CHAPTER 391. TEXAS CLEAN FLEET PROGRAM

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-5-sanitation-and-environmental-quality > Chapter-391-texas-clean-fleet-program

HEALTH AND SAFETY CODE

TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY

SUBTITLE C. AIR QUALITY

CHAPTER 391. TEXAS CLEAN FLEET PROGRAM

Chapter 391, consisting of Secs. 391.001 to 391.008, was added by

Acts 2009, 81st Leg., R.S., Ch.

1232, Sec. 5.

For another Chapter 391, consisting of Secs. 391.001 to 391.304,

added by Acts 2009, 81st Leg., R.S., Ch.

1125, Sec. 9, see Sec. 391.001 et seq., post.

For expiration of this chapter, see Section 391.008.

Sec. 391.001. DEFINITIONS. In this chapter:

(1) "Alternative fuel" means a fuel other than gasoline or

diesel fuel, including electricity, compressed natural gas,

liquified natural gas, hydrogen, propane, or a mixture of fuels

containing at least 85 percent methanol by volume.

(2) "Commission" means the Texas Commission on Environmental

Quality.

(3) "Golf cart" has the meaning assigned by Section 502.001,

Transportation Code.

(4) "Hybrid vehicle" means a vehicle with at least two different

energy converters and two different energy storage systems on

board the vehicle for the purpose of propelling the vehicle.

(5) "Incremental cost" has the meaning assigned by Section

386.001.

(6) "Light-duty motor vehicle" has the meaning assigned by

Section 386.151.

(7) "Motor vehicle" has the meaning assigned by Section 386.151.

(8) "Neighborhood electric vehicle" means a motor vehicle that:

(A) is originally manufactured to meet, and does meet, the

equipment requirements and safety standards established for

"low-speed vehicles" in Federal Motor Vehicle Safety Standard No.

500 (49 C.F.R. Section 571.500);

(B) is a slow-moving vehicle, as defined by Section 547.001,

Transportation Code, that is able to attain a speed of more than

20 miles per hour but not more than 25 miles per hour in one mile

on a paved, level surface;

(D) is powered by electricity or alternative power sources;

(E) has a gross vehicle weight rating of less than 3,000 pounds;

and

(F) is not a golf cart.

(9) "Program" means the Texas clean fleet program established

under this chapter.

Added by Acts 2009, 81st Leg., R.S., Ch.

1232, Sec. 5, eff. September 1, 2009.

Sec. 391.002. PROGRAM. (a) The commission shall establish and

administer the Texas clean fleet program to encourage a person

that has a fleet of diesel-powered vehicles to replace them with

alternative fuel or hybrid vehicles. Under the program, the

commission shall provide grants for eligible projects to offset

the incremental cost of projects for fleet owners.

(b) An entity that places 25 or more qualifying vehicles in

service for use entirely in this state during a calendar year is

eligible to participate in the program.

Added by Acts 2009, 81st Leg., R.S., Ch.

1232, Sec. 5, eff. September 1, 2009.

Sec. 391.003. QUALIFYING VEHICLES. (a) A vehicle is a

qualifying vehicle that may be considered for a grant under the

program if during the calendar year the entity purchases a new

on-road vehicle that:

(1) is certified to current federal emissions standards;

(2) replaces a diesel-powered on-road vehicle of the same weight

classification and use; and

(3) is a hybrid vehicle or fueled by an alternative fuel.

(b) A vehicle is not a qualifying vehicle if the vehicle:

(1) is a neighborhood electric vehicle;

(2) has been used as a qualifying vehicle to qualify for a grant

under this chapter for a previous reporting period or by another

entity; or

(3) has qualified for a similar grant or tax credit in another

jurisdiction.

Added by Acts 2009, 81st Leg., R.S., Ch.

1232, Sec. 5, eff. September 1, 2009.

Sec. 391.004. APPLICATION FOR GRANT. (a) An entity operating

in this state that operates a fleet of at least 100 vehicles may

apply for and receive a grant under the program.

(b) The commission may adopt guidelines to allow a regional

planning commission, council of governments, or similar regional

planning agency created under Chapter 391, Local Government Code,

or a private nonprofit organization to apply for and receive a

grant to improve the ability of the program to achieve its goals.

on a form provided by the commission and must contain the

information required by the commission.

Added by Acts 2009, 81st Leg., R.S., Ch.

1232, Sec. 5, eff. September 1, 2009.

Sec. 391.005. ELIGIBILITY OF PROJECTS FOR GRANTS. (a) The

commission by rule shall establish criteria for prioritizing

projects eligible to receive grants under this chapter. The

commission shall review and revise the criteria as appropriate.

(b) To be eligible for a grant under the program, a project

must:

(1) result in a reduction in emissions of nitrogen oxides or

other pollutants, as established by the commission, of at least

25 percent, based on:

(A) the baseline emission level set by the commission under

Subsection (g); and

(B) the certified emission rate of the new vehicle; and

(2) replace a vehicle that:

(A) is an on-road vehicle that has been owned, registered, and

operated by the applicant in Texas for at least the two years

immediately preceding the submission of a grant application;

(B) satisfies any minimum average annual mileage or fuel usage

requirements established by the commission;

requirements established by the commission; and

(D) is in operating condition and has at least two years of

remaining useful life, as determined in accordance with criteria

established by the commission.

must be continuously owned, registered, and operated in the state

by the grant recipient for at least five years from the date of

reimbursement of the grant-funded expenses. Not less than 75

percent of the annual use of the qualifying vehicle, either

mileage or fuel use as determined by the commission, must occur

in the state.

(d) The commission shall include and enforce the usage

provisions in the grant contracts. The commission shall monitor

compliance with the ownership and usage requirements, including

submission of reports on at least an annual basis, or more

frequently as determined by the commission.

(e) The commission by contract may require the return of all or

a portion of grant funds for a grant recipient's noncompliance

with the usage and percentage of use requirements under this

section.

(f) A vehicle or engine replaced under this program must be

rendered permanently inoperable by crushing the vehicle or making

a hole in the engine block and permanently destroying the frame

of the vehicle. The commission shall establish criteria for

ensuring the permanent destruction of the engine and vehicle.

The commission shall monitor and enforce the destruction

requirements.

(g) The commission shall establish baseline emission levels for

emissions of nitrogen oxides for on-road vehicles being replaced.

The commission may consider and establish baseline emission

rates for additional pollutants of concern, as determined by the

commission.

(h) Mileage requirements established by the commission under

Subsection (b)(2)(B) may differ by vehicle weight categories and

type of use.

Added by Acts 2009, 81st Leg., R.S., Ch.

1232, Sec. 5, eff. September 1, 2009.

Sec. 391.006. RESTRICTION ON USE OF GRANT. A recipient of a

grant under this chapter shall use the grant to pay the

incremental costs of the project for which the grant is made,

which may include the initial cost of the alternative fuel

vehicle and the reasonable and necessary expenses incurred for

the labor needed to install emissions-reducing equipment. The

recipient may not use the grant to pay the recipient's

administrative expenses.

Added by Acts 2009, 81st Leg., R.S., Ch.

1232, Sec. 5, eff. September 1, 2009.

Sec. 391.007. AMOUNT OF GRANT. (a) The amount the commission

shall award for each vehicle being replaced is:

(1) 80 percent of the incremental cost for replacement of a

heavy-duty diesel engine:

(A) manufactured prior to implementation of federal or

California emission standards; and

(B) not certified to meet a specific emission level by either

the United States Environmental Protection Agency or the

California Air Resources Board;

(2) 70 percent of the incremental cost for replacement of a

heavy-duty diesel engine certified to meet the federal emission

standards applicable to engines manufactured in 1990 through

1997;

(3) 60 percent of the incremental cost for replacement of a

heavy-duty diesel engine certified to meet the federal emission

standards applicable to engines manufactured in 1998 through

2003;

(4) 50 percent of the incremental cost for replacement of a

heavy-duty diesel engine certified to meet the federal emission

standards applicable to engines manufactured in 2004 and later;

(5) 80 percent of the incremental cost for replacement of a

light-duty diesel vehicle:

(A) manufactured prior to the implementation of certification

requirements; and

(B) not certified to meet either mandatory or voluntary emission

certification standards;

(6) 70 percent of the incremental cost for replacement of a

light-duty diesel vehicle certified to meet federal Tier 1

emission standards phased in between 1994 and 1997; and

(7) 60 percent of the incremental cost for replacement of a

light-duty diesel vehicle certified to meet federal Tier 2

emission standards phased in between 2004 and 2009.

(b) The commission may revise the standards for determining

grant amounts, as needed to reflect changes to federal emission

standards and decisions on pollutants of concern.

Added by Acts 2009, 81st Leg., R.S., Ch.

1232, Sec. 5, eff. September 1, 2009.

Sec. 391.008. EXPIRATION. This chapter expires August 31, 2017.

Added by Acts 2009, 81st Leg., R.S., Ch.

1232, Sec. 5, eff. September 1, 2009.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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