Part 1.
RAILROAD COMMISSION OF TEXAS
Chapter 15.
ALTERNATIVE FUELS RESEARCH AND EDUCATION DIVISION
The Railroad Commission of Texas proposes amendments to §15.105,
relating to Definitions; §15.125, relating to Application; §15.140,
relating to Rebate Amount; Minimum Efficiency Factor or Performance Standard; §15.150,
relating to Assignment of Rebate; §15.155, relating to Compliance; §15.160,
relating to Complaints; §15.205, relating to Definitions; §15.305,
relating to Definitions; and §15.405, relating to Definitions. The Commission
proposes the amendments to incorporate provisions related to grant-funded
rebate and incentive programs and to clarify certain administrative and procedural
provisions.
In §15.105, relating to Definitions, the Commission proposes to amend
the definitions of "application," to include a reference to a propane equipment
supplier; "available funds," to include funds available from gifts and grants;
and "safety inspection," to include a reference to a propane equipment supplier.
This change would apply to programs such as the Commission's grant-funded
low-NOx forklift initiative program, in which a propane equipment supplier
rather than a propane dealer co-signs a consumer's application. The Commission
also proposes new definitions of "installation date," as the date on which
propane service for eligible equipment is established, i.e., the date the
gas is turned on, and "propane equipment supplier," as a Railroad Commission
LP-gas licensee, company representative or operations supervisor who sells,
leases or services eligible equipment to or for consumers; who has completed
and submitted the form prescribed by the Commission to participate in a rebate
or incentive program as a propane equipment supplier; and who is a regular
or potential supplier of eligible equipment to an applicant. The Commission
also proposes to amend the definition of "propane dealer" to correct the name
of the administrative unit of the Commission that licenses LP-gas companies
and maintains records of their company representatives and operations supervisors.
In §15.125, relating to Application, the Commission proposes to amend
subsection (a) to include a reference to a propane equipment supplier. The
Commission also proposes to amend subsection (c) to clarify that applications
for rebates or incentives will be considered in the order they are received
and paid in the order of their installation dates. In addition, the Commission
proposes to add a new subsection (d) to clarify that a rebate or incentive
will be paid out of funds appropriated for the fiscal year in which the installation
date occurs, unless the Commission obligates or reserves funds from a different
fiscal year to pay rebates or incentives. The Commission proposes to amend
current subsection (e), proposed to be redesignated as subsection (f), by
adding a sentence clarifying that it is the installation date that determines
whether funds are available and the rebate or incentive amount in effect,
and to re-designate former subsections (d), (e), (f) and (g) as (e), (f),
(g) and (h), respectively.
In §15.140, relating to Rebate Amount; Minimum Efficiency Factor or
Performance Standard, the Commission proposes to amend subsection (a) to clarify
that the amount of a rebate or incentive paid on an approved application is
the amount that is in effect on the installation date rather than on the date
the application is approved.
In §15.150, relating to Assignment of Rebate, the Commission proposes
to add a reference to a propane equipment supplier, to allow a consumer to
assign a rebate or incentive to a propane equipment supplier as well as to
a propane dealer. This change would apply to programs such as the Commission's
grant-funded low-NOx forklift initiative program, in which a propane equipment
supplier rather than a propane dealer co-signs a consumer's application. The
Commission also proposes to amend this section to specify that the rebate
amount assigned is the amount in effect on the installation date rather than
on the date the application is approved.
In §15.155, relating to Compliance, the Commission proposes to amend
subsections (a) and (b) by subjecting a participating propane equipment supplier
to the same sanctions as an applicant or propane dealer who submits false
information or otherwise violates program rules.
In §15.160, relating to Complaints, the Commission proposes to amend
subsection (b) by correcting the name of the Railroad Commission section that
handles complaints that an installation does not comply with the Commission's
LP-gas safety rules.
In §§15.205, 15.305, and 15.405, the Commission proposes to correct
the name of the section of the Commission that handles certain LP-gas activities.
Dan Kelly, Director, Alternative Fuels Education and Research Division,
has determined that for the first five years that the proposed amendments
will be in effect, there will be no fiscal implications for state or local
governments as a result of enforcing or administering the sections as amended.
Participation in all of the division's consumer rebate and incentive programs
is voluntary, and the amendments as proposed represent minor administrative
changes that current staff can implement without additional resources.
Mr. Kelly has also determined that there will be no cost of compliance
with the proposed amendments for individuals, small businesses, or micro-businesses.
Participation in all of the division's consumer rebate and incentive programs
is voluntary, and the proposed changes would require no additional expenditures
of time or money by individuals and companies choosing to participate in the
programs.
Mr. Kelly has also determined that the public benefit anticipated as a
result of enforcing or administering the sections as amended will be enhanced
applicability of the consumer rebate program rules to grant-funded incentive
programs such as the low-NOx forklift initiative, as well as greater clarity
and improved communication to consumers, propane dealers and propane equipment
suppliers of the rules governing administration of the Commission's LP-gas
rebate and incentive programs.
Comments on the proposal may be submitted to Rules Coordinator, Office
of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin,
Texas 78711-2967; online at www.rrc.state.tx.us/rules/commentform.html; or
by electronic mail to rulescoordinator@rrc.state.tx.us. The Commission will
accept comments for 30 days after publication in the
Texas Register
. The Commission encourages all interested persons to
submit comments no later than the deadline. The Commission cannot guarantee
that comments submitted after the deadline will be considered. For further
information, call Mr. Kelly at (512) 463-7291 or AFRED Marketing and Public
Education Director Heather Ball at (512) 463-7359. The status of Commission
rulemakings in progress is available at www.rrc.state.tx.us/rules/proposed.html.
Subchapter B. PROPANE CONSUMER REBATE PROGRAM
16 TAC §§15.105, 15.125, 15.140, 15.150, 15.155, 15.160
The Commission proposes the amendments under the Texas Natural
Resources Code, §113.241, which authorizes the Commission to adopt all
necessary rules relating to the purposes of Texas Natural Resources Code,
Chapter 113, Subchapter I, and activities regarding the use of LP-gas and
other environmentally beneficial alternative fuels that are or have the potential
to be effective in improving the quality of air in this state; §113.243,
which authorizes the Commission to research, develop, and implement marketing,
advertising, and informational programs relating to alternative fuels to make
alternative fuels more understandable and readily available to consumers; §113.2435,
which authorizes the Commission to establish consumer rebate programs for
purchasers of appliances and equipment fueled by LP-gas or other environmentally
beneficial alternative fuels for the purpose of achieving energy conservation
and efficiency and improving the quality of air in this state; and §113.246,
which requires the Commission to adopt rules necessary for the administration,
collection, reporting, and payment of the fees payable or collected under
this subchapter.
Statutory authority: Texas Natural Resources Code, §§113.241,
113.243, 113.2435, and 113.246.
Cross-reference to statute: Texas Natural Resources Code, Chapter 113.
Issued in Austin, Texas on July 22, 2005.
§15.105.Definitions.
The following words and terms, when used in this chapter (relating
to the Alternative Fuels Research and Education Division) shall have the following
meanings, unless the context clearly indicates otherwise.
(1)
(No change.)
(2)
Application--That set of forms prescribed by the commission
for the purpose of applying for and/or assigning a rebate and participating
in the rebate program as a propane dealer
or propane equipment supplier
, including all required supporting documentation.
(3)
Available funds--Money available in the Alternative Fuels
Research and Education Fund Account No. 101--General Revenue Dedicated, or
its successor, in the state treasury, consisting of fees charged under Texas
Natural Resources Code, Chapter 113, Subchapter I; the penalties for the late
payment of the fee charged under Texas Natural Resources Code, Chapter 113,
Subchapter I; [
(4) - (9)
(No change.)
(10)
Installation date--The date
on which propane service for eligible equipment is established.
(11)
[
(12)
[
(13)
[
(A)
has been issued a current Category E license from the Gas
Services Division,
License and Permit
[
(B)
operates or manages a retail business, including any branch
outlet or outlets, delivering odorized propane to consumers; and
(C)
has completed and submitted the form prescribed by the
commission for dealer participation in the rebate program; and
(D)
is a regular supplier or a potential regular supplier of
propane to an applicant.
(14)
Propane equipment supplier--A
person who:
(A)
has been issued a current Category L or other
applicable LP-gas license from the Gas Services Division, License and Permit
Section of the commission, or is an active company representative or operations
supervisor on file with the Section; and
(B)
operates or manages a retail business, including
any branch outlet or outlets, selling, leasing or servicing eligible equipment
to or for consumers; and
(C)
has completed and submitted the form prescribed
by the commission for propane equipment supplier participation in a rebate
or incentive program; and
(D)
is a regular supplier or a potential regular
supplier of eligible equipment to an applicant.
(15)
[
§15.125.Application.
(a)
Forms. Application for a rebate shall be made by a consumer
on forms prescribed for that purpose by the commission. The application for
a rebate consists of a one- or two-page form, depending on the type of rebate,
verifying the equipment for which the rebate is being sought. The form may
require, for example, the make, model, and serial number of the eligible equipment
installed or being replaced; the date and physical address of the installation;
the applicant's name, address, and telephone number; and the participating
propane marketer's
or propane equipment supplier's
name, address,
telephone number, and Railroad Commission LP-Gas license number. The form
requires the signature of the applicant and the Company Representative and,
for certain rebate amounts, the applicant's tax identification number or social
security number. The required documentation must show that the equipment for
which the rebate is being sought is installed and operating in the State of
Texas in compliance with Railroad Commission requirements.
(b)
(No change.)
(c)
Priority. Applications shall be considered on a first-come,
first-served basis according to the receipt dates of complete and correct
applications.
Priority for payment shall be determined by the installation
dates recorded on complete and correct applications.
(d)
Allocation of payment to fiscal
year. The installation date shall determine the fiscal year appropriation
from which a rebate or incentive is paid. The commission may obligate or reserve
funds to pay a rebate or incentive from funds of a fiscal year other than
that in which the installation date occurs.
(e)
[
(f)
[
(g)
[
(h)
[
§15.140.Rebate Amount; Minimum Efficiency Factor or Performance Standard.
(a)
The commission shall establish the rebate amount and may
establish a minimum energy efficiency factor or other performance standard,
as applicable, for an eligible installation. The commission may change this
amount or performance standard at any time. If the commission changes the
rebate amount or performance standard, an applicant whose application is approved
will receive the amount that is in effect
on the installation date of
[
(b)
(No change.)
§15.150.Assignment of Rebate.
The commission may authorize payment of a rebate to a propane dealer
or propane equipment supplier
only by assignment from a consumer. Rebate
amounts assigned shall be those in effect
on the installation date of
eligible equipment
[
§15.155.Compliance.
(a)
An applicant
,
[
(b)
Within 30 days after the division director mails a notice
of suspension or ineligibility to an applicant
,
[
§15.160.Complaints.
(a)
(No change.)
(b)
Complaints that an installation does not comply with the
commission's LP-gas safety rules should be sent in writing to the assistant
director of the Gas Services Division,
License and Permit
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on July 22, 2005.
TRD-200502984
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: September 4, 2005
For further information, please call: (512) 475-1295
16 TAC §15.205
The Commission proposes the amendments under the Texas Natural
Resources Code, §113.241, which authorizes the Commission to adopt all
necessary rules relating to the purposes of Texas Natural Resources Code,
Chapter 113, Subchapter I, and activities regarding the use of LP-gas and
other environmentally beneficial alternative fuels that are or have the potential
to be effective in improving the quality of air in this state; §113.243,
which authorizes the Commission to research, develop, and implement marketing,
advertising, and informational programs relating to alternative fuels to make
alternative fuels more understandable and readily available to consumers; §113.2435,
which authorizes the Commission to establish consumer rebate programs for
purchasers of appliances and equipment fueled by LP-gas or other environmentally
beneficial alternative fuels for the purpose of achieving energy conservation
and efficiency and improving the quality of air in this state; and §113.246,
which requires the Commission to adopt rules necessary for the administration,
collection, reporting, and payment of the fees payable or collected under
this subchapter.
Statutory authority: Texas Natural Resources Code, §§113.241,
113.243, 113.2435, and 113.246.
Cross-reference to statute: Texas Natural Resources Code, Chapter 113.
Issued in Austin, Texas on July 22, 2005.
§15.205.Definitions.
The following words and terms, when used in this subchapter, relating
to the Alternative Fuels Research and Education Division, shall have the following
meanings, unless the context clearly indicates otherwise.
(1) - (9)
(No change.)
(10)
Propane dealer--A person who:
(A)
has been issued a current Category E license from the Gas
Services Division,
License and Permit
[
(B) - (C)
(No change.)
(11)
Retail propane delivery truck--Any bobtail truck, semitrailer,
or other motor vehicle equipped with an LP-gas cargo container and each trailer,
semitrailer, or other motor vehicle used principally for transporting LP-gas
in portable containers that:
(A)
(No change.)
(B)
is currently registered with the Gas Services Division,
License and Permit
[
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed
with the Office of the Secretary of State on July 22, 2005.
TRD-200502985
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: September 4, 2005
For further information, please call: (512) 475-1295
and
] interest earned on amounts in the fund account
; and funds available from gifts and grants related to rebate and incentive
programs for eligible equipment
.
(10)
] Person--An individual, sole
proprietorship, partnership, corporation or other legal entity.
(11)
] Propane--Liquefied petroleum
gas (LPG), as that term is defined in Texas Natural Resources Code, Chapter
113.
(12)
] Propane dealer--A person
who:
LP-Gas
] Section
of the commission, or is an active company representative or operations supervisor
on file with the [
Gas Services Division, LP-Gas
] Section; and
(13)
] Safety inspection--An on-site
inspection, including any necessary pressure tests, of an operating eligible
installation by a propane dealer
,
[
or
] a propane dealer's
designated agent,
a propane equipment supplier, or a propane equipment
supplier's designated agent
for the purpose of verifying that the LP-gas
system, including all equipment, is or was installed in compliance with the
propane consumer rebate program rules and with all applicable commission LP-gas
safety rules and is in safe operating condition.
(d)
] Acceptance. Applications will
be accepted no earlier than the effective date of this rule and no later than
the date of termination of the program. An application for a rebate on domestic
equipment, such as an appliance, must be received at the Commission no later
than 30 days following the date of the eligible installation to be eligible
for a rebate. An application for a rebate on a motor vehicle, industrial lift
truck, or other industrial equipment must be received at the Commission no
later than 60 days following the date of the eligible installation to be eligible
for a rebate. Applications may be mailed or hand-delivered to the Railroad
Commission of Texas, Alternative Fuels Research and Education Division, 1701
North Congress Avenue, Room 11-170O, P.O. Box 12967, Austin, Texas 78711-2967.
Applications may not be submitted electronically or by facsimile transmission
(FAX).
(e)
] Installation date. Applications
must pertain to eligible installations made not earlier than the effective
date of this rule and not later than the program termination date.
The
installation date is the date that determines whether funds are available
and the rebate or incentive amount that is in effect.
(f)
] Completeness. Applicants must
furnish completely and correctly all information required on the official
rebate application. No application may be considered complete until all required
information is correct and all forms and required supporting documentation
are received by the division.
(g)
] Incomplete applications. Applicants
have 30 days from the date the division sends notice to correct any errors
or omissions on the application. If a complete, correct application is not
received in the division within 30 days after notice has been sent, the application
shall be void.
for
] the eligible installation [
at the time of approval
of the application
].
at the time an application is approved
].
A consumer may apply to assign a rebate to a propane dealer
or propane
equipment supplier
by completing and submitting the form prescribed
for that purpose by the commission. A propane dealer
, propane equipment
supplier,
or applicant who submits false information pertaining to the
assignment of a rebate is subject to criminal and civil penalties under §15.165
of this title (relating to Penalties).
or
] propane dealer
or propane equipment supplier
may be suspended from or declared ineligible
to participate in the rebate program if, in the judgment of the division director,
the applicant
,
[
or
] dealer
or equipment supplier
has submitted false information or otherwise violated rebate program
rules.
or
]
propane dealer
or equipment supplier
, the applicant
,
[
or
] propane dealer
or equipment supplier
may appeal the suspension
or declaration of ineligibility in writing to the commission. Actions taken
by the commission with respect to such appeals are final.
LP-Gas
] Section of the commission at the same address.
Subchapter C. MEDIA REBATE PROGRAM
LP-Gas
] Section
of the commission, or is an active company representative or operations supervisor
on file with the [
LP-Gas
] Section; and
LP-Gas
] Section of the commission.
Subchapter D. HIGHWAY SIGNAGE REBATE PROGRAM