Texas 2019 - 86th Regular

Texas House Bill HB3745 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3745
	1	+	By: Bell of Montgomery, et al. H.B. No. 3745
	2	+	(Senate Sponsor - Birdwell, Zaffirini)
	3	+	(In the Senate - Received from the House May 2, 2019;
	4	+	May 3, 2019, read first time and referred to Committee on Natural
	5	+	Resources & Economic Development; May 17, 2019, reported
	6	+	adversely, with favorable Committee Substitute by the following
	7	+	vote: Yeas 11, Nays 0; May 17, 2019, sent to printer.)
	8	+	Click here to see the committee vote
	9	+	COMMITTEE SUBSTITUTE FOR H.B. No. 3745 By: Birdwell
2	10
3	11
	12	+	A BILL TO BE ENTITLED
4	13		AN ACT
5	14		relating to the Texas emissions reduction plan fund and account.
6	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	16		ARTICLE 1. TEXAS EMISSIONS REDUCTION PLAN FUND AND ACCOUNT
8	17		SECTION 1.01. Section 386.001, Health and Safety Code, is
9	18		amended by adding Subdivision (1) and amending Subdivision (5) to
10	19		read as follows:
11	20		(1) "Account" means the Texas emissions reduction plan
12	21		account established under Section 386.251.
13	22		(5) "Fund" means the Texas emissions reduction plan
14	23		fund established under Section 386.250.
15	24		SECTION 1.02. Section 386.057(c), Health and Safety Code,
16	25		is amended to read as follows:
17	26		(c) For projects funded as part of the infrastructure
18	27		program under Subchapter C, the report must:
19	28		(1) describe and evaluate:
20	29		(A) the infrastructure facilities funded under
21	30		that subchapter;
22	31		(B) the degree to which the funded facilities are
23	32		supporting on-road or non-road diesel projects;
24	33		(C) the amount of fuel or electricity dispensed
25	34		for each facility; and
26	35		(D) associated emissions reductions and
27	36		cost-effectiveness; and
28	37		(2) make a finding regarding the need for additional
29	38		appropriations from the account [fund] to improve the ability of
30	39		the program to achieve its goals.
31	40		SECTION 1.03. The heading to Subchapter F, Chapter 386,
32	41		Health and Safety Code, is amended to read as follows:
33	42		SUBCHAPTER F. TEXAS EMISSIONS REDUCTION PLAN FUND AND ACCOUNT
34	43		SECTION 1.04. Subchapter F, Chapter 386, Health and Safety
35	44		Code, is amended by adding Section 386.250 to read as follows:
36	45		Sec. 386.250. TEXAS EMISSIONS REDUCTION PLAN FUND. (a) The
37	46		Texas emissions reduction plan fund is established as a trust fund
38	47		outside the state treasury to be held by the comptroller and
39	48		administered by the commission as trustee. Money in the fund may be
40	49		spent without legislative appropriation and may be used only as
41	50		provided by this chapter. Interest and other earnings on the
42	51		balance of the fund shall be credited to the fund.
43	52		(b) The fund consists of:
44	53		(1) the amount of money deposited to the credit of the
45	54		fund under:
46	55		(A) Section 386.056;
47	56		(B) Sections 151.0515 and 152.0215, Tax Code; and
48	57		(C) Sections 501.138, 502.358, and 548.5055,
49	58		Transportation Code; and
50	59		(2) grant money recaptured under Section 386.111(d)
51	60		and Chapter 391.
52	61		(c) Not later than the 30th day after the last day of each
53	62		state fiscal biennium, the commission shall transfer the
54	63		unencumbered balance of the fund remaining on the last day of the
55	64		state fiscal biennium to the credit of the Texas emissions
56	65		reduction plan account.
57	66		SECTION 1.05. Section 386.251, Health and Safety Code, is
58	67		amended to read as follows:
59	68		Sec. 386.251. TEXAS EMISSIONS REDUCTION PLAN ACCOUNT
60	69		[FUND]. (a) The Texas emissions reduction plan account [fund] is
61	70		an account in the state treasury.
62	71		(b) The account [fund] is administered by the commission for
63	72		the benefit of the plan established under this chapter. The account
64	73		[fund] is exempt from the application of Section 403.095,
65	74		Government Code. Interest earned on the account [fund] shall be
66	75		credited to the account [fund].
67	76		(c) The account [fund] consists of its accumulated balance
68	77		and [:
69	78		[(1)] the amount of money transferred to the account
70	79		under Section 386.250(c) [deposited to the credit of the fund
71	80		under:
72	81		[(A) Section 386.056;
73	82		[(B) Sections 151.0515 and 152.0215, Tax Code;
74	83		and
75	84		[(C) Sections 501.138, 502.358, and 548.5055,
76	85		Transportation Code; and
77	86		[(2) grant money recaptured under Section 386.111(d)
78	87		and Chapter 391].
79	88		SECTION 1.06. The heading to Section 386.252, Health and
80	89		Safety Code, is amended to read as follows:
81	90		Sec. 386.252. USE OF FUND AND ACCOUNT.
82	91		SECTION 1.07. Sections 386.252(a), (b), (e), (f), (g), and
83	92		(h), Health and Safety Code, are amended to read as follows:
84	93		(a) Money in the fund and account may be used only to
85	94		implement and administer programs established under the
86	95		plan. Subject to the reallocation of funds by the commission under
87	96		Subsection (h), money from the fund and account [appropriated to
88	97		the commission] to be used for the programs under Section
89	98		386.051(b) shall initially be allocated as follows:
90	99		(1) four percent may be used for the clean school bus
91	100		program under Chapter 390;
92	101		(2) three percent may be used for the new technology
93	102		implementation grant program under Chapter 391, from which at least
94	103		$1 million will be set aside for electricity storage projects
95	104		related to renewable energy;
96	105		(3) five percent may be used for the clean fleet
97	106		program under Chapter 392;
98	107		(4) not more than $3 million may be used by the
99	108		commission to fund a regional air monitoring program in commission
100	109		Regions 3 and 4 to be implemented under the commission's oversight,
101	110		including direction regarding the type, number, location, and
102	111		operation of, and data validation practices for, monitors funded by
103	112		the program through a regional nonprofit entity located in North
104	113		Texas having representation from counties, municipalities, higher
105	114		education institutions, and private sector interests across the
106	115		area;
107	116		(5) 10 percent may be used for the Texas natural gas
108	117		vehicle grant program under Chapter 394;
109	118		(6) not more than $6 million may be used for the Texas
110	119		alternative fueling facilities program under Chapter 393, of which
111	120		a specified amount may be used for fueling stations to provide
112	121		natural gas fuel, except that money may not be allocated for the
113	122		Texas alternative fueling facilities program for the state fiscal
114	123		year ending August 31, 2019;
115	124		(7) not more than $750,000 may be used each year to
116	125		support research related to air quality as provided by Chapter 387;
117	126		(8) not more than $200,000 may be used for a health
118	127		effects study;
119	128		(9) at least $6 million but not more than $16 [$8]
120	129		million may be used by [is allocated to] the commission for
121	130		administrative costs, including all direct and indirect costs for
122	131		administering the plan, costs for conducting outreach and education
123	132		activities, and costs attributable to the review or approval of
124	133		applications for marketable emissions reduction credits;
125	134		(10) six percent may be used by the commission for the
126	135		seaport and rail yard areas emissions reduction program established
127	136		under Subchapter D-1;
128	137		(11) five percent may be used for the light-duty motor
129	138		vehicle purchase or lease incentive program established under
130	139		Subchapter D;
131	140		(12) not more than $216,000 may be used by [is
132	141		allocated to] the commission to contract with the Energy Systems
133	142		Laboratory at the Texas A&M Engineering Experiment Station annually
134	143		for the development and annual computation of creditable statewide
135	144		emissions reductions obtained through wind and other renewable
136	145		energy resources for the state implementation plan;
137	146		(13) not more than $500,000 may be used for studies of
138	147		or pilot programs for incentives for port authorities located in
139	148		nonattainment areas or affected counties to encourage cargo
140	149		movement that reduces emissions of nitrogen oxides and particulate
141	150		matter; and
142	151		(14) the balance is to be used by the commission for
143	152		the diesel emissions reduction incentive program under Subchapter C
144	153		as determined by the commission.
145	154		(b) Money in the fund and account may be used by the
146	155		commission for programs under Sections 386.051(b)(13), (b)(14),
147	156		and (b-1) [as may be appropriated for those programs].
148	157		(e) Money in the fund and account may be used [allocated]
149	158		for administrative costs incurred by the Energy Systems Laboratory
150	159		at the Texas A&M Engineering Experiment Station [as may be
151	160		appropriated by the legislature].
152	161		(f) Not [To the extent that money is appropriated from the
153	162		fund for that purpose, not] more than $2.5 million from the fund and
154	163		account may be used by the commission to conduct research and other
155	164		activities associated with making any necessary demonstrations to
156	165		the United States Environmental Protection Agency to account for
157	166		the impact of foreign emissions or an exceptional event.
158	167		(g) The [To the extent that money is appropriated from the
159	168		fund for that purpose, the] commission may use [that] money from the
160	169		fund and account to award grants under the governmental alternative
161	170		fuel fleet grant program established under Chapter 395, except that
162	171		the commission may not use for that purpose more than three percent
163	172		of the balance of the fund as of September 1 of each state fiscal
164	173		year of the biennium for the governmental alternative fuel fleet
165	174		grant program in that fiscal year.
166	175		(h) Subject to the limitations outlined in this section [and
167	176		any additional limitations placed on the use of the appropriated
168	177		funds], money allocated under this section to a particular program
169	178		may be used for another program under the plan as determined by the
170	179		commission, based on demand for grants for eligible projects under
171	180		particular programs after the commission solicits projects to which
172	181		to award grants according to the initial allocation provisions of
173	182		this section.
174	183		SECTION 1.08. Section 395.011, Health and Safety Code, is
175	184		amended to read as follows:
176	185		Sec. 395.011. FUNDING. The legislature may appropriate
177	186		money to the commission from the Texas emissions reduction plan
178	187		account [fund] established under Section 386.251 to administer the
179	188		program.
180	189		SECTION 1.09. The amendments to Section 386.251, Health and
181	190		Safety Code, made by this article do not affect the balance of the
182	191		Texas Emissions Reduction Plan Account No. 5071 remaining on
183		-	September 1, 2021.
184		-	SECTION 1.10. This article takes effect September 1, 2021.
	192	+	September 1, 2019.
185	193		ARTICLE 2. FUNDING SOURCES
186	194		SECTION 2.01. Section 151.0515(d), Tax Code, is amended to
187	195		read as follows:
188	196		(d) This section expires on the last day of the state fiscal
189	197		biennium during which the Texas Commission on Environmental Quality
190	198		publishes in the Texas Register the notice required by Section
191	199		382.037, Health and Safety Code [August 31, 2019].
192	200		SECTION 2.02. Section 152.0215(c), Tax Code, is amended to
193	201		read as follows:
194	202		(c) This section expires on the last day of the state fiscal
195	203		biennium during which the Texas Commission on Environmental Quality
196	204		publishes in the Texas Register the notice required by Section
197	205		382.037, Health and Safety Code [August 31, 2019].
198	206		SECTION 2.03. Section 501.138(b-3), Transportation Code,
199	207		is amended to read as follows:
200	208		(b-3) This subsection and Subsection (b-2) expire on the
201	209		last day of the state fiscal biennium during which the Texas
202	210		Commission on Environmental Quality publishes in the Texas Register
203	211		the notice required by Section 382.037, Health and Safety Code
204	212		[August 31, 2019].
205	213		SECTION 2.04. Section 502.358(c), Transportation Code, is
206	214		amended to read as follows:
207	215		(c) This section expires on the last day of the state fiscal
208	216		biennium during which the Texas Commission on Environmental Quality
209	217		publishes in the Texas Register the notice required by Section
210	218		382.037, Health and Safety Code [August 31, 2019].
211	219		SECTION 2.05. The heading to Section 548.5055,
212	220		Transportation Code, is amended to read as follows:
213	221		Sec. 548.5055. TEXAS EMISSIONS [EMISSION] REDUCTION PLAN
214	222		FEE.
215	223		SECTION 2.06. Sections 548.5055(b) and (c), Transportation
216	224		Code, are amended to read as follows:
217	225		(b) The department shall remit fees collected under this
218	226		section to the comptroller at the time and in the manner prescribed
219	227		by the comptroller for deposit in the Texas emissions [emission]
220	228		reduction plan fund.
221	229		(c) This section expires on the last day of the state fiscal
222	230		biennium during which the conservation commission publishes in the
223	231		Texas Register the notice required by Section 382.037, Health and
224	232		Safety Code [August 31, 2019].
225	233		SECTION 2.07. Sections 8(a-2) and (b), Chapter 755 (S.B.
226	234		1731), Acts of the 85th Legislature, Regular Session, 2017, are
227	235		repealed.
	236	+	SECTION 2.08. This article takes effect August 30, 2019.
228	237		ARTICLE 3. EFFECTIVE DATE
229	238		SECTION 3.01. Except as otherwise provided by this Act,
230		-	this Act takes effect August 30, 2019.
231		-	______________________________ ______________________________
232		-	President of the Senate Speaker of the House
233		-	I certify that H.B. No. 3745 was passed by the House on May 2,
234		-	2019, by the following vote: Yeas 139, Nays 0, 1 present, not
235		-	voting; that the House refused to concur in Senate amendments to
236		-	H.B. No. 3745 on May 23, 2019, and requested the appointment of a
237		-	conference committee to consider the differences between the two
238		-	houses; and that the House adopted the conference committee report
239		-	on H.B. No. 3745 on May 26, 2019, by the following vote: Yeas 145,
240		-	Nays 1, 1 present, not voting.
241		-	______________________________
242		-	Chief Clerk of the House
243		-	I certify that H.B. No. 3745 was passed by the Senate, with
244		-	amendments, on May 22, 2019, by the following vote: Yeas 27, Nays
245		-	4; at the request of the House, the Senate appointed a conference
246		-	committee to consider the differences between the two houses; and
247		-	that the Senate adopted the conference committee report on H.B. No.
248		-	3745 on May 26, 2019, by the following vote: Yeas 30, Nays 1.
249		-	______________________________
250		-	Secretary of the Senate
251		-	APPROVED: __________________
252		-	Date
253		-	__________________
254		-	Governor
	239	+	this Act takes effect September 1, 2019.
	240	+	* * * * *