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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility for grants for natural gas fueling |
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stations under the Texas natural gas vehicle grant program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 394.005(c), Health and Safety Code, as |
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added by Chapter 892 (S.B. 385), Acts of the 82nd Legislature, |
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Regular Session, 2011, is amended to read as follows: |
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(c) As a condition of receiving a grant, the qualifying |
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vehicle must be continuously owned, leased, or otherwise |
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commercially financed and registered and operated in the state by |
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the grant recipient until the earlier of the fourth anniversary of |
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the date of reimbursement of the grant-funded expenses or until the |
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date the vehicle has been in operation for 400,000 miles after the |
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date of reimbursement. Not less than 75 percent of the annual use |
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of the qualifying vehicle, either mileage or fuel use as determined |
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by the commission, must occur in: |
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(1) the counties any part of which are included in the |
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area described by Section 394.010(a-1) [394.010(a)]; or |
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(2) counties designated as nonattainment areas within |
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the meaning of Section 107(d) of the federal Clean Air Act (42 |
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U.S.C. Section 7407). |
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SECTION 2. Section 394.010, Health and Safety Code, is |
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amended by amending Subsections (a) and (d) and adding Subsections |
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(a-1), (a-2), (h), and (i) to read as follows: |
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(a) In this section: |
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(1) "State highway system" means the highways in this |
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state included in the plan providing for a system of state highways |
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prepared by the executive director of the Texas Department of |
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Transportation under Section 201.103, Transportation Code. |
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(2) "United States highway" means a highway designated |
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as part of the United States highway system by the American |
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Association of State Highways and Transportation Officials. |
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(a-1) To ensure that natural gas vehicles purchased, |
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leased, or otherwise commercially financed or repowered under the |
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program have access to fuel, and to build the foundation for a |
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self-sustaining market for natural gas vehicles in Texas, the |
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commission shall award grants to support the development of a |
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network of natural gas vehicle fueling stations: |
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(1) along the interstate highways connecting Houston, |
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San Antonio, Dallas, and Fort Worth; and |
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(2) along the state highway system or a United States |
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highway in counties contained wholly or partly in the triangular |
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area described by Subdivision (1). |
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(a-2) In awarding the grants, the commission shall provide |
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for: |
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(1) strategically placed natural gas vehicle fueling |
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stations in and between the Houston, San Antonio, and Dallas-Fort |
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Worth areas to enable a natural gas vehicle to travel in [along] |
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that triangular area relying solely on natural gas fuel; |
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(2) grants to be dispersed through a competitive |
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bidding process to offset a portion of the cost of installation of |
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the natural gas dispensing equipment; |
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(3) contracts that require the recipient stations to |
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meet operational, maintenance, and reporting requirements as |
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specified by the commission; and |
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(4) a listing, to be maintained by the commission and |
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made available to the public online, of all natural gas vehicle |
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fueling stations that have received grant funding, including |
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location and hours of operation. |
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(d) Stations funded by grants under this section must be |
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publicly accessible and located not more than three miles from a |
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highway designated as part of the state highway system, a United |
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States highway, or an interstate highway system. The commission |
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shall give preference to: |
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(1) stations providing both liquefied natural gas and |
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compressed natural gas at a single location; and |
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(2) stations located not more than one mile from a |
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highway designated as part of: |
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(A) the state highway system; |
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(B) a United States highway; or |
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(C) an interstate highway system. |
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(h) An application for a grant under this section must |
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contain a certification that the applicant is in compliance with |
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all laws, rules, and requirements regarding taxation of fuel |
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provided by the applicant at any fueling facility owned or operated |
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by the applicant existing at the time the application was filed. |
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(i) The commission may terminate a grant awarded under this |
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section without further obligation to the grant recipient if the |
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commission determines that the recipient was not in compliance with |
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a law, rule, or requirement described by Subsection (h) at the time |
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of application. This subsection does not create a cause of action |
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to contest an application or award of a grant. |
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SECTION 3. Chapter 393, Health and Safety Code, as added by |
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Chapter 589 (S.B. 20), Acts of the 82nd Legislature, Regular |
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Session, 2011, is repealed. |
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SECTION 4. This Act takes effect September 1, 2013. |