86R4190 JRR-D
By: Murphy H.B. No. 889
A BILL TO BE ENTITLED
AN ACT
relating to the repeal of the light-duty motor vehicle purchase or
lease incentive program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 2158.001(3) and (4), Government Code,
are amended to read as follows:
(3) "Light-duty motor vehicle" has the meaning
assigned by Section 392.001 [386.151], Health and Safety Code.
(4) "Motor vehicle" has the meaning assigned by
Section 392.001 [386.151], Health and Safety Code.
SECTION 2. Section 386.051(b), Health and Safety Code, is
amended to read as follows:
(b) Under the plan, the commission and the comptroller shall
provide grants or other funding for:
(1) the diesel emissions reduction incentive program
established under Subchapter C, including for infrastructure
projects established under that subchapter;
(2) [the motor vehicle purchase or lease incentive
program established under Subchapter D;
[(3)] the air quality research support program
established under Chapter 387;
(3) [(4)] the clean school bus program established
under Chapter 390;
(4) [(5)] the new technology implementation grant
program established under Chapter 391;
(5) [(6)] the regional air monitoring program
established under Section 386.252(a);
(6) [(7)] a health effects study as provided by
Section 386.252(a);
(7) [(8)] air quality planning activities as provided
by Section 386.252(d);
(8) [(9)] a contract with the Energy Systems
Laboratory at the Texas A&M Engineering Experiment Station for
computation of creditable statewide emissions reductions as
provided by Section 386.252(a);
(9) [(10)] the Texas clean fleet program established
under Chapter 392;
(10) [(11)] the Texas alternative fueling facilities
program established under Chapter 393;
(11) [(12)] the Texas natural gas vehicle grant
program established under Chapter 394;
(12) [(13)] other programs the commission may develop
that lead to reduced emissions of nitrogen oxides, particulate
matter, or volatile organic compounds in a nonattainment area or
affected county;
(13) [(14)] other programs the commission may develop
that support congestion mitigation to reduce mobile source ozone
precursor emissions;
(14) [(15)] the seaport and rail yard areas emissions
reduction program established under Subchapter D-1;
(15) [(16)] conducting research and other activities
associated with making any necessary demonstrations to the United
States Environmental Protection Agency to account for the impact of
foreign emissions or an exceptional event;
(16) [(17)] studies of or pilot programs for
incentives for port authorities located in nonattainment areas or
affected counties as provided by Section 386.252(a); and
(17) [(18)] the governmental alternative fuel fleet
grant program established under Chapter 395.
SECTION 3. Sections 386.252(a) and (b), Health and Safety
Code, are amended 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) 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;
(12) [(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
(13) [(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.
(b) Money in the fund may be used by the commission for
programs under Sections 386.051(b)(12), (b)(13) [386.051(b)(13),
(b)(14)], and (b-1) as may be appropriated for those programs.
SECTION 4. Sections 392.001(6) and (7), Health and Safety
Code, are amended to read as follows:
(6) "Light-duty motor vehicle" means a motor vehicle
with a gross vehicle weight rating of less than 10,000 pounds [has
the meaning assigned by Section 386.151].
(7) "Motor vehicle" means a self-propelled device
designed for transporting persons or property on a public highway
that is required to be registered under Chapter 502, Transportation
Code [has the meaning assigned by Section 386.151].
SECTION 5. Section 394.001(7), Health and Safety Code, is
amended to read as follows:
(7) "Motor vehicle" has the meaning assigned by
Section 392.001 [386.151].
SECTION 6. Subchapter D, Chapter 386, Health and Safety
Code, is repealed.
SECTION 7. The repeal by this Act of Subchapter D, Chapter
386, Health and Safety Code, does not apply to a grant issued under
that subchapter before the effective date of this Act. A grant
issued under Subchapter D, Chapter 386, Health and Safety Code,
before the effective date of this Act is governed by that subchapter
as it existed immediately before the effective date of this Act, and
the former law is continued in effect for that purpose.
SECTION 8. This Act takes effect September 1, 2019.