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A BILL TO BE ENTITLED
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AN ACT
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relating to the enhancement of air quality, including the capture |
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of carbon dioxide and development of a greenhouse gas registry, the |
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development of emissions reduction technologies, and the |
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improvement of energy efficiency in buildings, vehicles, and |
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appliances; providing civil penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. ADVANCED CLEAN ENERGY PROJECTS |
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SECTION 1.01. Subdivision (1-a), Section 382.003, Health |
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and Safety Code, is amended to read as follows: |
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(1-a) "Advanced clean energy project" means a project |
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for which an application for a permit under this chapter is received |
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by the commission on or after January 1, 2008, and before January 1, |
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2020, and that: |
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(A) involves the use of coal, biomass, petroleum |
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coke, solid waste, or fuel cells using hydrogen derived from such |
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fuels, in the generation of electricity, or the creation of liquid |
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fuels outside of the existing fuel production infrastructure while |
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co-generating electricity; |
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(B) is capable of achieving on an annual basis a |
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99 percent or greater reduction of sulfur dioxide emissions, a 95 |
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percent or greater reduction of mercury emissions, and an emission |
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rate for nitrogen oxides of 0.05 pounds or less per million British |
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thermal units; and |
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(C) captures at least 50 percent of the carbon |
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dioxide in the fuel being combusted and sequesters that carbon |
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dioxide through methods that include geologic storage [renders
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carbon dioxide capable of capture, sequestration, or abatement if
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any carbon dioxide is produced by the project]. |
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SECTION 1.02. Section 382.003, Health and Safety Code, is |
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amended by adding Subdivision (7-bb) to read as follows: |
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(7-bb) "Geologic storage" means the underground |
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storage of carbon dioxide in a suitable geologic formation, |
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including storage that is accomplished in conjunction with an |
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enhanced oil recovery project. |
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SECTION 1.03. Subsection (b), Section 382.0567, Health and |
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Safety Code, is amended to read as follows: |
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(b) The commission may not consider any technology or level |
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of emission reduction to be achievable for purposes of a best |
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available control technology analysis or lowest achievable |
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emission rate analysis conducted by the commission under another |
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provision of this chapter solely because the technology is used or |
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the emission reduction is achieved by a facility receiving an |
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incentive as an advanced clean energy project or new technology |
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project, as described by Section 391.002. |
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ARTICLE 2. NEW TECHNOLOGY IMPLEMENTATION GRANT PROGRAM |
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SECTION 2.01. Subsection (b), Section 386.051, Health and |
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Safety Code, is amended to read as follows: |
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(b) Under the plan, the commission and the comptroller shall |
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provide grants or other funding for: |
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(1) the diesel emissions reduction incentive program |
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established under Subchapter C, including for infrastructure |
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projects established under that subchapter; |
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(2) the motor vehicle purchase or lease incentive |
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program established under Subchapter D; |
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(3) the new technology research and development |
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program established under Chapter 387; [and] |
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(4) the clean school bus program established under |
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Chapter 390; |
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(5) the new technology implementation grant program |
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established under Chapter 391; |
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(6) the plug-in hybrid motor vehicle rebate program |
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established under Subchapter G; and |
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(7) the energy-efficient appliance purchase incentive |
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program established under Section 2305.080, Government Code. |
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SECTION 2.02. Subsection (b), Section 386.052, Health and |
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Safety Code, is amended to read as follows: |
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(b) Appropriate commission objectives include: |
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(1) achieving maximum reductions in oxides of nitrogen |
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to demonstrate compliance with the state implementation plan; |
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(2) preventing areas of the state from being in |
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violation of national ambient air quality standards; |
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(3) achieving cost-saving and multiple benefits by |
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reducing emissions of other pollutants; [and] |
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(4) achieving reductions of emissions of diesel |
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exhaust from school buses; and |
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(5) advancing new technologies that reduce oxides of |
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nitrogen and other emissions from facilities and other stationary |
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sources. |
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SECTION 2.03. Subsection (b), Section 386.057, Health and |
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Safety Code, is amended to read as follows: |
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(b) Not later than December 1, 2002, and not later than |
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December 1 of each subsequent second year, the commission, in |
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consultation with the advisory board, shall publish and submit to |
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the legislature a biennial plan report. The report must include: |
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(1) the information included in the annual reviews |
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conducted under Subsection (a); |
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(2) specific information for individual projects as |
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required by Subsection (c); |
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(3) information contained in reports received under |
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Sections 386.205, 388.003(e), [and] 388.006, and 391.104; and |
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(4) a summary of the commission's activities under |
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Section 386.052. |
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SECTION 2.04. Subsection (c), Section 386.251, Health and |
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Safety Code, is amended to read as follows: |
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(c) The fund consists of: |
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(1) the amount of money deposited to the credit of the |
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fund under: |
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(A) Section 386.056; |
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(B) Sections 151.0515 and 152.0215, Tax Code; and |
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(C) Sections 501.138, 502.1675, and 548.5055, |
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Transportation Code; and |
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(2) grant money recaptured under Section 386.111(d) |
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and Chapters 387 and 391. |
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SECTION 2.05. Subsection (a), Section 386.252, Health and |
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Safety Code, is amended to read as follows: |
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(a) Money in the fund may be used only to implement and |
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administer programs established under the plan and shall be |
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allocated as follows: |
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(1) for the diesel emissions reduction incentive |
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program, 87.5 percent of the money in the fund, of which not more |
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than four percent may be used for the clean school bus program; |
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[and] not more than 10 percent may be used for on-road diesel |
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purchase or lease incentives; not more than 10 percent may be used |
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for the new technology implementation program, of which a defined |
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amount may be set aside for electricity storage projects related to |
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renewable energy; and a specified percentage may be used for |
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light-duty plug-in hybrid motor vehicle rebates; |
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(2) for the new technology research and development |
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program, 9.5 percent of the money in the fund, of which up to |
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$250,000 is allocated for administration, up to $200,000 is |
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allocated for a health effects study, $500,000 is to be deposited in |
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the state treasury to the credit of the clean air account created |
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under Section 382.0622 to supplement funding for air quality |
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planning activities in affected counties, not less than 20 percent |
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is to be allocated each year to support research related to air |
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quality for the Houston-Galveston-Brazoria and Dallas-Fort Worth |
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nonattainment areas by a nonprofit organization based in Houston of |
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which $216,000 each year shall be contracted to the Energy Systems |
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Laboratory at the Texas Engineering Experiment Station for the |
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development and annual calculation of creditable statewide |
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emissions reductions obtained through wind and other renewable |
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energy resources for the State Implementation Plan, and the balance |
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is to be allocated each year to a nonprofit organization or an |
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institution of higher education based in Houston to be used to |
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implement and administer the new technology research and |
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development program under a contract with the commission for the |
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purpose of identifying, testing, and evaluating new |
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emissions-reducing technologies with potential for |
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commercialization in this state and to facilitate their |
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certification or verification; and |
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(3) for administrative costs incurred by the |
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commission and the laboratory, three percent of the money in the |
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fund. |
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SECTION 2.06. Subtitle C, Title 5, Health and Safety Code, |
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is amended by adding Chapter 391 to read as follows: |
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CHAPTER 391. NEW TECHNOLOGY IMPLEMENTATION FOR FACILITIES AND |
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STATIONARY SOURCES PROGRAM |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 391.001. DEFINITIONS. In this chapter: |
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(1) "Best available control technologies" or "BACT" |
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has the meaning assigned by 42 U.S.C. Section 7479(3). |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Facility" has the meaning assigned by Section |
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382.003. |
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(4) "Incremental cost" has the meaning assigned by |
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Section 386.001. |
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(5) "New technology" means emissions control |
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technology that results in emissions reductions that exceed state |
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or federal requirements existing at the time of submission of a new |
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technology implementation grant application. |
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(6) "Stationary source" has the meaning assigned by 42 |
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U.S.C. Section 7602(z). |
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Sec. 391.002. PROGRAM. (a) The commission shall establish |
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and administer a new technology implementation program to implement |
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new technologies to reduce emissions from facilities and other |
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stationary sources located within the state. Under the program, |
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the commission shall provide grants or other financial incentives |
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for eligible projects to offset the incremental cost of emissions |
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reductions. |
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(b) Projects that may be considered for a grant under the |
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program include: |
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(1) advanced clean energy projects, as defined by |
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Section 382.003; |
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(2) new technology projects that reduce emissions of |
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regulated pollutants from point sources that involve capital |
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expenditures that exceed $500 million; and |
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(3) electricity storage projects related to renewable |
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energy. |
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Sec. 391.003. GUIDELINES AND CRITERIA. (a) The commission |
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shall adopt grant guidelines and criteria consistent with the |
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requirements of this chapter. |
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(b) Guidelines must include protocols to calculate |
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projected emissions reductions, project cost-effectiveness, and |
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safeguards to ensure that funded projects generate emissions |
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reductions not otherwise required by state or federal law. |
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(c) The commission may propose revisions to the guidelines |
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and criteria adopted under this section as necessary to improve the |
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ability of the plan to achieve its goals. |
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(d) Because the legislature finds that the current state of |
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air quality in the state jeopardizes the state's ability to meet |
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federal air quality requirements, the commission may adopt |
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emergency rules under Section 2001.034, Government Code, with |
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abbreviated notice, to carry out any rulemaking necessary to |
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implement this chapter. |
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(e) Except as provided by Subsection (d), the rulemaking |
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requirements of Chapter 2001, Government Code, do not apply to the |
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adoption or revision of guidelines and criteria under this section. |
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Sec. 391.004. AVAILABILITY OF EMISSIONS REDUCTION CREDITS |
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IN CERTAIN NONATTAINMENT AREAS. A project funded under this |
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chapter must comply with Sections 386.055 and 386.056, as |
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applicable. |
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[Sections 391.005-391.100 reserved for expansion] |
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SUBCHAPTER B. GRANT APPLICATIONS |
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Sec. 391.101. APPLICATION FOR GRANT. (a) Any person as |
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defined by Section 382.003 that owns a facility located within the |
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state may apply for a grant under the program established under |
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Section 391.002. The commission may adopt guidelines to allow a |
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person other than the owner to apply for and receive a grant in |
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order to improve the ability of the program to achieve its goals. |
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(b) An application for a grant under this chapter must be |
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made on a form provided by the commission and must contain |
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information required by the commission, including: |
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(1) a detailed description of the proposed project; |
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(2) information necessary for the commission to |
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determine whether the project meets eligibility requirements for |
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the type of project proposed, including a statement of the amounts |
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of any other public financial assistance the project will receive; |
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and |
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(3) other information the commission may require. |
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(c) An application for a grant under this chapter must |
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contain a plan for implementation of a program that will provide |
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project information and education to the public in the areas |
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subject to public notice under federal and state permitting |
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requirements for the proposed project until completion of the |
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permitting process. This plan shall include provision of a |
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publicly accessible, informational website. |
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Sec. 391.102. GRANT APPLICATION REVIEW PROCEDURES. |
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(a) The commission shall review an application for a grant for a |
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project authorized under this chapter according to dates specified |
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in a request for grant applications. If the commission determines |
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that an application is incomplete, the commission shall notify the |
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applicant and provide an explanation of what is missing from the |
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application. The commission shall evaluate the completed |
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application according to the appropriate project criteria. |
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(b) To the extent possible, the commission shall coordinate |
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project review and approval with any timing constraints related to |
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project purchases or installations to be made by an applicant. |
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(c) The commission may deny an application for a project |
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that does not meet the applicable project criteria or that the |
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commission determines is not made in good faith, is not credible, or |
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is not in compliance with this chapter and the goals of this |
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chapter. |
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(d) Subject to the availability of funds, the commission |
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shall award a grant under this chapter in conjunction with the |
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execution of a contract that obligates the commission to make the |
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grant and the recipient to perform the actions described in the |
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recipient's grant application. Subject to Section 391.204, the |
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contract must incorporate provisions for recapturing grant money |
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for noncompliance with grant requirements. Grant money recaptured |
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under the contract provision shall be deposited in the Texas |
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emissions reduction plan fund and reallocated for other projects |
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under this subchapter. |
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(e) An applicant may seek reimbursement for qualifying |
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equipment installed after the effective date of this program. |
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(f) The commission shall solicit review and comment from: |
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(1) the comptroller to assess the financial stability |
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of the applicant, the economic benefit and job creation associated |
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with the project, and any other information related to the duties of |
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that office; |
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(2) the Public Utility Commission of Texas to assess |
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the reliability of the proposed technology and the feasibility and |
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cost-effectiveness of electric transmission associated with the |
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project and any other information related to the duties of that |
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agency; and |
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(3) the Railroad Commission of Texas to assess the |
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availability and cost of the fuel involved with the project and any |
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other information related to the duties of that agency. |
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(g) The commission may solicit review and comment from other |
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state agencies or other entities with subject matter expertise as |
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applicable, in reviewing grant applications. |
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Sec. 391.103. EVIDENCE OF EMISSIONS REDUCTION POTENTIAL |
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REQUIRED. (a) An application for a new technology implementation |
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grant under this chapter must show reasonable evidence that the |
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proposed technology is capable of providing a significant reduction |
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in emissions. |
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(b) The commission shall consider specifically, for each |
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proposed technology implementation grant application: |
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(1) the projected potential for reduced emissions and |
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the cost-effectiveness of the technology; |
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(2) the potential for the technology to contribute |
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significantly to air quality goals; and |
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(3) the strength of the implementation plan. |
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Sec. 391.104. REPORTING REQUIREMENTS. The commission shall |
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prepare an annual report that summarizes the applications received |
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and grant awards made in the preceding year. Preparation of the |
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report must include the participation of the state agencies |
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involved in the review of applications under Section 391.102. |
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[Sections 391.105-391.200 reserved for expansion] |
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SUBCHAPTER C. PROJECT REQUIREMENTS |
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Sec. 391.201. ELIGIBILITY OF PROJECTS FOR GRANTS. (a) The |
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commission shall establish criteria for setting priorities for |
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projects eligible to receive grants under this chapter. The |
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commission shall review and may modify the criteria and priorities |
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as appropriate. |
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(b) A proposed project must meet the requirements of this |
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section to be eligible for a grant under the program established |
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under Section 391.002. |
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(c) Each proposed project must meet the cost-effectiveness |
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requirements established by the commission. |
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(d) A new technology implementation project must document, |
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in a manner acceptable to the commission, a reduction of the |
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baseline emissions adopted by the commission for the relevant |
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facility or stationary source. After studying available emissions |
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reduction technologies, the commission may adopt a minimum |
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percentage reduction of emissions to be required by this subsection |
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to improve the ability of the program to achieve its goals. |
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(e) If a baseline emissions standard does not exist for a |
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facility, the commission, for purposes of this subchapter, shall |
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establish an appropriate baseline emissions level for comparison |
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purposes. |
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(f) Water usage for proposed projects must be consistent |
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with the state water plan. |
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Sec. 391.202. CALCULATION OF COST-EFFECTIVENESS. The |
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commission shall establish reasonable methodologies for evaluating |
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project cost-effectiveness consistent with accepted methods. |
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Sec. 391.203. COST-EFFECTIVENESS CRITERIA; DETERMINATION |
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OF GRANT AMOUNT. (a) The commission may not award a grant that, |
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net of taxes, provides an amount that exceeds the incremental cost |
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of the proposed project. |
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(b) In determining the amount of a grant under this |
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subchapter, the commission shall reduce the incremental cost of a |
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proposed project by the value of any existing financial incentive |
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that directly reduces the cost of the proposed project, including |
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tax credits or deductions, other grants, or any other public |
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financial assistance. |
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Sec. 391.204. COST SHARING. (a) The commission shall |
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require an applicant to bear at least 50 percent of the costs of |
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implementing a project funded under this chapter. |
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(b) The commission may not require repayment of grant money, |
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except that the commission must require provisions for recapturing |
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grant money for noncompliance with grant requirements. |
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Sec. 391.205. PREFERENCES. (a) In awarding grants under |
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this chapter and except as provided by Subsection (c), the |
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commission shall assign preference to: |
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(1) projects that use natural resources originating or |
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produced in the state; |
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(2) projects that contain an energy efficiency |
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component; or |
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(3) projects that include the use of solar, wind, or |
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other renewable energy sources. |
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(b) higher preference shall be given to projects that |
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include more than one of the criteria described by Subsection (a). |
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(c) Preferences described by Subsection (a) may be assigned |
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only if the cost-effectiveness and emission performance of the |
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project is comparable to a project not claiming a preference |
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described by Subsection (a). |
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[Sections 391.206-391.300 reserved for expansion] |
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SUBCHAPTER D. FUNDING; EXPIRATION |
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Sec. 391.301. RESTRICTION ON USE OF GRANT. A recipient of a |
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grant under this chapter must use the grant to pay the incremental |
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costs of the purchase and installation of the project for which the |
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grant is made, which may include reasonable and necessary expenses |
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for the labor needed to install emissions-reducing equipment. The |
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recipient may not use the grant for the costs of operation and |
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maintenance of the emissions-reducing equipment. |
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Sec. 391.302. TIME OF USE OF GRANT FUNDING. Funds |
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appropriated for grants to be made by the commission under this |
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chapter for a fiscal year may be distributed in subsequent fiscal |
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years if the grant has been awarded and treated as a binding |
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encumbrance by the commission before the end of the appropriation |
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year of the funds appropriated for grant purposes. Distribution of |
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the grant funds is subject to Section 403.071, Government Code. |
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Sec. 391.303. EXPIRATION. This chapter expires August 31, |
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2019. |
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SECTION 2.07. Subsection (b), Section 403.071, Government |
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Code, is amended to read as follows: |
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(b) A claim may not be paid from an appropriation unless the |
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claim is presented to the comptroller for payment not later than two |
|
years after the end of the fiscal year for which the appropriation |
|
was made. However, a claim may be presented not later than four |
|
years after the end of the fiscal year for which the appropriation |
|
from which the claim is to be paid was made if the appropriation |
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relates to new construction contracts, to grants awarded under |
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Chapter 391, Health and Safety Code, or to repair and remodeling |
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projects that exceed the amount of $20,000, including furniture and |
|
other equipment, architects' and engineering fees, and other costs |
|
related to the contracts or projects. |
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ARTICLE 3. LOW-INCOME VEHICLE REPAIR ASSISTANCE, RETROFIT, AND |
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ACCELERATED VEHICLE RETIREMENT PROGRAM |
|
SECTION 3.01. Subsection (d), Section 382.210, Health and |
|
Safety Code, is amended to read as follows: |
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(d) A participating county shall provide an electronic |
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means for distributing vehicle repair or replacement funds once all |
|
program criteria have been met with regard to the repair or |
|
replacement. The county shall ensure that funds are transferred to |
|
a participating dealer under this section not later than the 14th |
|
[five] business day [days] after the date the county receives proof |
|
of the sale and any required administrative documents from the |
|
participating dealer. |
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ARTICLE 4. TEXAS EMISSIONS REDUCTION PLAN |
|
SECTION 4.01. Subsection (b-1), Section 501.138, |
|
Transportation Code, is amended to read as follows: |
|
(b-1) Fees collected under Subsection (b) to be sent to the |
|
comptroller shall be deposited as follows: |
|
(1) before September 1, 2008, to the credit of the |
|
Texas emissions reduction plan fund; and |
|
(2) on or after September 1, 2008, to the credit of the |
|
Texas Mobility Fund, except that $5 of each fee imposed under |
|
Subsection (a)(1) and deposited on or after September 1, 2008, and |
|
before August 31, 2019 [September 1, 2015], shall be deposited to |
|
the credit of the Texas emissions reduction plan fund. |
|
SECTION 4.02. Subsection (b-3), Section 501.138, |
|
Transportation Code, is amended to read as follows: |
|
(b-3) This subsection and Subsection (b-2) expire August |
|
31, 2019 [September 1, 2015]. |
|
SECTION 4.03. Subsection (d), Section 151.0515, Tax Code, |
|
is amended to read as follows: |
|
(d) This section expires August 31, 2019 [2013]. |
|
SECTION 4.04. Subsection (c), Section 152.0215, Tax Code, |
|
is amended to read as follows: |
|
(c) This section expires August 31, 2019 [2013]. |
|
SECTION 4.05. Section 390.006, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 390.006. EXPIRATION. This chapter expires August 31, |
|
2019 [2013]. |
|
SECTION 4.06. Section 386.001, Health and Safety Code, is |
|
amended by adding Subdivision (10-a) to read as follows: |
|
(10-a) "Stationary engine" means a machine that |
|
converts fuel into mechanical motion, including turbines and other |
|
internal combustion devices used in nonmobile applications. |
|
SECTION 4.07. Section 386.002, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 386.002. EXPIRATION. This chapter expires August 31, |
|
2019 [2013]. |
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SECTION 4.08. Subsection (c), Section 386.104, Health and |
|
Safety Code, is amended to read as follows: |
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(c) For a proposed project as described by Section |
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386.102(b), other than a project involving a marine vessel or |
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engine, not less than 75 percent of vehicle miles traveled or hours |
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of operation projected for the five years immediately following the |
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award of a grant must be projected to take place in a nonattainment |
|
area or affected county of this state. The commission may also |
|
allow vehicle travel on highways and roadways, or portions of a |
|
highway or roadway, designated by the commission and located |
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outside a nonattainment area or affected county to count towards |
|
the percentage of use requirement in this subsection. For a |
|
proposed project involving a marine vessel or engine, the vessel or |
|
engine must be operated in the intercoastal waterways or bays |
|
adjacent to a nonattainment area or affected county of this state |
|
for a sufficient amount of time over the lifetime of the project, as |
|
determined by the commission, to meet the cost-effectiveness |
|
requirements of Section 386.105. For a proposed project involving |
|
a mobile generator used for natural gas recovery purposes that is |
|
operated in a nonattainment area or affected county, the 75 percent |
|
of hours of operation in a nonattainment area or affected county |
|
projected for the project need not occur in the five years |
|
immediately following the award of a grant. |
|
SECTION 4.09. Chapter 386, Health and Safety Code, is |
|
amended by adding Subchapter G to read as follows: |
|
SUBCHAPTER G. PLUG-IN HYBRID MOTOR VEHICLE REBATE PROGRAM |
|
Sec. 386.301. DEFINITIONS. In this subchapter: |
|
(1) "Light-duty motor vehicle" has the meaning |
|
assigned by Section 386.151. |
|
(2) "Motor vehicle" has the meaning assigned by |
|
Section 386.151. |
|
(3) "Plug-in hybrid motor vehicle" means a vehicle |
|
that: |
|
(A) draws motive power from a battery with a |
|
capacity of at least four kilowatt-hours; |
|
(B) can be recharged from an external source of |
|
electricity for motive power; and |
|
(C) is a light-duty motor vehicle. |
|
Sec. 386.302. COMMISSION DUTIES REGARDING PLUG-IN HYBRID |
|
MOTOR VEHICLE PURCHASE PROGRAM. (a) The commission shall develop |
|
a rebate program for new plug-in hybrid motor vehicles and shall |
|
adopt rules necessary to implement the program. |
|
(b) The program shall authorize statewide rebates for the |
|
purchase of new plug-in hybrid motor vehicles for a purchaser who |
|
agrees to register the vehicle in this state and operate the vehicle |
|
in this state for not less than 75 percent of the vehicle's annual |
|
mileage. |
|
(c) Only one rebate may be provided for each new plug-in |
|
hybrid motor vehicle. |
|
Sec. 386.303. PLUG-IN HYBRID MOTOR VEHICLE REBATE. A new |
|
plug-in hybrid motor vehicle is eligible for a $4,000 rebate. |
|
Sec. 386.304. MODIFICATION OF INCENTIVE. After evaluating |
|
new technologies, the commission may change the rebate established |
|
by Section 386.303 to improve the ability of the program to achieve |
|
its goals, including a phase out of the rebate based on the level of |
|
market saturation of each vehicle, consistent with federal |
|
regulations governing the phase out, if any, of incentives for |
|
hybrid vehicles. |
|
Sec. 386.305. MANUFACTURER'S REPORT. Not later than July 1 |
|
of each year and preceding the beginning of the vehicle model year, |
|
a manufacturer of motor vehicles shall provide to the commission a |
|
list of the new vehicle models that the manufacturer intends to sell |
|
in this state during that model year that meet the definition of |
|
plug-in hybrid motor vehicles under Section 386.301. The |
|
manufacturer may supplement the list provided to the commission |
|
under this section as necessary to include additional new vehicle |
|
models the manufacturer intends to sell in this state during the |
|
model year. |
|
Sec. 386.306. LIST OF ELIGIBLE MOTOR VEHICLES. (a) On |
|
August 1 of each year the commission shall publish a list of the new |
|
model motor vehicles as listed for the commission under Section |
|
386.305. The commission shall publish and supplement that list as |
|
necessary to include additional new vehicle models listed in a |
|
supplement to the original list provided by a manufacturer under |
|
Section 386.305. |
|
(b) The commission shall distribute the list of eligible |
|
motor vehicles to all new motor vehicle dealers in this state. |
|
Sec. 386.307. COMMISSION TO ACCOUNT FOR MOTOR VEHICLE |
|
REBATES. (a) The commission by rule shall develop a method to |
|
administer and account for the motor vehicle rebates authorized by |
|
this subchapter and to pay rebates to the purchaser of a new motor |
|
vehicle on application of the purchaser as provided by this |
|
subchapter. |
|
(b) The commission shall develop and publish forms and |
|
instructions for the purchaser of a new motor vehicle to use in |
|
applying to the commission for a rebate under this subchapter. The |
|
commission shall make the forms available to new motor vehicle |
|
dealers. Dealers shall make the forms available to their |
|
prospective purchasers. |
|
(c) In addition to other forms developed and published under |
|
this section, the commission shall develop and publish a |
|
verification form by which, with information provided by the |
|
dealer, the commission can verify the sale of a vehicle covered by |
|
this subchapter. The verification form must include at least the |
|
name of the purchaser, the vehicle identification number of the |
|
vehicle involved, the date of the purchase, and the name of the new |
|
motor vehicle dealer involved in the transaction. At the time of |
|
sale of a vehicle eligible for a rebate under this subchapter, the |
|
dealer shall complete the verification form supplied to the dealer |
|
by the commission. The purchaser must include the completed |
|
verification form as part of the purchaser's application for a |
|
rebate. The dealer shall maintain a copy of the completed |
|
verification form for at least two years from the date of the |
|
transaction. |
|
Sec. 386.308. SUSPENSION OF REBATES. (a) The commission |
|
shall track motor vehicle rebate applications and payments. |
|
(b) If the balance of funds available for motor vehicle |
|
rebates falls below 15 percent of the total allocated for the |
|
rebates during a fiscal year, the commission may suspend the |
|
rebates until the date the commission can certify that the balance |
|
available in the fund for rebates is an amount adequate to resume |
|
the rebates or the beginning of the next fiscal year, whichever is |
|
earlier. If the commission suspends the rebates, the commission |
|
shall immediately notify all new motor vehicle dealers that the |
|
rebates have been suspended. |
|
(c) The commission shall establish a toll-free telephone |
|
number available to motor vehicle dealers to call to verify that |
|
rebates are available. The commission may provide for issuing |
|
verification numbers over the telephone. |
|
(d) Reliance by a dealer on information provided by the |
|
commission is a complete defense to an action involving or based on |
|
eligibility of a vehicle for a rebate or availability of vehicles |
|
eligible for a rebate. |
|
ARTICLE 5. NEW TECHNOLOGY RESEARCH |
|
AND DEVELOPMENT PROGRAM |
|
SECTION 5.01. Subsection (a), Section 386.252, Health and |
|
Safety Code, is amended to read as follows: |
|
(a) Money in the fund may be used only to implement and |
|
administer programs established under the plan and shall be |
|
allocated as follows: |
|
(1) for the diesel emissions reduction incentive |
|
program, 87.5 percent of the money in the fund, of which not more |
|
than four percent may be used for the clean school bus program and |
|
not more than 10 percent may be used for on-road diesel purchase or |
|
lease incentives; |
|
(2) for the new technology research and development |
|
program, nine [9.5] percent of the money in the fund, of which up to |
|
$250,000 is allocated for administration, up to $200,000 is |
|
allocated for a health effects study, $500,000 is to be deposited in |
|
the state treasury to the credit of the clean air account created |
|
under Section 382.0622 to supplement funding for air quality |
|
planning activities in affected counties, not less than 20 percent |
|
is to be allocated each year to support the energy efficient |
|
appliance purchase incentive program created under Subchapter E, |
|
Chapter 2305, Government Code, [research related to air quality for
|
|
the Houston-Galveston-Brazoria and Dallas-Fort Worth nonattainment
|
|
areas by a nonprofit organization based in Houston] of which |
|
$216,000 each year shall be contracted to the Energy Systems |
|
Laboratory at the Texas Engineering Experiment Station for the |
|
development and annual calculation of creditable statewide |
|
emissions reductions obtained through wind and other renewable |
|
energy resources for the State Implementation Plan, and the balance |
|
is to be allocated each year to the commission [a nonprofit
|
|
organization or an institution of higher education based in
|
|
Houston] to be used to implement and administer the new technology |
|
research and development program [under a contract with the
|
|
commission] for the purpose of identifying, testing, and evaluating |
|
new emissions-reducing technologies with potential for |
|
commercialization in this state and to facilitate their |
|
certification or verification; and |
|
(3) for administrative costs incurred by the |
|
commission and the laboratory, 3.5 [three] percent of the money in |
|
the fund, of which two percent is allocated to the commission and |
|
1.5 percent is allocated to the laboratory. |
|
SECTION 5.02. Section 387.003, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 387.003. NEW TECHNOLOGY RESEARCH AND DEVELOPMENT |
|
PROGRAM. (a) The commission [A nonprofit organization or
|
|
institution of higher education described by Section
|
|
386.252(a)(2), under a contract with the commission as described by
|
|
that section,] shall establish and administer a new technology |
|
research and development program as provided by this chapter. The |
|
commission may contract with one or more well-qualified nonprofit |
|
organizations or institutions of higher education for |
|
administration of this program [more than one entity and may limit
|
|
the amount of each grant contract accordingly]. |
|
(b) Under the program, the commission shall provide grants |
|
to be used to support development of emissions-reducing |
|
technologies that may be used for projects eligible for awards |
|
under Chapters [Chapter] 386 and 391 and other new technologies |
|
that show promise for commercialization. The primary objective of |
|
this chapter is to promote the development of commercialization |
|
technologies to reduce emissions of oxides of nitrogen in Texas |
|
nonattainment areas [that will support projects that may be funded
|
|
under Chapter 386 and this chapter, including advanced technologies
|
|
such as fuel cells, catalysts, and fuel additives]. |
|
(c) If the commission contracts with one or more nonprofit |
|
organizations to [The board of directors of a nonprofit
|
|
organization under contract with the commission to establish and] |
|
administer a new technology research and development program under |
|
[as provided by] this chapter, the board of directors of each |
|
organization may not have more than 11 members, must include two |
|
persons of relevant scientific expertise to be nominated by the |
|
commission, and may not include more than four county judges |
|
[selected from counties in the Houston-Galveston-Brazoria and
|
|
Dallas-Fort Worth nonattainment areas]. The two persons of |
|
relevant scientific expertise to be nominated by the commission may |
|
be employees or officers of the commission, provided that they do |
|
not participate in funding decisions affecting the granting of |
|
funds by the commission to a nonprofit organization on whose board |
|
they serve. |
|
(d) [The commission may enter into a grant contract with an
|
|
institution of higher education described by Section 386.252(a)(2)
|
|
for the institution to operate a testing facility which would be
|
|
available for demonstration of eligible projects receiving grants
|
|
under this chapter.
|
|
[(e)] The commission shall provide oversight as appropriate |
|
for grants provided to a nonprofit organization or an institution |
|
of higher education under this program. |
|
(e) [(f)] A nonprofit organization or an institution of |
|
higher education shall submit to the commission for approval a |
|
budget for the disposition of funds granted under this program. |
|
(f) [(g)] The commission shall limit the use of grants for |
|
administrative costs incurred by a nonprofit organization or an |
|
institution of higher education to an amount not to exceed 10 |
|
percent of the total program funding [provided to the nonprofit
|
|
organization under this program]. |
|
(g) [(h)] A nonprofit organization that receives grants |
|
from the commission under this program is subject to Chapters 551 |
|
and 552, Government Code. |
|
SECTION 5.03. Section 387.004, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 387.004. SOLICITATION OF NEW TECHNOLOGY PROPOSALS. |
|
The commission from time to time shall issue or contract with a |
|
nonprofit organization or an institution of higher education |
|
described by Section 387.003(a) [386.252(a)(2)] to issue specific |
|
requests for proposals (RFPs) or program opportunity notices (PONs) |
|
for technology projects to be funded under the program. |
|
SECTION 5.04. Subsections (a), (b), and (f), Section |
|
387.005, Health and Safety Code, are amended to read as follows: |
|
(a) Grants awarded under this chapter shall be directed |
|
toward a balanced mix of: |
|
(1) retrofit and add-on technologies and other |
|
advanced technologies that reduce emissions from the existing stock |
|
of engines and vehicles targeted by the Texas emissions reduction |
|
plan, provided that the technologies do not significantly reduce |
|
the fuel economy of those engines and vehicles; |
|
(2) [the establishment of a testing facility to
|
|
evaluate retrofits, add-ons, advanced technologies, and fuels, or
|
|
combinations of retrofits, add-ons, advanced technologies, and
|
|
fuels, to determine their effectiveness in producing emissions
|
|
reductions, with emphasis on the reduction of oxides of nitrogen; and
|
|
[(3)] advanced technologies for new engines and |
|
vehicles that produce very-low or zero emissions of oxides of |
|
nitrogen, including stationary and mobile fuel cells; |
|
(3) advanced technologies for reducing oxides of |
|
nitrogen and other emissions from stationary sources; and |
|
(4) field validation of innovative technologies for |
|
reducing emissions of oxides that require demonstration of |
|
viability for full commercial acceptance. |
|
(b) The commission, directly or through a nonprofit |
|
organization or an institution of higher education described by |
|
Section 387.003(a) [386.252(a)(2)], shall identify and evaluate |
|
and may consider making grants for technology projects that would |
|
allow qualifying fuels to be produced from energy resources in this |
|
state. In considering projects under this subsection, the |
|
commission shall give preference to projects involving otherwise |
|
unusable energy resources in this state and producing qualifying |
|
fuels at prices lower than otherwise available and low enough to |
|
make the projects to be funded under the program economically |
|
attractive to local businesses in the area for which the project is |
|
proposed. |
|
(f) Selection of grant recipients by a nonprofit |
|
organization or an institution of higher education described by |
|
Section 387.003(a) [386.252(a)(2)] under contract with the |
|
commission for the purpose of establishing and administering a new |
|
technology research and development program as provided by this |
|
chapter is subject to the commission's review and to the other |
|
requirements of this chapter. A grant contract under this chapter |
|
using funds described by Section 386.252 may not be made by a |
|
nonprofit organization or an institution of higher education if the |
|
commission or executive director of the commission does not consent |
|
to the grant or contract. |
|
SECTION 5.05. Section 387.006, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 387.006. EVIDENCE OF COMMERCIALIZATION POTENTIAL |
|
REQUIRED. (a) An application for a technology grant under this |
|
chapter must show reasonable [clear and compelling] evidence that: |
|
(1) the proposed technology project has a substantial |
|
[strong] commercialization plan and organization; and |
|
(2) the technology proposed for funding[:
|
|
[(A)] is likely to be offered for commercial sale |
|
in this state as soon as practicable [but no later than five years] |
|
after the date of the application for funding[; and
|
|
[(B)
once commercialized, will offer
|
|
opportunities for projects eligible for funding under Chapter 386]. |
|
(b) The commission shall consider specifically, for each |
|
proposed technology project application: |
|
(1) the projected potential for reduced emissions of |
|
oxides of nitrogen and the cost-effectiveness of the technology |
|
once it has been commercialized including the impact on fuel |
|
consumption and maintenance costs for retrofits and rebuilds; |
|
(2) the potential for the technology to contribute |
|
significantly to air quality goals; and |
|
(3) the strength of the commercialization plan. |
|
ARTICLE 6. ENERGY EFFICIENT APPLIANCE PURCHASE INCENTIVE PROGRAM |
|
SECTION 6.01. Subchapter E, Chapter 2305, Government Code, |
|
is amended by adding Section 2305.080 to read as follows: |
|
Sec. 2305.080. ENERGY EFFICIENT APPLIANCE PURCHASE |
|
INCENTIVE PROGRAM. (a) The energy office is the supervising state |
|
agency for the energy-efficient appliance purchase incentive |
|
program. |
|
(b) The energy office may accept gifts, grants, or other |
|
assistance for the purpose of implementation of this section. |
|
(c) The energy office shall use funds provided for the |
|
program to provide financial incentives designed to assist persons |
|
in the purchase of equipment and appliances that meet or exceed the |
|
federal Energy Star standards designated by the United States |
|
Environmental Protection Agency and the United States Department of |
|
Energy. |
|
(d) Programs approved under this section must include the |
|
retirement of materials and appliances that contribute to energy |
|
consumption or peak energy demand to ensure the reduction of energy |
|
consumption, energy demand, or peak loads, and associated emissions |
|
of air contaminants. |
|
(e) Appliances funded through the program under this |
|
section may include: |
|
(1) air conditioning units; and |
|
(2) refrigeration units. |
|
ARTICLE 7. BUILDING ENERGY CODES |
|
SECTION 7.01. Subsection (a), Section 388.003, Health and |
|
Safety Code, is amended to read as follows: |
|
(a) To achieve energy conservation in single-family |
|
residential construction, the energy efficiency provisions |
|
[chapter] of the International Residential Code, as it existed on |
|
May 1, 2009 [2001], is adopted as the energy code in this state for |
|
single-family residential construction. |
|
SECTION 7.02. Subsection (b), Section 388.003, Health and |
|
Safety Code, is amended to read as follows: |
|
(b) To achieve energy conservation in all other |
|
residential, commercial, and industrial construction, the |
|
International Energy Conservation Code as it existed on May 1, 2009 |
|
[2001], is adopted as the energy code for use in this state for all |
|
other residential, commercial, and industrial construction. |
|
SECTION 7.03. Subsection (b-1), Section 388.003, Health and |
|
Safety Code, as added by Section 3.01, Chapter 262 (S.B. 12), Acts |
|
of the 80th Legislature, Regular Session, 2007, is amended to read |
|
as follows: |
|
(b-1) If the State Energy Conservation Office determines, |
|
based on written recommendations from the laboratory, that the |
|
latest published [edition of the] International Residential Code |
|
energy efficiency provisions or the latest published edition of the |
|
International Energy Conservation Code will result in residential |
|
or commercial sector energy efficiency and air quality impact, on |
|
average, that is equivalent to or better than the energy efficiency |
|
and air quality achievable under the editions adopted under |
|
Subsection (a) or (b), the office may by rule adopt the equivalent |
|
or more stringent editions and substitute them for the energy codes |
|
described by Subsection (a) or (b). The rule, if adopted, shall |
|
establish an effective date for the new energy codes but not earlier |
|
than nine months after the date of adoption. The laboratory shall |
|
make its recommendations not later than six months after |
|
publication of new editions at the end of each three-year code |
|
development cycle of the International Residential Code and the |
|
International Energy Conservation Code. |
|
SECTION 7.04. Subsection (c), Section 388.003, Health and |
|
Safety Code, is amended to read as follows: |
|
(c) A municipality shall establish procedures: |
|
(1) for the administration and enforcement of the |
|
codes; and |
|
(2) to ensure that code-certified inspectors or |
|
approved energy efficiency program verifiers shall perform |
|
inspections and enforce the code in the inspectors' jurisdictions. |
|
SECTION 7.05. Subsection (d), Section 388.003, Health and |
|
Safety Code, is amended to read as follows: |
|
(d) A municipality or county may establish procedures to |
|
adopt local amendments to the International Energy Conservation |
|
Code and the energy efficiency provisions [chapter] of the |
|
International Residential Code. |
|
SECTION 7.06. Subsection (e), Section 388.003, Health and |
|
Safety Code, is amended to read as follows: |
|
(e) Local amendments may not result in less stringent |
|
overall energy efficiency requirements in nonattainment areas and |
|
in affected counties than the energy efficiency chapter of the |
|
International Residential Code or International Energy |
|
Conservation Code. Local amendments must comply with the National |
|
Appliance Energy Conservation Act of 1987 (42 U.S.C. Sections |
|
6291-6309), as amended. The laboratory, at the request of a |
|
municipality or county, shall determine the relative impact of |
|
proposed local amendments to an energy code, including whether |
|
proposed amendments are substantially equal to or less stringent |
|
than the unamended code. [For the purpose of establishing uniform
|
|
requirements throughout a region, and on request of a council of
|
|
governments, a county, or a municipality, the laboratory may
|
|
recommend a climatically appropriate modification or a climate zone
|
|
designation for a county or group of counties that is different from
|
|
the climate zone designation in the unamended code.] The |
|
laboratory shall: |
|
(1) report its findings to the council, county, or |
|
municipality, including an estimate of any energy savings potential |
|
above the base code from local amendments; and |
|
(2) annually submit a report to the commission: |
|
(A) identifying the municipalities and counties |
|
whose codes are more stringent than the unamended code, and whose |
|
codes are equally stringent or less stringent than the unamended |
|
code; and |
|
(B) quantifying energy savings and emissions |
|
reductions from this program. |
|
SECTION 7.07. Subsection (f), Section 388.003, Health and |
|
Safety Code, is amended to read as follows: |
|
(f) Each municipality, and each county that has established |
|
procedures under Subsection (d), shall periodically review and |
|
consider revisions made by the International Code Council to the |
|
International Energy Conservation Code and the energy efficiency |
|
chapter of the International Residential Code adopted after May 1, |
|
2009 [2001]. |
|
SECTION 7.08. The following provisions of the Health and |
|
Safety Code are repealed: |
|
(1) Subsection (b-1), Section 388.003, as added by |
|
Section 11, Chapter 939 (H.B. 3693), Acts of the 80th Legislature, |
|
Regular Session, 2007; and |
|
(2) Subsection (b-2), Section 388.003, as added by |
|
Section 3.01, Chapter 262 (S.B. 12), Acts of the 80th Legislature, |
|
Regular Session, 2007. |
|
ARTICLE 8. IDLING OF MOTOR VEHICLES |
|
SECTION 8.01. Section 382.0191, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 382.0191. IDLING OF MOTOR VEHICLE WHILE USING SLEEPER |
|
BERTH. (a) In this section, "idling" means allowing an engine to |
|
run while the motor vehicle is not engaged in forward or reverse |
|
motion. |
|
(b) The commission may not prohibit or limit the idling of a |
|
motor vehicle when idling is necessary to power a heater or air |
|
conditioner while a driver is using the vehicle's sleeper berth for |
|
a government-mandated rest period. Idling is not necessary to |
|
power a heater or air conditioner if the vehicle is within two miles |
|
of a facility offering external heating and air conditioning |
|
connections at a time when those connections are available. |
|
(c) No driver using the vehicle's sleeper berth may idle the |
|
vehicle in a residential area as defined by Section 244.001, Local |
|
Government Code, or in a school zone or within 1,000 feet of a |
|
hospital or a public school during its hours of operation. An |
|
offense under this subsection shall be punishable by a fine not to |
|
exceed $500. |
|
[(d) This section expires September 1, 2009.] |
|
ARTICLE 9. EXEMPTION OF THE WEIGHT OF CERTAIN IDLE REDUCTION |
|
SYSTEMS FOR COMMERCIAL VEHICLES FROM MAXIMUM WEIGHT RESTRICTIONS |
|
SECTION 9.01. Section 621.001, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 621.001. DEFINITIONS. In this chapter: |
|
(1) "Commercial motor vehicle" means a motor vehicle, |
|
other than a motorcycle, designed or used for: |
|
(A) the transportation of property; or |
|
(B) delivery purposes. |
|
(2) "Commission" means the Texas Transportation |
|
Commission. |
|
(3) "Department" means the Texas Department of |
|
Transportation. |
|
(4) "Director" means the executive director of the |
|
Texas Department of Transportation. |
|
(5) "Idle reduction system" means any system that |
|
provides heating, cooling, or electrical service to a commercial |
|
vehicle cab for the purpose of reducing vehicle idling. |
|
(6) "Motor vehicle" means a vehicle that is |
|
self-propelled. |
|
(7) [(6)] "Semitrailer" means a vehicle without motive |
|
power that is designed, or used with a motor vehicle, so that some |
|
of its weight and the weight of its load rests on or is carried by |
|
the motor vehicle. |
|
(8) [(7)] "Trailer" means a vehicle without motive |
|
power that is: |
|
(A) designed or used to carry property or |
|
passengers on its own structure exclusively; and |
|
(B) drawn by a motor vehicle. |
|
(9) [(8)] "Truck-tractor" means a motor vehicle |
|
designed or used primarily for drawing another vehicle: |
|
(A) that is not constructed to carry a load other |
|
than a part of the weight of the vehicle and load being drawn; or |
|
(B) that is engaged with a semitrailer in the |
|
transportation of automobiles or boats and that transports the |
|
automobiles or boats on part of the truck-tractor. |
|
(10) [(9)] "Vehicle" means a mechanical device, other |
|
than a device moved by human power or used exclusively upon |
|
stationary rails or tracks, in, on, or by which a person or property |
|
can be transported on a public highway. The term includes a motor |
|
vehicle, commercial motor vehicle, truck-tractor, trailer, or |
|
semitrailer but does not include manufactured housing as defined by |
|
Chapter 1201, Occupations Code. |
|
(11) [(10)] "Single axle weight" means the total |
|
weight transmitted to the road by all wheels whose centers may be |
|
included between two parallel transverse vertical planes 40 inches |
|
apart, extending across the full width of the vehicle. |
|
(12) [(11)] "Tandem axle weight" means the total |
|
weight transmitted to the road by two or more consecutive axles |
|
whose centers may be included between parallel transverse vertical |
|
planes spaced more than 40 inches and not more than 96 inches apart, |
|
extending across the full width of the vehicle. |
|
(13) [(12)] "Port of entry" means a place designated |
|
by executive order of the president of the United States, by order |
|
of the United States secretary of the treasury, or by act of the |
|
United States Congress at which a customs officer is authorized to |
|
accept entries of merchandise, collect duties, and enforce customs |
|
and navigation laws. The term includes a publicly owned or |
|
privately owned international port of entry between this state and |
|
the United Mexican States. |
|
SECTION 9.02. Section 621.101, Transportation Code, is |
|
amended by adding Subsection (d) to read as follows: |
|
(d) Notwithstanding any provision of this section or any |
|
other section to the contrary, the maximum gross vehicle weight |
|
limit, bridge formula limit, and axle weight limit for any vehicle |
|
or combination of vehicles equipped with an idle reduction system |
|
may be increased by a quantity necessary to compensate for the |
|
additional weight of the idle reduction system as provided for in 23 |
|
U.S.C. Section 127. In no case shall the additional weight increase |
|
allowed by this subsection be greater than 400 pounds. On request |
|
by an appropriate law enforcement officer, the vehicle operator |
|
shall provide proof that the idle reduction technology is fully |
|
functional at all times and that the gross weight increase is not |
|
used for any purpose other than for the use of an idle reduction |
|
system. |
|
ARTICLE 10. APPLIANCE EFFICIENCY STANDARDS |
|
SECTION 10.01. Subtitle C, Title 5, Health and Safety Code, |
|
is amended by adding Chapter 392 to read as follows: |
|
CHAPTER 392. APPLIANCE EFFICIENCY STANDARDS |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 392.001. DEFINITIONS. In this chapter: |
|
(1) "Bottle-type water dispenser" means a water |
|
dispenser that uses a bottle or reservoir as the source of potable |
|
water. |
|
(2) "Commercial hot food holding cabinet" means a |
|
heated, fully enclosed compartment with one or more solid or glass |
|
doors that is designed to maintain the temperature of hot food that |
|
has been cooked in a separate appliance. |
|
(3) "Compact audio product," also known as a mini, |
|
mid, micro, or shelf audio system, means an integrated audio system |
|
encased in a single housing that includes an amplifier and radio |
|
tuner with attached or separable speakers that can reproduce audio |
|
from magnetic tape, compact disc, DVD, or flash memory. |
|
(4) "Digital versatile disc" or "DVD" means a |
|
laser-encoded plastic medium capable of storing a large amount of |
|
digital audio, video, or computer data. |
|
(5) "DVD player" means a digital versatile disc player |
|
that: |
|
(A) is a commercially available electronic |
|
product encased in a single housing that includes an integral power |
|
supply; and |
|
(B) is designed to decode digitized video signals |
|
on a DVD. |
|
(6) "DVD recorder" means a digital versatile disc |
|
recorder that: |
|
(A) is a commercially available electronic |
|
product encased in a single housing that includes an integral power |
|
supply; and |
|
(B) is designed for the production or recording |
|
of digitized video signals on a DVD. |
|
(7) "Energy Star Program" means the United States |
|
Environmental Protection Agency's Energy Star Program. |
|
(8) "Portable electric spa" means a factory-built |
|
electric spa or hot tub, supplied with equipment for heating and |
|
circulating water. |
|
(9) "Residential pool pump" means a pump used to |
|
circulate and filter residential swimming pool water to maintain |
|
the water's clarity and sanitation. |
|
(10) "Water dispenser" means a factory-made assembly |
|
that mechanically cools and heats potable water and that dispenses |
|
the cooled or heated water by integral or remote means. |
|
Sec. 392.002. APPLICABILITY; EXEMPTIONS. (a) This |
|
chapter applies to the following new products sold, offered for |
|
sale, or installed in this state: |
|
(1) bottle-type water dispensers; |
|
(2) commercial hot food holding cabinets; |
|
(3) compact audio products; |
|
(4) DVD players and recorders; |
|
(5) portable electric spas; |
|
(6) residential pool pumps; and |
|
(7) any other products that are designated by the |
|
comptroller in accordance with Section 392.102. |
|
(b) This chapter does not apply to: |
|
(1) a new product manufactured in this state and sold |
|
outside the state; |
|
(2) a new product manufactured outside this state and |
|
sold at wholesale inside the state for final retail sale and |
|
installation outside the state; |
|
(3) a product installed in a mobile manufactured home |
|
at the time of the home's construction; |
|
(4) a product designed expressly for installation and |
|
use in a recreational vehicle; |
|
(5) a commercial heated glass merchandising cabinet, |
|
dresser warmer, or cook-and-hold appliance for hot food; |
|
(6) a compact audio product that: |
|
(A) can be independently powered by internal |
|
batteries; |
|
(B) has a powered external satellite antenna; or |
|
(C) can provide a video output signal; or |
|
(7) a DVD recorder that has an electronic programming |
|
guide function that provides an interactive, onscreen menu of |
|
television listings and downloads program information from the |
|
vertical blanking interval of a regular television signal. |
|
[Sections 392.003-392.050 reserved for expansion] |
|
SUBCHAPTER B. EFFICIENCY STANDARDS |
|
Sec. 392.051. MINIMUM EFFICIENCY STANDARDS FOR CERTAIN |
|
APPLIANCES. (a) Not later than September 1, 2010, the |
|
comptroller, in consultation with the state energy conservation |
|
office, shall adopt rules establishing minimum efficiency |
|
standards for each type of new product described by Section |
|
392.002(a). |
|
(b) If the United States Environmental Protection Agency or |
|
the United States Department of Energy adopt an Energy Star rating |
|
for any appliances covered by this chapter, the standard contained |
|
in this chapter is preempted by the federal requirements. |
|
Sec. 392.052. NEW OR INCREASED EFFICIENCY STANDARDS. |
|
(a) The comptroller may adopt rules to establish increased |
|
efficiency standards for a product listed in Section 392.002(a) or |
|
to establish standards for a product not listed in that subsection. |
|
(b) In considering new or increased standards, the |
|
comptroller, in consultation with the state energy conservation |
|
office, shall prescribe new or increased efficiency standards if |
|
the comptroller determines that the standards would: |
|
(1) serve to promote energy conservation in this |
|
state; and |
|
(2) be cost-effective for consumers who purchase and |
|
use the new product. |
|
Sec. 392.053. EFFECTIVE DATE OF STANDARDS. A standard |
|
established under this subchapter takes effect on the first |
|
anniversary of the date the rule establishing the standard is |
|
adopted. |
|
Sec. 392.054. BOTTLE-TYPE WATER DISPENSERS. A bottle-type |
|
water dispenser designed for dispensing both hot and cold water may |
|
not have standby energy consumption greater than 1.2 kilowatt-hours |
|
per day, as measured in accordance with the test criteria contained |
|
in version 1 of the "Energy Star Program Requirements for Bottled |
|
Water Coolers," except that Section D, "Timer Usage," of those test |
|
criteria may not be used to test units with an integral, automatic |
|
timer. |
|
Sec. 392.055. COMMERCIAL HOT FOOD HOLDING CABINETS. (a) A |
|
commercial hot food holding cabinet must have a maximum idle energy |
|
rate of not greater than 40 watts per cubic foot of interior volume, |
|
as determined by the "idle energy rate-dry test" in ASTM F2140-01, |
|
"Standard Test Method for Performance of Hot Food Holding |
|
Cabinets," copyright 2007 ASTM International. |
|
(b) Interior volume must be measured in accordance with the |
|
method shown in the "Energy Star Program Requirements for |
|
Commercial Hot Food Holding Cabinets" as in effect on August 15, |
|
2003. |
|
Sec. 392.056. COMPACT AUDIO PRODUCTS. A compact audio |
|
product may not use more than two watts in standby-passive mode for |
|
a product without a permanently illuminated clock display and four |
|
watts in standby-passive mode for a product with a permanently |
|
illuminated clock display, as measured in accordance with |
|
International Electrotechnical Commission (IEC) test method |
|
62087:2002-2003(E), "Methods of Measurement for the Power |
|
Consumption of Audio, Video, and Related Equipment." |
|
Sec. 392.057. DVD PLAYERS OR RECORDERS. A DVD player or |
|
recorder may not use more than three watts in standby-passive mode, |
|
as measured in accordance with International Electrotechnical |
|
Commission (IEC) test method 62087:2002-2003(E), "Methods of |
|
Measurement for the Power Consumption of Audio, Video, and Related |
|
Equipment." |
|
Sec. 392.058. PORTABLE ELECTRIC SPAS. A portable electric |
|
spa may not have a standby power greater than 5(v) watts where v |
|
equals the total volume in gallons. Standby power must be measured |
|
in accordance with the test method for portable electric spas |
|
contained in Section 1604, Title 20, California Code of |
|
Regulations, as of December 2006. |
|
Sec. 392.059. RESIDENTIAL POOL PUMP MOTORS. (a) A |
|
residential pool pump motor manufactured on or after January 1, |
|
2006, may not be a split-phase or capacitor start-induction run |
|
type motor. |
|
(b)(1) A residential pool pump motor with a pool pump motor |
|
capacity of one horsepower or more that is manufactured on or after |
|
January 1, 2008, must be capable of operating at two or more speeds |
|
with a low speed having a rotation rate that is not more than |
|
one-half of the motor's maximum rotation rate. The pump motor must |
|
be operated with a pump control that has the capability of operating |
|
the pump at a minimum of two speeds. |
|
(2) A residential pool pump motor with a pool pump |
|
motor capacity of one horsepower or more that is manufactured on or |
|
after January 1, 2010, and installed in existing residential pool |
|
pumps as a replacement residential pool pump motor must be capable |
|
of operating at two or more speeds with a low speed having a |
|
rotation rate that is no more than one-half of the motor's maximum |
|
rotation rate. The pump motor must be operated with a pump control |
|
that is capable of operating the pump at a minimum of two speeds. |
|
(c) A pool pump motor control manufactured on or after |
|
January 1, 2008, that is sold for use with a pool pump capable of |
|
operating at two or more speeds must be able to operate the pool |
|
pump at a minimum of two speeds. The control's default circulation |
|
speed setting may be no more than one-half of the motor's maximum |
|
rotation rate. Any high-speed override capability must be for a |
|
temporary period not to exceed one 24-hour cycle without resetting |
|
to default settings. |
|
Sec. 392.060. TRACKING, REPORTING, AND CLAIMING EMISSION |
|
REDUCTION CREDITS ASSOCIATED WITH ENERGY EFFICIENCY. The Texas |
|
Commission on Environmental Quality shall work with the Energy |
|
Systems Laboratory at the Texas Engineering Experiment Station of |
|
The Texas A&M University System to ensure that the state receives |
|
full credit in the state implementation plan for air emission |
|
reductions achieved through energy efficiency. |
|
[Sections 392.061-392.100 reserved for expansion] |
|
SUBCHAPTER C. IMPLEMENTATION AND MODIFICATION OF EFFICIENCY |
|
STANDARDS |
|
Sec. 392.101. PRODUCT COMPLIANCE. (a) A new product |
|
described by Section 392.002(a) may not be sold or offered for sale |
|
in this state unless the efficiency of the new product meets or |
|
exceeds the applicable efficiency standards prescribed by the rules |
|
adopted under Subchapter B. |
|
(b) On or after the first anniversary of the date for the |
|
sale or offering for sale of a new product subject to an efficiency |
|
standard adopted under this chapter, that product may not be |
|
installed for compensation in this state unless the efficiency of |
|
the product meets or exceeds the applicable efficiency standards |
|
prescribed by the rules adopted under Subchapter B. |
|
Sec. 392.102. APPLICATION FOR WAIVER. For purposes of this |
|
chapter, the comptroller may apply for a waiver of federal |
|
preemption in accordance with federal procedures under 42 U.S.C. |
|
Section 6297(d) to authorize state efficiency standards for a |
|
product regulated by the federal government. |
|
[Sections 392.103-392.150 reserved for expansion] |
|
SUBCHAPTER D. TESTING, CERTIFICATION, LABELING, AND ENFORCEMENT |
|
Sec. 392.151. PRODUCT TESTING. (a) The manufacturer of a |
|
new product subject to an efficiency standard adopted under this |
|
chapter shall test samples of the product in accordance with the |
|
test procedures adopted under this chapter. |
|
(b) The comptroller, in consultation with the state energy |
|
conservation office, by rule shall adopt test procedures for |
|
determining a product's energy efficiency if Subchapter B does not |
|
provide for the procedures. The comptroller shall adopt test |
|
methods approved by the United States Department of Energy or, in |
|
the absence of those test methods, other appropriate nationally |
|
recognized test methods. |
|
(c) The comptroller may adopt revised test procedures when |
|
new versions of test procedures become available. |
|
Sec. 392.152. PRODUCT CERTIFICATION. (a) Except as |
|
provided by Subsection (c), the manufacturer of a new product |
|
subject to an efficiency standard adopted under this chapter shall |
|
certify to the comptroller that the product is in compliance with |
|
that standard according to test results. |
|
(b) The comptroller shall adopt rules governing the |
|
certification of products under this section and shall coordinate |
|
certification by this state with the certification programs of |
|
other states and federal agencies with similar standards. |
|
(c) Subsection (a) does not apply to a manufacturer of |
|
single-voltage external AC to DC power supplies, walk-in |
|
refrigerators, or walk-in freezers. |
|
Sec. 392.153. PRODUCT LABELING. (a) The manufacturer of a |
|
new product subject to an efficiency standard adopted under this |
|
chapter shall identify each product offered for sale or |
|
installation in this state as being in compliance with this chapter |
|
by means of a mark, label, or tag on the product and packaging at the |
|
time of sale or installation. |
|
(b) The comptroller shall adopt rules governing the |
|
identification of products and packaging under this section. The |
|
rules must to the greatest practical extent be coordinated with the |
|
labeling programs of other states and federal agencies with |
|
equivalent efficiency standards. The comptroller shall allow the |
|
use of existing marks, labels, or tags that connote compliance with |
|
the efficiency requirements of this chapter. |
|
Sec. 392.154. COMPTROLLER TESTING FOR EFFICIENCY STANDARDS |
|
COMPLIANCE. (a) The comptroller may test products subject to an |
|
efficiency standard adopted under this chapter for compliance with |
|
the applicable efficiency standards. If a product tested is found |
|
not to be in compliance with the standards, the comptroller shall |
|
impose against the manufacturer of the product an assessment in an |
|
amount sufficient to recover the costs of purchasing and testing |
|
the product. |
|
(b) The comptroller shall make information available to the |
|
public on any product found under this section not to be in |
|
compliance with the standards. |
|
Sec. 392.155. INSPECTIONS. The comptroller may have |
|
periodic inspections conducted of a distributor or retailer of new |
|
products covered by Section 392.002 subject to an efficiency |
|
standard adopted under this chapter to determine compliance with |
|
this chapter. The inspections must be conducted at reasonable and |
|
convenient hours. Notice must be given before an inspection may be |
|
conducted. |
|
Sec. 392.156. COMPLAINTS. The comptroller shall |
|
investigate a complaint received concerning a violation of this |
|
chapter and shall report the results of the investigation to the |
|
attorney general. |
|
Sec. 392.157. ATTORNEY GENERAL ENFORCEMENT. The attorney |
|
general may institute proceedings to enforce this chapter. |
|
Sec. 392.158. VIOLATIONS AND PENALTIES. (a) The |
|
comptroller shall issue a warning to a person for the person's first |
|
violation of this chapter. |
|
(b) A person's second and subsequent violations are subject |
|
to a civil penalty of not more than $250. |
|
(c) Each violation constitutes a separate violation, and |
|
each day that a violation continues constitutes a separate |
|
violation. |
|
(d) A penalty assessed under this section is in addition to |
|
costs assessed under Section 392.154. |
|
Sec. 392.159. RULES FOR IMPLEMENTATION AND ENFORCEMENT. |
|
The comptroller may adopt additional rules necessary to ensure the |
|
proper implementation and enforcement of this chapter. |
|
SECTION 10.02. (a) The efficiency standards prescribed by |
|
rules adopted under Subchapter B, Chapter 392, Health and Safety |
|
Code, as added by this article, apply only to the sale or offer of |
|
sale of a new product to which that chapter applies that occurs on |
|
or after January 1, 2011. |
|
(b) Notwithstanding Subsection (a) of this section, a new |
|
residential pool pump that does not meet the efficiency standards |
|
contained in Section 392.059, Health and Safety Code, as added by |
|
this article, may be sold in this state through December 31, 2011. |
|
ARTICLE 11. GREENHOUSE GAS REGISTRY |
|
SECTION 11.01. Chapter 382, Health and Safety Code, is |
|
amended by adding Subchapter J to read as follows: |
|
SUBCHAPTER J. GREENHOUSE GAS REGISTRY |
|
Sec. 382.501. GREENHOUSE GAS REGISTRY. (a) The commission |
|
along with the Railroad Commission of Texas and the Public Utility |
|
Commission of Texas shall jointly participate in the federal |
|
government process for developing federal greenhouse gas reporting |
|
requirements and the federal greenhouse gas registry requirements. |
|
(b) The commission shall adopt rules to comply with any |
|
federal greenhouse gas reporting requirements adopted by the |
|
federal government for private and public facilities eligible to |
|
participate in the federal greenhouse gas registry. In adopting |
|
the rules, the commission shall adopt and incorporate by reference |
|
rules implementing the federal reporting requirements and the |
|
federal registry. |
|
ARTICLE 12. PERMITTING |
|
SECTION 12.01. Section 382.0518, Health and Safety Code, is |
|
amended by adding Subsection (c-1) to read as follows: |
|
(c-1) In considering the issuance of a permit for a new |
|
electric generating facility, the commission shall analyze and |
|
consider: |
|
(1) the cumulative effects of the facility's expected |
|
emissions together with the cumulative effects of the authorized |
|
emissions from all sources of pollution permitted under this |
|
section, as well as all sources of pollution from electric |
|
generating facility applications determined to be technically |
|
complete, that are located within a radius of impact specified by |
|
commission rule, or 100 miles, whichever is greater; |
|
(2) whether the emissions from the facility will cause |
|
an area to be designated a nonattainment area; and |
|
(3) whether the emissions from the facility will |
|
negatively affect compliance with the state implementation plan. |
|
SECTION 12.02. Subsections (a) and (d), Section 382.055, |
|
Health and Safety Code, are amended to read as follows: |
|
(a) A preconstruction permit issued or renewed by the |
|
commission is subject to review to determine whether the authority |
|
to operate should be renewed according to the following schedule: |
|
(1) a preconstruction permit issued before December 1, |
|
1991, is subject to review not later than 10 [15] years after the |
|
date of the last renewal before January 1, 2010 [issuance]; |
|
(2) a preconstruction permit issued on or after |
|
December 1, 1991, is subject to review: |
|
(A) every 10 years after the date of issuance; or |
|
(B) on the filing of an application for an |
|
amendment to the permit, if: |
|
(i) the applicant is subject to Section |
|
382.056; |
|
(ii) the application is filed with the |
|
commission not more than three years before the date the permit is |
|
scheduled to expire; and |
|
(iii) the applicant does not object to |
|
having the permit subjected to review at that time; and |
|
(3) for cause, a preconstruction permit issued on or |
|
after December 1, 1991, for a facility at a nonfederal source may |
|
contain a provision requiring the permit to be renewed at a period |
|
of between five and 10 years. |
|
(d) In determining whether and under which conditions a |
|
preconstruction permit should be renewed, the commission shall |
|
consider, at a minimum: |
|
(1) the performance of the owner or operator of the |
|
facility according to the method developed by the commission under |
|
Section 5.754, Water Code; [and] |
|
(2) the condition and effectiveness of existing |
|
emission control equipment and practices; |
|
(3) whether construction of the facility has been |
|
completed; |
|
(4) whether the facility has been commercially |
|
operated; and |
|
(5) whether the facility has ceased operation for the |
|
preceding five years or more. |
|
ARTICLE 13. EFFECTIVE DATE |
|
SECTION 13.01. This Act takes effect September 1, 2009. |