1 | 1 | | By: Gutierrez S.B. No. 622 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | A BILL TO BE ENTITLED |
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5 | 5 | | AN ACT |
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6 | 6 | | relating to the new technology implementation grant program. |
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7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 8 | | SECTION 1. Section 386.252(a), Health and Safety Code, is |
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9 | 9 | | amended to read as follows: |
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10 | 10 | | Sec. 386.252. USE OF FUND. (a) Money in the fund may be |
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11 | 11 | | used only to implement and administer programs established under |
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12 | 12 | | the plan. Subject to the reallocation of funds by the commission |
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13 | 13 | | under Subsection (h), money appropriated to the commission to be |
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14 | 14 | | used for the programs under Section 386.051(b) shall initially be |
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15 | 15 | | allocated as follows: |
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16 | 16 | | (1) four percent may be used for the clean school bus |
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17 | 17 | | program under Chapter 390; |
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18 | 18 | | (2) six [three] percent may be used for the new |
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19 | 19 | | technology implementation grant program under Chapter 391, from |
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20 | 20 | | which at least $1 million will be set aside for electricity storage |
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21 | 21 | | projects related to renewable energy; |
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22 | 22 | | (3) two [five] percent may be used for the clean fleet |
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23 | 23 | | program under Chapter 392; |
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24 | 24 | | (4) not more than $3 million may be used by the |
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25 | 25 | | commission to fund a regional air monitoring program in commission |
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26 | 26 | | Regions 3 and 4 to be implemented under the commission's oversight, |
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27 | 27 | | including direction regarding the type, number, location, and |
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28 | 28 | | operation of, and data validation practices for, monitors funded by |
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29 | 29 | | the program through a regional nonprofit entity located in North |
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30 | 30 | | Texas having representation from counties, municipalities, higher |
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31 | 31 | | education institutions, and private sector interests across the |
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32 | 32 | | area; |
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33 | 33 | | (5) 10 percent may be used for the Texas natural gas |
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34 | 34 | | vehicle grant program under Chapter 394; |
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35 | 35 | | (6) not more than $6 million may be used for the Texas |
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36 | 36 | | alternative fueling facilities program under Chapter 393, of which |
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37 | 37 | | a specified amount may be used for fueling stations to provide |
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38 | 38 | | natural gas fuel, except that money may not be allocated for the |
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39 | 39 | | Texas alternative fueling facilities program for the state fiscal |
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40 | 40 | | year ending August 31, 2019; |
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41 | 41 | | (7) not more than $750,000 may be used each year to |
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42 | 42 | | support research related to air quality as provided by Chapter 387; |
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43 | 43 | | (8) not more than $200,000 may be used for a health |
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44 | 44 | | effects study; |
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45 | 45 | | (9) at least $6 million but not more than $8 million is |
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46 | 46 | | allocated to the commission for administrative costs, including all |
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47 | 47 | | direct and indirect costs for administering the plan, costs for |
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48 | 48 | | conducting outreach and education activities, and costs |
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49 | 49 | | attributable to the review or approval of applications for |
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50 | 50 | | marketable emissions reduction credits; |
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51 | 51 | | (10) six percent may be used by the commission for the |
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52 | 52 | | seaport and rail yard areas emissions reduction program established |
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53 | 53 | | under Subchapter D-1; |
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54 | 54 | | (11) five percent may be used for the light-duty motor |
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55 | 55 | | vehicle purchase or lease incentive program established under |
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56 | 56 | | Subchapter D; |
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57 | 57 | | (12) not more than $216,000 is allocated to the |
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58 | 58 | | commission to contract with the Energy Systems Laboratory at the |
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59 | 59 | | Texas A&M Engineering Experiment Station annually for the |
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60 | 60 | | development and annual computation of creditable statewide |
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61 | 61 | | emissions reductions obtained through wind and other renewable |
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62 | 62 | | energy resources for the state implementation plan; |
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63 | 63 | | (13) not more than $500,000 may be used for studies of |
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64 | 64 | | or pilot programs for incentives for port authorities located in |
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65 | 65 | | nonattainment areas or affected counties to encourage cargo |
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66 | 66 | | movement that reduces emissions of nitrogen oxides and particulate |
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67 | 67 | | matter; and |
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68 | 68 | | (14) the balance is to be used by the commission for |
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69 | 69 | | the diesel emissions reduction incentive program under Subchapter C |
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70 | 70 | | as determined by the commission. |
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71 | 71 | | SECTION 2. Section 391.002, Health and Safety Code, is |
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72 | 72 | | amended to read as follows: |
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73 | 73 | | Sec. 391.002. GRANT PROGRAM. (a) The commission shall |
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74 | 74 | | establish and administer a new technology implementation grant |
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75 | 75 | | program to assist the implementation of new technologies to reduce |
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76 | 76 | | emissions from facilities and other stationary sources in this |
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77 | 77 | | state. The commission may establish a minimum capital expenditure |
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78 | 78 | | threshold for projects under Subsection (b)(2). Under the program, |
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79 | 79 | | the commission shall provide grants or other financial incentives |
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80 | 80 | | for eligible projects to offset the incremental cost of emissions |
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81 | 81 | | reductions. |
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82 | 82 | | (b) Projects that may be considered for a grant under the |
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83 | 83 | | program include: |
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84 | 84 | | (1) advanced clean energy projects, as defined by |
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85 | 85 | | Section 382.003; |
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86 | 86 | | (2) new technology projects that reduce emissions of |
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87 | 87 | | regulated pollutants from stationary sources; |
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88 | 88 | | (3) new technology projects that reduce emissions from |
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89 | 89 | | upstream and midstream oil and gas production, completions, |
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90 | 90 | | gathering, storage, processing, and transmission activities |
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91 | 91 | | through: |
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92 | 92 | | (A) the replacement, repower, or retrofit of |
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93 | 93 | | stationary compressor engines; |
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94 | 94 | | (B) the installation of systems to reduce or |
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95 | 95 | | eliminate the loss of gas, flaring of gas, or burning of gas using |
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96 | 96 | | other combustion control devices; or |
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97 | 97 | | (C) the installation of systems that reduce |
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98 | 98 | | flaring emissions and other site emissions [by capturing waste heat |
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99 | 99 | | to generate electricity solely for on-site service]; and |
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100 | 100 | | (4) electricity storage projects related to renewable |
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101 | 101 | | energy, including projects to store electricity produced from wind |
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102 | 102 | | and solar generation that provide efficient means of making the |
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103 | 103 | | stored energy available during periods of peak energy use. |
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104 | 104 | | SECTION 3. Section 391.205, Health and Safety Code, is |
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105 | 105 | | amended to read as follows: |
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106 | 106 | | Sec. 391.205. PREFERENCES. (a) Except as provided by |
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107 | 107 | | Subsection (c), in awarding grants under this chapter the |
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108 | 108 | | commission shall give preference to projects that: |
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109 | 109 | | (1) involve the transport, use, recovery for use, or |
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110 | 110 | | prevention of the loss of natural resources originating or produced |
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111 | 111 | | in this state; |
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112 | 112 | | (2) contain an energy efficiency component; |
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113 | 113 | | (3) include the use of solar, wind, or other renewable |
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114 | 114 | | energy sources; [or] |
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115 | 115 | | (4) recover waste heat from the combustion of natural |
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116 | 116 | | resources and use the heat to generate electricity; or |
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117 | 117 | | (5) systems that reduce flaring emissions and other |
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118 | 118 | | site emissions. |
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119 | 119 | | (b) Projects that include more than one of the criteria |
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120 | 120 | | described by Subsection (a) shall be given a greater preference in |
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121 | 121 | | the award of grants under this chapter. |
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122 | 122 | | (c) The commission may give preference under Subsection (a) |
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123 | 123 | | only if the cost-effectiveness and emission performance of the |
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124 | 124 | | project are comparable to those of a project not claiming a |
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125 | 125 | | preference described by that subsection. |
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126 | 126 | | SECTION 4. Section 391.301, Health and Safety Code, is |
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127 | 127 | | amended to read as follows: |
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128 | 128 | | Sec. 391.301. RESTRICTION ON USE OF GRANT. A recipient of a |
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129 | 129 | | grant under this chapter must use the grant to pay the incremental |
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130 | 130 | | costs of the purchase, rental and installation of the project for |
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131 | 131 | | which the grant is made, which may include reasonable and necessary |
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132 | 132 | | expenses for the labor needed to install emissions-reducing |
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133 | 133 | | equipment. [The recipient may not use the grant for the costs of |
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134 | 134 | | operating and maintaining the emissions-reducing equipment]. |
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135 | 135 | | SECTION 5. The changes in law made by this Act apply only to |
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136 | 136 | | a Texas emissions reduction plan grant awarded on or after the |
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137 | 137 | | effective date of this Act. A grant awarded before the effective |
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138 | 138 | | date of this Act is governed by the law in effect on the date the |
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139 | 139 | | award was made, and the former law is continued in effect for that |
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140 | 140 | | purpose. |
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141 | 141 | | SECTION 6. This Act takes effect September 1, 2021. |
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