(a) The purchaser or lessee of a new light-duty motor vehicle powered by compressed natural gas, liquefied petroleum gas, or hydrogen fuel cell or other electric drive may be eligible for the incentive specified in subsection (b) or (c) of this section if the vehicle meets the requirements specified in paragraph (1) or (2) of this subsection and is listed on the list of eligible vehicles provided to the commission as specified under §114.613 of this title (relating to Manufacturer's Report). By August 1 of each year this division is in effect and appropriations are available to fund this program the commission will publish on its website a list of the eligible vehicles provided to the commission as specified under §114.613 of this title. Eligible vehicles include:
  (1) a new light-duty motor vehicle powered by compressed natural gas or liquefied petroleum gas that:
    (A) has four wheels;
    (B) was originally manufactured to comply with and has been certified by an original equipment manufacturer or intermediate or final state vehicle manufacturer as complying with, or has been altered to comply with, federal motor vehicle safety standards, state emissions regulations, and any additional state regulations applicable to vehicles powered by compressed natural gas or liquefied petroleum gas;
    (C) was manufactured for use primarily on public streets, roads, and highways;
    (D) has a dedicated or bi-fuel compressed natural gas or liquefied petroleum gas fuel system installed prior to first sale or installed in Texas within 500 miles of operation of the vehicle following first sale, and with a range of at least 125 miles as estimated, published, and updated by the United States Environmental Protection Agency; and
    (E) has, as applicable, a:
      (i) compressed natural gas fuel system that complies with the 2013 (or newer) National Fire Protection Association (NFPA) 52 Vehicular Gaseous Fuel Systems Code and American National Standard for Basic Requirements for Compressed Natural Gas Vehicle Fuel Containers, commonly cited as "ANSI/CSA NGV2"; or
      (ii) liquefied petroleum gas fuel system that complies with the 2011 (or newer) NFPA 58 Liquefied Petroleum Gas Code and Section VII of the 2013 (or newer) American Society of Mechanical Engineers Boiler and Pressure Vessel Code; or
  (2) a new light-duty motor vehicle powered by electric drive that:
    (A) has four wheels;
    (B) was manufactured for use primarily on public streets, roads, and highways;
    (C) the powertrain has not been modified from the original manufacturer's specifications;
    (D) has a maximum speed capability of at least 55 miles per hour; and
    (E) is propelled to a significant extent by an electric motor that draws electricity from a hydrogen fuel cell or from a battery that:
      (i) has a capacity of not less than four kilowatt hours; and
      (ii) is capable of being recharged from an external source of electricity.
(b) A person who purchases or leases a new light-duty motor vehicle powered by compressed natural gas or liquefied petroleum gas eligible for an incentive under subsection (a) of this section may be eligible to receive a $5,000 incentive.
(c) A person who purchases or leases a new light-duty motor vehicle powered by a hydrogen fuel cell or other electric drive eligible for an incentive under subsection (a) of this section may be eligible to receive a $2,500 incentive.
(d) To be eligible for the incentives under subsection (b) or (c) of this section, the purchaser or lessee must meet the following criteria:
  (1) acquired the eligible vehicle after the date established by the commission in the application solicitation;
  (2) completes the application for the Light-Duty Vehicle Purchase or Lease Incentive, providing all required information; and
  (3) signs a certification that the purchaser or lessee will register and operate the light-duty motor vehicle in this state for not less than one year.
(e) Incentives must be applied for using the forms developed and provided by the commission and must include the verification of purchase or lease as may be required by the commission.
(f) Only one incentive will be provided for each eligible new light-duty motor vehicle purchased or leased in the state.
(g) The incentive shall be provided to the lessee and not to the purchaser if the eligible new light-duty motor vehicle is purchased for the purpose of leasing the light-duty motor vehicle to another person.
(h) An incentive for the lease of an eligible new light-duty motor vehicle shall be prorated based on a three-year lease term. A person who leases an eligible new light-duty motor vehicle may qualify for 33.3% of the full incentive with a one-year lease, 66.6% of the full incentive with a two-year lease, and 100% of the full incentive with a three-year lease. The incentive will only be prorated based on a full-year lease.

Source Note: The provisions of this §114.612 adopted to be effective April 26, 2018, 43 TexReg 2429