Bill Text: TX HB3745 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the Texas emissions reduction plan fund and account.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-14 - See remarks for effective date [HB3745 Detail]
Download: Texas-2019-HB3745-Comm_Sub.html
Bill Title: Relating to the Texas emissions reduction plan fund and account.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-14 - See remarks for effective date [HB3745 Detail]
Download: Texas-2019-HB3745-Comm_Sub.html
By: Bell of Montgomery, et al. | H.B. No. 3745 | |
(Senate Sponsor - Birdwell, Zaffirini) | ||
(In the Senate - Received from the House May 2, 2019; | ||
May 3, 2019, read first time and referred to Committee on Natural | ||
Resources & Economic Development; May 17, 2019, reported | ||
adversely, with favorable Committee Substitute by the following | ||
vote: Yeas 11, Nays 0; May 17, 2019, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 3745 | By: Birdwell |
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relating to the Texas emissions reduction plan fund and account. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. TEXAS EMISSIONS REDUCTION PLAN FUND AND ACCOUNT | ||
SECTION 1.01. Section 386.001, Health and Safety Code, is | ||
amended by adding Subdivision (1) and amending Subdivision (5) to | ||
read as follows: | ||
(1) "Account" means the Texas emissions reduction plan | ||
account established under Section 386.251. | ||
(5) "Fund" means the Texas emissions reduction plan | ||
fund established under Section 386.250. | ||
SECTION 1.02. Section 386.057(c), Health and Safety Code, | ||
is amended to read as follows: | ||
(c) For projects funded as part of the infrastructure | ||
program under Subchapter C, the report must: | ||
(1) describe and evaluate: | ||
(A) the infrastructure facilities funded under | ||
that subchapter; | ||
(B) the degree to which the funded facilities are | ||
supporting on-road or non-road diesel projects; | ||
(C) the amount of fuel or electricity dispensed | ||
for each facility; and | ||
(D) associated emissions reductions and | ||
cost-effectiveness; and | ||
(2) make a finding regarding the need for additional | ||
appropriations from the account [ |
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the program to achieve its goals. | ||
SECTION 1.03. The heading to Subchapter F, Chapter 386, | ||
Health and Safety Code, is amended to read as follows: | ||
SUBCHAPTER F. TEXAS EMISSIONS REDUCTION PLAN FUND AND ACCOUNT | ||
SECTION 1.04. Subchapter F, Chapter 386, Health and Safety | ||
Code, is amended by adding Section 386.250 to read as follows: | ||
Sec. 386.250. TEXAS EMISSIONS REDUCTION PLAN FUND. (a) The | ||
Texas emissions reduction plan fund is established as a trust fund | ||
outside the state treasury to be held by the comptroller and | ||
administered by the commission as trustee. Money in the fund may be | ||
spent without legislative appropriation and may be used only as | ||
provided by this chapter. Interest and other earnings on the | ||
balance of the fund shall be credited to the fund. | ||
(b) The fund consists of: | ||
(1) the amount of money deposited to the credit of the | ||
fund under: | ||
(A) Section 386.056; | ||
(B) Sections 151.0515 and 152.0215, 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. | ||
(c) Not later than the 30th day after the last day of each | ||
state fiscal biennium, the commission shall transfer the | ||
unencumbered balance of the fund remaining on the last day of the | ||
state fiscal biennium to the credit of the Texas emissions | ||
reduction plan account. | ||
SECTION 1.05. Section 386.251, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 386.251. TEXAS EMISSIONS REDUCTION PLAN ACCOUNT | ||
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an account in the state treasury. | ||
(b) The account [ |
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the benefit of the plan established under this chapter. The account | ||
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Government Code. Interest earned on the account [ |
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credited to the account [ |
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(c) The account [ |
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and [ |
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under Section 386.250(c) [ |
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SECTION 1.06. The heading to Section 386.252, Health and | ||
Safety Code, is amended to read as follows: | ||
Sec. 386.252. USE OF FUND AND ACCOUNT. | ||
SECTION 1.07. Sections 386.252(a), (b), (e), (f), (g), and | ||
(h), Health and Safety Code, are amended to read as follows: | ||
(a) Money in the fund and account 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 from the fund and account [ |
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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 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 $16 [ |
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million may be used by [ |
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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 may be used by [ |
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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. | ||
(b) Money in the fund and account may be used by the | ||
commission for programs under Sections 386.051(b)(13), (b)(14), | ||
and (b-1) [ |
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(e) Money in the fund and account may be used [ |
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for administrative costs incurred by the Energy Systems Laboratory | ||
at the Texas A&M Engineering Experiment Station [ |
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(f) Not [ |
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account may be used by the commission to conduct 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. | ||
(g) The [ |
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fund and account to award grants under the governmental alternative | ||
fuel fleet grant program established under Chapter 395, except that | ||
the commission may not use for that purpose more than three percent | ||
of the balance of the fund as of September 1 of each state fiscal | ||
year of the biennium for the governmental alternative fuel fleet | ||
grant program in that fiscal year. | ||
(h) Subject to the limitations outlined in this section [ |
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may be used for another program under the plan as determined by the | ||
commission, based on demand for grants for eligible projects under | ||
particular programs after the commission solicits projects to which | ||
to award grants according to the initial allocation provisions of | ||
this section. | ||
SECTION 1.08. Section 395.011, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 395.011. FUNDING. The legislature may appropriate | ||
money to the commission from the Texas emissions reduction plan | ||
account [ |
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program. | ||
SECTION 1.09. The amendments to Section 386.251, Health and | ||
Safety Code, made by this article do not affect the balance of the | ||
Texas Emissions Reduction Plan Account No. 5071 remaining on | ||
September 1, 2019. | ||
ARTICLE 2. FUNDING SOURCES | ||
SECTION 2.01. Section 151.0515(d), Tax Code, is amended to | ||
read as follows: | ||
(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 2.02. 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 2.03. 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 2.04. 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 2.05. 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 2.06. 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 2.07. Sections 8(a-2) and (b), Chapter 755 (S.B. | ||
1731), Acts of the 85th Legislature, Regular Session, 2017, are | ||
repealed. | ||
SECTION 2.08. This article takes effect August 30, 2019. | ||
ARTICLE 3. EFFECTIVE DATE | ||
SECTION 3.01. Except as otherwise provided by this Act, | ||
this Act takes effect September 1, 2019. | ||
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