Texas 2025 - 89th Regular

Texas House Bill HB3263 Compare Versions

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

Old	New	Differences
1	1	89R11158 KRM-F
2	2	By: Turner H.B. No. 3263
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a program for monitoring methane emissions using funds
10	10	from the Texas emissions reduction plan.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 382, Health and Safety Code, is amended
13	13	by adding Subchapter J-1 to read as follows:
14	14	SUBCHAPTER J-1. METHANE EMISSIONS PROGRAM
15	15	Sec. 382.471. DEFINITION. In this subchapter, "emission"
16	16	includes any emission of gas, including an emission caused by a
17	17	leak, blow out, or accident.
18	18	Sec. 382.472. METHANE EMISSIONS PROGRAM. (a) In
19	19	accordance with any provision of a state implementation plan
20	20	adopted to comply with federal rules regarding emissions of methane
21	21	and associated gases under Section 111 or 112 of the federal Clean
22	22	Air Act (42 U.S.C. Section 7411 or 7412), the commission by rule
23	23	shall:
24	24	(1) adopt standards for:
25	25	(A) methane emissions; and
26	26	(B) emissions of gases associated with methane
27	27	emissions; and
28	28	(2) establish a program in the manner provided by this
29	29	section to identify and monitor areas of concern in this state for
30	30	high emissions of methane and gases associated with methane.
31	31	(b) The commission may require and issue permits for
32	32	emissions of methane or other gases associated with methane if
33	33	necessary to implement this section.
34	34	(c) The commission shall establish a continuous emissions
35	35	monitoring program in areas of this state that have substantial
36	36	infrastructure associated with emissions of methane and associated
37	37	gases, such as oil and gas facilities, wastewater treatment plants,
38	38	or pulp and paper facilities. The program must provide for the
39	39	operation of monitoring devices that:
40	40	(1) detect, measure, and continuously monitor methane
41	41	and associated gas levels in the atmosphere to:
42	42	(A) identify background emission levels;
43	43	(B) detect locations where emissions exceed
44	44	expected background levels; and
45	45	(C) measure changes in background emission
46	46	levels over time; and
47	47	(2) provide real-time data on methane and other
48	48	associated gas emissions from facilities that are subject to the
49	49	standards adopted under Subsection (a) to rapidly detect and
50	50	quantify leaks without the need for intermittent sampling.
51	51	(d) The commission shall:
52	52	(1) monitor emissions of methane and other associated
53	53	gases under Subsection (c) to identify areas of concern;
54	54	(2) operate a network of sensors in each area of
55	55	concern to monitor and identify sources of emissions of methane and
56	56	other associated gases that are not in compliance with the
57	57	standards adopted under Subsection (a); and
58	58	(3) assist operators of facilities in areas of concern
59	59	with reducing regulated emissions and complying with federal and
60	60	state regulations related to those emissions.
61	61	(e) The commission may contract with a third party,
62	62	including an institution of higher education or a nonprofit
63	63	organization, to operate a sensor under the program.
64	64	Sec. 382.473. ENFORCEMENT. (a) If the commission
65	65	identifies a facility as the source of an emission of methane or
66	66	other associated gas under Section 382.472 that violates a standard
67	67	adopted under that section, the commission shall require the
68	68	operator of the facility to repair or shut off the source of the
69	69	emission not later than the 30th day after the date the commission
70	70	identifies the facility. The operator may not resume operations at
71	71	the facility until the facility is repaired and the commission
72	72	authorizes the resumption.
73	73	(b) The commission shall consider an operator's compliance
74	74	with Subsection (a) when determining whether to impose a penalty
75	75	for a violation of a standard adopted under Subsection (a).
76	76	SECTION 2. Section 386.051(b), Health and Safety Code, is
77	77	amended to read as follows:
78	78	(b) Under the plan, the commission and the comptroller shall
79	79	provide grants or other funding for:
80	80	(1) the diesel emissions reduction incentive program
81	81	established under Subchapter C, including for infrastructure
82	82	projects established under that subchapter;
83	83	(2) the motor vehicle purchase or lease incentive
84	84	program established under Subchapter D;
85	85	(3) the air quality research support program
86	86	established under Chapter 387;
87	87	(4) the clean school bus program established under
88	88	Chapter 390;
89	89	(5) the new technology implementation grant program
90	90	established under Chapter 391;
91	91	(6) the regional air monitoring program established
92	92	under Section 386.252(a);
93	93	(7) a health effects study as provided by Section
94	94	386.252(a);
95	95	(8) air quality planning activities as provided by
96	96	Section 386.252(d);
97	97	(9) a contract with the Energy Systems Laboratory at
98	98	the Texas A&M Engineering Experiment Station for computation of
99	99	creditable statewide emissions reductions as provided by Section
100	100	386.252(a);
101	101	(10) the Texas clean fleet program established under
102	102	Chapter 392;
103	103	(11) the Texas alternative fueling facilities program
104	104	established under Chapter 393;
105	105	(12) the Texas natural gas vehicle grant program
106	106	established under Chapter 394;
107	107	(13) other programs the commission may develop that
108	108	lead to reduced emissions of nitrogen oxides, particulate matter,
109	109	or volatile organic compounds in a nonattainment area or affected
110	110	county;
111	111	(14) other programs the commission may develop that
112	112	support congestion mitigation to reduce mobile source ozone
113	113	precursor emissions;
114	114	(15) the seaport and rail yard areas emissions
115	115	reduction program established under Subchapter D-1;
116	116	(16) conducting research and other activities
117	117	associated with making any necessary demonstrations to the United
118	118	States Environmental Protection Agency to account for the impact of
119	119	foreign emissions or an exceptional event;
120	120	(17) studies of or pilot programs for incentives for
121	121	port authorities located in nonattainment areas or affected
122	122	counties as provided by Section 386.252(a);
123	123	(18) the governmental alternative fuel fleet grant
124	124	program established under Chapter 395;
125	125	(19) remittance of funds to the state highway fund for
126	126	use by the Texas Department of Transportation for congestion
127	127	mitigation and air quality improvement projects in nonattainment
128	128	areas and affected counties; [and]
129	129	(20) the Texas hydrogen infrastructure, vehicle, and
130	130	equipment grant program established under Subchapter G; and
131	131	(21) the methane emissions program established under
132	132	Section 382.472.
133	133	SECTION 3. Section 386.252(a), Health and Safety Code, is
134	134	amended to read as follows:
135	135	(a) Money in the fund and account may be used only to
136	136	implement and administer programs established under the plan.
137	137	Subject to the reallocation of funds by the commission under
138	138	Subsection (h) and after remittance to the state highway fund under
139	139	Subsection (a-1), money from the fund and account to be used for the
140	140	programs under Section 386.051(b) shall initially be allocated as
141	141	follows:
142	142	(1) four percent may be used for the clean school bus
143	143	program under Chapter 390;
144	144	(2) eight percent total may be used between the Texas
145	145	hydrogen infrastructure, vehicle, and equipment grant program
146	146	established under Subchapter G and the new technology
147	147	implementation grant program under Chapter 391, from which at least
148	148	$1 million will be set aside for electricity storage projects
149	149	related to renewable energy and not more than $8 million may be used
150	150	for the Texas hydrogen infrastructure, vehicle, and equipment grant
151	151	program;
152	152	(3) five percent may be used for the Texas clean fleet
153	153	program under Chapter 392;
154	154	(4) not more than $3 million may be used by the
155	155	commission to fund a regional air monitoring program in commission
156	156	Regions 3 and 4 to be implemented under the commission's oversight,
157	157	including direction regarding the type, number, location, and
158	158	operation of, and data validation practices for, monitors funded by
159	159	the program through a regional nonprofit entity located in North
160	160	Texas having representation from counties, municipalities, higher
161	161	education institutions, and private sector interests across the
162	162	area;
163	163	(5) 7.5 percent may be used for the Texas natural gas
164	164	vehicle grant program under Chapter 394;
165	165	(6) not more than $6 million may be used for the Texas
166	166	alternative fueling facilities program under Chapter 393, of which
167	167	a specified amount may be used for fueling stations to provide
168	168	natural gas fuel, except that money may not be allocated for the
169	169	Texas alternative fueling facilities program for the state fiscal
170	170	year ending August 31, 2019;
171	171	(7) not more than $750,000 may be used each year to
172	172	support research related to air quality as provided by Chapter 387;
173	173	(8) not more than $200,000 may be used for a health
174	174	effects study;
175	175	(9) at least $6 million but not more than 15 percent
176	176	may be used by the commission for administrative costs, including
177	177	all direct and indirect costs for administering the plan, costs for
178	178	conducting outreach and education activities, and costs
179	179	attributable to the review or approval of applications for
180	180	marketable emissions reduction credits;
181	181	(10) six percent may be used by the commission for the
182	182	seaport and rail yard areas emissions reduction program established
183	183	under Subchapter D-1;
184	184	(11) 2.5 percent may be used for the light-duty motor
185	185	vehicle purchase or lease incentive program established under
186	186	Subchapter D;
187	187	(12) not more than $500,000 may be used by the
188	188	commission to contract with the Energy Systems Laboratory at the
189	189	Texas A&M Engineering Experiment Station annually for the
190	190	development and annual computation of creditable statewide
191	191	emissions reductions for the state implementation plan that are
192	192	obtained through:
193	193	(A) wind and other renewable energy resources;
194	194	(B) energy efficiency programs administered by
195	195	the Public Utility Commission of Texas or the State Energy
196	196	Conservation Office; or
197	197	(C) the implementation of advanced building
198	198	energy codes;
199	199	(13) not more than $500,000 may be used for studies of
200	200	or pilot programs for incentives for port authorities located in
201	201	nonattainment areas or affected counties to encourage cargo
202	202	movement that reduces emissions of nitrogen oxides and particulate
203	203	matter; [and]
204	204	(14) not more than $2 million may be used by the
205	205	commission for the methane emissions program under Section 382.472;
206	206	and
207	207	(15) the balance is to be used by the commission for
208	208	the diesel emissions reduction incentive program under Subchapter C
209	209	as determined by the commission.
210	210	SECTION 4. This Act takes effect September 1, 2025.