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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of and funding for the Texas |
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emissions reduction plan. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 386.104(c-1), Health and Safety Code, is |
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amended to read as follows: |
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(c-1) For a proposed project involving a marine vessel or |
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engine, the vessel or engine must be operated in the [intercoastal] |
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waterways or bays adjacent to a nonattainment area or affected |
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county of this state for no less than [a sufficient] amount of time |
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over the lifetime of the project [as determined by the commission,] |
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to meet the cost-effectiveness requirements of Section 386.105. |
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SECTION 2. Section 386.116(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) In this section, "small business" means a business owned |
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by a person who: |
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(1) owns and operates not more than six [five] |
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vehicles, one of which is: |
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(A) an on-road diesel; or |
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(B) a non-road diesel; and |
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(2) has owned the vehicle described by Subdivision |
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(1)(A) or (B) for more than two years. |
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SECTION 3. Section 386.252, Health and Safety Code, is |
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amended by amending Subsection (a) to read as follows: |
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Sec. 386.252. USE OF FUND AND ACCOUNT. (a) Money in the |
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fund and account may be used only to implement and administer |
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programs established under the plan. Subject to the reallocation |
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of funds by the commission under Subsection (h), money from the fund |
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and account to be used for the programs under Section 386.051(b) |
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shall initially be allocated as follows: |
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(1) four percent may be used for the clean school bus |
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program under Chapter 390; |
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(2) four [three] percent may be used for the new |
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technology implementation grant program under Chapter 391, from |
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which at least $1 million will be set aside for electricity storage |
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projects related to renewable energy; |
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(3) four [five] percent may be used for the clean fleet |
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program under Chapter 392; |
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(4) not more than $3 million may be used by the |
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commission to fund a regional air monitoring program in commission |
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Regions 3 and 4 to be implemented under the commission's oversight, |
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including direction regarding the type, number, location, and |
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operation of, and data validation practices for, monitors funded by |
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the program through a regional nonprofit entity located in North |
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Texas having representation from counties, municipalities, higher |
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education institutions, and private sector interests across the |
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area; |
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(5) 10 percent may be used for the Texas natural gas |
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vehicle grant program under Chapter 394; |
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(6) not more than $6 million may be used for the Texas |
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alternative fueling facilities program under Chapter 393, of which |
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a specified amount may be used for fueling stations to provide |
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natural gas fuel, except that money may not be allocated for the |
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Texas alternative fueling facilities program for the state fiscal |
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year ending August 31, 2019; |
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(7) not more than $750,000 may be used each year to |
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support research related to air quality as provided by Chapter 387; |
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(8) not more than $200,000 may be used for a health |
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effects study; |
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(9) at least $6 million but not more than $16 million |
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may be used by the commission for administrative costs, including |
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all direct and indirect costs for administering the plan, costs for |
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conducting outreach and education activities, and costs |
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attributable to the review or approval of applications for |
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marketable emissions reduction credits; |
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(10) six percent may be used by the commission for the |
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seaport and rail yard areas emissions reduction program established |
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under Subchapter D-1; |
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(11) five percent may be used for the light-duty motor |
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vehicle purchase or lease incentive program established under |
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Subchapter D; |
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(12) not more than $216,000 may be used by the |
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commission to contract with the Energy Systems Laboratory at the |
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Texas A&M Engineering Experiment Station annually for the |
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development and annual computation of creditable statewide |
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emissions reductions obtained through wind and other renewable |
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energy resources for the state implementation plan; |
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(13) not more than $500,000 may be used for studies of |
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or pilot programs for incentives for port authorities located in |
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nonattainment areas or affected counties to encourage cargo |
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movement that reduces emissions of nitrogen oxides and particulate |
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matter; and |
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(14) the balance is to be used by the commission for |
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the diesel emissions reduction incentive program under Subchapter C |
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as determined by the commission. |
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SECTION 4. Section 151.0515(b), Tax Code, is amended to |
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read as follows: |
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(b) In each county in this state, a surcharge is imposed on |
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the retail sale, lease, or rental of new or used equipment in an |
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amount equal to 1 [1.5] percent of the sale price or the lease or |
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rental amount. |
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SECTION 5. The changes in law made by this Act apply only to |
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a Texas emissions reduction plan grant awarded on or after the |
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effective date of this Act. A grant awarded before the effective |
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date of this Act is governed by the law in effect on the date the |
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award was made, and the former law is continued in effect for that |
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purpose. |
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SECTION 6. This Act takes effect September 1, 2021. |