|
|
|
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. |