1 | 1 | | 88R8124 JRR-D |
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2 | 2 | | By: Lozano H.B. No. 2222 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to certain eligibility requirements for grants under the |
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8 | 8 | | Texas natural gas vehicle grant program. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Sections 394.005(b) and (c), Health and Safety |
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11 | 11 | | Code, are amended to read as follows: |
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12 | 12 | | (b) To be eligible for a grant under the program: |
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13 | 13 | | (1) the use of the qualifying vehicle must be |
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14 | 14 | | projected to result in a reduction in emissions of nitrogen oxides |
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15 | 15 | | of at least 25 percent as compared to the motor vehicle or engine |
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16 | 16 | | being replaced, based on: |
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17 | 17 | | (A) the baseline emission level set by the |
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18 | 18 | | commission under Subsection (g); and |
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19 | 19 | | (B) the certified emission rate of the qualifying |
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20 | 20 | | vehicle; and |
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21 | 21 | | (2) the qualifying vehicle must: |
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22 | 22 | | (A) replace a heavy-duty or medium-duty motor |
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23 | 23 | | vehicle that: |
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24 | 24 | | (i) is an on-road vehicle that has been |
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25 | 25 | | owned, leased, or otherwise commercially financed and registered |
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26 | 26 | | and operated by the applicant in Texas for at least the two years |
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27 | 27 | | immediately preceding the submission of a grant application; |
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28 | 28 | | (ii) satisfies any minimum average annual |
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29 | 29 | | mileage or fuel usage requirements established by the commission; |
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30 | 30 | | (iii) satisfies any minimum percentage of |
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31 | 31 | | annual usage requirements established by the commission; and |
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32 | 32 | | (iv) is in operating condition and has at |
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33 | 33 | | least two years of remaining useful life, as determined in |
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34 | 34 | | accordance with criteria established by the commission; |
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35 | 35 | | (B) replace a heavy-duty or medium-duty motor |
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36 | 36 | | vehicle that: |
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37 | 37 | | (i) is owned by the applicant; |
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38 | 38 | | (ii) is an on-road vehicle that has been: |
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39 | 39 | | (a) owned, leased, or otherwise |
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40 | 40 | | commercially financed and operated in Texas as a fleet vehicle for |
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41 | 41 | | at least the two years immediately preceding the submission of a |
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42 | 42 | | grant application; and |
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43 | 43 | | (b) registered in Texas [a county |
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44 | 44 | | located in the clean transportation zone] for at least the two years |
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45 | 45 | | immediately preceding the submission of a grant application; and |
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46 | 46 | | (iii) otherwise satisfies the mileage, |
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47 | 47 | | usage, and useful life requirements established under Paragraph (A) |
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48 | 48 | | as determined by documentation associated with the vehicle; or |
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49 | 49 | | (C) be a heavy-duty or medium-duty motor vehicle |
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50 | 50 | | repowered with a natural gas engine that: |
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51 | 51 | | (i) is installed in an on-road vehicle that |
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52 | 52 | | has been owned, leased, or otherwise commercially financed and |
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53 | 53 | | registered and operated by the applicant in Texas for at least the |
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54 | 54 | | two years immediately preceding the submission of a grant |
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55 | 55 | | application; |
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56 | 56 | | (ii) satisfies any minimum average annual |
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57 | 57 | | mileage or fuel usage requirements established by the commission; |
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58 | 58 | | (iii) satisfies any minimum percentage of |
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59 | 59 | | annual usage requirements established by the commission; and |
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60 | 60 | | (iv) is installed in an on-road vehicle |
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61 | 61 | | that, at the time of the vehicle's repowering, was in operating |
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62 | 62 | | condition and had at least two years of remaining useful life, as |
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63 | 63 | | determined in accordance with criteria established by the |
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64 | 64 | | commission. |
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65 | 65 | | (c) As a condition of receiving a grant, the qualifying |
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66 | 66 | | vehicle must be continuously owned, leased, or otherwise |
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67 | 67 | | commercially financed and registered and operated in the state by |
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68 | 68 | | the grant recipient until the earlier of the fourth anniversary of |
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69 | 69 | | the activity start date established by the commission or the date |
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70 | 70 | | the vehicle has been in operation for 400,000 miles after the |
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71 | 71 | | activity start date established by the commission. [Not less than |
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72 | 72 | | 75 percent of the annual use of the qualifying vehicle, either |
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73 | 73 | | mileage or fuel use as determined by the commission, must occur in |
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74 | 74 | | the clean transportation zone.] |
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75 | 75 | | SECTION 2. Section 394.001(1-a), Health and Safety Code, is |
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76 | 76 | | repealed. |
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77 | 77 | | SECTION 3. The change in law made by this Act applies only |
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78 | 78 | | to a grant awarded on or after the effective date of this Act. A |
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79 | 79 | | grant awarded before the effective date of this Act is governed by |
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80 | 80 | | the law in effect on the date the award was made, and the former law |
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81 | 81 | | is continued in effect for that purpose. |
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82 | 82 | | SECTION 4. This Act takes effect September 1, 2023. |
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