79R12376 SMH-D
By: Bonnen H.B. No. 2481
Substitute the following for H.B. No. 2481:
By: Bonnen C.S.H.B. No. 2481
A BILL TO BE ENTITLED
AN ACT
relating to the Texas emissions reduction plan, including the use
of money currently dedicated to the Texas emissions reduction plan
fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 386.002, Health and Safety Code, is
amended to read as follows:
Sec. 386.002. EXPIRATION. This chapter expires August 31,
2013 [2008].
SECTION 2. Section 386.053(c), Health and Safety Code, is
amended to read as follows:
(c) The commission shall make draft guidelines and criteria
available to the public and the United States Environmental
Protection Agency before the 30th [45th] day preceding the date of
final adoption and shall hold at least one public meeting to
consider public comments on the draft guidelines and criteria
before final adoption. The public meeting shall be held in the
affected state implementation plan area, and if the guidelines
affect more than one state implementation plan area, a public
meeting shall be held in each affected state implementation plan
area affected by the guidelines.
SECTION 3. Section 386.056, Health and Safety Code, is
amended by amending Subsections (a), (b), and (c) and adding
Subsection (a-1) to read as follows:
(a) An owner or operator of a site located in the
Houston-Galveston or Dallas-Fort Worth nonattainment area may use
emissions reductions generated by a program established under this
chapter to offset the requirements of commission rules relating to
control of air pollution from oxides of nitrogen if:
(1) the owner or operator of the site contributes to
the Texas Mobility Fund [fund] $75,000 for each ton of emissions
that is used, not to exceed 25 tons annually and not to exceed
one-half ton per day;
(2) the owner or operator of the site demonstrates to
the commission's satisfaction that the site will be in full
compliance with the commission's emissions reduction rules not
later than the fifth anniversary of the date on which the emissions
reductions would otherwise be required;
(3) emissions from the site are reduced by at least 80
percent from the established baseline; and
(4) the commission approves a petition by the owner or
operator that demonstrates that it is technically infeasible to
comply with the commission's emissions reduction requirements
above 80 percent.
(a-1) The comptroller shall establish a record of the amount
of the contributions deposited to the credit of the Texas Mobility
Fund under Subsection (a). The Texas Department of Transportation
may not use contributions deposited to the credit of the Texas
Mobility Fund under Subsection (a) to construct, maintain, or
operate a toll road, toll bridge, or turnpike. On or before the
fifth workday of each month, the Texas Department of Transportation
shall remit to the comptroller for deposit to the credit of the
Texas emissions reduction plan fund an amount of money equal to the
amount of the contributions deposited by the comptroller to the
credit of the Texas Mobility Fund under Subsection (a) in the
preceding month. The Texas Department of Transportation shall use
for remittance to the comptroller as required by this subsection
money in the state highway fund that is not required to be used for a
purpose specified by Section 7-a, Article VIII, Texas Constitution,
and may not use for that remittance money received by this state
under the congestion mitigation and air quality improvement program
established under 23 U.S.C. Section 149.
(b) Money deposited to the credit of the Texas emissions
reduction plan fund [Funds collected] under Subsection (a-1) [this
section] shall be used to generate emissions reductions needed to
meet the commission's attainment demonstration.
(c) The commission shall verify that emissions reductions
generated from the use of money deposited to the credit of the Texas
emissions reduction plan fund [funds collected] under Subsection
(a-1) [this section] occur in the same nonattainment area in which
the site that purchased the emissions reductions is located.
SECTION 4. Sections 386.058(b) and (e), Health and Safety
Code, are amended to read as follows:
(b) The governor shall appoint to the advisory board:
(1) a representative of the trucking industry;
(2) a representative of the air conditioning
manufacturing industry;
(3) a representative of the electric utility industry;
(4) a representative of regional transportation; and
(5) a representative of the nonprofit organization
described by Section 386.252(a)(2) [the Texas Council on
Environmental Technology].
(e) Appointed members of the advisory board serve staggered
four-year [two-year] terms, with the [. The] terms of seven or
eight appointed members expiring [expire] February 1 of each
[even-numbered year. The terms of eight appointed members expire
February 1 of each] odd-numbered year. An appointed member may be
reappointed to a subsequent term.
SECTION 5. Section 386.101(6), Health and Safety Code, is
amended to read as follows:
(6) "On-road diesel" means an on-road diesel-powered
motor vehicle [that has a gross vehicle weight rating of 8,500
pounds or more].
SECTION 6. Section 386.111(a), Health and Safety Code, is
amended to read as follows:
(a) The commission shall review an application for a grant
for a project authorized under this subchapter, including an
application for a grant for an infrastructure project, immediately
on receipt of the application. If the commission determines that an
application is incomplete, the commission shall notify the
applicant[, not later than the 15th working day after the date on
which the commission received the application,] with an explanation
of what is missing from the application. The commission shall
[record the date and time of receipt of each application the
commission determines to be complete and shall] evaluate the
completed application according to the appropriate project
criteria. Subject to available funding, the commission shall make
a final determination on an application as soon as possible [and not
later than the 60th working day after the date the application is
determined to be complete].
SECTION 7. Section 386.115, Health and Safety Code, is
amended to read as follows:
Sec. 386.115. MODIFICATION OF VEHICLE ELIGIBILITY. After
evaluating the availability of vehicles meeting the emissions
standards and after public notice and comment, the commission, in
consultation with the advisory board, may expand the program to
include other on-road vehicles, regardless of fuel type used, that
meet the emissions standards[, have a gross vehicle weight rating
of greater than 8,500 pounds,] and are purchased or leased in lieu
of a new on-road diesel.
SECTION 8. Section 386.116(d), Health and Safety Code, is
amended to read as follows:
(d) The [On or before December 1 of each even-numbered year,
the] commission shall include in the biennial plan report required
by Section 386.057(b) a report of commission actions and results
under this section [to the governor, lieutenant governor, and
speaker of the house of representatives].
SECTION 9. Subchapter C, Chapter 386, Health and Safety
Code, is amended by adding Section 386.117 to read as follows:
Sec. 386.117. REBATE GRANTS. (a) The commission shall
adopt a process for awarding grants under this subchapter in the
form of rebates to streamline the grant application, contracting,
reimbursement, and reporting processes for certain projects. The
process adopted under this section must:
(1) designate certain types of projects, such as
repowers, replacements, and retrofits, as eligible for rebates;
(2) project standardized oxides of nitrogen emissions
reductions for each designated project type;
(3) assign a standardized rebate amount for each
designated project type;
(4) allow for processing rebates on an ongoing
first-come, first-served basis; and
(5) consolidate, simplify, and reduce the
administrative work for applicants and the commission associated
with grant application, contracting, reimbursement, and reporting
processes for designated project types.
(b) The commission may limit or expand the designated
project types as necessary to further the goals of the program.
(c) The commission may award rebate grants as a pilot
project for a specific region or may award the grants statewide.
(d) The commission may administer the rebate grants or may
designate another entity to administer the grants.
SECTION 10. Section 386.251(c), Health and Safety Code, is
amended to read as follows:
(c) The fund consists of:
(1) the amount of money deposited to the credit of the
fund [contributions, fees, and surcharges] under:
(A) Section 386.056;
(B) Sections 151.0515 and 152.0215, Tax Code; and
(C) Sections 501.138, 502.1675, and 548.5055
[and 548.256(c)], Transportation Code; and
(2) grant money recaptured under Section 386.111(d).
SECTION 11. Section 386.252(a), Health and Safety Code, is
amended to read as follows:
(a) Money in the fund may be used only to implement and
administer programs established under the plan and shall be
allocated as follows:
(1) for the diesel emissions reduction incentive
program, 87.5 percent of the money in the fund, of which not more
than 10 percent may be used for on-road diesel purchase or lease
incentives;
(2) for the new technology research and development
program, 9.5 percent of the money in the fund, of which up to
$350,000 [$250,000] is allocated for administration, up to $200,000
is allocated for a health effects study, $500,000 is to be deposited
in the state treasury to the credit of the clean air account created
under Section 382.0622 to supplement funding for air quality
planning activities in affected counties, [and] not less than 20
percent is to be allocated each year to support research related to
air quality for the Houston-Galveston-Brazoria and Dallas-Fort
Worth nonattainment areas by a nonprofit organization based in
Houston, and the balance is to be allocated each year to that
nonprofit organization based in Houston to be used to implement and
administer the new technology research and development program
under a contract with the commission for the purpose of
identifying, testing, and evaluating new emissions-reducing
technologies with potential for commercialization in this state and
to facilitate their certification or verification; and
(3) for administrative costs incurred by the
commission and the laboratory, three percent of the money in the
fund.
SECTION 12. Effective September 1, 2008, Section
386.252(a), Health and Safety Code, is amended to read as follows:
(a) Money in the fund may be used only to implement and
administer programs established under the plan and shall be
allocated as follows:
(1) for the diesel emissions reduction incentive
program, 64 [87.5] percent of the money in the fund, of which not
more than 10 percent may be used for on-road diesel purchase or
lease incentives;
(2) for the new technology research and development
program, 33 [9.5] percent of the money in the fund, of which up to
$350,000 [$250,000] is allocated for administration, up to $200,000
is allocated for a health effects study, $500,000 is to be deposited
in the state treasury to the credit of the clean air account created
under Section 382.0622 to supplement funding for air quality
planning activities in affected counties, [and] not less than 10
[20] percent is to be allocated each year to support research
related to air quality for the Houston-Galveston-Brazoria and
Dallas-Fort Worth nonattainment areas by a nonprofit organization
based in Houston, not less than 25.5 percent is to be allocated each
year to that nonprofit organization based in Houston to be used to
implement and administer the new technology research and
development program under a contract with the commission for the
purpose of identifying, testing, and evaluating new
emissions-reducing technologies with potential for
commercialization in this state and to facilitate their
certification or verification, and the balance is to be allocated
each year to the commission to fund promising new technologies as
identified through the new technology research and development
program and recommended by that nonprofit organization based in
Houston in order to permit obtaining the maximum credits for
emissions reductions under the state's air quality state
implementation plans; and
(3) for administrative costs incurred by the
commission and the laboratory, three percent of the money in the
fund.
SECTION 13. Section 387.003(a), Health and Safety Code, is
amended to read as follows:
(a) The nonprofit organization described by Section
386.252(a)(2), under a contract with the commission as described by
that section[, in consultation with the Texas Council on
Environmental Technology], shall establish and administer a new
technology research and development program as provided by this
chapter.
SECTION 14. Section 387.005(a), Health and Safety Code, is
amended to read as follows:
(a) Grants awarded under this chapter shall be directed
toward a balanced mix of:
(1) retrofit and add-on technologies to reduce
emissions from the existing stock of vehicles targeted by the Texas
emissions reduction plan;
(2) advanced technologies for new engines and vehicles
that produce very-low or zero emissions of oxides of nitrogen,
including stationary and mobile fuel cells;
(3) studies to improve air quality assessment and
modeling; and
(4) [advanced technologies that promote increased
building and appliance energy performance; and
[(5)] advanced technologies that reduce emissions
from other significant sources.
SECTION 15. Section 388.003(e), Health and Safety Code, is
amended to read as follows:
(e) Local amendments may not result in less stringent energy
efficiency requirements in nonattainment areas and in affected
counties than the energy efficiency chapter of the International
Residential Code or International Energy Conservation Code. Local
amendments must comply with the National Appliance Energy
Conservation Act of 1987 (42 U.S.C. Sections 6291-6309), as
amended. The laboratory, at the request of a municipality or
county, shall determine the relative impact of proposed local
amendments to an energy code, including whether proposed amendments
are substantially equal to or less stringent than the unamended
code. For the purpose of establishing uniform requirements
throughout a region, and on request of a council of governments, a
county, or a municipality, the laboratory may recommend a
climatically appropriate modification or a climate zone
designation for a county or group of counties that is different from
the climate zone designation in the unamended code. The laboratory
shall:
(1) report its findings to the council, county, or
municipality, including an estimate of any energy savings potential
above the base code from local amendments; and
(2) annually submit a report to the commission:
(A) identifying the municipalities and counties
whose codes are more stringent than the unamended code, and whose
codes are equally stringent or less stringent than the unamended
code; and
(B) quantifying energy savings and emissions
reductions from this program.
SECTION 16. Section 389.003, Health and Safety Code, is
amended to read as follows:
Sec. 389.003. COMPUTING ENERGY EFFICIENCY EMISSIONS
REDUCTIONS AND ASSOCIATED CREDITS. (a) The commission shall
develop a method to use in computing emissions reductions obtained
through energy efficiency initiatives, including renewable energy
initiatives, and the credits associated with those reductions.
(b) The laboratory shall assist the commission and affected
political subdivisions in quantifying, as part of the state
implementation plan, credits for emissions reductions attributable
to energy efficiency programs, including renewable energy
programs.
SECTION 17. Section 151.0515, Tax Code, is amended by
amending Subsections (c) and (d) and adding Subsection (c-1) to
read as follows:
(c) The surcharge shall be collected at the same time and in
the same manner and shall be administered and enforced in the same
manner as the tax imposed under this chapter. The comptroller shall
adopt any additional procedures needed for the collection,
administration, and enforcement of the surcharge authorized by this
section and shall deposit all remitted surcharges to the credit of
the Texas Mobility Fund [emissions reduction plan fund].
(c-1) The comptroller shall establish a record of the amount
of the surcharges deposited to the credit of the Texas Mobility Fund
under Subsection (c). The Texas Department of Transportation may
not use surcharges deposited to the credit of the Texas Mobility
Fund under Subsection (c) to construct, maintain, or operate a toll
road, toll bridge, or turnpike. On or before the fifth workday of
each month, the Texas Department of Transportation shall remit to
the comptroller for deposit to the credit of the Texas emissions
reduction plan fund an amount of money equal to the amount of the
surcharges deposited by the comptroller to the credit of the Texas
Mobility Fund under Subsection (c) in the preceding month. The
Texas Department of Transportation shall use for remittance to the
comptroller as required by this subsection money in the state
highway fund that is not required to be used for a purpose specified
by Section 7-a, Article VIII, Texas Constitution, and may not use
for that remittance money received by this state under the
congestion mitigation and air quality improvement program
established under 23 U.S.C. Section 149.
(d) This section expires September 30, 2013 [2008].
SECTION 18. Section 152.0215, Tax Code, is amended by
amending Subsections (b) and (c) and adding Subsection (b-1) to
read as follows:
(b) The surcharge shall be collected at the same time and in
the same manner and shall be administered and enforced in the same
manner as the tax imposed under this chapter. The comptroller by
rule shall adopt any additional procedures needed for the
collection, administration, and enforcement of the surcharge
authorized by this section and shall deposit all remitted
surcharges to the credit of the Texas Mobility Fund [emissions
reduction plan fund].
(b-1) The comptroller shall establish a record of the amount
of the surcharges deposited to the credit of the Texas Mobility Fund
under Subsection (b). The Texas Department of Transportation may
not use surcharges deposited to the credit of the Texas Mobility
Fund under Subsection (b) to construct, maintain, or operate a toll
road, toll bridge, or turnpike. On or before the fifth workday of
each month, the Texas Department of Transportation shall remit to
the comptroller for deposit to the credit of the Texas emissions
reduction plan fund an amount of money equal to the amount of the
surcharges deposited by the comptroller to the credit of the Texas
Mobility Fund under Subsection (b) in the preceding month. The
Texas Department of Transportation shall use for remittance to the
comptroller as required by this subsection money in the state
highway fund that is not required to be used for a purpose specified
by Section 7-a, Article VIII, Texas Constitution, and may not use
for that remittance money received by this state under the
congestion mitigation and air quality improvement program
established under 23 U.S.C. Section 149.
(c) This section expires September 30, 2013 [2008].
SECTION 19. Section 501.138, Transportation Code, is
amended by amending Subsections (a) and (b) and adding Subsections
(b-1), (b-2), and (b-3) to read as follows:
(a) An applicant for a certificate of title, other than the
state or a political subdivision of the state, must pay the county
assessor-collector a fee of:
(1) $33 if the applicant's residence is a county
located within a nonattainment area as defined under Section 107(d)
of the federal Clean Air Act (42 U.S.C. Section 7407), as amended,
or is an affected county, as defined by Section 386.001, Health and
Safety Code; or
(2) $28 if the applicant's residence is any other
county[; or
[(3) on or after September 1, 2008, $28 regardless of
the county in which the applicant resides].
(b) The county assessor-collector shall send:
(1) $5 of the fee to the county treasurer for deposit
in the officers' salary fund;
(2) $8 of the fee to the department:
(A) together with the application within the time
prescribed by Section 501.023; or
(B) if the fee is deposited in an
interest-bearing account or certificate in the county depository or
invested in an investment authorized by Subchapter A, Chapter 2256,
Government Code, not later than the 35th day after the date on which
the fee is received; and
(3) the following amount to the comptroller at the
time and in the manner prescribed by the comptroller:
(A) $20 of the fee if the applicant's residence
is a county located within a nonattainment area as defined under
Section 107(d) of the federal Clean Air Act (42 U.S.C. Section
7407), as amended, or is an affected county, as defined by Section
386.001, Health and Safety Code; or
(B) $15 of the fee if the applicant's residence
is any other county. [; or]
(b-1) [(C)] Fees collected under Subsection (b) [this
subsection] to be sent to the comptroller shall be deposited [as
follows:
[(i) before September 1, 2008, to the
credit of the Texas emissions reduction fund; and
[(ii) after September 1, 2008,] to the
credit of the Texas Mobility Fund.
(b-2) The comptroller shall establish a record of the amount
of the fees deposited to the credit of the Texas Mobility Fund under
Subsection (b-1). On or before the fifth workday of each month, the
department shall remit to the comptroller for deposit to the credit
of the Texas emissions reduction plan fund an amount of money equal
to the amount of the fees deposited by the comptroller to the credit
of the Texas Mobility Fund under Subsection (b-1) in the preceding
month. The department shall use for remittance to the comptroller
as required by this subsection money in the state highway fund that
is not required to be used for a purpose specified by Section 7-a,
Article VIII, Texas Constitution, and may not use for that
remittance money received by this state under the congestion
mitigation and air quality improvement program established under 23
U.S.C. Section 149.
(b-3) This subsection and Subsection (b-2) expire September
1, 2010.
SECTION 20. Section 502.1675, Transportation Code, is
amended by amending Subsections (b) and (c) and adding Subsection
(b-1) to read as follows:
(b) The county tax assessor-collector shall remit the
surcharge collected under this section to the comptroller at the
time and in the manner prescribed by the comptroller for deposit in
the Texas Mobility Fund [emissions reduction plan fund].
(b-1) The comptroller shall establish a record of the amount
of the surcharges deposited to the credit of the Texas Mobility Fund
under Subsection (b). The department may not use surcharges
deposited to the credit of the Texas Mobility Fund under Subsection
(b) to construct, maintain, or operate a toll road, toll bridge, or
turnpike. On or before the fifth workday of each month, the
department shall remit to the comptroller for deposit to the credit
of the Texas emissions reduction plan fund an amount of money equal
to the amount of the surcharges deposited by the comptroller to the
credit of the Texas Mobility Fund under Subsection (b) in the
preceding month. The department shall use for remittance to the
comptroller as required by this subsection money in the state
highway fund that is not required to be used for a purpose specified
by Section 7-a, Article VIII, Texas Constitution, and may not use
for that remittance money received by this state under the
congestion mitigation and air quality improvement program
established under 23 U.S.C. Section 149.
(c) This section expires August 31, 2013 [2008].
SECTION 21. Section 548.5055, Transportation Code, is
amended by amending Subsections (b) and (c) and adding Subsection
(b-1) to read as follows:
(b) The department shall remit fees collected under this
section to the comptroller at the time and in the manner prescribed
by the comptroller for deposit in the Texas Mobility Fund [emission
reduction plan fund].
(b-1) The comptroller shall establish a record of the amount
of the fees deposited to the credit of the Texas Mobility Fund under
Subsection (b). The Texas Department of Transportation may not use
fees deposited to the credit of the Texas Mobility Fund under
Subsection (b) to construct, maintain, or operate a toll road, toll
bridge, or turnpike. On or before the fifth workday of each month,
the Texas Department of Transportation shall remit to the
comptroller for deposit to the credit of the Texas emissions
reduction plan fund an amount of money equal to the amount of the
fees deposited by the comptroller to the credit of the Texas
Mobility Fund under Subsection (b) in the preceding month. The
Texas Department of Transportation shall use for remittance to the
comptroller as required by this subsection money in the state
highway fund that is not required to be used for a purpose specified
by Section 7-a, Article VIII, Texas Constitution, and may not use
for that remittance money received by this state under the
congestion mitigation and air quality improvement program
established under 23 U.S.C. Section 149.
(c) This section expires August 31, 2013 [2008].
SECTION 22. Sections 386.001(4), 386.057(e), 387.002, and
387.010, Health and Safety Code, and Sections 548.256(c) and (d),
Transportation Code, are repealed.
SECTION 23. The Texas Commission on Environmental Quality
shall prepare guidance documents for the rebate grants required by
Section 386.117, Health and Safety Code, as added by this Act, not
later than January 1, 2006.
SECTION 24. (a) As soon as practicable on or after the
effective date of this Act, the governor shall appoint to the Texas
Emissions Reduction Plan Advisory Board a representative of the
nonprofit organization described by Section 386.252(a)(2), Health
and Safety Code, as required by Section 386.058(b), Health and
Safety Code, as amended by this Act, to replace the representative
of the Texas Council on Environmental Technology serving on that
board on the effective date of this Act.
(b) As soon as practicable on or after the effective date of
this Act, the governor, lieutenant governor, and speaker of the
house of representatives, by mutual agreement, shall designate the
terms of the appointed members of the Texas Emissions Reduction
Plan Advisory Board so that the terms of seven appointed members
expire on February 1, 2007, and the terms of eight appointed members
expire on February 1, 2009, as provided by Section 386.058(e),
Health and Safety Code, as amended by this Act.
SECTION 25. Except as otherwise provided by this Act, this
Act takes effect September 1, 2005.