2011S0151-2 02/02/11 By: Fraser, et al. S.B. No. 527 A BILL TO BE ENTITLED AN ACT relating to air monitors in Texas Commission on Environmental Quality Regions 3 and 4 to be funded through the Texas emissions reduction plan. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subsection (a), Section 386.252, Health and Safety Code, as amended by Chapters 1125 (H.B. 1796) and 1232 (S.B. 1759), Acts of the 81st Legislature, Regular Session, 2009, is reenacted and amended to read as follows: (a) Money in the fund may be used only to implement and administer programs established under the plan and shall be allocated as follows: (1) for the diesel emissions reduction incentive program, 87.5 percent of the money in the fund, of which: (A) not more than four percent may be used for the clean school bus program; (B) not more than 10 percent may be used for on-road diesel purchase or lease incentives; [and] (C) a specified amount may be used for the new technology implementation grant program, from which a defined amount may be set aside for electricity storage projects related to renewable energy; and (D) five percent shall be used for the clean fleet program; (2) for the new technology research and development program, nine percent of the money in the fund, of which: (A) up to $200,000 is allocated for a health effects study; (B) $500,000 is to be deposited in the state treasury to the credit of the clean air account created under Section 382.0622 to supplement funding for air quality planning activities in affected counties; (C) not less than 20 percent is to be allocated each year to support research related to air quality as provided by Section 387.010; [and] (D) not less than $3 million or more than $7 million in 2012 and 2013 and not less than $1 million or more than $3 million in subsequent years is allocated to fund the implementation and oversight of a regional air monitoring program in commission Regions 3 and 4 implemented through a regional nonprofit entity located in North Texas having representation from counties, municipalities, higher education institutions, and private sector interests across the area; and (E) the balance is allocated each year to the commission to be used to: (i) implement and administer the new technology research and development program for the purpose of identifying, testing, and evaluating new emissions-reducing technologies with potential for commercialization in this state and to facilitate their certification or verification; and (ii) contract with the Energy Systems Laboratory at the Texas Engineering Experiment Station for $216,000 annually for the development and annual computation of creditable statewide emissions reductions obtained through wind and other renewable energy resources for the state implementation plan; and (3) two percent is allocated to the commission and 1.5 percent is allocated to the laboratory for administrative costs incurred by the commission and the laboratory. SECTION 2. This Act takes effect September 1, 2011.