Texas 2011 - 82nd Regular

Texas House Bill HB1145 Compare Versions

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1	1	82R16574 JAM-D
2	2	By: Geren, Nash, Parker H.B. No. 1145
3	3	Substitute the following for H.B. No. 1145:
4	4	By: Reynolds C.S.H.B. No. 1145
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to projects funded through the Texas emissions reduction
10	10	plan.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 386.051(b), Health and Safety Code, is
13	13	amended to read as follows:
14	14	(b) Under the plan, the commission and the comptroller shall
15	15	provide grants or other funding for:
16	16	(1) the diesel emissions reduction incentive program
17	17	established under Subchapter C, including for infrastructure
18	18	projects established under that subchapter;
19	19	(2) the motor vehicle purchase or lease incentive
20	20	program established under Subchapter D;
21	21	(3) the air quality research support [new technology
22	22	research and development] program established under Chapter 387;
23	23	(4) the clean school bus program established under
24	24	Chapter 390; [and]
25	25	(5) the new technology implementation grant program
26	26	established under Chapter 391;
27	27	(6) the regional air monitoring program established
28	28	under Section 386.252(a)(5);
29	29	(7) a health effects study as provided by Section
30	30	386.252(a)(7);
31	31	(8) air quality planning activities as provided by
32	32	Section 386.252(a)(8); and
33	33	(9) a contract with the Energy Systems Laboratory at
34	34	the Texas Engineering Experiment Station for computation of
35	35	creditable statewide emissions reductions as provided by Section
36	36	386.252(a)(9).
37	37	SECTION 2. Section 386.108(a), Health and Safety Code, is
38	38	amended to read as follows:
39	39	(a) The commission shall provide funding under Section
40	40	386.252(a) [386.252(a)(1)] for infrastructure projects.
41	41	SECTION 3. Section 386.252(a), Health and Safety Code, as
42	42	amended by Chapters 1125 (H.B. 1796) and 1232 (S.B. 1759), Acts of
43	43	the 81st Legislature, Regular Session, 2009, is reenacted and
44	44	amended to read as follows:
45	45	(a) Money in the fund may be used only to implement and
46	46	administer programs established under the plan, and the total
47	47	appropriation shall be allocated as follows:
48	48	(1) [for the diesel emissions reduction incentive
49	49	program, 87.5 percent of the money in the fund, of which:
50	50	[(A)] not more than four percent may be used for
51	51	the clean school bus program;
52	52	(2) [(B)] not more than 10 percent may be used for
53	53	on-road diesel purchase or lease incentives; [and]
54	54	(3) [(C)] a specified amount may be used for the new
55	55	technology implementation grant program, from which a defined
56	56	amount may be set aside for electricity storage projects related to
57	57	renewable energy;
58	58	(4) five percent shall be used for the clean fleet
59	59	program;
60	60	(5) not more than $7 million shall be allocated in 2012
61	61	and 2013 and not more than $3 million shall be allocated in 2014 and
62	62	in subsequent years to fund a regional air monitoring program in
63	63	commission Regions 3 and 4 to be implemented under the commission's
64	64	oversight, including direction regarding the type, number,
65	65	location, and operation of, and data validation practices for,
66	66	monitors funded by the program through a regional nonprofit entity
67	67	located in North Texas having representation from counties,
68	68	municipalities, higher education institutions, and private sector
69	69	interests across the area;
70	70	(6) a specified amount is to be allocated each year to
71	71	support research related to air quality as provided by Chapter 387;
72	72	(7) [(2) for the new technology research and
73	73	development program, nine percent of the money in the fund, of
74	74	which:
75	75	[(A)] up to $200,000 is allocated for a health
76	76	effects study;
77	77	(8) up to [(B)] $500,000 is to be deposited in the
78	78	state treasury to the credit of the clean air account created under
79	79	Section 382.0622 to supplement funding for air quality planning
80	80	activities in affected counties;
81	81	(9) not more than $216,000 is allocated to the
82	82	commission to [(C) not less than 20 percent is to be allocated each
83	83	year to support research related to air quality as provided by
84	84	Section 387.010; and
85	85	[(D) the balance is allocated each year to the
86	86	commission to be used to:
87	87	[(i) implement and administer the new
88	88	technology research and development program for the purpose of
89	89	identifying, testing, and evaluating new emissions-reducing
90	90	technologies with potential for commercialization in this state and
91	91	to facilitate their certification or verification; and
92	92	[(ii)] contract with the Energy Systems
93	93	Laboratory at the Texas Engineering Experiment Station [for
94	94	$216,000 annually] for the development and annual computation of
95	95	creditable statewide emissions reductions obtained through wind
96	96	and other renewable energy resources for the state implementation
97	97	plan; [and]
98	98	(10) not more than $3.4 million [(3) two percent] is
99	99	allocated to the commission [and 1.5 percent is allocated to the
100	100	laboratory] for administrative costs incurred by the commission;
101	101	(11) 1.5 percent of the money in the fund is allocated
102	102	for administrative costs incurred by [and] the laboratory; and
103	103	(12) the balance is allocated to the commission for
104	104	the diesel emissions reduction incentive program.
105	105	SECTION 4. The heading to Chapter 387, Health and Safety
106	106	Code, is amended to read as follows:
107	107	CHAPTER 387. AIR QUALITY [NEW TECHNOLOGY] RESEARCH SUPPORT [AND
108	108	DEVELOPMENT] PROGRAM
109	109	SECTION 5. Section 387.001(2), Health and Safety Code, is
110	110	amended to read as follows:
111	111	(2) "Program" means the air quality research support
112	112	[new technology research and development] program established
113	113	under this chapter.
114	114	SECTION 6. Section 387.010, Health and Safety Code, is
115	115	redesignated as Section 387.002, Health and Safety Code, and
116	116	amended to read as follows:
117	117	Sec. 387.002 [387.010]. AIR QUALITY RESEARCH SUPPORT
118	118	PROGRAM. (a) The commission shall contract with a nonprofit
119	119	organization or institution of higher education to establish and
120	120	administer a program to support research related to air quality.
121	121	(b) The board of directors of a nonprofit organization
122	122	establishing and administering the research program related to air
123	123	quality under this chapter [section] may not have more than 11
124	124	members, must include two persons with relevant scientific
125	125	expertise to be nominated by the commission, and may not include
126	126	more than four county judges selected from counties in the
127	127	Houston-Galveston-Brazoria and Dallas-Fort Worth nonattainment
128	128	areas. The two persons with relevant scientific expertise to be
129	129	nominated by the commission may be employees or officers of the
130	130	commission, provided that they do not participate in funding
131	131	decisions affecting the granting of funds by the commission to a
132	132	nonprofit organization on whose board they serve.
133	133	(c) The commission shall provide oversight as appropriate
134	134	for grants provided under the program established under this
135	135	chapter [section].
136	136	(d) A nonprofit organization or institution of higher
137	137	education shall submit to the commission for approval a budget for
138	138	the disposition of funds granted under the program established
139	139	under this chapter [section].
140	140	(e) A nonprofit organization or institution of higher
141	141	education shall be reimbursed for costs incurred in establishing
142	142	and administering the research program related to air quality under
143	143	this chapter [section]. Reimbursable administrative costs of a
144	144	nonprofit organization or institution of higher education may not
145	145	exceed 10 percent of the program budget.
146	146	(f) A nonprofit organization that receives grants from the
147	147	commission under this chapter [section] is subject to Chapters 551
148	148	and 552, Government Code.
149	149	SECTION 7. Section 447.011(h), Government Code, is amended
150	150	to read as follows:
151	151	(h) The Texas Commission on Environmental Quality shall
152	152	obtain information on any fuel-saving technology that appears to
153	153	reduce particulate matter, oxides of nitrogen, carbon monoxide, or
154	154	hydrocarbon emissions. [The Texas Commission on Environmental
155	155	Quality may use this information to fund the United States
156	156	Environmental Protection Agency verification of a technology in
157	157	accordance with Section 387.003, Health and Safety Code.]
158	158	SECTION 8. Sections 387.003, 387.004, 387.005, 387.006, and
159	159	387.007, Health and Safety Code, are repealed.
160	160	SECTION 9. A grant issued under Chapter 387, Health and
161	161	Safety Code, before the effective date of this Act is governed by
162	162	Chapter 387, Health and Safety Code, as it existed immediately
163	163	before the effective date of this Act, and that law is continued in
164	164	effect for that purpose.
165	165	SECTION 10. To the extent of any conflict, this Act prevails
166	166	over another Act of the 82nd Legislature, Regular Session, 2011,
167	167	relating to nonsubstantive additions to and corrections in enacted
168	168	codes.
169	169	SECTION 11. This Act takes effect September 1, 2011.