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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of school buses and electricity by public |
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schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 34.009(j), Education Code, is amended to |
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read as follows: |
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(j) A contract under this section may have any lawful term |
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of not less than 2 [two] or more than 15 [10] years. |
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SECTION 2. Section 390.002(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) Projects that may be considered for a grant under the |
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program include: |
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(1) diesel oxidation catalysts for school buses built |
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before 1994; |
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(2) diesel particulate filters for school buses built |
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from 1994 to 1998; |
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(3) the purchase and use of emission-reducing add-on |
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equipment for school buses, including devices that reduce crankcase |
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emissions; |
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(4) the use of qualifying fuel; |
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(5) other technologies that the commission finds will |
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bring about significant emissions reductions; [and] |
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(6) the replacement or conversion of a [pre-2007 model |
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year] school bus eligible for replacement or conversion under |
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Section 390.004; and |
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(7) the installation of charging infrastructure for |
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electric school buses. |
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SECTION 3. Section 390.003, Health and Safety Code, is |
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amended by adding Subsection (a-1) to read as follows: |
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(a-1) A private entity that leases school buses to a school |
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district or provides school bus services or supporting |
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infrastructure to a school district by contract may apply for and |
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receive a grant under the program. |
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SECTION 4. Section 390.004, Health and Safety Code, is |
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amended by amending Subsections (a), (c), and (d) and adding |
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Subsections (a-1) and (a-2) to read as follows: |
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(a) The commission by rule shall establish criteria for |
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setting priorities for projects eligible to receive grants under |
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this chapter. Except as provided by Subsection (a-1), the [The] |
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commission shall review and may modify the criteria and priorities |
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as appropriate. |
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(a-1) The criteria must prioritize projects that achieve |
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the greatest reductions in diesel exhaust, especially particulate |
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matter. |
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(a-2) The commission shall ensure that at least 75 percent |
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of the money issued for grants under this chapter is issued for |
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projects to purchase electric buses or to convert diesel buses into |
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electric buses. |
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(c) A school bus proposed for replacement must: |
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(1) be of model year 2006 or earlier if the bus will be |
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replaced with a combustion engine bus; |
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(1-a) be of a model year that is at least nine years |
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older than the year in which the grant application is submitted or |
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have an odometer reading at least 200,000 miles if the bus will be |
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replaced with an electric bus; |
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(2) have been owned and operated by the applicant for |
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at least the two years before submission of the grant application; |
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(3) be in good operational condition; and |
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(4) be currently used on a regular, daily route to and |
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from a school. |
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(d) A school bus proposed for purchase to replace a |
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[pre-2007 model year] school bus described by Subsection (c) must |
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be of the current model year or the year before the current model |
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year at the time of submission of the grant application. |
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SECTION 5. Section 390.005(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A recipient of a grant under this chapter shall use the |
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grant to pay the incremental costs of the project for which the |
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grant is made, which may include the reasonable and necessary |
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expenses incurred for the labor needed to install |
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emissions-reducing equipment or vehicle charging infrastructure. |
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The recipient may not use the grant to pay the recipient's |
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administrative expenses. |
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SECTION 6. Subchapter H, Chapter 36, Utilities Code, is |
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amended by adding Section 36.3531 to read as follows: |
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Sec. 36.3531. TIME-OF-USE RATES FOR PUBLIC SCHOOLS. (a) |
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Notwithstanding any other provision of this title, each electric |
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utility that provides electric service to a retail customer shall |
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offer to a school district or open-enrollment charter school served |
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by the electric utility time-of-use rates to promote efficient: |
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(1) charging of electric school buses; and |
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(2) energy use in school buildings. |
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(b) Notwithstanding any other provision of this title, each |
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transmission and distribution utility in the ERCOT power region |
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shall offer to any retail electric provider in its service area that |
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serves a school district or open-enrollment charter school a rate |
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structure that allows the retail electric provider to offer |
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time-of-use rates to the district or school to promote efficient: |
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(1) charging of electric school buses; and |
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(2) energy use for school buildings. |
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(c) A regulatory authority shall provide a mechanism for |
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approving a tariff in accordance with this section. |
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SECTION 7. The changes in law made by this Act in Chapter |
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390, Health and Safety Code, apply only to a Texas emissions |
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reduction plan grant awarded on or after the effective date of this |
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Act. A grant awarded before the effective date of this Act is |
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governed by the law in effect on the date the award was made, and the |
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former law is continued in effect for that purpose. |
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SECTION 8. The changes in law made by this Act in Section |
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36.3531, Utilities Code, as added by this Act, do not require an |
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electric utility to initiate a new ratemaking proceeding. An |
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electric utility shall comply with Section 36.3531, Utilities Code, |
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as added by this Act, beginning with the electric utility's first |
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ratemaking proceeding that begins after the effective date of this |
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Act. |
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SECTION 9. This Act takes effect September 1, 2023. |