87R7546 TYPED
By: Thompson of Brazoria H.B. No. 2140
A BILL TO BE ENTITLED
AN ACT
relating to the administration of and funding for the Texas
emissions reduction plan.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 386.104(c-1), Health and Safety Code, is
amended to read as follows:
(c-1) For a proposed project involving a marine vessel or
engine, the vessel or engine must be operated in the [intercoastal]
waterways or bays adjacent to a nonattainment area or affected
county of this state for no less than [a sufficient] amount of time
over the lifetime of the project [as determined by the commission,]
to meet the cost-effectiveness requirements of Section 386.105.
SECTION 2. Section 386.116(a), Health and Safety Code, is
amended to read as follows:
(a) In this section, "small business" means a business owned
by a person who:
(1) owns and operates not more than six [five]
vehicles, one of which is:
(A) an on-road diesel; or
(B) a non-road diesel; and
(2) has owned the vehicle described by Subdivision
(1)(A) or (B) for more than two years.
SECTION 3. Section 386.252, Health and Safety Code, is
amended by amending Subsection (a) to read as follows:
Sec. 386.252. USE OF FUND AND ACCOUNT. (a) Money in the
fund and account 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 from the fund
and account 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) four [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) four [five] percent may be used for the 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 $16 million
may be used by 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 may be used by 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;
(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
(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.
SECTION 4. Section 151.0515(b), Tax Code, is amended to
read as follows:
(b) In each county in this state, a surcharge is imposed on
the retail sale, lease, or rental of new or used equipment in an
amount equal to 1 [1.5] percent of the sale price or the lease or
rental amount.
SECTION 5. The changes in law made by this Act apply only to
a Texas emissions reduction plan grant awarded on or after the
effective date of this Act. A grant awarded before the effective
date of this Act is governed by the law in effect on the date the
award was made, and the former law is continued in effect for that
purpose.
SECTION 6. This Act takes effect September 1, 2021.