Texas 2021 - 87th Regular

Texas House Bill HB4384 Compare Versions

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

Old	New	Differences
1	1	87R9425 JXC-D
2	2	By: Hefner H.B. No. 4384
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the replacement of the light-duty motor vehicle
8	8	purchase or lease incentive program with the gas flaring and
9	9	venting reduction program.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 2158.001(3) and (4), Government Code,
12	12	are amended to read as follows:
13	13	(3) "Light-duty motor vehicle" has the meaning
14	14	assigned by Section 392.001 [386.151], Health and Safety Code.
15	15	(4) "Motor vehicle" has the meaning assigned by
16	16	Section 392.001 [386.151], Health and Safety Code.
17	17	SECTION 2. Section 386.051(b), Health and Safety Code, is
18	18	amended to read as follows:
19	19	(b) Under the plan, the commission and the comptroller shall
20	20	provide grants or other funding for:
21	21	(1) the diesel emissions reduction incentive program
22	22	established under Subchapter C, including for infrastructure
23	23	projects established under that subchapter;
24	24	(2) the gas flaring and venting reduction [motor
25	25	vehicle purchase or lease incentive] program established under
26	26	Subchapter D;
27	27	(3) the air quality research support program
28	28	established under Chapter 387;
29	29	(4) the clean school bus program established under
30	30	Chapter 390;
31	31	(5) the new technology implementation grant program
32	32	established under Chapter 391;
33	33	(6) the regional air monitoring program established
34	34	under Section 386.252(a);
35	35	(7) a health effects study as provided by Section
36	36	386.252(a);
37	37	(8) air quality planning activities as provided by
38	38	Section 386.252(d);
39	39	(9) a contract with the Energy Systems Laboratory at
40	40	the Texas A&M Engineering Experiment Station for computation of
41	41	creditable statewide emissions reductions as provided by Section
42	42	386.252(a);
43	43	(10) the clean fleet program established under Chapter
44	44	392;
45	45	(11) the alternative fueling facilities program
46	46	established under Chapter 393;
47	47	(12) the natural gas vehicle grant program established
48	48	under Chapter 394;
49	49	(13) other programs the commission may develop that
50	50	lead to reduced emissions of nitrogen oxides, particulate matter,
51	51	or volatile organic compounds in a nonattainment area or affected
52	52	county;
53	53	(14) other programs the commission may develop that
54	54	support congestion mitigation to reduce mobile source ozone
55	55	precursor emissions;
56	56	(15) the seaport and rail yard areas emissions
57	57	reduction program established under Subchapter D-1;
58	58	(16) conducting research and other activities
59	59	associated with making any necessary demonstrations to the United
60	60	States Environmental Protection Agency to account for the impact of
61	61	foreign emissions or an exceptional event;
62	62	(17) studies of or pilot programs for incentives for
63	63	port authorities located in nonattainment areas or affected
64	64	counties as provided by Section 386.252(a); and
65	65	(18) the governmental alternative fuel fleet grant
66	66	program established under Chapter 395.
67	67	SECTION 3. The heading to Subchapter D, Chapter 386, Health
68	68	and Safety Code, is amended to read as follows:
69	69	SUBCHAPTER D. GAS FLARING AND VENTING REDUCTION [MOTOR VEHICLE
70	70	PURCHASE OR LEASE INCENTIVE] PROGRAM
71	71	SECTION 4. Section 386.151, Health and Safety Code, is
72	72	amended to read as follows:
73	73	Sec. 386.151. DEFINITIONS. In this subchapter:
74	74	(1) "Flare" means to burn a flare to consume gas that
75	75	otherwise would be permitted to escape into the open air from a well
76	76	producing oil or gas ["Light-duty motor vehicle" means a motor
77	77	vehicle with a gross vehicle weight rating of less than 10,000
78	78	pounds].
79	79	(2) "Vent" means to vent gas into the open air from a
80	80	well producing oil or gas ["Motor vehicle" means a self-propelled
81	81	device designed for transporting persons or property on a public
82	82	highway that is required to be registered under Chapter 502,
83	83	Transportation Code].
84	84	SECTION 5. Subchapter D, Chapter 386, Health and Safety
85	85	Code, is amended by adding Section 386.1511 to read as follows:
86	86	Sec. 386.1511. REBATES FOR GAS FLARING AND VENTING
87	87	REDUCTION TECHNOLOGY. (a) The commission shall:
88	88	(1) develop a grant program to encourage the purchase
89	89	and use of technology that reduces the need to flare or vent gas
90	90	from a well producing oil or gas;
91	91	(2) publish a list of types of technology eligible for
92	92	grants under this subchapter; and
93	93	(3) adopt rules necessary to implement the program.
94	94	(b) The commission shall:
95	95	(1) award grants under this subchapter in the form of
96	96	rebates;
97	97	(2) assign a rebate amount or percentage for each type
98	98	of technology eligible for a rebate; and
99	99	(3) allow for processing rebates on an ongoing
100	100	first-come, first-served basis.
101	101	(c) The commission may administer the rebate grants or may
102	102	designate another entity to administer the grants.
103	103	SECTION 6. Section 386.252(a), Health and Safety Code, as
104	104	effective September 1, 2021, is amended to read as follows:
105	105	(a) Money in the fund and account may be used only to
106	106	implement and administer programs established under the plan.
107	107	Subject to the reallocation of funds by the commission under
108	108	Subsection (h), money from the fund and account to be used for the
109	109	programs under Section 386.051(b) shall initially be allocated as
110	110	follows:
111	111	(1) four percent may be used for the clean school bus
112	112	program under Chapter 390;
113	113	(2) three percent may be used for the new technology
114	114	implementation grant program under Chapter 391, from which at least
115	115	$1 million will be set aside for electricity storage projects
116	116	related to renewable energy;
117	117	(3) five percent may be used for the Texas clean fleet
118	118	program under Chapter 392;
119	119	(4) not more than $3 million may be used by the
120	120	commission to fund a regional air monitoring program in commission
121	121	Regions 3 and 4 to be implemented under the commission's oversight,
122	122	including direction regarding the type, number, location, and
123	123	operation of, and data validation practices for, monitors funded by
124	124	the program through a regional nonprofit entity located in North
125	125	Texas having representation from counties, municipalities, higher
126	126	education institutions, and private sector interests across the
127	127	area;
128	128	(5) 10 percent may be used for the Texas natural gas
129	129	vehicle grant program under Chapter 394;
130	130	(6) not more than $6 million may be used for the Texas
131	131	alternative fueling facilities program under Chapter 393, of which
132	132	a specified amount may be used for fueling stations to provide
133	133	natural gas fuel, except that money may not be allocated for the
134	134	Texas alternative fueling facilities program for the state fiscal
135	135	year ending August 31, 2019;
136	136	(7) not more than $750,000 may be used each year to
137	137	support research related to air quality as provided by Chapter 387;
138	138	(8) not more than $200,000 may be used for a health
139	139	effects study;
140	140	(9) at least $6 million but not more than $16 million
141	141	may be used by the commission for administrative costs, including
142	142	all direct and indirect costs for administering the plan, costs for
143	143	conducting outreach and education activities, and costs
144	144	attributable to the review or approval of applications for
145	145	marketable emissions reduction credits;
146	146	(10) six percent may be used by the commission for the
147	147	seaport and rail yard areas emissions reduction program established
148	148	under Subchapter D-1;
149	149	(11) five percent may be used for the gas flaring and
150	150	venting reduction [light-duty motor vehicle purchase or lease
151	151	incentive] program established under Subchapter D;
152	152	(12) not more than $216,000 may be used by the
153	153	commission to contract with the Energy Systems Laboratory at the
154	154	Texas A&M Engineering Experiment Station annually for the
155	155	development and annual computation of creditable statewide
156	156	emissions reductions obtained through wind and other renewable
157	157	energy resources for the state implementation plan;
158	158	(13) not more than $500,000 may be used for studies of
159	159	or pilot programs for incentives for port authorities located in
160	160	nonattainment areas or affected counties to encourage cargo
161	161	movement that reduces emissions of nitrogen oxides and particulate
162	162	matter; and
163	163	(14) the balance is to be used by the commission for
164	164	the diesel emissions reduction incentive program under Subchapter C
165	165	as determined by the commission.
166	166	SECTION 7. Sections 392.001(6) and (7), Health and Safety
167	167	Code, are amended to read as follows:
168	168	(6) "Light-duty motor vehicle" means a motor vehicle
169	169	with a gross vehicle weight rating of less than 10,000 pounds [has
170	170	the meaning assigned by Section 386.151].
171	171	(7) "Motor vehicle" means a self-propelled device
172	172	designed for transporting persons or property on a public highway
173	173	that is required to be registered under Chapter 502, Transportation
174	174	Code [has the meaning assigned by Section 386.151].
175	175	SECTION 8. Section 394.001(7), Health and Safety Code, is
176	176	amended to read as follows:
177	177	(7) "Motor vehicle" has the meaning assigned by
178	178	Section 392.001 [386.151].
179	179	SECTION 9. The following provisions of the Health and
180	180	Safety Code are repealed:
181	181	(1) Section 386.152;
182	182	(2) Section 386.153;
183	183	(3) Section 386.154;
184	184	(4) Section 386.155;
185	185	(5) Section 386.156;
186	186	(6) Section 386.157;
187	187	(7) Section 386.158;
188	188	(8) Section 386.159; and
189	189	(9) Section 386.160.
190	190	SECTION 10. The changes in law made by this Act do not apply
191	191	to a grant issued before the effective date of this Act. A grant
192	192	issued under Subchapter D, Chapter 386, Health and Safety Code,
193	193	before the effective date of this Act is governed by that subchapter
194	194	as it existed immediately before the effective date of this Act, and
195	195	the former law is continued in effect for that purpose.
196	196	SECTION 11. This Act takes effect September 1, 2021.