Texas 2011 - 82nd Regular

Texas Senate Bill SB527 Compare Versions

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1	1	By: Fraser, et al. S.B. No. 527
2	2	(Geren, Nash, Parker)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to projects funded through the Texas emissions reduction
8	8	plan.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subsection (b), Section 386.051, Health and
11	11	Safety Code, is amended to read as follows:
12	12	(b) Under the plan, the commission and the comptroller shall
13	13	provide grants or other funding for:
14	14	(1) the diesel emissions reduction incentive program
15	15	established under Subchapter C, including for infrastructure
16	16	projects established under that subchapter;
17	17	(2) the motor vehicle purchase or lease incentive
18	18	program established under Subchapter D;
19	19	(3) the air quality research support [new technology
20	20	research and development] program established under Chapter 387;
21	21	(4) the clean school bus program established under
22	22	Chapter 390; [and]
23	23	(5) the new technology implementation grant program
24	24	established under Chapter 391;
25	25	(6) the regional air monitoring program established
26	26	under Section 386.252(a)(5);
27	27	(7) a health effects study as provided by Section
28	28	386.252(a)(7);
29	29	(8) air quality planning activities as provided by
30	30	Section 386.252(a)(8); and
31	31	(9) a contract with the Energy Systems Laboratory at
32	32	the Texas Engineering Experiment Station for computation of
33	33	creditable statewide emissions reductions as provided by Section
34	34	386.252(a)(9).
35	35	SECTION 2. Subsection (a), Section 386.108, Health and
36	36	Safety Code, is amended to read as follows:
37	37	(a) The commission shall provide funding under Section
38	38	386.252(a) [386.252(a)(1)] for infrastructure projects.
39	39	SECTION 3. Subsection (a), Section 386.252, Health and
40	40	Safety Code, as amended by Chapters 1125 (H.B. 1796) and 1232 (S.B.
41	41	1759), Acts of the 81st Legislature, Regular Session, 2009, is
42	42	reenacted and amended to read as follows:
43	43	(a) Money in the fund may be used only to implement and
44	44	administer programs established under the plan and the total
45	45	appropriation shall be allocated as follows:
46	46	(1) [for the diesel emissions reduction incentive
47	47	program, 87.5 percent of the money in the fund, of which:
48	48	[(A)] not more than four percent may be used for
49	49	the clean school bus program;
50	50	(2) [(B)] not more than 10 percent may be used for
51	51	on-road diesel purchase or lease incentives; [and]
52	52	(3) [(C)] a specified amount may be used for the new
53	53	technology implementation grant program, from which a defined
54	54	amount may be set aside for electricity storage projects related to
55	55	renewable energy;
56	56	(4) five percent shall be used for the clean fleet
57	57	program;
58	58	(5) not more than $7 million shall be allocated in 2012
59	59	and 2013 and not more than $3 million shall be allocated in 2014 and
60	60	in subsequent years to fund a regional air monitoring program in
61	61	commission Regions 3 and 4 to be implemented under the commission's
62	62	oversight, including direction regarding the type, number,
63	63	location, and operation of, and data validation practices for,
64	64	monitors funded by the program through a regional nonprofit entity
65	65	located in North Texas having representation from counties,
66	66	municipalities, higher education institutions, and private sector
67	67	interests across the area;
68	68	(6) a specified amount is to be allocated each year to
69	69	support research related to air quality as provided by Chapter 387;
70	70	(7) [(2) for the new technology research and
71	71	development program, nine percent of the money in the fund, of
72	72	which:
73	73	[(A)] up to $200,000 is allocated for a health
74	74	effects study;
75	75	(8) up to [(B)] $500,000 is to be deposited in the
76	76	state treasury to the credit of the clean air account created under
77	77	Section 382.0622 to supplement funding for air quality planning
78	78	activities in affected counties;
79	79	(9) not more than $216,000 is allocated to the
80	80	commission to [(C) not less than 20 percent is to be allocated each
81	81	year to support research related to air quality as provided by
82	82	Section 387.010; and
83	83	[(D) the balance is allocated each year to the
84	84	commission to be used to:
85	85	[(i) implement and administer the new
86	86	technology research and development program for the purpose of
87	87	identifying, testing, and evaluating new emissions-reducing
88	88	technologies with potential for commercialization in this state and
89	89	to facilitate their certification or verification; and
90	90	[(ii)] contract with the Energy Systems
91	91	Laboratory at the Texas Engineering Experiment Station [for
92	92	$216,000] annually for the development and annual computation of
93	93	creditable statewide emissions reductions obtained through wind
94	94	and other renewable energy resources for the state implementation
95	95	plan; [and]
96	96	(10) not more than $3,400,000 [(3) two percent] is
97	97	allocated to the commission [and 1.5 percent is allocated to the
98	98	laboratory] for administrative costs incurred by the commission;
99	99	(11) 1.5 percent of the money in the fund is allocated
100	100	for administrative costs incurred by [and] the laboratory; and
101	101	(12) the balance is allocated to the commission for
102	102	the diesel emissions reduction incentive program.
103	103	SECTION 4. The heading to Chapter 387, Health and Safety
104	104	Code, is amended to read as follows:
105	105	CHAPTER 387. AIR QUALITY [NEW TECHNOLOGY] RESEARCH SUPPORT [AND
106	106	DEVELOPMENT] PROGRAM
107	107	SECTION 5. Subdivision (2), Section 387.001, Health and
108	108	Safety Code, is amended to read as follows:
109	109	(2) "Program" means the air quality research support
110	110	[new technology research and development] program established
111	111	under this chapter.
112	112	SECTION 6. Section 387.010, Health and Safety Code, is
113	113	redesignated as Section 387.002, Health and Safety Code, and is
114	114	amended to read as follows:
115	115	Sec. 387.002 [387.010]. AIR QUALITY RESEARCH SUPPORT
116	116	PROGRAM. (a) The commission shall contract with a nonprofit
117	117	organization or institution of higher education to establish and
118	118	administer a program to support research related to air quality.
119	119	(b) The board of directors of a nonprofit organization
120	120	establishing and administering the research program related to air
121	121	quality under this chapter [section] may not have more than 11
122	122	members, must include two persons with relevant scientific
123	123	expertise to be nominated by the commission, and may not include
124	124	more than four county judges selected from counties in the
125	125	Houston-Galveston-Brazoria and Dallas-Fort Worth nonattainment
126	126	areas. The two persons with relevant scientific expertise to be
127	127	nominated by the commission may be employees or officers of the
128	128	commission, provided that they do not participate in funding
129	129	decisions affecting the granting of funds by the commission to a
130	130	nonprofit organization on whose board they serve.
131	131	(c) The commission shall provide oversight as appropriate
132	132	for grants provided under the program established under this
133	133	chapter [section].
134	134	(d) A nonprofit organization or institution of higher
135	135	education shall submit to the commission for approval a budget for
136	136	the disposition of funds granted under the program established
137	137	under this chapter [section].
138	138	(e) A nonprofit organization or institution of higher
139	139	education shall be reimbursed for costs incurred in establishing
140	140	and administering the research program related to air quality under
141	141	this chapter [section]. Reimbursable administrative costs of a
142	142	nonprofit organization or institution of higher education may not
143	143	exceed 10 percent of the program budget.
144	144	(f) A nonprofit organization that receives grants from the
145	145	commission under this chapter [section] is subject to Chapters 551
146	146	and 552, Government Code.
147	147	SECTION 7. Subsection (h), Section 447.011, Government
148	148	Code, is amended to read as follows:
149	149	(h) The Texas Commission on Environmental Quality shall
150	150	obtain information on any fuel-saving technology that appears to
151	151	reduce particulate matter, oxides of nitrogen, carbon monoxide, or
152	152	hydrocarbon emissions. [The Texas Commission on Environmental
153	153	Quality may use this information to fund the United States
154	154	Environmental Protection Agency verification of a technology in
155	155	accordance with Section 387.003, Health and Safety Code.]
156	156	SECTION 8. Sections 387.003, 387.004, 387.005, 387.006, and
157	157	387.007, Health and Safety Code, are repealed.
158	158	SECTION 9. A grant issued under Chapter 387, Health and
159	159	Safety Code, before the effective date of this Act is governed by
160	160	Chapter 387, Health and Safety Code, as it existed immediately
161	161	before the effective date of this Act, and that law is continued in
162	162	effect for that purpose.
163	163	SECTION 10. To the extent of any conflict, this Act prevails
164	164	over another Act of the 82nd Legislature, Regular Session, 2011,
165	165	relating to nonsubstantive additions to and corrections in enacted
166	166	codes.
167	167	SECTION 11. This Act takes effect September 1, 2011.