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Your Action Requested re: $2500 TX EV Grant (December 11, 2017)

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bollar

Disgruntled Member
May 1, 2013
2,667
882
Southlake, TX
There is a public hearing on 12/11 at 2pm in Austin on a $2500 EV grant that is set to exclude Tesla vehicles. If you are going to be in Austin, feel free to attend and let them know what you think. However, you can also submit written comments via the form below.

Details for Hearing:

What: Public hearing at Texas Commission on Environmental Quality on a proposal to exclude Tesla from the EV rebate program

• When: December 11, 2017, at 2:00 p.m.

• Where: 12100 Park 35 Circle Building E, Room 201S , Austin, TX

Submit written comments at: eComments Form for Proposed Rulemakings - Texas Commission on Environmental Quality - www.tceq.texas.gov

(Select the last item in the drop-down menu, SB 1731: Light-Duty Motor Vehicle Purchase or Lease Incentive Program")

Key points:

• The current proposed rules target Tesla buyers by explicitly prohibiting a customer who purchased their vehicle from an out –of-state manufacturer from qualifying for the rebate. There is no justification for this proposal.

• These rebates were created by the Legislature to address air quality in Texas and encourage vehicle emission reductions, not promote one arm of the industry over another.

• Tesla buyers in Texas pay the Texas sales tax at time of vehicle registration, and should be eligible for the same rebate.

• This is a matter of basic fairness: any Texas EV owner who pays TX sales tax should be included in this program.

Just takes a moment to submit. Thanks!
 
Thanks, Bollar

A little bit of clarification...

The new rules that were proposed for this rebate would have allowed for sales to take place out of state as long as the first registration of the car was in Texas. At the last TCEQ meeting (11/15) the Commissioner decided to amend the rules back to the language of the prior rebate, restricting eligible sales to Texas dealers only.

This restriction to Texas dealers is not mandated by the 2017 legislation.
 
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I added a blurb in front of Bollar's comment and sent it.

"Please be FAIR when reaching a decision regarding EV rebates.
Specifically excluding EV Rebates for one manufacturer's product line because of the course of auto sales outlets ONLY being through local DEALERS is contrary to the intent of the LAW.

Equal access to EV Rebates for all people who purchase EVs--we all breathe the same air.
The more EVs (hence less burned gasoline), the cleaner AIR for everyone."
 
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Hello All...
I recently joined this forum and plan to buy a Model 3 in the next year. I submitted online comments for this hearing:

"It's my understanding that Tesla cars are to be EXCLUDED from the EV rebate program.

PLEASE help your fellow Texans and INCLUDE Tesla in this rebate program! This is a new day and we must all work to modify old rules and ways to help everyone get away from fossil fuel vehicles.

Thank you for your consideration."
 
Posted this:

I am a new Texas resident who is honored and proud to now live in this great state. However, I am quite surprised and disappointed at the grip your dealer lobby has on state legislation. VERY un-Texas!

I respectfully request that the EV rebate program include Tesla vehicles. As I understand it, the motive behind the legislation was to help provide clean air. Allowing dealers and their lobby to politicize this bill for their own purposes goes directly against the purpose of the bill.

Please allow ALL electric vehicles to equally benefit from the rebate and thus fulfill the intent and purpose.

Thank and you best wishes.
 
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It has come to my attention that you will be holding a hearing on Monday, December 11, 2017 regarding incentives for electric and other combine fuel vehicles. I understand that that there has been language inserted into the bill that limits the eligibility of the incentive to vehicles purchased through dealer networks. I would like to take a moment to share my views on this.


Personally, I believe that an incentive is a valuable tool in promoting desired behaviors. Respected economists such as Paul Romer, Russ Roberts, and Dwight Lee agree. I also believe that moving to less polluting forms of transportation is a behavior worth promoting. Limiting this incentive in any way is a detriment to the overall goal of reducing the pollution in our atmosphere. Any language that locks out any manufacturer of less polluting vehicles should be left out of, or taken out of any bill under question.


As an American I believe that any USA based manufacturer providing a quality product and employing fellow Americans should have their products considered as eligible. As a Texan I take umbrage that anyone, but most especially a fellow Texan, would selectively limit another Texan’s choice in less polluting vehicles. Language limiting this choice isn’t worthy of being printed on the belly of a snake.


Respectfully
 
So what part of the current proposed rules prevent Teslas from qualifying? The only thing I read from there was that there will be a list of approved vehicles. So we should mainly be requesting to include Teslas in that list? I did not read any language about only buying via a Texas Dealer. There is however, some language about allowing purchase out of state.
 
not sure, I cannot find public meeting minutes yet. From
http://www.tceq.texas.gov/assets/public/legal/rules/rule_lib/proposals/17030114_pex.pdf I do see this:

"Potential controversial concerns and legislative interest:
Staff expects interest regarding the provisions that the eligible vehicles may include vehicles purchased outside of Texas, but the first title to the vehicle must be issued in Texas. Staff is aware that some light-duty electric vehicles are sold directly by the manufacturer rather than a dealer in Texas, and stakeholders have differing views regarding the eligibility of these vehicles. "

The only other mention of 'dealer' that I see is in the Effect on the B.) Public section.

I should have actually read this before making comment.

One other interesting thing I see is that incentives for a lease are to be pro rated over three years.
 
I received an email from Tesla today to comment on this case. Was it not covered at the Dec 11 hearing?

Hi William,

At Tesla, we’re accelerating the future of sustainable energy with groundbreaking electric cars and energy products.
As you may know, Texas offers a rebate on the purchase of electric vehicles, however the proposed rules for the program specifically exclude Tesla owners.
We believe any electric vehicle owner who pays Texas sales tax should be eligible to receive a rebate.
If you agree, please consider submitting comments directly to the Commissioners here, selecting “Light-Duty Motor Vehicle Purchase or Lease Incentive Program".

Thank you for your support.

Best Regards,
Karen Steakley, Tesla Policy Team
 
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I called Steve Dayton at the Implementation Grants Section and asked about hearing minutes. He said that there were no releasable minutes but that they are still collecting comments. They will collect comments through tomorrow, December 22. If you are thinking about, have thought about, or are actually writing comments then you need to use the e-form referenced above by bollar. The way I understand the process to work, they will summarize and prepare a draft final response that will go to the commissioners for rule-making. At any time commissioners (I do not know who they are - sorry) will be able to make their own modifications to the draft before final approval. This is scheduled to hit their agenda April 4. He did mention that most of the comments received had been regarding manufacturers that don't have dealer representation in Texas. I am not sure if those were for or against - I did not ask. Apologies, I am new at getting involved and kinda got blinded by headlights.

If one is so inclined to call and get additional information I believe Steve will be in the office through at least part of tomorrow. Contact numbers may be found at Public Hearings for Proposed Rules - TCEQ - www.tceq.texas.gov.
 
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Thanks for the update on this. I had lost track of where this was in the process.

I just sent in the comments below.

“””
I am writing to add comments regarding the tax rebate incentive for plug-in vehicles.

I have followed this matter closely and previously leased a 2011 Nissan LEAF before the tax rebate program was created.

I do find it disturbing that the wording of the previous program excluded the leading seller of plug-in vehicles Tesla (an American manufacturer no less). Tesla offers the most compelling vehicles and is considered the technology leader in the category. Only Tesla battery electric vehicles have the battery capacity and infrastructure to routinely travel long distance. For Texans this means getting city to city in the Texas Triangle.

If Texas is serious about support the growth of these vehicles to improve city air quality, excluding Tesla is a mistake. Including Tesla vehciles in the rebate would also drive added sales tax revenue.

Now regarding how the program was run last time. When my lease ended on my 2011 Nissan LEAF, I was very interested in purchasing a BMW i3. After a satisfactory test drive of the vehicle, I work through the numbers with the salesman. The salesman was unaware of the $2500 rebate, and unwilling to learn the details of the rebate to ensure it would be filed properly. The experience left me so disappointed, I decided against the vehicle and ended up not buying a plug-in.

I would recommend the future program not require any assistance from a dealer to avoid discouraging experiences like mine. A copy of the Texas vehicle registration and proof of Texas sales tax paid should be sufficient for the buyer to file for the rebate on their own.

We appreciate your efforts to keep our air clean.

Thanks for you time in reading my comments, and I hope they are useful.
“””
 
Any further info on this?
The draft April 4, 2018 TCEQ agenda is here:
https://www.tceq.texas.gov/assets/public/comm_exec/agendas/comm/current/2018/180404.pdf
Page 9, Item 34. Click the link to Docket No. 2017-0866-RUL.
Synopsis:
"However, the commission has determined that there is nothing in the legislative record to indicate that the legislature intended for the term "Sell in this state" under THSC, §386.155, to mean anything other than the plain language meaning of the term....Although, there are manufacturers located outside of Texas, such as Tesla, that use a direct sales approach and that may solicit purchasers from Texas, the sales transaction occurs outside of Texas. Similarly, a person that resides in Texas may purchase a vehicle from a dealer located in another state and bring that vehicle back into the state. In that case, the sales transaction also occurs in the other state. Therefore, neither of these vehicles are eligible for a rebate under the LDPLIP. Additionally, the statutory provisions say nothing about vehicles purchased outside of Texas being eligible as long as the owner pays Texas sales tax." (page 38)
 
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