By: Watson S.B. No. 1070
(In the Senate - Filed February 25, 2019; March 7, 2019,
read first time and referred to Committee on Natural Resources &
Economic Development; May 6, 2019, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 9,
Nays 2; May 6, 2019, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1070 By: Hinojosa
A BILL TO BE ENTITLED
AN ACT
relating to local initiatives programs under the Texas Clean Air
Act and the repeal of the low-income vehicle repair assistance,
retrofit, and accelerated vehicle retirement program; authorizing
a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 382.201(4), Health and Safety Code, is
amended to read as follows:
(4) "Participating county" means an affected county in
which the commissioners court by resolution has chosen to implement
a local initiatives [low-income vehicle repair assistance,
retrofit, and accelerated vehicle retirement] program authorized
by Section 382.220 [382.209].
SECTION 2. Section 382.202, Health and Safety Code, is
amended by adding Subsection (g-1) to read as follows:
(g-1) The commissioners court of a participating county by
order may impose an additional fee, not to exceed $6, for a vehicle
inspected in the county. A fee imposed under this subsection may
take effect and be removed in accordance with the requirements of
Section 382.220. The additional fee shall be collected for a
vehicle at the same time other fees imposed under this chapter are
collected. The fee revenue collected shall be retained by the
county in a separate account to be used only for the purposes
specified by Section 382.220.
SECTION 3. Section 382.216, Health and Safety Code, is
amended to read as follows:
Sec. 382.216. INCENTIVES FOR VOLUNTARY PARTICIPATION IN
VEHICLE EMISSIONS INSPECTION AND MAINTENANCE PROGRAM. The
commission, the Texas Department of Transportation, and the Public
Safety Commission may, subject to federal limitations:
(1) encourage counties likely to exceed federal clean
air standards to implement voluntary[:
[(A)] motor vehicle emissions inspection and
maintenance programs[; and
[(B) low-income vehicle repair assistance,
retrofit, and accelerated vehicle retirement programs];
(2) establish incentives for counties to voluntarily
implement motor vehicle emissions inspection and maintenance
programs [and low-income vehicle repair assistance, retrofit, and
accelerated vehicle retirement programs]; and
(3) designate a county that voluntarily implements a
motor vehicle emissions inspection and maintenance program [or a
low-income vehicle repair assistance, retrofit, and accelerated
vehicle retirement program] as a "Clean Air County" and give
preference to a county designated as a Clean Air County in any
federal or state clean air grant program.
SECTION 4. Section 382.220, Health and Safety Code, is
amended to read as follows:
Sec. 382.220. [USE OF FUNDING FOR] LOCAL INITIATIVES
PROGRAM [INITIATIVE PROJECTS]. (a) The commission and the Public
Safety Commission by joint rule shall establish and authorize the
commissioners court of an affected county to implement a local
initiatives program subject to agency oversight that may include
reasonable periodic commission audits.
(b) The local initiatives program must be funded with
available money collected under Section 382.202 or 382.302 or other
designated and available money. The program shall be [Money that is
made available to participating counties under Section 382.202(g)
or 382.302 may be appropriated only for programs] administered in
accordance with Chapter 783, Government Code[, to improve air
quality].
(c) A participating county may agree to contract with any
appropriate entity, including a metropolitan planning organization
or a council of governments, to implement a program under Section
382.202[, 382.209,] or this section.
(d) [(b)] A program under this section must be approved by
the commissioners court of the county in which the program is
located [implemented in consultation with the commission] and may
include a program to:
(1) develop and implement projects supporting freeway
incident management and associated first responders [expand and
enhance the AirCheck Texas Repair and Replacement Assistance
Program];
(2) develop and implement programs or systems that
remotely determine vehicle emissions and notify the vehicle's
operator;
(3) develop and implement projects to implement the
commission's smoking vehicle program;
(4) develop and implement projects in consultation
with the director of the Department of Public Safety for
coordinating with local law enforcement officials to reduce the use
of counterfeit registration insignia, temporary registration
plates, and vehicle inspection reports by providing local law
enforcement officials with funds to identify vehicles with
counterfeit registration insignia, temporary registration plates,
and vehicle inspection reports and to carry out appropriate
actions;
(5) develop and implement programs to enhance
transportation system improvements; [or]
(6) develop and implement new air control strategies
designed to assist local areas in complying with state and federal
air quality rules and regulations;
(7) develop and implement regional data collection
efforts for air quality and multimodal transportation data to
improve efficiency of transportation systems; or
(8) establish publicly accessible refueling
infrastructure for alternative fuel vehicles.
(e) [(c) Money that is made available for the
implementation of a program under Subsection (b) may not be
expended for local government fleet or vehicle acquisition or
replacement, call center management, application oversight,
invoice analysis, education, outreach, or advertising purposes.
[(d)] Fees collected under Sections 382.202 and 382.302 may
be used by participating counties [in an amount not to exceed $7
million per fiscal year for projects described by Subsection (b),
of which $2 million may be used] only for projects described by
Subsection (d) [(b)(4)].
(f) The commissioners court of a participating county may
adopt a resolution to end fee collection for the local initiatives
program in the county. The commissioners court shall submit the
resolution to the commission and to the county tax
assessor-collector. The resolution must include a date after which
a fee may not be imposed under Section 382.202 or 382.302 for the
purposes of the county's local initiatives program on vehicles
being inspected or registered in the county. The date must be:
(1) the first day of a month; and
(2) at least 90 days after the date the resolution is
submitted to the commission.
(g) On receipt of a resolution under Subsection (f), the
commission shall notify in writing the Texas Department of Motor
Vehicles, the Department of Public Safety, and the Legislative
Budget Board that a fee may not be imposed under Section 382.202 or
382.302 for the purposes of the county's local initiatives program
on vehicles being inspected or registered in the county after the
date established under Subsection (f).
(h) The commission shall distribute available money
collected under Section 382.202(e) that was designated for the
former low-income vehicle repair assistance, retrofit, and
accelerated vehicle retirement program to counties that
participated in that program. The commission shall distribute the
money in reasonable proportion to the amount of fees collected
under Section 382.202(e) in those counties or in the regions in
which those counties are located. A county that receives money
under this subsection may use the money only to fund a program
authorized by this section. This subsection expires September 1,
2023. [The remaining $5 million may be used for any project
described by Subsection (b). The fees shall be made available only
to counties participating in the low-income vehicle repair
assistance, retrofit, and accelerated vehicle retirement programs
created under Section 382.209 and only on a matching basis, whereby
the commission provides money to a county in the same amount that
the county dedicates to a project authorized by Subsection (b). The
commission may reduce the match requirement for a county that
proposes to develop and implement independent test facility fraud
detection programs, including the use of remote sensing technology
for coordinating with law enforcement officials to detect, prevent,
and prosecute the use of counterfeit registration insignia and
vehicle inspection reports.]
SECTION 5. Section 382.302(e), Health and Safety Code, is
amended to read as follows:
(e) A participating county may participate in a local
initiatives [the] program established under Section 382.220
[382.209].
SECTION 6. The following provisions of the Health and
Safety Code are repealed:
(1) Section 382.003(10-a);
(2) Sections 382.201(5) and (6);
(3) Sections 382.202(g) and 382.205(f); and
(4) Sections 382.209, 382.210, 382.211, 382.212,
382.213, 382.214, and 382.219.
SECTION 7. The Texas Commission on Environmental Quality is
required to implement Section 382.220(h), Health and Safety Code,
as added by this Act, only if the legislature appropriates money
specifically for that purpose. If the legislature does not
appropriate money specifically for that purpose, the commission
may, but is not required to, implement Section 382.220(h), Health
and Safety Code, as added by this Act, using other appropriations
available for that purpose.
SECTION 8. This Act takes effect September 1, 2019.
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