86R9119 JRR-F
By: Thompson of Brazoria H.B. No. 2094
A BILL TO BE ENTITLED
AN ACT
relating to the administration of and funding for the Texas
emissions reduction plan.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 386.104, Health and Safety Code, is
amended by amending Subsection (c) and adding Subsections (c-1) and
(c-2) to read as follows:
(c) Except as otherwise provided by this subsection, for
[For] a proposed project as described by Section 386.102(b), other
than a project involving a marine vessel or engine, not less than 75
percent of vehicle miles traveled or hours of operation projected
for the five years immediately following the award of a grant must
be projected to take place in a nonattainment area or affected
county of this state. The commission may set the minimum percentage
of vehicle miles traveled or hours of operation required to take
place in a nonattainment area or affected county at a percentage and
for a period that is different from the percentage and period
specified by this subsection. The commission may [also] allow
vehicle travel on highways and roadways, or portions of a highway or
roadway, designated by the commission and located outside a
nonattainment area or affected county to count towards the
percentage of use requirement in this subsection.
(c-1) For a proposed project involving a marine vessel or
engine, the vessel or engine must be operated in the intercoastal
waterways or bays adjacent to a nonattainment area or affected
county of this state for a sufficient amount of time over the
lifetime of the project, as determined by the commission, to meet
the cost-effectiveness requirements of Section 386.105.
(c-2) For a proposed project involving non-road equipment
used for natural gas recovery purposes, the equipment must be
operated in a nonattainment area or affected county for a
sufficient amount of use over the lifetime of the project, as
determined by the commission, to meet the cost-effectiveness
requirements of Section 386.105.
SECTION 2. Section 386.116(a), Health and Safety Code, is
amended to read as follows:
(a) In this section, "small business" means a business owned
by a person who:
(1) owns and operates not more than six [five]
vehicles, one of which is:
(A) an on-road diesel; or
(B) a non-road diesel; and
(2) has owned the vehicle described by Subdivision
(1)(A) or (B) for more than two years.
SECTION 3. Section 386.251(c), Health and Safety Code, is
amended to read as follows:
(c) The fund consists of:
(1) the amount of money deposited to the credit of the
fund under:
(A) Section 386.056;
(B) Section [Sections 151.0515 and] 152.0215,
Tax Code; and
(C) Sections 501.138, 502.358, and 548.5055,
Transportation Code; and
(2) grant money recaptured under Section 386.111(d)
and Chapter 391.
SECTION 4. Section 386.252, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (i) to
read as follows:
(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) one [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 Texas 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) the balance is to be used by the commission for
the diesel emissions reduction incentive program under Subchapter C
as determined by the commission.
(i) Notwithstanding any other provision of this section,
money in the fund, other than money in the non-road diesel
subaccount established under Section 386.253, may not be used for a
purpose described by Section 386.253(c).
SECTION 5. Subchapter F, Chapter 386, Health and Safety
Code, is amended by adding Section 386.253 to read as follows:
Sec. 386.253. NON-ROAD DIESEL SUBACCOUNT; USE OF
SUBACCOUNT. (a) The non-road diesel subaccount is established in
the fund.
(b) The subaccount consists of the amount of money deposited
to the credit of the subaccount under Section 151.0515, Tax Code.
Interest earned on the subaccount shall be credited to the
subaccount.
(c) Money in the subaccount may be used only to:
(1) provide grants for non-road diesels, as that term
is described by Section 386.101, under a program established under
the plan; and
(2) implement and administer a program described by
Subdivision (1), but only to the extent that the program relates to
the issuance of grants for non-road diesels.
SECTION 6. Sections 151.0515(c) and (d), Tax Code, are
amended to read as follows:
(c) The surcharge shall be collected at the same time and in
the same manner and shall be administered and enforced in the same
manner as the tax imposed under this chapter. The comptroller shall
adopt any additional procedures needed for the collection,
administration, and enforcement of the surcharge authorized by this
section and shall deposit all remitted surcharges to the credit of
the non-road diesel subaccount in the Texas emissions reduction
plan fund.
(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 7. 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 8. 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 9. 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 10. The heading to Section 548.5055, Transportation
Code, is amended to read as follows:
Sec. 548.5055. TEXAS EMISSIONS [EMISSION] REDUCTION PLAN
FEE.
SECTION 11. 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 12. Sections 8(a-2) and (b), Chapter 755 (S.B.
1731), Acts of the 85th Legislature, Regular Session, 2017, are
repealed.
SECTION 13. The changes in law made by this Act apply only
to a Texas emissions reduction plan grant awarded on or after the
effective date of this Act. A grant awarded before the effective
date of this Act is governed by the law in effect on the date the
award was made, and the former law is continued in effect for that
purpose.
SECTION 14. The change in law made by this Act to Section
151.0515, Tax Code, applies only to a surcharge collected on or
after the effective date of this Act. A surcharge collected before
the effective date of this Act is governed by the law in effect
immediately before that date, and the former law is continued in
effect for that purpose.
SECTION 15. This Act takes effect August 30, 2019.