83R17266 JXC-F
By: Smith H.B. No. 2499
Substitute the following for H.B. No. 2499:
By: Lewis C.S.H.B. No. 2499
A BILL TO BE ENTITLED
AN ACT
relating to the use of Texas Emissions Reduction Plan funds for a
drayage truck incentive program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 386.051(b), 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;
(1-a) the drayage truck incentive program established
under Subchapter C-1;
(2) the motor vehicle purchase or lease incentive
program established under Subchapter D;
(3) the air quality research support program
established under Chapter 387;
(4) the clean school bus program established under
Chapter 390;
(5) the new technology implementation grant program
established under Chapter 391;
(6) the regional air monitoring program established
under Section 386.252(a) [386.252(a)(5)];
(7) a health effects study as provided by Section
386.252(a) [386.252(a)(7)];
(8) air quality planning activities as provided by
Section 386.252(a) [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);
(10) the clean fleet program established under Chapter
392;
(11) the alternative fueling facilities program; and
(12) the natural gas vehicle grants program and clean
transportation triangle program [386.252(a)(9)].
SECTION 2. Chapter 386, Health and Safety Code, is amended
by adding Subchapter C-1 to read as follows:
SUBCHAPTER C-1. DRAYAGE TRUCK INCENTIVE PROGRAM
Sec. 386.131. DEFINITIONS. In this subchapter:
(1) "Drayage activity" includes the use of a drayage
truck in an urban area for:
(A) the transport of goods within a seaport that
is located in the urban area;
(B) the pickup and delivery of goods to the
seaport from a separate location in the urban area;
(C) the pickup and delivery of goods from the
seaport to a separate location in the urban area; and
(D) any trips required to return the drayage
truck to its normal base within the urban area.
(2) "Drayage truck" means a heavy-duty on-road vehicle
or non-road terminal tractor that is used for drayage activities.
Sec. 386.132. COMMISSION DUTIES. (a) The commission shall
develop a purchase incentive program to encourage owners to replace
drayage trucks with newer drayage trucks and shall adopt rules
necessary to implement the program.
(b) Under the program, the commission may:
(1) implement a replacement program to reduce
emissions from the operation of drayage trucks used primarily for
drayage activities at seaports in nonattainment areas of this
state;
(2) require that a vehicle or equipment item acquired
under the program be a vehicle or equipment item best suited for
drayage activities, such as a daycab truck or vehicle or an
equipment item specifically designed for use as a terminal tractor;
and
(3) establish the minimum percentage of a year during
which the vehicle or equipment item must be operated within a
specified distance from the port facility, in order to promote
emissions reductions to be achieved primarily in the immediate
vicinity of the port facility.
(c) To the extent applicable, the commission may use rules,
guidelines, criteria, and requirements adopted to implement
programs under Subchapter C to implement the program established
under this subchapter.
(d) The commission may establish a maximum
cost-effectiveness amount greater than the amount established
under Sections 386.106 and 386.107.
(e) The commission shall include in the biennial plan report
required by Section 386.057(b) information on the drayage truck
incentive program.
SECTION 3. Section 386.252(a), Health and Safety Code, as
amended by Chapters 28 (S.B. 527), 589 (S.B. 20), and 892 (S.B.
385), Acts of the 82nd Legislature, Regular Session, 2011, 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. Money appropriated
from the fund to the commission to be used for the programs
described by Section 386.051(b) [and the total appropriation] shall
be allocated as follows:
(1) not more than four percent may be used for the
clean school bus program under Chapter 390;
(2) not more than 10 percent may be used for on-road
diesel purchase or lease incentives under Section 386.112;
(3) a specified amount may be used for the new
technology implementation grant program under Chapter 391, from
which a defined amount may be set aside for electricity storage
projects related to renewable energy;
(4) five percent may [shall] be used only for the clean
fleet program under Chapter 392;
(5) [not more than $7 million shall be allocated in
2012 and 2013 and] not more than $3 million may [shall] be used by
the commission [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) 16 percent may be used only for the Texas natural
gas vehicle grant program;
(7) not more than four percent may be used to provide
grants for natural gas fueling stations under the clean
transportation triangle program;
(8) not more than two percent may be used for the Texas
alternative fueling facilities program;
(9) a specified amount may be used [is to be allocated]
each year to support research related to air quality as provided by
Chapter 387;
(10) not more than [(7) up to] $200,000 may be used
[is allocated] for a health effects study;
(11) not more than [(8) up to] $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;
(12) [(9)] not more than $216,000 may be used by [is
allocated to] the commission to contract with the Energy Systems
Laboratory at the Texas Engineering Experiment Station 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;
(13) not more than $5,000,000 may be used for the
drayage truck incentive program under Subchapter C-1; and
(14) [(10) not more than $3,400,000 is allocated to
the commission for administrative costs incurred by the commission;
[(11) 1.5 percent of the money in the fund is allocated
for administrative costs incurred by the laboratory; and
[(12)] the balance may be used by [is allocated to] the
commission only for the diesel emissions reduction incentive
program under Subchapter C.
SECTION 4. Section 386.252, Health and Safety Code, is
amended by adding Subsections (h) and (i) to read as follows:
(h) Not more than 1.5 percent of the money in the fund may be
used for administrative costs incurred by the laboratory for work
required under this chapter.
(i) Unless a specified amount is appropriated for
administrative costs, of the total appropriation to the commission
from the fund, not more than the greater of two percent or
$3,400,000 may be used by the commission for administrative costs.
SECTION 5. To the extent of any conflict, this Act prevails
over another Act of the 83rd Legislature, Regular Session, 2013,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 6. This Act takes effect September 1, 2013.