By: Fraser, et al. S.B. No. 527
A BILL TO BE ENTITLED
AN ACT
relating to projects funded through the Texas emissions reduction
plan.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (b), Section 386.051, Health and
Safety Code, is amended to read as follows:
(b) Under the plan, the commission and the comptroller shall
provide grants or other funding for:
(1) the diesel emissions reduction incentive program
established under Subchapter C, including for infrastructure
projects established under that subchapter;
(2) the motor vehicle purchase or lease incentive
program established under Subchapter D;
(3) the air quality research support [new technology
research and development] program established under Chapter 387;
(4) the clean school bus program established under
Chapter 390; [and]
(5) the new technology implementation grant program
established under Chapter 391;
(6) the regional air monitoring program established
under Section 386.252(a)(5);
(7) a health effects study as provided by Section
386.252(a)(7);
(8) air quality planning activities as provided by
Section 386.252(a)(8); and
(9) a contract with the Energy Systems Laboratory at
the Texas Engineering Experiment Station for computation of
creditable statewide emissions reductions as provided by Section
386.252(a)(9).
SECTION 2. Subsection (a), Section 386.108, Health and
Safety Code, is amended to read as follows:
(a) The commission shall provide funding under Section
386.252(a) [386.252(a)(1)] for infrastructure projects.
SECTION 3. 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 the total
appropriation 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;
(2) [(B)] not more than 10 percent may be used for
on-road diesel purchase or lease incentives; [and]
(3) [(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;
(4) five percent shall be used for the clean fleet
program;
(5) not more than $7 million shall be allocated in 2012
and 2013 and not more than $3 million shall be allocated in 2014 and
in subsequent years to fund a regional air monitoring program in
commission Regions 3 and 4 to be implemented under the commission's
oversight, including direction regarding the type, number,
location, and operation of, and data validation practices for,
monitors funded by the program through a regional nonprofit entity
located in North Texas having representation from counties,
municipalities, higher education institutions, and private sector
interests across the area;
(6) a specified amount is to be allocated each year to
support research related to air quality as provided by Chapter 387;
(7) [(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;
(8) up to [(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;
(9) not more than $216,000 is allocated to the
commission to [(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) 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]
(10) not more than $3,400,000 [(3) two percent] is
allocated to the commission [and 1.5 percent is allocated to the
laboratory] for administrative costs incurred by the commission;
(11) 1.5 percent of the money in the fund is allocated
for administrative costs incurred by [and] the laboratory; and
(12) the balance is allocated to the commission for
the diesel emissions reduction incentive program.
SECTION 4. The heading to Chapter 387, Health and Safety
Code, is amended to read as follows:
CHAPTER 387. AIR QUALITY [NEW TECHNOLOGY] RESEARCH SUPPORT [AND
DEVELOPMENT] PROGRAM
SECTION 5. Subdivision (2), Section 387.001, Health and
Safety Code, is amended to read as follows:
(2) "Program" means the air quality research support
[new technology research and development] program established
under this chapter.
SECTION 6. Section 387.010, Health and Safety Code, is
redesignated as Section 387.002, Health and Safety Code, and is
amended to read as follows:
Sec. 387.002 [387.010]. AIR QUALITY RESEARCH SUPPORT
PROGRAM. (a) The commission shall contract with a nonprofit
organization or institution of higher education to establish and
administer a program to support research related to air quality.
(b) The board of directors of a nonprofit organization
establishing and administering the research program related to air
quality under this chapter [section] may not have more than 11
members, must include two persons with relevant scientific
expertise to be nominated by the commission, and may not include
more than four county judges selected from counties in the
Houston-Galveston-Brazoria and Dallas-Fort Worth nonattainment
areas. The two persons with relevant scientific expertise to be
nominated by the commission may be employees or officers of the
commission, provided that they do not participate in funding
decisions affecting the granting of funds by the commission to a
nonprofit organization on whose board they serve.
(c) The commission shall provide oversight as appropriate
for grants provided under the program established under this
chapter [section].
(d) A nonprofit organization or institution of higher
education shall submit to the commission for approval a budget for
the disposition of funds granted under the program established
under this chapter [section].
(e) A nonprofit organization or institution of higher
education shall be reimbursed for costs incurred in establishing
and administering the research program related to air quality under
this chapter [section]. Reimbursable administrative costs of a
nonprofit organization or institution of higher education may not
exceed 10 percent of the program budget.
(f) A nonprofit organization that receives grants from the
commission under this chapter [section] is subject to Chapters 551
and 552, Government Code.
SECTION 7. Subsection (h), Section 447.011, Government
Code, is amended to read as follows:
(h) The Texas Commission on Environmental Quality shall
obtain information on any fuel-saving technology that appears to
reduce particulate matter, oxides of nitrogen, carbon monoxide, or
hydrocarbon emissions. [The Texas Commission on Environmental
Quality may use this information to fund the United States
Environmental Protection Agency verification of a technology in
accordance with Section 387.003, Health and Safety Code.]
SECTION 8. Sections 387.003, 387.004, 387.005, 387.006, and
387.007, Health and Safety Code, are repealed.
SECTION 9. A grant issued under Chapter 387, Health and
Safety Code, before the effective date of this Act is governed by
Chapter 387, Health and Safety Code, as it existed immediately
before the effective date of this Act, and that law is continued in
effect for that purpose.
SECTION 10. To the extent of any conflict, this Act prevails
over another Act of the 82nd Legislature, Regular Session, 2011,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 11. This Act takes effect September 1, 2011.