Bill Text: TX SB1685 | 2015-2016 | 84th Legislature | Introduced


Bill Title: Relating to the repeal of the Texas emissions reduction plan and the low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement program.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-03-23 - Referred to Natural Resources & Economic Development [SB1685 Detail]

Download: Texas-2015-SB1685-Introduced.html
  2015S0467-1 03/12/15
 
  By: Huffines S.B. No. 1685
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the repeal of the Texas emissions reduction plan and the
  low-income vehicle repair assistance, retrofit, and accelerated
  vehicle retirement program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 382.202(g), Health and Safety Code, is
  amended to read as follows:
         (g)  The commission shall,[:
               [(1)     use part of the fee collected under Subsection
  (e) to fund low-income vehicle repair assistance, retrofit, and
  accelerated vehicle retirement programs created under Section
  382.209; and
               [(2)]  to the extent practicable, distribute available
  funding created under Subsection (e) to affected [participating]
  counties in reasonable proportion to the amount of fees collected
  under Subsection (e) in those counties or in the regions in which
  those counties are located.
         SECTION 2.  Section 382.212(b), Health and Safety Code, is
  amended to read as follows:
         (b)  To the extent allowable under federal law, the
  commission by rule shall authorize:
               (1)  [the assignment of a percentage of emissions
  reduction credit to a private, commercial, or business entity that
  purchases, for accelerated retirement, a qualified vehicle under a
  low-income vehicle repair assistance, retrofit, and accelerated
  vehicle retirement program;
               [(2)]  the transferability of an assigned emissions
  reduction credit;
               (2) [(3)]  the use of emissions reduction credit by the
  holder of the credit against any state or federal emissions
  requirements applicable to a facility owned or operated by the
  holder of the credit; and
               (3) [(4)]  the assignment of a percentage of emissions
  reduction credit, on the retirement of a fleet vehicle, a vehicle
  owned or leased by a governmental entity, or a commercial vehicle,
  to the owner or lessor of the vehicle[; and
               [(5)     other actions relating to the disposition or use
  of emissions reduction credit that the commission determines will
  benefit the implementation of low-income vehicle repair
  assistance, retrofit, and accelerated vehicle retirement programs
  established under Section 382.209].
         SECTION 3.  Sections 382.213(a) and (a-1), Health and Safety
  Code, are amended to read as follows:
         (a)  Except as provided by Subsection (c) and Subdivision (5)
  of this subsection, a vehicle retired under an accelerated vehicle
  retirement program authorized by former Section 382.209 may not be
  resold or reused in its entirety in this or another state. Subject
  to the provisions of Subsection (i), the automobile dealer who
  takes possession of the vehicle must submit to the program
  administrator proof, in a manner adopted by the commission, that
  the vehicle has been retired. The vehicle must be:
               (1)  destroyed;
               (2)  recycled; or
               (3)  dismantled and its parts sold as used parts [or
  used in the program;
               [(4)     placed in a storage facility of a program
  established under Section 382.209 and subsequently destroyed,
  recycled, or dismantled and its parts sold or used in the program;
  or
               [(5)     repaired, brought into compliance, and used as a
  replacement vehicle under Section 382.209(d)(2)].
         (a-1)  The commission shall establish a partnership with
  representatives of the steel industry, automobile dismantlers, and
  the scrap metal recycling industry to ensure that:
               (1)  vehicles retired under former Section 382.209 are
  scrapped or recycled; and
               (2)  proof of scrapping or recycling is provided to the
  commission.
         SECTION 4.  Section 382.216, Health and Safety Code, is
  amended to read as follows:
         Sec. 382.216.  INCENTIVES FOR VOLUNTARY PARTICIPATION IN
  VEHICLE EMISSIONS INSPECTION AND MAINTENANCE PROGRAM. The
  commission, the Texas Department of Transportation, and the Public
  Safety Commission may, subject to federal limitations:
               (1)  encourage counties likely to exceed federal clean
  air standards to implement voluntary[:
                     [(A)]  motor vehicle emissions inspection and
  maintenance programs; [and
                     [(B)     low-income vehicle repair assistance,
  retrofit, and accelerated vehicle retirement programs;]
               (2)  establish incentives for counties to voluntarily
  implement motor vehicle emissions inspection and maintenance
  programs [and low-income vehicle repair assistance, retrofit, and
  accelerated vehicle retirement programs]; and
               (3)  designate a county that voluntarily implements a
  motor vehicle emissions inspection and maintenance program [or a
  low-income vehicle repair assistance, retrofit, and accelerated
  vehicle retirement program] as a "Clean Air County" and give
  preference to a county designated as a Clean Air County in any
  federal or state clean air grant program.
         SECTION 5.  Sections 382.220(a) and (d), Health and Safety
  Code, are amended to read as follows:
         (a)  Money that is made available to affected
  [participating] counties under Section 382.202(g) or 382.302 may be
  appropriated only for programs administered in accordance with
  Chapter 783, Government Code, to improve air quality. An affected
  [A participating] county may agree to contract with any appropriate
  entity, including a metropolitan planning organization or a council
  of governments to implement a program under Section 382.202[,
  382.209,] or this section.
         (d)  Fees collected under Sections 382.202 and 382.302 may be
  used in an amount not to exceed $7 million per fiscal year for
  projects described by Subsection (b), of which $2 million may be
  used only for projects described by Subsection (b)(4). The
  remaining $5 million may be used for any project described by
  Subsection (b). The fees shall be made available [only to counties
  participating in the low-income vehicle repair assistance,
  retrofit, and accelerated vehicle retirement programs created
  under Section 382.209 and] only on a matching basis, whereby the
  commission provides money to a county in the same amount that the
  county dedicates to a project authorized by Subsection (b). The
  commission may reduce the match requirement for a county that
  proposes to develop and implement independent test facility fraud
  detection programs, including the use of remote sensing technology
  for coordinating with law enforcement officials to detect, prevent,
  and prosecute the use of counterfeit registration insignia and
  vehicle inspection reports.
         SECTION 6.  The following provisions of the Health and
  Safety Code are repealed:
               (1)  Sections 382.201(4), 382.205(f), 382.209,
  382.210, 382.211, 382.214, and 382.302(e); and
               (2)  Chapter 386.
         SECTION 7.  This Act takes effect September 1, 2015.
feedback