By: Lozano H.B. No. 1746
A BILL TO BE ENTITLED
AN ACT
relating to sources of funding and administration of the Texas
emissions reduction plan.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 151.0515(d), Tax Code, is amended to
read as follows:
(d) This section expires on the last day of the state fiscal
biennium during which the Texas Commission on Environmental Quality
publishes in the Texas Register the notice required by Section
382.037, Health and Safety Code [August 31, 2019].
SECTION 2. Section 152.0215(c), Tax Code, is amended to
read as follows:
(c) This section expires on the last day of the state fiscal
biennium during which the Texas Commission on Environmental Quality
publishes in the Texas Register the notice required by Section
382.037, Health and Safety Code [August 31, 2019].
SECTION 3. Section 501.138(b-3), Transportation Code, is
amended to read as follows:
(b-3) This subsection and Subsection (b-2) expire on the
last day of the state fiscal biennium during which the Texas
Commission on Environmental Quality publishes in the Texas Register
the notice required by Section 382.037, Health and Safety Code
[August 31, 2019].
SECTION 4. Section 502.358(c), Transportation Code, is
amended to read as follows:
(c) This section expires on the last day of the state fiscal
biennium during which the Texas Commission on Environmental Quality
publishes in the Texas Register the notice required by Section
382.037, Health and Safety Code [August 31, 2019].
SECTION 5. The heading to Section 548.5055, Transportation
Code, is amended to read as follows:
Sec. 548.5055. TEXAS EMISSIONS [EMISSION] REDUCTION PLAN
FEE.
SECTION 6. Sections 548.5055(b) and (c), Transportation
Code, are amended to read as follows:
(b) The department shall remit fees collected under this
section to the comptroller at the time and in the manner prescribed
by the comptroller for deposit in the Texas emissions [emission]
reduction plan fund.
(c) This section expires on the last day of the state fiscal
biennium during which the conservation commission publishes in the
Texas Register the notice required by Section 382.037, Health and
Safety Code [August 31, 2019].
SECTION 7. Section 386.252, Health and Safety Code, is
amended to read as follows:
Sec. 386.252. USE OF FUND. (a) Money in the fund may be
used only to implement and administer programs established under
the plan. Subject to the reallocation of funds by the commission
under Subsection (h), money appropriated to the commission to be
used for the programs under Section 386.051(b) shall initially be
allocated as follows:
(1) four percent may be used for the clean school bus
program under Chapter 390;
(2) three percent may be used for the new technology
implementation grant program under Chapter 391, from which at least
$1 million will be set aside for electricity storage projects
related to renewable energy;
(3) five percent may be used for the clean fleet
program under Chapter 392;
(4) not more than $3 million may be used by the
commission 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;
(5) 10 percent may be used for the Texas natural gas
vehicle grant program under Chapter 394;
(6) not more than $6 million may be used for the Texas
alternative fueling facilities program under Chapter 393, of which
a specified amount may be used for fueling stations to provide
natural gas fuel, except that money may not be allocated for the
Texas alternative fueling facilities program for the state fiscal
year ending August 31, 2019;
(7) not more than $750,000 may be used each year to
support research related to air quality as provided by Chapter 387;
(8) not more than $200,000 may be used for a health
effects study;
(9) at least $6 million but not more than $8 million is
allocated to the commission for administrative costs, including all
direct and indirect costs for administering the plan, costs for
conducting outreach and education activities, and costs
attributable to the review or approval of applications for
marketable emissions reduction credits;
(10) six percent may be used by the commission for the
seaport and rail yard areas emissions reduction program established
under Subchapter D-1;
(11) five percent may be used for the light-duty motor
vehicle purchase or lease incentive program established under
Subchapter D;
(12) not more than $216,000 is allocated to the
commission to contract with the Energy Systems Laboratory at the
Texas A&M 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 $500,000 may be used for studies of
or pilot programs for incentives for port authorities located in
nonattainment areas or affected counties to encourage cargo
movement that reduces emissions of nitrogen oxides and particulate
matter; [and]
(14) in addition to the amount allocated under
Subdivision (9), not more than $1 million may be authorized by the
commission for the use of contract labor to administer grant
funding; and
(15) the balance is to be used by the commission for
the diesel emissions reduction incentive program under Subchapter C
as determined by the commission.
(b) Money in the fund may be used by the commission for
programs under Sections 386.051(b)(13), (b)(14), and (b-1) as may
be appropriated for those programs.
(c) If the legislature does not specify amounts or
percentages from the total appropriation to the commission to be
allocated under Subsection (a) or (b), the commission shall
determine the amounts of the total appropriation to be allocated
under each of those subsections, such that the total appropriation
is expended while maximizing emissions reductions.
(d) To supplement funding for air quality planning
activities in affected counties, $500,000 from the fund is to be
deposited annually in the state treasury to the credit of the clean
air account created under Section 382.0622.
(e) Money in the fund may be allocated for administrative
costs incurred by the Energy Systems Laboratory at the Texas A&M
Engineering Experiment Station as may be appropriated by the
legislature.
(f) To the extent that money is appropriated from the fund
for that purpose, not more than $2.5 $5 million may be used by the
commission to conduct research and other activities associated with
making any necessary demonstrations to the United States
Environmental Protection Agency to account for the impact of
foreign emissions or an exceptional event.
(g) To the extent that money is appropriated from the fund
for that purpose, the commission may use that money to award grants
under the governmental alternative fuel fleet grant program
established under Chapter 395, except that the commission may not
use for that purpose more than three percent of the balance of the
fund as of September 1 of each state fiscal year of the biennium for
the governmental alternative fuel fleet grant program in that
fiscal year.
(h) Subject to the limitations outlined in this section and
any additional limitations placed on the use of the appropriated
funds, money allocated under this section to a particular program
may be used for another program under the plan as determined by the
commission, based on demand for grants for eligible projects under
particular programs after the commission solicits projects to which
to award grants according to the initial allocation provisions of
this section.
SECTION 8. Sections 8(a-2) and (b), Chapter 755 (S.B.
1731), Acts of the 85th Legislature, Regular Session, 2017, are
repealed.
SECTION 9. This Act takes effect August 30, 2019.