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;
(C) is a four-wheeled motor vehicle;
(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.
(c) An application for a grant under this chapter must be made
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;
(C) satisfies any minimum percentage of annual usage
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.
(c) As a condition of receiving a grant, the qualifying vehicle
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.