Texas 2019 - 86th Regular

Texas House Bill HB2094 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R9119 JRR-F
2	2	By: Thompson of Brazoria H.B. No. 2094
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the administration of and funding for the Texas
8	8	emissions reduction plan.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 386.104, Health and Safety Code, is
11	11	amended by amending Subsection (c) and adding Subsections (c-1) and
12	12	(c-2) to read as follows:
13	13	(c) Except as otherwise provided by this subsection, for
14	14	[For] a proposed project as described by Section 386.102(b), other
15	15	than a project involving a marine vessel or engine, not less than 75
16	16	percent of vehicle miles traveled or hours of operation projected
17	17	for the five years immediately following the award of a grant must
18	18	be projected to take place in a nonattainment area or affected
19	19	county of this state. The commission may set the minimum percentage
20	20	of vehicle miles traveled or hours of operation required to take
21	21	place in a nonattainment area or affected county at a percentage and
22	22	for a period that is different from the percentage and period
23	23	specified by this subsection. The commission may [also] allow
24	24	vehicle travel on highways and roadways, or portions of a highway or
25	25	roadway, designated by the commission and located outside a
26	26	nonattainment area or affected county to count towards the
27	27	percentage of use requirement in this subsection.
28	28	(c-1) For a proposed project involving a marine vessel or
29	29	engine, the vessel or engine must be operated in the intercoastal
30	30	waterways or bays adjacent to a nonattainment area or affected
31	31	county of this state for a sufficient amount of time over the
32	32	lifetime of the project, as determined by the commission, to meet
33	33	the cost-effectiveness requirements of Section 386.105.
34	34	(c-2) For a proposed project involving non-road equipment
35	35	used for natural gas recovery purposes, the equipment must be
36	36	operated in a nonattainment area or affected county for a
37	37	sufficient amount of use over the lifetime of the project, as
38	38	determined by the commission, to meet the cost-effectiveness
39	39	requirements of Section 386.105.
40	40	SECTION 2. Section 386.116(a), Health and Safety Code, is
41	41	amended to read as follows:
42	42	(a) In this section, "small business" means a business owned
43	43	by a person who:
44	44	(1) owns and operates not more than six [five]
45	45	vehicles, one of which is:
46	46	(A) an on-road diesel; or
47	47	(B) a non-road diesel; and
48	48	(2) has owned the vehicle described by Subdivision
49	49	(1)(A) or (B) for more than two years.
50	50	SECTION 3. Section 386.251(c), Health and Safety Code, is
51	51	amended to read as follows:
52	52	(c) The fund consists of:
53	53	(1) the amount of money deposited to the credit of the
54	54	fund under:
55	55	(A) Section 386.056;
56	56	(B) Section [Sections 151.0515 and] 152.0215,
57	57	Tax Code; and
58	58	(C) Sections 501.138, 502.358, and 548.5055,
59	59	Transportation Code; and
60	60	(2) grant money recaptured under Section 386.111(d)
61	61	and Chapter 391.
62	62	SECTION 4. Section 386.252, Health and Safety Code, is
63	63	amended by amending Subsection (a) and adding Subsection (i) to
64	64	read as follows:
65	65	(a) Money in the fund may be used only to implement and
66	66	administer programs established under the plan. Subject to the
67	67	reallocation of funds by the commission under Subsection (h), money
68	68	appropriated to the commission to be used for the programs under
69	69	Section 386.051(b) shall initially be allocated as follows:
70	70	(1) four percent may be used for the clean school bus
71	71	program under Chapter 390;
72	72	(2) one [three] percent may be used for the new
73	73	technology implementation grant program under Chapter 391, from
74	74	which at least $1 million will be set aside for electricity storage
75	75	projects related to renewable energy;
76	76	(3) five percent may be used for the Texas clean fleet
77	77	program under Chapter 392;
78	78	(4) not more than $3 million may be used by the
79	79	commission to fund a regional air monitoring program in commission
80	80	Regions 3 and 4 to be implemented under the commission's oversight,
81	81	including direction regarding the type, number, location, and
82	82	operation of, and data validation practices for, monitors funded by
83	83	the program through a regional nonprofit entity located in North
84	84	Texas having representation from counties, municipalities, higher
85	85	education institutions, and private sector interests across the
86	86	area;
87	87	(5) 10 percent may be used for the Texas natural gas
88	88	vehicle grant program under Chapter 394;
89	89	(6) not more than $6 million may be used for the Texas
90	90	alternative fueling facilities program under Chapter 393, of which
91	91	a specified amount may be used for fueling stations to provide
92	92	natural gas fuel, except that money may not be allocated for the
93	93	Texas alternative fueling facilities program for the state fiscal
94	94	year ending August 31, 2019;
95	95	(7) not more than $750,000 may be used each year to
96	96	support research related to air quality as provided by Chapter 387;
97	97	(8) not more than $200,000 may be used for a health
98	98	effects study;
99	99	(9) at least $6 million but not more than $8 million is
100	100	allocated to the commission for administrative costs, including all
101	101	direct and indirect costs for administering the plan, costs for
102	102	conducting outreach and education activities, and costs
103	103	attributable to the review or approval of applications for
104	104	marketable emissions reduction credits;
105	105	(10) six percent may be used by the commission for the
106	106	seaport and rail yard areas emissions reduction program established
107	107	under Subchapter D-1;
108	108	(11) five percent may be used for the light-duty motor
109	109	vehicle purchase or lease incentive program established under
110	110	Subchapter D;
111	111	(12) not more than $216,000 is allocated to the
112	112	commission to contract with the Energy Systems Laboratory at the
113	113	Texas A&M Engineering Experiment Station annually for the
114	114	development and annual computation of creditable statewide
115	115	emissions reductions obtained through wind and other renewable
116	116	energy resources for the state implementation plan;
117	117	(13) not more than $500,000 may be used for studies of
118	118	or pilot programs for incentives for port authorities located in
119	119	nonattainment areas or affected counties to encourage cargo
120	120	movement that reduces emissions of nitrogen oxides and particulate
121	121	matter; and
122	122	(14) the balance is to be used by the commission for
123	123	the diesel emissions reduction incentive program under Subchapter C
124	124	as determined by the commission.
125	125	(i) Notwithstanding any other provision of this section,
126	126	money in the fund, other than money in the non-road diesel
127	127	subaccount established under Section 386.253, may not be used for a
128	128	purpose described by Section 386.253(c).
129	129	SECTION 5. Subchapter F, Chapter 386, Health and Safety
130	130	Code, is amended by adding Section 386.253 to read as follows:
131	131	Sec. 386.253. NON-ROAD DIESEL SUBACCOUNT; USE OF
132	132	SUBACCOUNT. (a) The non-road diesel subaccount is established in
133	133	the fund.
134	134	(b) The subaccount consists of the amount of money deposited
135	135	to the credit of the subaccount under Section 151.0515, Tax Code.
136	136	Interest earned on the subaccount shall be credited to the
137	137	subaccount.
138	138	(c) Money in the subaccount may be used only to:
139	139	(1) provide grants for non-road diesels, as that term
140	140	is described by Section 386.101, under a program established under
141	141	the plan; and
142	142	(2) implement and administer a program described by
143	143	Subdivision (1), but only to the extent that the program relates to
144	144	the issuance of grants for non-road diesels.
145	145	SECTION 6. Sections 151.0515(c) and (d), Tax Code, are
146	146	amended to read as follows:
147	147	(c) The surcharge shall be collected at the same time and in
148	148	the same manner and shall be administered and enforced in the same
149	149	manner as the tax imposed under this chapter. The comptroller shall
150	150	adopt any additional procedures needed for the collection,
151	151	administration, and enforcement of the surcharge authorized by this
152	152	section and shall deposit all remitted surcharges to the credit of
153	153	the non-road diesel subaccount in the Texas emissions reduction
154	154	plan fund.
155	155	(d) This section expires on the last day of the state fiscal
156	156	biennium during which the Texas Commission on Environmental Quality
157	157	publishes in the Texas Register the notice required by Section
158	158	382.037, Health and Safety Code [August 31, 2019].
159	159	SECTION 7. Section 152.0215(c), Tax Code, is amended to
160	160	read as follows:
161	161	(c) This section expires on the last day of the state fiscal
162	162	biennium during which the Texas Commission on Environmental Quality
163	163	publishes in the Texas Register the notice required by Section
164	164	382.037, Health and Safety Code [August 31, 2019].
165	165	SECTION 8. Section 501.138(b-3), Transportation Code, is
166	166	amended to read as follows:
167	167	(b-3) This subsection and Subsection (b-2) expire on the
168	168	last day of the state fiscal biennium during which the Texas
169	169	Commission on Environmental Quality publishes in the Texas Register
170	170	the notice required by Section 382.037, Health and Safety Code
171	171	[August 31, 2019].
172	172	SECTION 9. Section 502.358(c), Transportation Code, is
173	173	amended to read as follows:
174	174	(c) This section expires on the last day of the state fiscal
175	175	biennium during which the Texas Commission on Environmental Quality
176	176	publishes in the Texas Register the notice required by Section
177	177	382.037, Health and Safety Code [August 31, 2019].
178	178	SECTION 10. The heading to Section 548.5055, Transportation
179	179	Code, is amended to read as follows:
180	180	Sec. 548.5055. TEXAS EMISSIONS [EMISSION] REDUCTION PLAN
181	181	FEE.
182	182	SECTION 11. Sections 548.5055(b) and (c), Transportation
183	183	Code, are amended to read as follows:
184	184	(b) The department shall remit fees collected under this
185	185	section to the comptroller at the time and in the manner prescribed
186	186	by the comptroller for deposit in the Texas emissions [emission]
187	187	reduction plan fund.
188	188	(c) This section expires on the last day of the state fiscal
189	189	biennium during which the conservation commission publishes in the
190	190	Texas Register the notice required by Section 382.037, Health and
191	191	Safety Code [August 31, 2019].
192	192	SECTION 12. Sections 8(a-2) and (b), Chapter 755 (S.B.
193	193	1731), Acts of the 85th Legislature, Regular Session, 2017, are
194	194	repealed.
195	195	SECTION 13. The changes in law made by this Act apply only
196	196	to a Texas emissions reduction plan grant awarded on or after the
197	197	effective date of this Act. A grant awarded before the effective
198	198	date of this Act is governed by the law in effect on the date the
199	199	award was made, and the former law is continued in effect for that
200	200	purpose.
201	201	SECTION 14. The change in law made by this Act to Section
202	202	151.0515, Tax Code, applies only to a surcharge collected on or
203	203	after the effective date of this Act. A surcharge collected before
204	204	the effective date of this Act is governed by the law in effect
205	205	immediately before that date, and the former law is continued in
206	206	effect for that purpose.
207	207	SECTION 15. This Act takes effect August 30, 2019.