Bill Text: TX HB2094 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the administration of and funding for the Texas emissions reduction plan.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-06 - Referred to Environmental Regulation [HB2094 Detail]
Download: Texas-2019-HB2094-Introduced.html
86R9119 JRR-F | ||
By: Thompson of Brazoria | H.B. No. 2094 |
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relating to the administration of and funding for the Texas | ||
emissions reduction plan. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 386.104, Health and Safety Code, is | ||
amended by amending Subsection (c) and adding Subsections (c-1) and | ||
(c-2) to read as follows: | ||
(c) Except as otherwise provided by this subsection, for | ||
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than a project involving a marine vessel or engine, not less than 75 | ||
percent of vehicle miles traveled or hours of operation projected | ||
for the five years immediately following the award of a grant must | ||
be projected to take place in a nonattainment area or affected | ||
county of this state. The commission may set the minimum percentage | ||
of vehicle miles traveled or hours of operation required to take | ||
place in a nonattainment area or affected county at a percentage and | ||
for a period that is different from the percentage and period | ||
specified by this subsection. The commission may [ |
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vehicle travel on highways and roadways, or portions of a highway or | ||
roadway, designated by the commission and located outside a | ||
nonattainment area or affected county to count towards the | ||
percentage of use requirement in this subsection. | ||
(c-1) For a proposed project involving a marine vessel or | ||
engine, the vessel or engine must be operated in the intercoastal | ||
waterways or bays adjacent to a nonattainment area or affected | ||
county of this state for a sufficient amount of time over the | ||
lifetime of the project, as determined by the commission, to meet | ||
the cost-effectiveness requirements of Section 386.105. | ||
(c-2) For a proposed project involving non-road equipment | ||
used for natural gas recovery purposes, the equipment must be | ||
operated in a nonattainment area or affected county for a | ||
sufficient amount of use over the lifetime of the project, as | ||
determined by the commission, to meet the cost-effectiveness | ||
requirements of Section 386.105. | ||
SECTION 2. Section 386.116(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) In this section, "small business" means a business owned | ||
by a person who: | ||
(1) owns and operates not more than six [ |
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vehicles, one of which is: | ||
(A) an on-road diesel; or | ||
(B) a non-road diesel; and | ||
(2) has owned the vehicle described by Subdivision | ||
(1)(A) or (B) for more than two years. | ||
SECTION 3. Section 386.251(c), Health and Safety Code, is | ||
amended to read as follows: | ||
(c) The fund consists of: | ||
(1) the amount of money deposited to the credit of the | ||
fund under: | ||
(A) Section 386.056; | ||
(B) Section [ |
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Tax Code; and | ||
(C) Sections 501.138, 502.358, and 548.5055, | ||
Transportation Code; and | ||
(2) grant money recaptured under Section 386.111(d) | ||
and Chapter 391. | ||
SECTION 4. Section 386.252, Health and Safety Code, is | ||
amended by amending Subsection (a) and adding Subsection (i) to | ||
read as follows: | ||
(a) Money in the fund may be used only to implement and | ||
administer programs established under the plan. Subject to the | ||
reallocation of funds by the commission under Subsection (h), money | ||
appropriated to the commission to be used for the programs under | ||
Section 386.051(b) shall initially be allocated as follows: | ||
(1) four percent may be used for the clean school bus | ||
program under Chapter 390; | ||
(2) one [ |
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technology implementation grant program under Chapter 391, from | ||
which at least $1 million will be set aside for electricity storage | ||
projects related to renewable energy; | ||
(3) five percent may be used for the Texas clean fleet | ||
program under Chapter 392; | ||
(4) not more than $3 million may be used by the | ||
commission to fund a regional air monitoring program in commission | ||
Regions 3 and 4 to be implemented under the commission's oversight, | ||
including direction regarding the type, number, location, and | ||
operation of, and data validation practices for, monitors funded by | ||
the program through a regional nonprofit entity located in North | ||
Texas having representation from counties, municipalities, higher | ||
education institutions, and private sector interests across the | ||
area; | ||
(5) 10 percent may be used for the Texas natural gas | ||
vehicle grant program under Chapter 394; | ||
(6) not more than $6 million may be used for the Texas | ||
alternative fueling facilities program under Chapter 393, of which | ||
a specified amount may be used for fueling stations to provide | ||
natural gas fuel, except that money may not be allocated for the | ||
Texas alternative fueling facilities program for the state fiscal | ||
year ending August 31, 2019; | ||
(7) not more than $750,000 may be used each year to | ||
support research related to air quality as provided by Chapter 387; | ||
(8) not more than $200,000 may be used for a health | ||
effects study; | ||
(9) at least $6 million but not more than $8 million is | ||
allocated to the commission for administrative costs, including all | ||
direct and indirect costs for administering the plan, costs for | ||
conducting outreach and education activities, and costs | ||
attributable to the review or approval of applications for | ||
marketable emissions reduction credits; | ||
(10) six percent may be used by the commission for the | ||
seaport and rail yard areas emissions reduction program established | ||
under Subchapter D-1; | ||
(11) five percent may be used for the light-duty motor | ||
vehicle purchase or lease incentive program established under | ||
Subchapter D; | ||
(12) not more than $216,000 is allocated to the | ||
commission to contract with the Energy Systems Laboratory at the | ||
Texas A&M Engineering Experiment Station annually for the | ||
development and annual computation of creditable statewide | ||
emissions reductions obtained through wind and other renewable | ||
energy resources for the state implementation plan; | ||
(13) not more than $500,000 may be used for studies of | ||
or pilot programs for incentives for port authorities located in | ||
nonattainment areas or affected counties to encourage cargo | ||
movement that reduces emissions of nitrogen oxides and particulate | ||
matter; and | ||
(14) the balance is to be used by the commission for | ||
the diesel emissions reduction incentive program under Subchapter C | ||
as determined by the commission. | ||
(i) Notwithstanding any other provision of this section, | ||
money in the fund, other than money in the non-road diesel | ||
subaccount established under Section 386.253, may not be used for a | ||
purpose described by Section 386.253(c). | ||
SECTION 5. Subchapter F, Chapter 386, Health and Safety | ||
Code, is amended by adding Section 386.253 to read as follows: | ||
Sec. 386.253. NON-ROAD DIESEL SUBACCOUNT; USE OF | ||
SUBACCOUNT. (a) The non-road diesel subaccount is established in | ||
the fund. | ||
(b) The subaccount consists of the amount of money deposited | ||
to the credit of the subaccount under Section 151.0515, Tax Code. | ||
Interest earned on the subaccount shall be credited to the | ||
subaccount. | ||
(c) Money in the subaccount may be used only to: | ||
(1) provide grants for non-road diesels, as that term | ||
is described by Section 386.101, under a program established under | ||
the plan; and | ||
(2) implement and administer a program described by | ||
Subdivision (1), but only to the extent that the program relates to | ||
the issuance of grants for non-road diesels. | ||
SECTION 6. Sections 151.0515(c) and (d), Tax Code, are | ||
amended to read as follows: | ||
(c) The surcharge shall be collected at the same time and in | ||
the same manner and shall be administered and enforced in the same | ||
manner as the tax imposed under this chapter. The comptroller shall | ||
adopt any additional procedures needed for the collection, | ||
administration, and enforcement of the surcharge authorized by this | ||
section and shall deposit all remitted surcharges to the credit of | ||
the non-road diesel subaccount in the Texas emissions reduction | ||
plan fund. | ||
(d) This section expires on the last day of the state fiscal | ||
biennium during which the Texas Commission on Environmental Quality | ||
publishes in the Texas Register the notice required by Section | ||
382.037, Health and Safety Code [ |
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SECTION 7. Section 152.0215(c), Tax Code, is amended to | ||
read as follows: | ||
(c) This section expires on the last day of the state fiscal | ||
biennium during which the Texas Commission on Environmental Quality | ||
publishes in the Texas Register the notice required by Section | ||
382.037, Health and Safety Code [ |
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SECTION 8. Section 501.138(b-3), Transportation Code, is | ||
amended to read as follows: | ||
(b-3) This subsection and Subsection (b-2) expire on the | ||
last day of the state fiscal biennium during which the Texas | ||
Commission on Environmental Quality publishes in the Texas Register | ||
the notice required by Section 382.037, Health and Safety Code | ||
[ |
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SECTION 9. Section 502.358(c), Transportation Code, is | ||
amended to read as follows: | ||
(c) This section expires on the last day of the state fiscal | ||
biennium during which the Texas Commission on Environmental Quality | ||
publishes in the Texas Register the notice required by Section | ||
382.037, Health and Safety Code [ |
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SECTION 10. The heading to Section 548.5055, Transportation | ||
Code, is amended to read as follows: | ||
Sec. 548.5055. TEXAS EMISSIONS [ |
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FEE. | ||
SECTION 11. Sections 548.5055(b) and (c), Transportation | ||
Code, are amended to read as follows: | ||
(b) The department shall remit fees collected under this | ||
section to the comptroller at the time and in the manner prescribed | ||
by the comptroller for deposit in the Texas emissions [ |
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reduction plan fund. | ||
(c) This section expires on the last day of the state fiscal | ||
biennium during which the conservation commission publishes in the | ||
Texas Register the notice required by Section 382.037, Health and | ||
Safety Code [ |
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SECTION 12. Sections 8(a-2) and (b), Chapter 755 (S.B. | ||
1731), Acts of the 85th Legislature, Regular Session, 2017, are | ||
repealed. | ||
SECTION 13. The changes in law made by this Act apply only | ||
to a Texas emissions reduction plan grant awarded on or after the | ||
effective date of this Act. A grant awarded before the effective | ||
date of this Act is governed by the law in effect on the date the | ||
award was made, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 14. The change in law made by this Act to Section | ||
151.0515, Tax Code, applies only to a surcharge collected on or | ||
after the effective date of this Act. A surcharge collected before | ||
the effective date of this Act is governed by the law in effect | ||
immediately before that date, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 15. This Act takes effect August 30, 2019. |