86R26364 JRR-F
By: Guillen H.B. No. 3802
Substitute the following for H.B. No. 3802:
By: Lozano C.S.H.B. No. 3802
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a zero-emission vehicle program under
the Texas emissions reduction plan.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 386.051(b), Health and Safety Code, is
amended to read as follows:
(b) Under the plan, the commission and the comptroller shall
provide grants or other funding for:
(1) the diesel emissions reduction incentive program
established under Subchapter C, including for infrastructure
projects established under that subchapter;
(2) the motor vehicle purchase or lease incentive
program established under Subchapter D;
(3) the air quality research support program
established under Chapter 387;
(4) the clean school bus program established under
Chapter 390;
(5) the new technology implementation grant program
established under Chapter 391;
(6) the regional air monitoring program established
under Section 386.252(a);
(7) a health effects study as provided by Section
386.252(a);
(8) air quality planning activities as provided by
Section 386.252(d);
(9) a contract with the Energy Systems Laboratory at
the Texas A&M Engineering Experiment Station for computation of
creditable statewide emissions reductions as provided by Section
386.252(a);
(10) the Texas clean fleet program established under
Chapter 392;
(11) the Texas alternative fueling facilities program
established under Chapter 393;
(12) the Texas natural gas vehicle grant program
established under Chapter 394;
(13) other programs the commission may develop that
lead to reduced emissions of nitrogen oxides, particulate matter,
or volatile organic compounds in a nonattainment area or affected
county;
(14) other programs the commission may develop that
support congestion mitigation to reduce mobile source ozone
precursor emissions;
(15) the seaport and rail yard areas emissions
reduction program established under Subchapter D-1;
(16) conducting research and other activities
associated with making any necessary demonstrations to the United
States Environmental Protection Agency to account for the impact of
foreign emissions or an exceptional event;
(17) studies of or pilot programs for incentives for
port authorities located in nonattainment areas or affected
counties as provided by Section 386.252(a); [and]
(18) the governmental alternative fuel fleet grant
program established under Chapter 395; and
(19) the zero-emission vehicle program established
under Subchapter G.
SECTION 2. Section 386.252, Health and Safety Code, is
amended by adding Subsection (b-1) to read as follows:
(b-1) Money in the fund may be used by the commission for the
zero-emission vehicle program established under Subchapter G as may
be appropriated for that purpose.
SECTION 3. Chapter 386, Health and Safety Code, is amended
by adding Subchapter G to read as follows:
SUBCHAPTER G. ZERO-EMISSION VEHICLE PROGRAM
Sec. 386.301. DEFINITIONS. In this subchapter:
(1) "Governmental entity" has the meaning assigned by
Section 2252.001, Government Code.
(2) "Motor vehicle" means a self-propelled device
designed for transporting persons or property on a public highway
that is required to be registered under Chapter 502, Transportation
Code.
(3) "Program" means the zero-emission vehicle program
established under Section 386.302.
(4) "Retrofit" means to equip a motor vehicle 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.
(5) "Zero-emission vehicle" means a motor vehicle from
which the exhaust emissions contain not more than two percent of the
following pollutants, as determined by the commission:
(A) carbon dioxide;
(B) carbon monoxide;
(C) nitrogen dioxide; and
(D) sulfur dioxide.
Sec. 386.302. PROGRAM. (a) The commission shall establish
and administer a zero-emission vehicle program designed to reduce
the total volume of pollutants in exhaust emissions from motor
vehicles in this state. Under the program, the commission shall
provide grants for eligible projects to offset the incremental cost
of projects that lead to the creation of additional zero-emission
vehicles through retrofitting or modification of existing motor
vehicles.
(b) Projects that may be considered for a grant under the
program include:
(1) the purchase and use of emissions-reducing add-on
equipment for motor vehicles, including devices that reduce
pollutants in exhaust emissions;
(2) the cost of retrofitting motor vehicles operated
by the state or a county or municipality with equipment to convert
those vehicles to zero-emission vehicles; and
(3) other technologies that the commission finds will
facilitate the conversion of motor vehicles into zero-emission
vehicles.
Sec. 386.303. APPLICATION FOR GRANT. (a) A governmental
entity in this state that operates one or more motor 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 subchapter must be
made on a form provided by the commission and must contain the
information required by the commission.
Sec. 386.304. ELIGIBILITY OF PROJECTS FOR GRANTS. (a) The
commission by rule shall establish criteria for setting priorities
for projects eligible to receive grants under this subchapter. The
commission shall review and may modify the criteria and priorities
as appropriate.
(b) A motor vehicle proposed for retrofitting must:
(1) be of model year 2006 or earlier;
(2) be in good operational condition;
(3) 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 motor
vehicle, where applicable;
(4) have been owned, or leased, and operated by the
applicant for at least the two years before submission of the grant
application; and
(5) be currently used at least once a month by the
applicant.
(c) Except as otherwise provided by this subsection, a
project is not eligible to receive a grant under this subchapter
unless not less than 75 percent of vehicle miles traveled or hours
of operation projected for the five years immediately following the
award of a grant is projected to take place in a nonattainment area
or affected county of this state. The commission may set the
minimum percentage of vehicle miles traveled or hours of operation
required to take place in a nonattainment area or affected county at
a percentage and for a period that is different from the percentage
and period specified by this subsection.
Sec. 386.305. RESTRICTION ON USE OF GRANT. A recipient of a
grant under this subchapter 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 equipment to eliminate pollutant emissions.
The recipient may not use the grant to pay the recipient's
administrative expenses.
SECTION 4. This Act takes effect September 1, 2019.