Amend CSHB 2481 as follows:
(1) Insert the following appropriately numbered sections:
SECTION ___. Section 386.051(b), Health and Safety Code, 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; [and]
(3) the new technology research and development
program established under Chapter 387; and
(4) the clean school bus program established under
Chapter 390.
SECTION___. Section 386.052(b), Health and Safety Code, is
amended to read as follows:
(b) Appropriate commission objectives include:
(1) achieving maximum reductions in oxides of nitrogen
to demonstrate compliance with the state implementation plan;
(2) preventing areas of the state from being in
violation of national ambient air quality standards; [and]
(3) achieving cost-saving and multiple benefits by
reducing emissions of other pollutants; and
(4) achieving reductions of emissions of diesel
exhaust from school buses.
(2) Strike page 7, lines 4 and 5, and substitute the
following:
SECTION 11. Section 386.252, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(3) On page 7, line 11, between "than" and "10", insert "1.5
percent may be used for the clean school bus program and not more
than".
(4) On page 8, strike lines 6 and 7 and substitute the
following:
(c) Money in the fund may be allocated to the clean school
bus program only if the money is available for that purpose after
money is allocated as needed to achieve the emissions reduction
objectives in the state implementation plan.
SECTION 12. Effective September 1, 2008, Section 386.252,
Health and Safety Code, is amended by amending Subsection (a) and
adding Subsection (c) to read as follows:
(5) On page 8, line 13, between "than" and "10", insert "1.5
percent may be used for the clean school bus program and not more
than".
(6) On page 9, between lines 14 and 15, insert the following:
(c) Money in the fund may be allocated to the clean school
bus program only if the money is available for that purpose after
money is allocated as needed to achieve the emissions reduction
objectives in the state implementation plan.
(7) Insert the following appropriately numbered section:
SECTION___. Subtitle C, Title 5, Health and Safety Code, is
amended by adding Chapter 390 to read as follows:
CHAPTER 390. CLEAN SCHOOL BUS PROGRAM
Sec. 390.001. DEFINITIONS. In this chapter:
(1) "Diesel exhaust" means one or more of the air
pollutants emitted from an engine by the combustion of diesel fuel,
including particulate matter, nitrogen oxides, volatile organic
compounds, air toxics, and carbon monoxide.
(2) "Incremental cost" has the meaning assigned by
Section 386.001.
(3) "Program" means the clean school bus program
established under this chapter.
(4) "Qualifying fuel" includes any liquid or gaseous
fuel or additive registered or verified by the United States
Environmental Protection Agency, other than standard gasoline or
diesel, that is ultimately dispensed into a school bus that
provides reductions of emissions of particulate matter.
(5) "Retrofit" has the meaning assigned by Section
386.101.
Sec. 390.002. PROGRAM. (a) The commission shall establish
and administer a clean school bus program designed to reduce the
exposure of school children to diesel exhaust in and around
diesel-fueled school buses. Under the program, the commission shall
provide grants for eligible projects to offset the incremental cost
of projects that reduce emissions of diesel exhaust.
(b) Projects that may be considered for a grant under the
program include:
(1) diesel oxidation catalysts for school buses built
before 1994;
(2) diesel particulate filters for school buses built
from 1994 to 1998;
(3) the purchase and use of emission-reducing add-on
equipment for school buses, including devices that reduce crankcase
emissions;
(4) the use of qualifying fuel; and
(5) other technologies that the commission finds will
bring about significant emissions reductions.
Sec. 390.003. APPLICATION FOR GRANT. (a) A school district
in this state that operates one or more diesel-fueled school buses
or a transportation system provided by a countywide school district
may apply for and receive a grant under the program.
(b) The commission may adopt guidelines to allow a regional
planning commission, council of governments, or similar regional
planning agency created under Chapter 391, Local Government Code,
or a private nonprofit organization to also apply for and receive a
grant to improve the ability of the program to achieve its goals.
(c) An application for a grant under this chapter must be
made on a form provided by the commission and must contain the
information required by the commission.
Sec. 390.004. ELIGIBILITY OF PROJECTS FOR GRANTS. (a) The
commission by rule shall establish criteria for setting priorities
for projects eligible to receive grants under this chapter. The
commission shall review and may modify the criteria and priorities
as appropriate.
(b) A school bus proposed for retrofit must be used on a
regular, daily route to and from a school and have at least five
years of useful life remaining unless the applicant agrees to
remove the retrofit device at the end of the life of the bus and
reinstall the device on another bus.
Sec. 390.005. RESTRICTION ON USE OF GRANT. A recipient of a
grant under this chapter shall use the grant to pay the incremental
costs of the project for which the grant is made, which may include
the reasonable and necessary expenses incurred for the labor needed
to install emissions-reducing equipment. The recipient may not use
the grant to pay the recipient's administrative expenses.
Sec. 390.006. EXPIRATION. This chapter expires August 31,
2013.
(8) Renumber the sections of the bill accordingly.