Texas 2021 - 87th Regular

Texas House Bill HB2140 Compare Versions

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

Old	New	Differences
1	1	87R7546 TYPED
2	2	By: Thompson of Brazoria H.B. No. 2140
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.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 386.104(c-1), Health and Safety Code, is
11	11	amended to read as follows:
12	12	(c-1) For a proposed project involving a marine vessel or
13	13	engine, the vessel or engine must be operated in the [intercoastal]
14	14	waterways or bays adjacent to a nonattainment area or affected
15	15	county of this state for no less than [a sufficient] amount of time
16	16	over the lifetime of the project [as determined by the commission,]
17	17	to meet the cost-effectiveness requirements of Section 386.105.
18	18	SECTION 2. Section 386.116(a), Health and Safety Code, is
19	19	amended to read as follows:
20	20	(a) In this section, "small business" means a business owned
21	21	by a person who:
22	22	(1) owns and operates not more than six [five]
23	23	vehicles, one of which is:
24	24	(A) an on-road diesel; or
25	25	(B) a non-road diesel; and
26	26	(2) has owned the vehicle described by Subdivision
27	27	(1)(A) or (B) for more than two years.
28	28	SECTION 3. Section 386.252, Health and Safety Code, is
29	29	amended by amending Subsection (a) to read as follows:
30	30	Sec. 386.252. USE OF FUND AND ACCOUNT. (a) Money in the
31	31	fund and account may be used only to implement and administer
32	32	programs established under the plan. Subject to the reallocation
33	33	of funds by the commission under Subsection (h), money from the fund
34	34	and account to be used for the programs under Section 386.051(b)
35	35	shall initially be allocated as follows:
36	36	(1) four percent may be used for the clean school bus
37	37	program under Chapter 390;
38	38	(2) four [three] percent may be used for the new
39	39	technology implementation grant program under Chapter 391, from
40	40	which at least $1 million will be set aside for electricity storage
41	41	projects related to renewable energy;
42	42	(3) four [five] percent may be used for the clean fleet
43	43	program under Chapter 392;
44	44	(4) not more than $3 million may be used by the
45	45	commission to fund a regional air monitoring program in commission
46	46	Regions 3 and 4 to be implemented under the commission's oversight,
47	47	including direction regarding the type, number, location, and
48	48	operation of, and data validation practices for, monitors funded by
49	49	the program through a regional nonprofit entity located in North
50	50	Texas having representation from counties, municipalities, higher
51	51	education institutions, and private sector interests across the
52	52	area;
53	53	(5) 10 percent may be used for the Texas natural gas
54	54	vehicle grant program under Chapter 394;
55	55	(6) not more than $6 million may be used for the Texas
56	56	alternative fueling facilities program under Chapter 393, of which
57	57	a specified amount may be used for fueling stations to provide
58	58	natural gas fuel, except that money may not be allocated for the
59	59	Texas alternative fueling facilities program for the state fiscal
60	60	year ending August 31, 2019;
61	61	(7) not more than $750,000 may be used each year to
62	62	support research related to air quality as provided by Chapter 387;
63	63	(8) not more than $200,000 may be used for a health
64	64	effects study;
65	65	(9) at least $6 million but not more than $16 million
66	66	may be used by the commission for administrative costs, including
67	67	all direct and indirect costs for administering the plan, costs for
68	68	conducting outreach and education activities, and costs
69	69	attributable to the review or approval of applications for
70	70	marketable emissions reduction credits;
71	71	(10) six percent may be used by the commission for the
72	72	seaport and rail yard areas emissions reduction program established
73	73	under Subchapter D-1;
74	74	(11) five percent may be used for the light-duty motor
75	75	vehicle purchase or lease incentive program established under
76	76	Subchapter D;
77	77	(12) not more than $216,000 may be used by the
78	78	commission to contract with the Energy Systems Laboratory at the
79	79	Texas A&M Engineering Experiment Station annually for the
80	80	development and annual computation of creditable statewide
81	81	emissions reductions obtained through wind and other renewable
82	82	energy resources for the state implementation plan;
83	83	(13) not more than $500,000 may be used for studies of
84	84	or pilot programs for incentives for port authorities located in
85	85	nonattainment areas or affected counties to encourage cargo
86	86	movement that reduces emissions of nitrogen oxides and particulate
87	87	matter; and
88	88	(14) the balance is to be used by the commission for
89	89	the diesel emissions reduction incentive program under Subchapter C
90	90	as determined by the commission.
91	91	SECTION 4. Section 151.0515(b), Tax Code, is amended to
92	92	read as follows:
93	93	(b) In each county in this state, a surcharge is imposed on
94	94	the retail sale, lease, or rental of new or used equipment in an
95	95	amount equal to 1 [1.5] percent of the sale price or the lease or
96	96	rental amount.
97	97	SECTION 5. The changes in law made by this Act apply only to
98	98	a Texas emissions reduction plan grant awarded on or after the
99	99	effective date of this Act. A grant awarded before the effective
100	100	date of this Act is governed by the law in effect on the date the
101	101	award was made, and the former law is continued in effect for that
102	102	purpose.
103	103	SECTION 6. This Act takes effect September 1, 2021.