Texas 2019 - 86th Regular

Texas House Bill HB2581 Compare Versions

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

Old	New	Differences
1	1	86R1164 JRR-F
2	2	By: Reynolds H.B. No. 2581
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; reducing a surcharge.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 386.051(b), Health and Safety Code, is
11	11	amended to read as follows:
12	12	(b) Under the plan, the commission and the comptroller shall
13	13	provide grants or other funding for:
14	14	(1) the diesel emissions reduction incentive program
15	15	established under Subchapter C, including for infrastructure
16	16	projects established under that subchapter;
17	17	(2) the motor vehicle purchase or lease incentive
18	18	program established under Subchapter D;
19	19	(3) the air quality research support program
20	20	established under Chapter 387;
21	21	(4) the clean school bus program established under
22	22	Chapter 390;
23	23	(5) the new technology implementation grant program
24	24	established under Chapter 391;
25	25	(6) the regional air monitoring program established
26	26	under Section 386.252(a);
27	27	(7) a health effects study as provided by Section
28	28	386.252(a);
29	29	(8) air quality planning activities as provided by
30	30	Section 386.252(d);
31	31	(9) a contract with the Energy Systems Laboratory at
32	32	the Texas A&M Engineering Experiment Station for computation of
33	33	creditable statewide emissions reductions as provided by Section
34	34	386.252(a);
35	35	(10) the Texas clean fleet program established under
36	36	Chapter 392;
37	37	(11) the Texas alternative fueling facilities program
38	38	established under Chapter 393;
39	39	(12) the Texas natural gas vehicle grant program
40	40	established under Chapter 394;
41	41	(13) other programs the commission may develop that
42	42	lead to reduced emissions of nitrogen oxides, particulate matter,
43	43	or volatile organic compounds in a nonattainment area or affected
44	44	county;
45	45	(14) other programs the commission may develop that
46	46	support congestion mitigation to reduce mobile source ozone
47	47	precursor emissions;
48	48	(15) the seaport and rail yard areas emissions
49	49	reduction program established under Subchapter D-1;
50	50	(16) conducting research and other activities
51	51	associated with making any necessary demonstrations to the United
52	52	States Environmental Protection Agency to account for the impact of
53	53	foreign emissions or an exceptional event;
54	54	(17) studies of or pilot programs for incentives for
55	55	port authorities located in nonattainment areas or affected
56	56	counties as provided by Section 386.252(a); [and]
57	57	(18) the governmental alternative fuel fleet grant
58	58	program established under Chapter 395; and
59	59	(19) the energy efficiency loan guarantee program
60	60	established under Section 388.013.
61	61	SECTION 2. Section 386.252(a), Health and Safety Code, is
62	62	amended to read as follows:
63	63	(a) Money in the fund may be used only to implement and
64	64	administer programs established under the plan. Subject to the
65	65	reallocation of funds by the commission under Subsection (h), money
66	66	appropriated to the commission to be used for the programs under
67	67	Section 386.051(b) shall initially be allocated as follows:
68	68	(1) four percent may be used for the clean school bus
69	69	program under Chapter 390;
70	70	(2) three percent may be used for the new technology
71	71	implementation grant program under Chapter 391, from which at least
72	72	$1 million will be set aside for electricity storage projects
73	73	related to renewable energy;
74	74	(3) five percent may be used for the Texas clean fleet
75	75	program under Chapter 392;
76	76	(4) not more than $3 million may be used by the
77	77	commission to fund a regional air monitoring program in commission
78	78	Regions 3 and 4 to be implemented under the commission's oversight,
79	79	including direction regarding the type, number, location, and
80	80	operation of, and data validation practices for, monitors funded by
81	81	the program through a regional nonprofit entity located in North
82	82	Texas having representation from counties, municipalities, higher
83	83	education institutions, and private sector interests across the
84	84	area;
85	85	(5) 10 percent may be used for the Texas natural gas
86	86	vehicle grant program under Chapter 394;
87	87	(6) not more than $6 million may be used for the Texas
88	88	alternative fueling facilities program under Chapter 393, of which
89	89	a specified amount may be used for fueling stations to provide
90	90	natural gas fuel, except that money may not be allocated for the
91	91	Texas alternative fueling facilities program for the state fiscal
92	92	year ending August 31, 2019;
93	93	(7) not more than $750,000 may be used each year to
94	94	support research related to air quality as provided by Chapter 387;
95	95	(8) not more than $200,000 may be used for a health
96	96	effects study;
97	97	(9) at least $6 million but not more than $8 million is
98	98	allocated to the commission for administrative costs, including all
99	99	direct and indirect costs for administering the plan, costs for
100	100	conducting outreach and education activities, and costs
101	101	attributable to the review or approval of applications for
102	102	marketable emissions reduction credits;
103	103	(10) six percent may be used by the commission for the
104	104	seaport and rail yard areas emissions reduction program established
105	105	under Subchapter D-1;
106	106	(11) five percent may be used for the light-duty motor
107	107	vehicle purchase or lease incentive program established under
108	108	Subchapter D;
109	109	(12) not more than $216,000 is allocated to the
110	110	commission to contract with the Energy Systems Laboratory at the
111	111	Texas A&M Engineering Experiment Station annually for the
112	112	development and annual computation of creditable statewide
113	113	emissions reductions obtained through wind and other renewable
114	114	energy resources for the state implementation plan;
115	115	(13) not more than $500,000 may be used for studies of
116	116	or pilot programs for incentives for port authorities located in
117	117	nonattainment areas or affected counties to encourage cargo
118	118	movement that reduces emissions of nitrogen oxides and particulate
119	119	matter; [and]
120	120	(14) at least $1 million and not more than $5 million
121	121	shall be allocated for the energy efficiency loan guarantee program
122	122	established under Section 388.013; and
123	123	(15) the balance is to be used by the commission for
124	124	the diesel emissions reduction incentive program under Subchapter C
125	125	as determined by the commission.
126	126	SECTION 3. Section 388.005(c), Health and Safety Code, is
127	127	amended to read as follows:
128	128	(c) Each political subdivision, institution of higher
129	129	education, or state agency shall establish a goal to reduce the
130	130	electric consumption by the entity by at least five percent each
131	131	state fiscal year for seven [10] years, beginning September 1, 2019
132	132	[2011].
133	133	SECTION 4. Chapter 388, Health and Safety Code, is amended
134	134	by adding Section 388.013 to read as follows:
135	135	Sec. 388.013. ENERGY EFFICIENCY LOAN GUARANTEE PROGRAM.
136	136	(a) The comptroller and the State Energy Conservation Office by
137	137	rule shall establish and administer a program that issues or
138	138	guarantees loans to be used for improvements that increase the
139	139	energy efficiency of residences that are not newly constructed.
140	140	(b) Rules adopted under this section must establish
141	141	eligibility requirements for receipt of a loan issued or guaranteed
142	142	under this section, including emissions reduction
143	143	cost-effectiveness criteria.
144	144	(c) The State Energy Conservation Office annually shall
145	145	submit to the commission and the laboratory a report that:
146	146	(1) evaluates the effectiveness of the program
147	147	established under this section; and
148	148	(2) quantifies energy savings and emissions
149	149	reductions as a result of this program for consideration in the
150	150	state implementation plan for emissions reduction credit.
151	151	SECTION 5. Section 389.002, Health and Safety Code, is
152	152	amended to read as follows:
153	153	Sec. 389.002. USE OF CERTAIN INFORMATION FOR FEDERAL
154	154	RECOGNITION OF EMISSIONS REDUCTIONS. The commission, using
155	155	information derived from the reports to the commission under
156	156	Sections 386.205, 388.003(e), [and] 388.006, and 388.013, shall
157	157	take all appropriate and necessary actions so that emissions
158	158	reductions achieved by means of activities under Chapters 386 and
159	159	388 are credited by the United States Environmental Protection
160	160	Agency to the appropriate emissions reduction objectives in the
161	161	state implementation plan.
162	162	SECTION 6. Sections 151.0515(b) and (d), Tax Code, are
163	163	amended to read as follows:
164	164	(b) In each county in this state, a surcharge is imposed on
165	165	the retail sale, lease, or rental of new or used equipment in an
166	166	amount equal to one [1.5] percent of the sale price or the lease or
167	167	rental amount.
168	168	(d) This section expires on the last day of the state fiscal
169	169	biennium during which the Texas Commission on Environmental Quality
170	170	publishes in the Texas Register the notice required by Section
171	171	382.037, Health and Safety Code [August 31, 2019].
172	172	SECTION 7. Section 152.0215(c), Tax Code, is amended to
173	173	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 8. Sections 501.138(b-1), (b-2), and (b-3),
179	179	Transportation Code, are amended to read as follows:
180	180	(b-1) Fees collected under Subsection (b) to be sent to the
181	181	comptroller shall be deposited to the credit of the Texas Mobility
182	182	Fund[, except that $5 of each fee imposed under Subsection (a)(1)
183	183	and deposited on or after September 1, 2008, and before September 1,
184	184	2015, shall be deposited to the credit of the Texas emissions
185	185	reduction plan fund].
186	186	(b-2) The comptroller shall establish a record of the amount
187	187	of the fees deposited to the credit of the Texas Mobility Fund under
188	188	Subsection (b-1) that are attributable to applicants described by
189	189	Subsection (b)(3)(A). On or before the fifth workday of each
190	190	month, the Texas Department of Transportation shall remit to the
191	191	comptroller for deposit to the credit of the Texas emissions
192	192	reduction plan fund an amount of money equal to the amount of those
193	193	[the] fees deposited [by the comptroller to the credit of the Texas
194	194	Mobility Fund under Subsection (b-1)] in the preceding month. The
195	195	Texas Department of Transportation shall use for remittance to the
196	196	comptroller as required by this subsection money in the state
197	197	highway fund that is not required to be used for a purpose specified
198	198	by Section 7-a, Article VIII, Texas Constitution, and may not use
199	199	for that remittance money received by this state under the
200	200	congestion mitigation and air quality improvement program
201	201	established under 23 U.S.C. Section 149.
202	202	(b-3) This subsection and Subsection (b-2) expire on the
203	203	last day of the state fiscal biennium during which the Texas
204	204	Commission on Environmental Quality publishes in the Texas Register
205	205	the notice required by Section 382.037, Health and Safety Code
206	206	[August 31, 2019].
207	207	SECTION 9. Section 502.358(c), Transportation Code, is
208	208	amended to read as follows:
209	209	(c) This section expires on the last day of the state fiscal
210	210	biennium during which the Texas Commission on Environmental Quality
211	211	publishes in the Texas Register the notice required by Section
212	212	382.037, Health and Safety Code [August 31, 2019].
213	213	SECTION 10. The heading to Section 548.5055, Transportation
214	214	Code, is amended to read as follows:
215	215	Sec. 548.5055. TEXAS EMISSIONS [EMISSION] REDUCTION PLAN
216	216	FEE.
217	217	SECTION 11. Sections 548.5055(b) and (c), Transportation
218	218	Code, are amended to read as follows:
219	219	(b) The department shall remit fees collected under this
220	220	section to the comptroller at the time and in the manner prescribed
221	221	by the comptroller for deposit in the Texas emissions [emission]
222	222	reduction plan fund.
223	223	(c) This section expires on the last day of the state fiscal
224	224	biennium during which the conservation commission publishes in the
225	225	Texas Register the notice required by Section 382.037, Health and
226	226	Safety Code [August 31, 2019].
227	227	SECTION 12. Sections 8(a-2) and (b), Chapter 755 (S.B.
228	228	1731), Acts of the 85th Legislature, Regular Session, 2017, are
229	229	repealed.
230	230	SECTION 13. The Texas Department of Transportation is not
231	231	required to comply with Section 501.138(b-2), Transportation Code,
232	232	as amended by this Act, until October 1, 2019. Before October 1,
233	233	2019, the Texas Department of Transportation shall comply with
234	234	Section 501.138(b-2), Transportation Code, as it existed on the
235	235	effective date of this Act, and the former law is continued in
236	236	effect for that purpose.
237	237	SECTION 14. This Act takes effect August 30, 2019.