Bill Text: TX HB3802 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the creation of a zero-emission vehicle program under the Texas emissions reduction plan.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-24 - Committee report sent to Calendars [HB3802 Detail]
Download: Texas-2019-HB3802-Comm_Sub.html
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 |
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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); [ |
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(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. |