Bill Text: TX HB2581 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the administration of and funding for the Texas emissions reduction plan; reducing a surcharge.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-09 - Left pending in committee [HB2581 Detail]
Download: Texas-2019-HB2581-Introduced.html
86R1164 JRR-F | ||
By: Reynolds | H.B. No. 2581 |
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relating to the administration of and funding for the Texas | ||
emissions reduction plan; reducing a surcharge. | ||
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; | ||
(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); | ||
(7) a health effects study as provided by Section | ||
386.252(a); | ||
(8) air quality planning activities as provided by | ||
Section 386.252(d); | ||
(9) a contract with the Energy Systems Laboratory at | ||
the Texas A&M Engineering Experiment Station for computation of | ||
creditable statewide emissions reductions as provided by Section | ||
386.252(a); | ||
(10) the Texas clean fleet program established under | ||
Chapter 392; | ||
(11) the Texas alternative fueling facilities program | ||
established under Chapter 393; | ||
(12) the Texas natural gas vehicle grant program | ||
established under Chapter 394; | ||
(13) other programs the commission may develop that | ||
lead to reduced emissions of nitrogen oxides, particulate matter, | ||
or volatile organic compounds in a nonattainment area or affected | ||
county; | ||
(14) other programs the commission may develop that | ||
support congestion mitigation to reduce mobile source ozone | ||
precursor emissions; | ||
(15) the seaport and rail yard areas emissions | ||
reduction program established under Subchapter D-1; | ||
(16) conducting research and other activities | ||
associated with making any necessary demonstrations to the United | ||
States Environmental Protection Agency to account for the impact of | ||
foreign emissions or an exceptional event; | ||
(17) studies of or pilot programs for incentives for | ||
port authorities located in nonattainment areas or affected | ||
counties as provided by Section 386.252(a); [ |
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(18) the governmental alternative fuel fleet grant | ||
program established under Chapter 395; and | ||
(19) the energy efficiency loan guarantee program | ||
established under Section 388.013. | ||
SECTION 2. Section 386.252(a), Health and Safety Code, is | ||
amended 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) three percent may be used for the new 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; [ |
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(14) at least $1 million and not more than $5 million | ||
shall be allocated for the energy efficiency loan guarantee program | ||
established under Section 388.013; and | ||
(15) the balance is to be used by the commission for | ||
the diesel emissions reduction incentive program under Subchapter C | ||
as determined by the commission. | ||
SECTION 3. Section 388.005(c), Health and Safety Code, is | ||
amended to read as follows: | ||
(c) Each political subdivision, institution of higher | ||
education, or state agency shall establish a goal to reduce the | ||
electric consumption by the entity by at least five percent each | ||
state fiscal year for seven [ |
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SECTION 4. Chapter 388, Health and Safety Code, is amended | ||
by adding Section 388.013 to read as follows: | ||
Sec. 388.013. ENERGY EFFICIENCY LOAN GUARANTEE PROGRAM. | ||
(a) The comptroller and the State Energy Conservation Office by | ||
rule shall establish and administer a program that issues or | ||
guarantees loans to be used for improvements that increase the | ||
energy efficiency of residences that are not newly constructed. | ||
(b) Rules adopted under this section must establish | ||
eligibility requirements for receipt of a loan issued or guaranteed | ||
under this section, including emissions reduction | ||
cost-effectiveness criteria. | ||
(c) The State Energy Conservation Office annually shall | ||
submit to the commission and the laboratory a report that: | ||
(1) evaluates the effectiveness of the program | ||
established under this section; and | ||
(2) quantifies energy savings and emissions | ||
reductions as a result of this program for consideration in the | ||
state implementation plan for emissions reduction credit. | ||
SECTION 5. Section 389.002, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 389.002. USE OF CERTAIN INFORMATION FOR FEDERAL | ||
RECOGNITION OF EMISSIONS REDUCTIONS. The commission, using | ||
information derived from the reports to the commission under | ||
Sections 386.205, 388.003(e), [ |
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take all appropriate and necessary actions so that emissions | ||
reductions achieved by means of activities under Chapters 386 and | ||
388 are credited by the United States Environmental Protection | ||
Agency to the appropriate emissions reduction objectives in the | ||
state implementation plan. | ||
SECTION 6. Sections 151.0515(b) and (d), Tax Code, are | ||
amended to read as follows: | ||
(b) In each county in this state, a surcharge is imposed on | ||
the retail sale, lease, or rental of new or used equipment in an | ||
amount equal to one [ |
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rental amount. | ||
(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. Sections 501.138(b-1), (b-2), and (b-3), | ||
Transportation Code, are amended to read as follows: | ||
(b-1) Fees collected under Subsection (b) to be sent to the | ||
comptroller shall be deposited to the credit of the Texas Mobility | ||
Fund[ |
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(b-2) The comptroller shall establish a record of the amount | ||
of the fees deposited to the credit of the Texas Mobility Fund under | ||
Subsection (b-1) that are attributable to applicants described by | ||
Subsection (b)(3)(A). On or before the fifth workday of each | ||
month, the Texas Department of Transportation shall remit to the | ||
comptroller for deposit to the credit of the Texas emissions | ||
reduction plan fund an amount of money equal to the amount of those | ||
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Texas Department of Transportation shall use for remittance to the | ||
comptroller as required by this subsection money in the state | ||
highway fund that is not required to be used for a purpose specified | ||
by Section 7-a, Article VIII, Texas Constitution, and may not use | ||
for that remittance money received by this state under the | ||
congestion mitigation and air quality improvement program | ||
established under 23 U.S.C. Section 149. | ||
(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 Texas Department of Transportation is not | ||
required to comply with Section 501.138(b-2), Transportation Code, | ||
as amended by this Act, until October 1, 2019. Before October 1, | ||
2019, the Texas Department of Transportation shall comply with | ||
Section 501.138(b-2), Transportation Code, as it existed on the | ||
effective date of this Act, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 14. This Act takes effect August 30, 2019. |