Texas 2021 - 87th 1st C.S.

Texas House Bill HB246 Compare Versions

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11 87S10833 JRR-F
22 By: Reynolds H.B. No. 246
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the creation of an energy efficiency loan guarantee
88 program under the Texas emissions reduction plan.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 386.051(b), Health and Safety Code, as
1111 effective September 1, 2021, is amended to read as follows:
1212 (b) Under the plan, the commission and the comptroller shall
1313 provide grants or other funding for:
1414 (1) the diesel emissions reduction incentive program
1515 established under Subchapter C, including for infrastructure
1616 projects established under that subchapter;
1717 (2) the motor vehicle purchase or lease incentive
1818 program established under Subchapter D;
1919 (3) the air quality research support program
2020 established under Chapter 387;
2121 (4) the clean school bus program established under
2222 Chapter 390;
2323 (5) the new technology implementation grant program
2424 established under Chapter 391;
2525 (6) the regional air monitoring program established
2626 under Section 386.252(a);
2727 (7) a health effects study as provided by Section
2828 386.252(a);
2929 (8) air quality planning activities as provided by
3030 Section 386.252(d);
3131 (9) a contract with the Energy Systems Laboratory at
3232 the Texas A&M Engineering Experiment Station for computation of
3333 creditable statewide emissions reductions as provided by Section
3434 386.252(a);
3535 (10) the Texas clean fleet program established under
3636 Chapter 392;
3737 (11) the Texas alternative fueling facilities program
3838 established under Chapter 393;
3939 (12) the Texas natural gas vehicle grant program
4040 established under Chapter 394;
4141 (13) other programs the commission may develop that
4242 lead to reduced emissions of nitrogen oxides, particulate matter,
4343 or volatile organic compounds in a nonattainment area or affected
4444 county;
4545 (14) other programs the commission may develop that
4646 support congestion mitigation to reduce mobile source ozone
4747 precursor emissions;
4848 (15) the seaport and rail yard areas emissions
4949 reduction program established under Subchapter D-1;
5050 (16) conducting research and other activities
5151 associated with making any necessary demonstrations to the United
5252 States Environmental Protection Agency to account for the impact of
5353 foreign emissions or an exceptional event;
5454 (17) studies of or pilot programs for incentives for
5555 port authorities located in nonattainment areas or affected
5656 counties as provided by Section 386.252(a);
5757 (18) the governmental alternative fuel fleet grant
5858 program established under Chapter 395; [and]
5959 (19) remittance of funds to the state highway fund for
6060 use by the Texas Department of Transportation for congestion
6161 mitigation and air quality improvement projects in nonattainment
6262 areas and affected counties; and
6363 (20) the energy efficiency loan guarantee program
6464 established under Section 388.013.
6565 SECTION 2. Section 386.252(a), Health and Safety Code, as
6666 effective September 1, 2021, is amended to read as follows:
6767 (a) Money in the fund and account may be used only to
6868 implement and administer programs established under the
6969 plan. Subject to the reallocation of funds by the commission under
7070 Subsection (h) and after remittance to the state highway fund under
7171 Subsection (a-1), money from the fund and account to be used for the
7272 programs under Section 386.051(b) shall initially be allocated as
7373 follows:
7474 (1) four percent may be used for the clean school bus
7575 program under Chapter 390;
7676 (2) three percent may be used for the new technology
7777 implementation grant program under Chapter 391, from which at least
7878 $1 million will be set aside for electricity storage projects
7979 related to renewable energy;
8080 (3) five percent may be used for the Texas clean fleet
8181 program under Chapter 392;
8282 (4) not more than $3 million may be used by the
8383 commission to fund a regional air monitoring program in commission
8484 Regions 3 and 4 to be implemented under the commission's oversight,
8585 including direction regarding the type, number, location, and
8686 operation of, and data validation practices for, monitors funded by
8787 the program through a regional nonprofit entity located in North
8888 Texas having representation from counties, municipalities, higher
8989 education institutions, and private sector interests across the
9090 area;
9191 (5) 10 percent may be used for the Texas natural gas
9292 vehicle grant program under Chapter 394;
9393 (6) not more than $6 million may be used for the Texas
9494 alternative fueling facilities program under Chapter 393, of which
9595 a specified amount may be used for fueling stations to provide
9696 natural gas fuel, except that money may not be allocated for the
9797 Texas alternative fueling facilities program for the state fiscal
9898 year ending August 31, 2019;
9999 (7) not more than $750,000 may be used each year to
100100 support research related to air quality as provided by Chapter 387;
101101 (8) not more than $200,000 may be used for a health
102102 effects study;
103103 (9) at least $6 million but not more than $16 million
104104 may be used by the commission for administrative costs, including
105105 all direct and indirect costs for administering the plan, costs for
106106 conducting outreach and education activities, and costs
107107 attributable to the review or approval of applications for
108108 marketable emissions reduction credits;
109109 (10) six percent may be used by the commission for the
110110 seaport and rail yard areas emissions reduction program established
111111 under Subchapter D-1;
112112 (11) five percent may be used for the light-duty motor
113113 vehicle purchase or lease incentive program established under
114114 Subchapter D;
115115 (12) not more than $216,000 may be used by the
116116 commission to contract with the Energy Systems Laboratory at the
117117 Texas A&M Engineering Experiment Station annually for the
118118 development and annual computation of creditable statewide
119119 emissions reductions obtained through wind and other renewable
120120 energy resources for the state implementation plan;
121121 (13) not more than $500,000 may be used for studies of
122122 or pilot programs for incentives for port authorities located in
123123 nonattainment areas or affected counties to encourage cargo
124124 movement that reduces emissions of nitrogen oxides and particulate
125125 matter; [and]
126126 (14) at least $1 million and not more than $5 million
127127 shall be allocated for the energy efficiency loan guarantee program
128128 established under Section 388.013; and
129129 (15) the balance is to be used by the commission for
130130 the diesel emissions reduction incentive program under Subchapter C
131131 as determined by the commission.
132132 SECTION 3. Chapter 388, Health and Safety Code, is amended
133133 by adding Section 388.013 to read as follows:
134134 Sec. 388.013. ENERGY EFFICIENCY LOAN GUARANTEE PROGRAM.
135135 (a) The comptroller and the State Energy Conservation Office by
136136 rule shall establish and administer a program that issues or
137137 guarantees loans to be used for improvements that increase the
138138 energy efficiency of residences that are not newly constructed.
139139 (b) Rules adopted under this section must establish
140140 eligibility requirements for receipt of a loan issued or guaranteed
141141 under this section, including emissions reduction
142142 cost-effectiveness criteria.
143143 (c) The State Energy Conservation Office annually shall
144144 submit to the commission and the laboratory a report that:
145145 (1) evaluates the effectiveness of the program
146146 established under this section; and
147147 (2) quantifies energy savings and emissions
148148 reductions as a result of this program for consideration in the
149149 state implementation plan for emissions reduction credit.
150150 SECTION 4. Section 389.002, Health and Safety Code, is
151151 amended to read as follows:
152152 Sec. 389.002. USE OF CERTAIN INFORMATION FOR FEDERAL
153153 RECOGNITION OF EMISSIONS REDUCTIONS. The commission, using
154154 information derived from the reports to the commission under
155155 Sections 386.205, 388.003(e), [and] 388.006, and 388.013, shall
156156 take all appropriate and necessary actions so that emissions
157157 reductions achieved by means of activities under Chapters 386 and
158158 388 are credited by the United States Environmental Protection
159159 Agency to the appropriate emissions reduction objectives in the
160160 state implementation plan.
161161 SECTION 5. This Act takes effect on the 91st day after the
162162 last day of the legislative session.