pollutants in exhaust emissions from motor
94- vehicles in this state. Under the program, the commission shall
95- provide grants for eligible projects to offset the incremental cost
96- of projects that lead to the creation of additional zero-emission
97- vehicles through retrofitting or modification of existing motor
98- vehicles.
8+ SECTION 1. CHAPTER 386, HEALTH AND SAFETY CODE, is amended
9+ by adding Subchapter G. ZERO EMISSION VEHICLE PROGRAM to read as
10+ follows:
11+ SUBCHAPTER G. ZERO EMISSION VEHICLE PROGRAM
12+ Sec. 386.301. DEFINITIONS.
13+ In this subchapter:
14+ (1) "Program" means the zero-emission vehicle program
15+ established under this subchapter.
16+ (2) "Retrofit" means to equip an exhaust system with
17+ new emissions-reducing parts or technology verified by the United
18+ States Environmental Protection Agency after manufacture of the
19+ original engine and fuel system.
20+ (3) "Zero emission vehicle" is defined as a vehicle that
21+ produces no more than 2% pollutants; Carbon Dioxide, Carbon
22+ Monoxide, Nitrogen dioxide, Sulfur Dioxide emitted as emissions
23+ from its tailpipe, as determined by the Commission.
24+ (4) "Governmental entity" has the meaning assigned to
25+ Section 2252.001(2), Government Code.
26+ Sec. 386.002. PROGRAM.
27+ (a) The commission shall establish and administer a
28+ zero-emissions vehicle program designed to reduce the total volume
29+ of emissions expelled from vehicle tailpipes in Texas. Under the
30+ program, the commission shall provide grants for eligible projects
31+ to offset the incremental cost of projects that lead to the
32+ creation, through retrofitting or modification of existing
33+ vehicles, of additional zero emission vehicles as defined under
34+ this chapter.
9935 (b) Projects that may be considered for a grant under the
10036 program include:
101- (1) the purchase and use of emissions-reducing add-on
102- equipment for motor vehicles, including devices that reduce
103- pollutants in exhaust emissions;
104- (2) the cost of retrofitting motor vehicles operated
105- by the state or a county or municipality with equipment to convert
106- those vehicles to zero-emission vehicles; and
37+ (1) the purchase and use of emission reducing add-on
38+ equipment for vehicles, including devices that reduce tailpipe
39+ emissions;
40+ (2) the cost retrofitting of vehicles operated by
41+ state, county, or municipal with equipment to convert them to zero
42+ emission vehicles; and
10743 (3) other technologies that the commission finds will
108- facilitate the conversion of motor vehicles into zero-emission
109- vehicles.
110- Sec. 386.303. APPLICATION FOR GRANT. (a) A governmental
111- entity in this state that operates one or more motor vehicles may
112- apply for and receive a grant under the program.
44+ facilitate the conversion of vehicles into zero emission vehicles
45+ under this subchapter.
46+ Sec. 386.003. APPLICATION FOR GRANT. (a) A government
47+ entity in this state that operates one or more vehicles may apply
48+ for and receive a grant under the program.
11349 (b) The commission may adopt guidelines to allow a regional
11450 planning commission, council of governments, or similar regional
11551 planning agency created under Chapter 391, Local Government Code,
11652 or a private nonprofit organization to also apply for and receive a
11753 grant to improve the ability of the program to achieve its goals.
118- (c) An application for a grant under this subchapter must be
54+ (c) An application for a grant under this chapter must be
11955 made on a form provided by the commission and must contain the
12056 information required by the commission.
121- Sec. 386.304. ELIGIBILITY OF PROJECTS FOR GRANTS. (a) The
57+ Sec. 386.004. ELIGIBILITY OF PROJECTS FOR GRANTS. (a) The
12258 commission by rule shall establish criteria for setting priorities
123- for projects eligible to receive grants under this subchapter. The
59+ for projects eligible to receive grants under this chapter. The
12460 commission shall review and may modify the criteria and priorities
12561 as appropriate.
126- (b) A motor vehicle proposed for retrofitting must:
62+ (b) A vehicle proposed for retrofit must be used by a
63+ government entity, or other eligible entity as defined under
64+ 386.003(b) of this subchapter, have at least five years of useful
65+ life remaining unless the applicant agrees to remove the retrofit
66+ device at the end of the life of the vehicle and reinstall the
67+ device on another vehicle, where applicable.
68+ (c) A vehicle proposed for retrofitting must:
12769 (1) be of model year 2006 or earlier;
128- (2) be in good operational condition;
129- (3) have at least five years of useful life remaining
130- unless the applicant agrees to remove the retrofit device at the end
131- of the life of the vehicle and reinstall the device on another motor
132- vehicle, where applicable;
133- (4) have been owned, or leased, and operated by the
70+ (2) have been owned or leased and operated by the
13471 applicant for at least the two years before submission of the grant
135- application; and
136- (5) be currently used at least once a month by the
72+ application;
73+ (3) be in good operational condition; and
74+ (4) be currently used no less than once a month by the
13775 applicant.
138- (c) Except as otherwise provided by this subsection, a
139- project is not eligible to receive a grant under this subchapter
140- unless not less than 75 percent of vehicle miles traveled or hours
141- of operation projected for the five years immediately following the
142- award of a grant is projected to take place in a nonattainment area
143- or affected county of this state. The commission may set the
144- minimum percentage of vehicle miles traveled or hours of operation
145- required to take place in a nonattainment area or affected county at
146- a percentage and for a period that is different from the percentage
147- and period specified by this subsection.
148- Sec. 386.305. RESTRICTION ON USE OF GRANT. A recipient of a
149- grant under this subchapter shall use the grant to pay the
76+ Sec. 386.005. RESTRICTION ON USE OF GRANT. (a) A recipient
77+ of a grant under this chapter shall use the grant to pay the
15078 incremental costs of the project for which the grant is made, which
15179 may include the reasonable and necessary expenses incurred for the
152- labor needed to install equipment to eliminate pollutant emissions.
153- The recipient may not use the grant to pay the recipient's
80+ labor needed to install emissions eliminating equipment. The
81+ recipient may not use the grant to pay the recipient's
15482 administrative expenses.
155- SECTION 4. This Act takes effect September 1, 2019.
83+ (b) A vehicle acquired to replace an existing vehicle must
84+ be purchased and the grant recipient must agree to own and operate
85+ the vehicle no less than once a month for at least five years after a
86+ start date established by the commission, based on the date the
87+ commission accepts documentation of the permanent destruction or
88+ permanent removal of the vehicle being replaced.
89+ (c) A vehicle replaced under this program must be rendered
90+ permanently inoperable by crushing the vehicle, by making a hole in
91+ the engine block and permanently destroying the frame of the
92+ vehicle, or by another method approved by the commission, or be
93+ permanently removed from operation in this state. The commission
94+ shall establish criteria for ensuring the permanent destruction or
95+ permanent removal of the engine or vehicle. The commission shall
96+ enforce the destruction and removal requirements.
97+ (d) In this section, "permanent removal" means the
98+ permanent export of a vehicle or the engine of a vehicle to a
99+ destination outside of the United States, Canada, or the United
100+ Mexican States.
101+ SECTION 2. This Act takes effect on Sept. 1, 2019.