Bill Text: TX HB2499 | 2013-2014 | 83rd Legislature | Comm Sub
Bill Title: Relating to the use of Texas Emissions Reduction Plan funds for a drayage truck incentive program.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-05-04 - Committee report sent to Calendars [HB2499 Detail]
Download: Texas-2013-HB2499-Comm_Sub.html
83R17266 JXC-F | |||
By: Smith | H.B. No. 2499 | ||
Substitute the following for H.B. No. 2499: | |||
By: Lewis | C.S.H.B. No. 2499 |
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relating to the use of Texas Emissions Reduction Plan funds for a | ||
drayage truck incentive program. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 386.051(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) Under the plan, the commission and the comptroller shall | ||
provide grants or other funding for: | ||
(1) the diesel emissions reduction incentive program | ||
established under Subchapter C, including for infrastructure | ||
projects established under that subchapter; | ||
(1-a) the drayage truck incentive program established | ||
under Subchapter C-1; | ||
(2) the motor vehicle purchase or lease incentive | ||
program established under Subchapter D; | ||
(3) the air quality research support program | ||
established under Chapter 387; | ||
(4) the clean school bus program established under | ||
Chapter 390; | ||
(5) the new technology implementation grant program | ||
established under Chapter 391; | ||
(6) the regional air monitoring program established | ||
under Section 386.252(a) [ |
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(7) a health effects study as provided by Section | ||
386.252(a) [ |
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(8) air quality planning activities as provided by | ||
Section 386.252(a) [ |
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(9) a contract with the Energy Systems Laboratory at | ||
the Texas Engineering Experiment Station for computation of | ||
creditable statewide emissions reductions as provided by Section | ||
386.252(a); | ||
(10) the clean fleet program established under Chapter | ||
392; | ||
(11) the alternative fueling facilities program; and | ||
(12) the natural gas vehicle grants program and clean | ||
transportation triangle program [ |
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SECTION 2. Chapter 386, Health and Safety Code, is amended | ||
by adding Subchapter C-1 to read as follows: | ||
SUBCHAPTER C-1. DRAYAGE TRUCK INCENTIVE PROGRAM | ||
Sec. 386.131. DEFINITIONS. In this subchapter: | ||
(1) "Drayage activity" includes the use of a drayage | ||
truck in an urban area for: | ||
(A) the transport of goods within a seaport that | ||
is located in the urban area; | ||
(B) the pickup and delivery of goods to the | ||
seaport from a separate location in the urban area; | ||
(C) the pickup and delivery of goods from the | ||
seaport to a separate location in the urban area; and | ||
(D) any trips required to return the drayage | ||
truck to its normal base within the urban area. | ||
(2) "Drayage truck" means a heavy-duty on-road vehicle | ||
or non-road terminal tractor that is used for drayage activities. | ||
Sec. 386.132. COMMISSION DUTIES. (a) The commission shall | ||
develop a purchase incentive program to encourage owners to replace | ||
drayage trucks with newer drayage trucks and shall adopt rules | ||
necessary to implement the program. | ||
(b) Under the program, the commission may: | ||
(1) implement a replacement program to reduce | ||
emissions from the operation of drayage trucks used primarily for | ||
drayage activities at seaports in nonattainment areas of this | ||
state; | ||
(2) require that a vehicle or equipment item acquired | ||
under the program be a vehicle or equipment item best suited for | ||
drayage activities, such as a daycab truck or vehicle or an | ||
equipment item specifically designed for use as a terminal tractor; | ||
and | ||
(3) establish the minimum percentage of a year during | ||
which the vehicle or equipment item must be operated within a | ||
specified distance from the port facility, in order to promote | ||
emissions reductions to be achieved primarily in the immediate | ||
vicinity of the port facility. | ||
(c) To the extent applicable, the commission may use rules, | ||
guidelines, criteria, and requirements adopted to implement | ||
programs under Subchapter C to implement the program established | ||
under this subchapter. | ||
(d) The commission may establish a maximum | ||
cost-effectiveness amount greater than the amount established | ||
under Sections 386.106 and 386.107. | ||
(e) The commission shall include in the biennial plan report | ||
required by Section 386.057(b) information on the drayage truck | ||
incentive program. | ||
SECTION 3. Section 386.252(a), Health and Safety Code, as | ||
amended by Chapters 28 (S.B. 527), 589 (S.B. 20), and 892 (S.B. | ||
385), Acts of the 82nd Legislature, Regular Session, 2011, is | ||
reenacted and amended to read as follows: | ||
(a) Money in the fund may be used only to implement and | ||
administer programs established under the plan. Money appropriated | ||
from the fund to the commission to be used for the programs | ||
described by Section 386.051(b) [ |
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be allocated as follows: | ||
(1) not more than four percent may be used for the | ||
clean school bus program under Chapter 390; | ||
(2) not more than 10 percent may be used for on-road | ||
diesel purchase or lease incentives under Section 386.112; | ||
(3) a specified amount may be used for the new | ||
technology implementation grant program under Chapter 391, from | ||
which a defined amount may be set aside for electricity storage | ||
projects related to renewable energy; | ||
(4) five percent may [ |
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fleet program under Chapter 392; | ||
(5) [ |
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the commission [ |
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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; | ||
(6) 16 percent may be used only for the Texas natural | ||
gas vehicle grant program; | ||
(7) not more than four percent may be used to provide | ||
grants for natural gas fueling stations under the clean | ||
transportation triangle program; | ||
(8) not more than two percent may be used for the Texas | ||
alternative fueling facilities program; | ||
(9) a specified amount may be used [ |
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each year to support research related to air quality as provided by | ||
Chapter 387; | ||
(10) not more than [ |
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(11) not more than [ |
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deposited in the state treasury to the credit of the clean air | ||
account created under Section 382.0622 to supplement funding for | ||
air quality planning activities in affected counties; | ||
(12) [ |
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Laboratory at the Texas 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 $5,000,000 may be used for the | ||
drayage truck incentive program under Subchapter C-1; and | ||
(14) [ |
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commission only for the diesel emissions reduction incentive | ||
program under Subchapter C. | ||
SECTION 4. Section 386.252, Health and Safety Code, is | ||
amended by adding Subsections (h) and (i) to read as follows: | ||
(h) Not more than 1.5 percent of the money in the fund may be | ||
used for administrative costs incurred by the laboratory for work | ||
required under this chapter. | ||
(i) Unless a specified amount is appropriated for | ||
administrative costs, of the total appropriation to the commission | ||
from the fund, not more than the greater of two percent or | ||
$3,400,000 may be used by the commission for administrative costs. | ||
SECTION 5. To the extent of any conflict, this Act prevails | ||
over another Act of the 83rd Legislature, Regular Session, 2013, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 6. This Act takes effect September 1, 2013. |