Texas 2021 - 87th Regular

Texas Senate Bill SB622 Compare Versions

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11 By: Gutierrez S.B. No. 622
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44 A BILL TO BE ENTITLED
55 AN ACT
66 relating to the new technology implementation grant program.
77 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
88 SECTION 1. Section 386.252(a), Health and Safety Code, is
99 amended to read as follows:
1010 Sec. 386.252. USE OF FUND. (a) Money in the fund may be
1111 used only to implement and administer programs established under
1212 the plan. Subject to the reallocation of funds by the commission
1313 under Subsection (h), money appropriated to the commission to be
1414 used for the programs under Section 386.051(b) shall initially be
1515 allocated as follows:
1616 (1) four percent may be used for the clean school bus
1717 program under Chapter 390;
1818 (2) six [three] percent may be used for the new
1919 technology implementation grant program under Chapter 391, from
2020 which at least $1 million will be set aside for electricity storage
2121 projects related to renewable energy;
2222 (3) two [five] percent may be used for the clean fleet
2323 program under Chapter 392;
2424 (4) not more than $3 million may be used by the
2525 commission to fund a regional air monitoring program in commission
2626 Regions 3 and 4 to be implemented under the commission's oversight,
2727 including direction regarding the type, number, location, and
2828 operation of, and data validation practices for, monitors funded by
2929 the program through a regional nonprofit entity located in North
3030 Texas having representation from counties, municipalities, higher
3131 education institutions, and private sector interests across the
3232 area;
3333 (5) 10 percent may be used for the Texas natural gas
3434 vehicle grant program under Chapter 394;
3535 (6) not more than $6 million may be used for the Texas
3636 alternative fueling facilities program under Chapter 393, of which
3737 a specified amount may be used for fueling stations to provide
3838 natural gas fuel, except that money may not be allocated for the
3939 Texas alternative fueling facilities program for the state fiscal
4040 year ending August 31, 2019;
4141 (7) not more than $750,000 may be used each year to
4242 support research related to air quality as provided by Chapter 387;
4343 (8) not more than $200,000 may be used for a health
4444 effects study;
4545 (9) at least $6 million but not more than $8 million is
4646 allocated to the commission for administrative costs, including all
4747 direct and indirect costs for administering the plan, costs for
4848 conducting outreach and education activities, and costs
4949 attributable to the review or approval of applications for
5050 marketable emissions reduction credits;
5151 (10) six percent may be used by the commission for the
5252 seaport and rail yard areas emissions reduction program established
5353 under Subchapter D-1;
5454 (11) five percent may be used for the light-duty motor
5555 vehicle purchase or lease incentive program established under
5656 Subchapter D;
5757 (12) not more than $216,000 is allocated to the
5858 commission to contract with the Energy Systems Laboratory at the
5959 Texas A&M Engineering Experiment Station annually for the
6060 development and annual computation of creditable statewide
6161 emissions reductions obtained through wind and other renewable
6262 energy resources for the state implementation plan;
6363 (13) not more than $500,000 may be used for studies of
6464 or pilot programs for incentives for port authorities located in
6565 nonattainment areas or affected counties to encourage cargo
6666 movement that reduces emissions of nitrogen oxides and particulate
6767 matter; and
6868 (14) the balance is to be used by the commission for
6969 the diesel emissions reduction incentive program under Subchapter C
7070 as determined by the commission.
7171 SECTION 2. Section 391.002, Health and Safety Code, is
7272 amended to read as follows:
7373 Sec. 391.002. GRANT PROGRAM. (a) The commission shall
7474 establish and administer a new technology implementation grant
7575 program to assist the implementation of new technologies to reduce
7676 emissions from facilities and other stationary sources in this
7777 state. The commission may establish a minimum capital expenditure
7878 threshold for projects under Subsection (b)(2). Under the program,
7979 the commission shall provide grants or other financial incentives
8080 for eligible projects to offset the incremental cost of emissions
8181 reductions.
8282 (b) Projects that may be considered for a grant under the
8383 program include:
8484 (1) advanced clean energy projects, as defined by
8585 Section 382.003;
8686 (2) new technology projects that reduce emissions of
8787 regulated pollutants from stationary sources;
8888 (3) new technology projects that reduce emissions from
8989 upstream and midstream oil and gas production, completions,
9090 gathering, storage, processing, and transmission activities
9191 through:
9292 (A) the replacement, repower, or retrofit of
9393 stationary compressor engines;
9494 (B) the installation of systems to reduce or
9595 eliminate the loss of gas, flaring of gas, or burning of gas using
9696 other combustion control devices; or
9797 (C) the installation of systems that reduce
9898 flaring emissions and other site emissions [by capturing waste heat
9999 to generate electricity solely for on-site service]; and
100100 (4) electricity storage projects related to renewable
101101 energy, including projects to store electricity produced from wind
102102 and solar generation that provide efficient means of making the
103103 stored energy available during periods of peak energy use.
104104 SECTION 3. Section 391.205, Health and Safety Code, is
105105 amended to read as follows:
106106 Sec. 391.205. PREFERENCES. (a) Except as provided by
107107 Subsection (c), in awarding grants under this chapter the
108108 commission shall give preference to projects that:
109109 (1) involve the transport, use, recovery for use, or
110110 prevention of the loss of natural resources originating or produced
111111 in this state;
112112 (2) contain an energy efficiency component;
113113 (3) include the use of solar, wind, or other renewable
114114 energy sources; [or]
115115 (4) recover waste heat from the combustion of natural
116116 resources and use the heat to generate electricity; or
117117 (5) systems that reduce flaring emissions and other
118118 site emissions.
119119 (b) Projects that include more than one of the criteria
120120 described by Subsection (a) shall be given a greater preference in
121121 the award of grants under this chapter.
122122 (c) The commission may give preference under Subsection (a)
123123 only if the cost-effectiveness and emission performance of the
124124 project are comparable to those of a project not claiming a
125125 preference described by that subsection.
126126 SECTION 4. Section 391.301, Health and Safety Code, is
127127 amended to read as follows:
128128 Sec. 391.301. RESTRICTION ON USE OF GRANT. A recipient of a
129129 grant under this chapter must use the grant to pay the incremental
130130 costs of the purchase, rental and installation of the project for
131131 which the grant is made, which may include reasonable and necessary
132132 expenses for the labor needed to install emissions-reducing
133133 equipment. [The recipient may not use the grant for the costs of
134134 operating and maintaining the emissions-reducing equipment].
135135 SECTION 5. The changes in law made by this Act apply only to
136136 a Texas emissions reduction plan grant awarded on or after the
137137 effective date of this Act. A grant awarded before the effective
138138 date of this Act is governed by the law in effect on the date the
139139 award was made, and the former law is continued in effect for that
140140 purpose.
141141 SECTION 6. This Act takes effect September 1, 2021.