Texas 2019 - 86th Regular

Texas House Bill HB1746 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R23775 JRR-F
2	1		By: Lozano H.B. No. 1746
3		-	Substitute the following for H.B. No. 1746:
4		-	By: Lozano C.S.H.B. No. 1746
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9		-	relating to ~~the~~ sources of funding ~~for~~ the Texas ~~emissions~~
10		-	reduction plan.
	6	+	relating to sources of funding and administration of the Texas
	7	+	emissions reduction plan.
11	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	9		SECTION 1. Section 151.0515(d), Tax Code, is amended to
13	10		read as follows:
14	11		(d) This section expires on the last day of the state fiscal
15	12		biennium during which the Texas Commission on Environmental Quality
16	13		publishes in the Texas Register the notice required by Section
17	14		382.037, Health and Safety Code [August 31, 2019].
18	15		SECTION 2. Section 152.0215(c), Tax Code, is amended to
19	16		read as follows:
20	17		(c) This section expires on the last day of the state fiscal
21	18		biennium during which the Texas Commission on Environmental Quality
22	19		publishes in the Texas Register the notice required by Section
23	20		382.037, Health and Safety Code [August 31, 2019].
24	21		SECTION 3. Section 501.138(b-3), Transportation Code, is
25	22		amended to read as follows:
26	23		(b-3) This subsection and Subsection (b-2) expire on the
27	24		last day of the state fiscal biennium during which the Texas
28	25		Commission on Environmental Quality publishes in the Texas Register
29	26		the notice required by Section 382.037, Health and Safety Code
30	27		[August 31, 2019].
31	28		SECTION 4. Section 502.358(c), Transportation Code, is
32	29		amended to read as follows:
33	30		(c) This section expires on the last day of the state fiscal
34	31		biennium during which the Texas Commission on Environmental Quality
35	32		publishes in the Texas Register the notice required by Section
36	33		382.037, Health and Safety Code [August 31, 2019].
37	34		SECTION 5. The heading to Section 548.5055, Transportation
38	35		Code, is amended to read as follows:
39	36		Sec. 548.5055. TEXAS EMISSIONS [EMISSION] REDUCTION PLAN
40	37		FEE.
41	38		SECTION 6. Sections 548.5055(b) and (c), Transportation
42	39		Code, are amended to read as follows:
43	40		(b) The department shall remit fees collected under this
44	41		section to the comptroller at the time and in the manner prescribed
45	42		by the comptroller for deposit in the Texas emissions [emission]
46	43		reduction plan fund.
47	44		(c) This section expires on the last day of the state fiscal
48	45		biennium during which the conservation commission publishes in the
49	46		Texas Register the notice required by Section 382.037, Health and
50	47		Safety Code [August 31, 2019].
51		-	SECTION 7. Sections 8(a-2) and (b), Chapter 755 (S.B.
	48	+	SECTION 7. Section 386.252, Health and Safety Code, is
	49	+	amended to read as follows:
	50	+	Sec. 386.252. USE OF FUND. (a) Money in the fund may be
	51	+	used only to implement and administer programs established under
	52	+	the plan. Subject to the reallocation of funds by the commission
	53	+	under Subsection (h), money appropriated to the commission to be
	54	+	used for the programs under Section 386.051(b) shall initially be
	55	+	allocated as follows:
	56	+	(1) four percent may be used for the clean school bus
	57	+	program under Chapter 390;
	58	+	(2) three percent may be used for the new technology
	59	+	implementation grant program under Chapter 391, from which at least
	60	+	$1 million will be set aside for electricity storage projects
	61	+	related to renewable energy;
	62	+	(3) five percent may be used for the clean fleet
	63	+	program under Chapter 392;
	64	+	(4) not more than $3 million may be used by the
	65	+	commission to fund a regional air monitoring program in commission
	66	+	Regions 3 and 4 to be implemented under the commission's oversight,
	67	+	including direction regarding the type, number, location, and
	68	+	operation of, and data validation practices for, monitors funded by
	69	+	the program through a regional nonprofit entity located in North
	70	+	Texas having representation from counties, municipalities, higher
	71	+	education institutions, and private sector interests across the
	72	+	area;
	73	+	(5) 10 percent may be used for the Texas natural gas
	74	+	vehicle grant program under Chapter 394;
	75	+	(6) not more than $6 million may be used for the Texas
	76	+	alternative fueling facilities program under Chapter 393, of which
	77	+	a specified amount may be used for fueling stations to provide
	78	+	natural gas fuel, except that money may not be allocated for the
	79	+	Texas alternative fueling facilities program for the state fiscal
	80	+	year ending August 31, 2019;
	81	+	(7) not more than $750,000 may be used each year to
	82	+	support research related to air quality as provided by Chapter 387;
	83	+	(8) not more than $200,000 may be used for a health
	84	+	effects study;
	85	+	(9) at least $6 million but not more than $8 million is
	86	+	allocated to the commission for administrative costs, including all
	87	+	direct and indirect costs for administering the plan, costs for
	88	+	conducting outreach and education activities, and costs
	89	+	attributable to the review or approval of applications for
	90	+	marketable emissions reduction credits;
	91	+	(10) six percent may be used by the commission for the
	92	+	seaport and rail yard areas emissions reduction program established
	93	+	under Subchapter D-1;
	94	+	(11) five percent may be used for the light-duty motor
	95	+	vehicle purchase or lease incentive program established under
	96	+	Subchapter D;
	97	+	(12) not more than $216,000 is allocated to the
	98	+	commission to contract with the Energy Systems Laboratory at the
	99	+	Texas A&M Engineering Experiment Station annually for the
	100	+	development and annual computation of creditable statewide
	101	+	emissions reductions obtained through wind and other renewable
	102	+	energy resources for the state implementation plan;
	103	+	(13) not more than $500,000 may be used for studies of
	104	+	or pilot programs for incentives for port authorities located in
	105	+	nonattainment areas or affected counties to encourage cargo
	106	+	movement that reduces emissions of nitrogen oxides and particulate
	107	+	matter; [and]
	108	+	(14) in addition to the amount allocated under
	109	+	Subdivision (9), not more than $1 million may be authorized by the
	110	+	commission for the use of contract labor to administer grant
	111	+	funding; and
	112	+	(15) the balance is to be used by the commission for
	113	+	the diesel emissions reduction incentive program under Subchapter C
	114	+	as determined by the commission.
	115	+	(b) Money in the fund may be used by the commission for
	116	+	programs under Sections 386.051(b)(13), (b)(14), and (b-1) as may
	117	+	be appropriated for those programs.
	118	+	(c) If the legislature does not specify amounts or
	119	+	percentages from the total appropriation to the commission to be
	120	+	allocated under Subsection (a) or (b), the commission shall
	121	+	determine the amounts of the total appropriation to be allocated
	122	+	under each of those subsections, such that the total appropriation
	123	+	is expended while maximizing emissions reductions.
	124	+	(d) To supplement funding for air quality planning
	125	+	activities in affected counties, $500,000 from the fund is to be
	126	+	deposited annually in the state treasury to the credit of the clean
	127	+	air account created under Section 382.0622.
	128	+	(e) Money in the fund may be allocated for administrative
	129	+	costs incurred by the Energy Systems Laboratory at the Texas A&M
	130	+	Engineering Experiment Station as may be appropriated by the
	131	+	legislature.
	132	+	(f) To the extent that money is appropriated from the fund
	133	+	for that purpose, not more than $2.5 $5 million may be used by the
	134	+	commission to conduct research and other activities associated with
	135	+	making any necessary demonstrations to the United States
	136	+	Environmental Protection Agency to account for the impact of
	137	+	foreign emissions or an exceptional event.
	138	+	(g) To the extent that money is appropriated from the fund
	139	+	for that purpose, the commission may use that money to award grants
	140	+	under the governmental alternative fuel fleet grant program
	141	+	established under Chapter 395, except that the commission may not
	142	+	use for that purpose more than three percent of the balance of the
	143	+	fund as of September 1 of each state fiscal year of the biennium for
	144	+	the governmental alternative fuel fleet grant program in that
	145	+	fiscal year.
	146	+	(h) Subject to the limitations outlined in this section and
	147	+	any additional limitations placed on the use of the appropriated
	148	+	funds, money allocated under this section to a particular program
	149	+	may be used for another program under the plan as determined by the
	150	+	commission, based on demand for grants for eligible projects under
	151	+	particular programs after the commission solicits projects to which
	152	+	to award grants according to the initial allocation provisions of
	153	+	this section.
	154	+	SECTION 8. Sections 8(a-2) and (b), Chapter 755 (S.B.
52	155		1731), Acts of the 85th Legislature, Regular Session, 2017, are
53	156		repealed.
54		-	SECTION 8. This Act takes effect August 30, 2019.
	157	+	SECTION 9. This Act takes effect August 30, 2019.