1 | 1 | | 86R4190 JRR-D |
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2 | 2 | | By: Murphy H.B. No. 889 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the repeal of the light-duty motor vehicle purchase or |
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8 | 8 | | lease incentive program. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Sections 2158.001(3) and (4), Government Code, |
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11 | 11 | | are amended to read as follows: |
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12 | 12 | | (3) "Light-duty motor vehicle" has the meaning |
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13 | 13 | | assigned by Section 392.001 [386.151], Health and Safety Code. |
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14 | 14 | | (4) "Motor vehicle" has the meaning assigned by |
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15 | 15 | | Section 392.001 [386.151], Health and Safety Code. |
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16 | 16 | | SECTION 2. Section 386.051(b), Health and Safety Code, is |
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17 | 17 | | amended to read as follows: |
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18 | 18 | | (b) Under the plan, the commission and the comptroller shall |
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19 | 19 | | provide grants or other funding for: |
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20 | 20 | | (1) the diesel emissions reduction incentive program |
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21 | 21 | | established under Subchapter C, including for infrastructure |
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22 | 22 | | projects established under that subchapter; |
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23 | 23 | | (2) [the motor vehicle purchase or lease incentive |
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24 | 24 | | program established under Subchapter D; |
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25 | 25 | | [(3)] the air quality research support program |
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26 | 26 | | established under Chapter 387; |
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27 | 27 | | (3) [(4)] the clean school bus program established |
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28 | 28 | | under Chapter 390; |
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29 | 29 | | (4) [(5)] the new technology implementation grant |
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30 | 30 | | program established under Chapter 391; |
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31 | 31 | | (5) [(6)] the regional air monitoring program |
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32 | 32 | | established under Section 386.252(a); |
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33 | 33 | | (6) [(7)] a health effects study as provided by |
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34 | 34 | | Section 386.252(a); |
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35 | 35 | | (7) [(8)] air quality planning activities as provided |
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36 | 36 | | by Section 386.252(d); |
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37 | 37 | | (8) [(9)] a contract with the Energy Systems |
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38 | 38 | | Laboratory at the Texas A&M Engineering Experiment Station for |
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39 | 39 | | computation of creditable statewide emissions reductions as |
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40 | 40 | | provided by Section 386.252(a); |
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41 | 41 | | (9) [(10)] the Texas clean fleet program established |
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42 | 42 | | under Chapter 392; |
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43 | 43 | | (10) [(11)] the Texas alternative fueling facilities |
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44 | 44 | | program established under Chapter 393; |
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45 | 45 | | (11) [(12)] the Texas natural gas vehicle grant |
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46 | 46 | | program established under Chapter 394; |
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47 | 47 | | (12) [(13)] other programs the commission may develop |
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48 | 48 | | that lead to reduced emissions of nitrogen oxides, particulate |
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49 | 49 | | matter, or volatile organic compounds in a nonattainment area or |
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50 | 50 | | affected county; |
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51 | 51 | | (13) [(14)] other programs the commission may develop |
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52 | 52 | | that support congestion mitigation to reduce mobile source ozone |
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53 | 53 | | precursor emissions; |
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54 | 54 | | (14) [(15)] the seaport and rail yard areas emissions |
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55 | 55 | | reduction program established under Subchapter D-1; |
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56 | 56 | | (15) [(16)] conducting research and other activities |
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57 | 57 | | associated with making any necessary demonstrations to the United |
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58 | 58 | | States Environmental Protection Agency to account for the impact of |
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59 | 59 | | foreign emissions or an exceptional event; |
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60 | 60 | | (16) [(17)] studies of or pilot programs for |
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61 | 61 | | incentives for port authorities located in nonattainment areas or |
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62 | 62 | | affected counties as provided by Section 386.252(a); and |
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63 | 63 | | (17) [(18)] the governmental alternative fuel fleet |
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64 | 64 | | grant program established under Chapter 395. |
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65 | 65 | | SECTION 3. Sections 386.252(a) and (b), Health and Safety |
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66 | 66 | | Code, are amended to read as follows: |
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67 | 67 | | (a) Money in the fund may be used only to implement and |
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68 | 68 | | administer programs established under the plan. Subject to the |
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69 | 69 | | reallocation of funds by the commission under Subsection (h), money |
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70 | 70 | | appropriated to the commission to be used for the programs under |
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71 | 71 | | Section 386.051(b) shall initially be allocated as follows: |
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72 | 72 | | (1) four percent may be used for the clean school bus |
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73 | 73 | | program under Chapter 390; |
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74 | 74 | | (2) three percent may be used for the new technology |
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75 | 75 | | implementation grant program under Chapter 391, from which at least |
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76 | 76 | | $1 million will be set aside for electricity storage projects |
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77 | 77 | | related to renewable energy; |
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78 | 78 | | (3) five percent may be used for the Texas clean fleet |
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79 | 79 | | program under Chapter 392; |
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80 | 80 | | (4) not more than $3 million may be used by the |
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81 | 81 | | commission to fund a regional air monitoring program in commission |
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82 | 82 | | Regions 3 and 4 to be implemented under the commission's oversight, |
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83 | 83 | | including direction regarding the type, number, location, and |
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84 | 84 | | operation of, and data validation practices for, monitors funded by |
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85 | 85 | | the program through a regional nonprofit entity located in North |
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86 | 86 | | Texas having representation from counties, municipalities, higher |
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87 | 87 | | education institutions, and private sector interests across the |
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88 | 88 | | area; |
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89 | 89 | | (5) 10 percent may be used for the Texas natural gas |
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90 | 90 | | vehicle grant program under Chapter 394; |
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91 | 91 | | (6) not more than $6 million may be used for the Texas |
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92 | 92 | | alternative fueling facilities program under Chapter 393, of which |
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93 | 93 | | a specified amount may be used for fueling stations to provide |
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94 | 94 | | natural gas fuel, except that money may not be allocated for the |
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95 | 95 | | Texas alternative fueling facilities program for the state fiscal |
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96 | 96 | | year ending August 31, 2019; |
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97 | 97 | | (7) not more than $750,000 may be used each year to |
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98 | 98 | | support research related to air quality as provided by Chapter 387; |
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99 | 99 | | (8) not more than $200,000 may be used for a health |
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100 | 100 | | effects study; |
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101 | 101 | | (9) at least $6 million but not more than $8 million is |
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102 | 102 | | allocated to the commission for administrative costs, including all |
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103 | 103 | | direct and indirect costs for administering the plan, costs for |
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104 | 104 | | conducting outreach and education activities, and costs |
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105 | 105 | | attributable to the review or approval of applications for |
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106 | 106 | | marketable emissions reduction credits; |
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107 | 107 | | (10) six percent may be used by the commission for the |
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108 | 108 | | seaport and rail yard areas emissions reduction program established |
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109 | 109 | | under Subchapter D-1; |
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110 | 110 | | (11) [five percent may be used for the light-duty |
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111 | 111 | | motor vehicle purchase or lease incentive program established under |
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112 | 112 | | Subchapter D; |
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113 | 113 | | [(12)] not more than $216,000 is allocated to the |
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114 | 114 | | commission to contract with the Energy Systems Laboratory at the |
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115 | 115 | | Texas A&M Engineering Experiment Station annually for the |
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116 | 116 | | development and annual computation of creditable statewide |
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117 | 117 | | emissions reductions obtained through wind and other renewable |
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118 | 118 | | energy resources for the state implementation plan; |
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119 | 119 | | (12) [(13)] not more than $500,000 may be used for |
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120 | 120 | | studies of or pilot programs for incentives for port authorities |
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121 | 121 | | located in nonattainment areas or affected counties to encourage |
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122 | 122 | | cargo movement that reduces emissions of nitrogen oxides and |
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123 | 123 | | particulate matter; and |
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124 | 124 | | (13) [(14)] the balance is to be used by the |
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125 | 125 | | commission for the diesel emissions reduction incentive program |
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126 | 126 | | under Subchapter C as determined by the commission. |
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127 | 127 | | (b) Money in the fund may be used by the commission for |
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128 | 128 | | programs under Sections 386.051(b)(12), (b)(13) [386.051(b)(13), |
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129 | 129 | | (b)(14)], and (b-1) as may be appropriated for those programs. |
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130 | 130 | | SECTION 4. Sections 392.001(6) and (7), Health and Safety |
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131 | 131 | | Code, are amended to read as follows: |
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132 | 132 | | (6) "Light-duty motor vehicle" means a motor vehicle |
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133 | 133 | | with a gross vehicle weight rating of less than 10,000 pounds [has |
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134 | 134 | | the meaning assigned by Section 386.151]. |
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135 | 135 | | (7) "Motor vehicle" means a self-propelled device |
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136 | 136 | | designed for transporting persons or property on a public highway |
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137 | 137 | | that is required to be registered under Chapter 502, Transportation |
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138 | 138 | | Code [has the meaning assigned by Section 386.151]. |
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139 | 139 | | SECTION 5. Section 394.001(7), Health and Safety Code, is |
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140 | 140 | | amended to read as follows: |
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141 | 141 | | (7) "Motor vehicle" has the meaning assigned by |
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142 | 142 | | Section 392.001 [386.151]. |
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143 | 143 | | SECTION 6. Subchapter D, Chapter 386, Health and Safety |
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144 | 144 | | Code, is repealed. |
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145 | 145 | | SECTION 7. The repeal by this Act of Subchapter D, Chapter |
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146 | 146 | | 386, Health and Safety Code, does not apply to a grant issued under |
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147 | 147 | | that subchapter before the effective date of this Act. A grant |
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148 | 148 | | issued under Subchapter D, Chapter 386, Health and Safety Code, |
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149 | 149 | | before the effective date of this Act is governed by that subchapter |
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150 | 150 | | as it existed immediately before the effective date of this Act, and |
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151 | 151 | | the former law is continued in effect for that purpose. |
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152 | 152 | | SECTION 8. This Act takes effect September 1, 2019. |
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