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A BILL TO BE ENTITLED
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AN ACT
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relating to rail relocation and improvement in the state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) The Texas Department of Transportation |
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shall conduct a study to determine the economic feasibility of |
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relocating freight trains that carry hazardous materials away from |
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residential areas of the state in municipalities with a population |
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of more than 1.2 million. The study must include an evaluation of |
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cost options for the relocation of freight trains from residential |
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areas. |
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(b) Not later than March 1, 2008, the Texas Department of |
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Transportation shall report the results of the study conducted |
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under Subsection (a) of this section to the governor and the |
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legislature. |
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SECTION 2. Section 386.109, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 386.109. ELIGIBLE INFRASTRUCTURE PROJECTS. The |
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commission may consider for funding under Section 386.108: |
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(1) the purchase and installation at a site of |
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equipment that is designed primarily to dispense qualifying fuel, |
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other than standard gasoline or diesel, or the purchase of on-site |
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mobile fueling equipment; |
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(2) infrastructure projects, including auxiliary |
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power units, designed to dispense electricity to motor vehicles and |
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on-road and non-road diesels; [and] |
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(3) a project that involves a technology that allows a |
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vehicle to replace with electric power, while the vehicle is |
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parked, the power normally supplied by the vehicle's internal |
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combustion engine; and |
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(4) a project to reduce air pollution and engine |
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idling by relieving congestion through rail relocation or |
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improvement at a rail intersection that: |
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(A) is located in a nonattainment area at an |
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intersection of two interstate highways; |
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(B) is an intersection of two mainline tracks; |
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and |
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(C) handles more than 100 daily train movements, |
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including passenger, freight, and military cars and hazardous waste |
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shipments. |
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SECTION 3. Section 386.252(a), Health and Safety Code, as |
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amended by Section 3, Chapter 766, Section 3, Chapter 1095, and |
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Section 11, Chapter 1125, Acts of the 79th Legislature, Regular |
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Session, 2005, is reenacted and amended to read as follows: |
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(a) The first $25 million in the fund on September 1 of each |
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year shall be transferred to the Texas rail relocation and |
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improvement fund. Money remaining in the fund may be used only to |
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implement and administer programs established under the plan and |
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shall be allocated as follows: |
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(1) for the diesel emissions reduction incentive |
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program, 87.5 percent of the money in the fund, of which not more |
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than four percent may be used for the clean school bus program and |
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not more than 10 percent may be used for on-road diesel purchase or |
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lease incentives; |
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(2) for the new technology research and development |
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program, 9.5 percent of the money in the fund, of which up to |
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$250,000 is allocated for administration, up to $200,000 is |
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allocated for a health effects study, $500,000 is to be deposited in |
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the state treasury to the credit of the clean air account created |
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under Section 382.0622 to supplement funding for air quality |
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planning activities in affected counties, not less than 20 percent |
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is to be allocated each year to support research related to air |
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quality for the Houston-Galveston-Brazoria and Dallas-Fort Worth |
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nonattainment areas by a nonprofit organization based in Houston of |
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which $216,000 each year shall be contracted to the Energy Systems |
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Laboratory at the Texas Engineering Experiment Station for the |
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development and annual calculation 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, and the balance |
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is to be allocated each year to that nonprofit organization based in |
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Houston to be used to implement and administer the new technology |
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research and development program under a contract with the |
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commission for the purpose of identifying, testing, and evaluating |
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new emissions-reducing technologies with potential for |
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commercialization in this state and to facilitate their |
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certification or verification; and |
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(3) for administrative costs incurred by the |
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commission and the laboratory, three percent of the money in the |
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fund. |
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SECTION 4. Effective September 1, 2008, Section 386.252(a), |
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Health and Safety Code, as amended by Section 3, Chapter 766, |
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Section 3, Chapter 1095, and Section 12, Chapter 1125, Acts of the |
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79th Legislature, Regular Session, 2005, is reenacted and amended |
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to read as follows: |
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(a) The first $25 million in the fund on September 1 of each |
|
year shall be transferred to the Texas rail relocation and |
|
improvement fund. Money remaining 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 percent of the money in the fund, of which not more than |
|
four percent may be used for the clean school bus program and not |
|
more than 10 percent may be used for on-road diesel purchase or |
|
lease incentives; |
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(2) for the new technology research and development |
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program, 33 percent of the money in the fund, of which up to |
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$250,000 is allocated for administration, up to $200,000 is |
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allocated for a health effects study, $500,000 is to be deposited in |
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the state treasury to the credit of the clean air account created |
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under Section 382.0622 to supplement funding for air quality |
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planning activities in affected counties, not less than 10 percent |
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is to be allocated each year to support research related to air |
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quality for the Houston-Galveston-Brazoria and Dallas-Fort Worth |
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nonattainment areas by a nonprofit organization based in Houston of |
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which $216,000 each year shall be contracted to the Energy Systems |
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Laboratory at the Texas Engineering Experiment Station for the |
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development and annual calculation of creditable statewide |
|
emissions reductions obtained through wind and other renewable |
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energy resources for the State Implementation Plan, not less than |
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25.5 percent is to be allocated each year to that nonprofit |
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organization based in Houston to be used to implement and |
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administer the new technology research and development program |
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under a contract with the commission for the purpose of |
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identifying, testing, and evaluating new emissions-reducing |
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technologies with potential for commercialization in this state and |
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to facilitate their certification or verification, not more than |
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$12,500,000 is to be allocated each year from any excess funds to be |
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administered by the commission to fund a study of regional ozone |
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formation in this state, meteorological and chemical modeling, and |
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issues related to ozone formation by ozone precursors and fine |
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particulate matter formation in this state, and the balance is to be |
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allocated each year to the commission to fund promising new |
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technologies as identified through the new technology research and |
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development program and recommended by that nonprofit organization |
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based in Houston in order to permit obtaining the maximum credits |
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for emissions reductions under the state's air quality state |
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implementation plans; and |
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(3) for administrative costs incurred by the |
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commission and the laboratory, three percent of the money in the |
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fund. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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