Texas 2021 - 87th Regular

Texas House Bill HB2468 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R16682 JRR-F
2		-	By: Thompson of Brazoria, Zwiener, Ramos H.B. No. 2468
	2	+	By: Thompson of Brazoria H.B. No. 2468
	3	+	Substitute the following for H.B. No. 2468:
	4	+	By: Kuempel C.S.H.B. No. 2468
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to programs established and funded under the Texas
8	10		emissions reduction plan.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Section 386.051(b), Health and Safety Code, is
11	13		amended to read as follows:
12	14		(b) Under the plan, the commission and the comptroller shall
13	15		provide grants or other funding for:
14	16		(1) the diesel emissions reduction incentive program
15	17		established under Subchapter C, including for infrastructure
16	18		projects established under that subchapter;
17	19		(2) the motor vehicle purchase or lease incentive
18	20		program established under Subchapter D;
19	21		(3) the air quality research support program
20	22		established under Chapter 387;
21	23		(4) the clean school bus program established under
22	24		Chapter 390;
23	25		(5) the new technology implementation grant program
24	26		established under Chapter 391;
25	27		(6) the regional air monitoring program established
26	28		under Section 386.252(a);
27	29		(7) a health effects study as provided by Section
28	30		386.252(a);
29	31		(8) air quality planning activities as provided by
30	32		Section 386.252(d);
31	33		(9) a contract with the Energy Systems Laboratory at
32	34		the Texas A&M Engineering Experiment Station for computation of
33	35		creditable statewide emissions reductions as provided by Section
34	36		386.252(a);
35	37		(10) the Texas clean fleet program established under
36	38		Chapter 392;
37	39		(11) the Texas alternative fueling facilities program
38	40		established under Chapter 393;
39	41		(12) the Texas natural gas vehicle grant program
40	42		established under Chapter 394;
41	43		(13) other programs the commission may develop that
42	44		lead to reduced emissions of nitrogen oxides, particulate matter,
43	45		or volatile organic compounds in a nonattainment area or affected
44	46		county;
45	47		(14) other programs the commission may develop that
46	48		support congestion mitigation to reduce mobile source ozone
47	49		precursor emissions;
48	50		(15) the seaport and rail yard areas emissions
49	51		reduction program established under Subchapter D-1;
50	52		(16) conducting research and other activities
51	53		associated with making any necessary demonstrations to the United
52	54		States Environmental Protection Agency to account for the impact of
53	55		foreign emissions or an exceptional event;
54	56		(17) studies of or pilot programs for incentives for
55	57		port authorities located in nonattainment areas or affected
56	58		counties as provided by Section 386.252(a); [and]
57	59		(18) the governmental alternative fuel fleet grant
58	60		program established under Chapter 395;
59	61		(19) the purchase, maintenance, upgrade, and
60	62		operation of air monitoring equipment as provided by Section
61	63		386.252(a); and
62	64		(20) fee-based contracts entered into under the
63	65		program established under Section 386.058.
64	66		SECTION 2. Subchapter B, Chapter 386, Health and Safety
65	67		Code, is amended by adding Section 386.058 to read as follows:
66	68		Sec. 386.058. FEE-BASED CONTRACTS FOR PURCHASE OF
67	69		REDUCTIONS IN EMISSIONS OF NITROGEN OXIDES. (a) The commission by
68	70		rule shall establish a program authorizing the commission to enter
69	71		into fee-based contracts for the purchase of reductions in
70	72		emissions of nitrogen oxides.
71	73		(b) The program established under this section must:
72	74		(1) specify the types of projects that are eligible
73	75		for fee-based contracts under the program, such as marine emission
74	76		capture systems;
75	77		(2) measure nitrogen oxides emissions input and output
76	78		on a continuous basis;
77	79		(3) require nitrogen oxides emissions reduced under
78	80		the contract to be verified and certified by the commission;
79	81		(4) assign a dollar per ton fee based solely on the
80	82		dollar per ton cost of the reduction in emissions of nitrogen
81	83		oxides;
82	84		(5) require payments under the contract to be made
83	85		only for actual reductions in nitrogen oxides emissions that are
84	86		verified by the commission; and
85	87		(6) authorize the commission to enter into multiyear
86	88		contracts under the program.
87	89		(c) Notwithstanding Section 386.055:
88	90		(1) the commission may enter into a fee-based contract
89	91		under the program established under this section for a project
90	92		involving a new emissions reduction measure that would otherwise
91	93		generate marketable credits under a state or federal emissions
92	94		reduction credit averaging, banking, or trading program if, during
93	95		the term of the contract, the project is not used for credit under
94	96		any state or federal emissions reduction credit averaging, banking,
95	97		or trading program; and
96	98		(2) a project that was subject to a fee-based contract
97	99		under the program established under this section may be used for
98	100		credit under a state or federal emissions reduction credit
99	101		averaging, banking, or trading program if:
100	102		(A) the contract has expired or otherwise
101	103		terminated and the project is not subject to any other fee-based
102	104		contract entered into under the program established under this
103	105		section; and
104	106		(B) the project otherwise meets the requirements
105	107		of the applicable state or federal emissions reduction credit
106	108		averaging, banking, or trading program.
107	109		SECTION 3. Sections 386.252(a) and (f), Health and Safety
108	110		Code, as effective September 1, 2021, are amended to read as
109	111		follows:
110	112		(a) Money in the fund and account may be used only to
111	113		implement and administer programs established under the plan.
112	114		Subject to the reallocation of funds by the commission under
113	115		Subsection (h), money from the fund and account to be used for the
114	116		programs under Section 386.051(b) shall initially be allocated as
115	117		follows:
116	118		(1) four percent may be used for the clean school bus
117	119		program under Chapter 390;
118	120		(2) three percent may be used for the new technology
119	121		implementation grant program under Chapter 391, from which at least
120	122		$1 million will be set aside for electricity storage projects
121	123		related to renewable energy;
122	124		(3) five percent may be used for the Texas clean fleet
123	125		program under Chapter 392;
124	126		(4) not more than $3 million may be used by the
125	127		commission to fund a regional air monitoring program in commission
126	128		Regions 3 and 4 to be implemented under the commission's oversight,
127	129		including direction regarding the type, number, location, and
128	130		operation of, and data validation practices for, monitors funded by
129	131		the program through a regional nonprofit entity located in North
130	132		Texas having representation from counties, municipalities, higher
131	133		education institutions, and private sector interests across the
132	134		area;
133	135		(5) 10 percent may be used for the Texas natural gas
134	136		vehicle grant program under Chapter 394;
135	137		(6) not more than $6 million may be used for the Texas
136	138		alternative fueling facilities program under Chapter 393, of which
137	139		a specified amount may be used for fueling stations to provide
138	140		natural gas fuel, except that money may not be allocated for the
139	141		Texas alternative fueling facilities program for the state fiscal
140	142		year ending August 31, 2019;
141	143		(7) not more than $1 million [$750,000] may be used
142	144		each year to support research related to air quality as provided by
143	145		Chapter 387;
144	146		(8) not more than $200,000 may be used for a health
145	147		effects study;
146	148		(9) at least $6 million but not more than $16 million
147	149		may be used by the commission for administrative costs, including
148	150		all direct and indirect costs for administering the plan, costs for
149	151		conducting outreach and education activities, and costs
150	152		attributable to the review or approval of applications for
151	153		marketable emissions reduction credits;
152	154		(10) six percent may be used by the commission for the
153	155		seaport and rail yard areas emissions reduction program established
154	156		under Subchapter D-1;
155	157		(11) five percent may be used for the light-duty motor
156	158		vehicle purchase or lease incentive program established under
157	159		Subchapter D;
158	160		(12) not more than $216,000 may be used by the
159	161		commission to contract with the Energy Systems Laboratory at the
160	162		Texas A&M Engineering Experiment Station annually for the
161	163		development and annual computation of creditable statewide
162	164		emissions reductions obtained through wind and other renewable
163	165		energy resources for the state implementation plan;
164	166		(13) not more than $500,000 may be used for studies of
165	167		or pilot programs for incentives for port authorities located in
166	168		nonattainment areas or affected counties to encourage cargo
167	169		movement that reduces emissions of nitrogen oxides and particulate
168	170		matter; [and]
169	171		(14) not more than $10 million may be used by the
170	172		commission for the purchase, maintenance, upgrade, and operation of
171	173		air monitoring equipment to be used in nonattainment areas and
172	174		affected counties; and
173	175		(15) the balance is to be used by the commission for:
174	176		(A) the diesel emissions reduction incentive
175	177		program under Subchapter C as determined by the commission; and
176	178		(B) fee-based contracts entered into under the
177	179		program established under Section 386.058.
178	180		(f) Not more than $5 [$2.5] million from the fund and
179	181		account may be used by the commission to conduct research and other
180	182		activities associated with making any necessary demonstrations to
181	183		the United States Environmental Protection Agency to account for
182	184		the impact of foreign emissions or an exceptional event.
183	185		SECTION 4. This Act takes effect September 1, 2021.