TITLE: Relating to the eligibility for grants for natural gas fueling stations under the Texas natural gas vehicle grant program.

SUMMARY: Relating to the eligibility for grants for natural gas fueling stations under the Texas natural gas vehicle grant program.

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