Bill Text: TX HB70 | 2021 | 87th Legislature 2nd Special Session | Introduced


Bill Title: Relating to the creation of an energy efficiency loan guarantee program under the Texas emissions reduction plan.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-08-06 - Filed [HB70 Detail]

Download: Texas-2021-HB70-Introduced.html
 
 
  By: Reynolds H.B. No. 70
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of an energy efficiency loan guarantee
  program under the Texas emissions reduction plan.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 386.051(b), Health and Safety Code, as
  effective September 1, 2021, 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);
               (18)  the governmental alternative fuel fleet grant
  program established under Chapter 395; [and]
               (19)  remittance of funds to the state highway fund for
  use by the Texas Department of Transportation for congestion
  mitigation and air quality improvement projects in nonattainment
  areas and affected counties; and
               (20)  the energy efficiency loan guarantee program
  established under Section 388.013.
         SECTION 2.  Section 386.252(a), Health and Safety Code, as
  effective September 1, 2021, is 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) and after remittance to the state highway fund under
  Subsection (a-1), money from the fund and account 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 $16 million
  may be used by 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 may be used by 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)  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.  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 4.  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), [and] 388.006, and 388.013, shall
  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 5.  This Act takes effect on the 91st day after the
  last day of the legislative session.
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