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A BILL TO BE ENTITLED
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AN ACT
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relating to the clean school bus program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Section 386.252, Health and |
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Safety Code, as amended by Section 3, Chapter 766, Section 3, |
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Chapter 1095, and Section 11, Chapter 1125, Acts of the 79th |
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Legislature, Regular Session, 2005, is reenacted and amended to |
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read as follows: |
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(a) Money in the fund may be used only to implement and |
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administer programs established under the plan and shall be |
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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 2. Effective September 1, 2008, Subsection (a), |
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Section 386.252, Health and Safety Code, as amended by Section 3, |
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Chapter 766, Section 3, Chapter 1095, and Section 12, Chapter 1125, |
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Acts of the 79th Legislature, Regular Session, 2005, is reenacted |
|
and 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 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 |
|
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 |
|
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, not less than 10 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 of |
|
which $216,000 each year shall be contracted to the Energy Systems |
|
Laboratory at the Texas Engineering Experiment Station for the |
|
development and annual calculation of creditable statewide |
|
emissions reductions obtained through wind and other renewable |
|
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 3. Subsection (c), Section 386.252, Health and |
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Safety Code, is amended to read as follows: |
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(c) Notwithstanding Subsection (a), money [Money] in the |
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fund that is not appropriated for the purposes provided by that |
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subsection may be appropriated for [allocated to] the clean school |
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bus program established under Chapter 390 [only if:
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[(1) the money is available for that purpose after
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money is allocated for the other purposes of the fund as required by
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the state implementation plan; or
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[(2) the amount of money deposited to the credit of the
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fund in a state fiscal year exceeds the amount the comptroller's
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biennial revenue estimate shows as the comptroller's estimated
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amount to be deposited to the credit of the fund in that year]. |
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SECTION 4. Section 390.001, Health and Safety Code, is |
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amended by adding Subdivision (6) to read as follows: |
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(6) "School bus" has the meaning assigned by Section |
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541.201, Transportation Code. |
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SECTION 5. Section 390.002, Health and Safety Code, is |
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amended by amending Subsection (b) and adding Subsections (c) and |
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(d) 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 2000 to 2006 [1994 to 1998]; |
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(2) closed crankcase filtration systems to eliminate |
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diesel exhaust emitted from the engine crankcase for school buses |
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built from 1992 to 2006; |
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(3) the purchase and use of other [emission-reducing] |
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add-on equipment for school buses that has been verified by the |
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United States Environmental Protection Agency or the California Air |
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Resources Board as effective in reducing emissions[, including
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devices that reduce crankcase emissions]; |
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(4) replacement of school buses built before 1994 that |
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would not otherwise be replaced before September 1, 2011 [the use of
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qualifying fuel]; and |
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(5) other technologies that the commission finds will |
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bring about significant emissions reductions. |
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(c) In determining whether school buses would not otherwise |
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be replaced before the date provided by Subsection (b)(4), the |
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commission shall consider reasonable school bus replacement |
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schedules as determined by the commission in consultation with the |
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Texas Education Agency. A grant under that subsection may not |
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exceed 50 percent of the cost of replacement of each school bus for |
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which the grant is made. |
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(d) The legislature intends for the program to result in the |
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maximum reduction of emissions of diesel exhaust from the school |
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bus fleet of this state for the duration of the program. In making |
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grants in the state fiscal biennium ending August 31, 2009, |
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preference shall be given to grants for the installation of closed |
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crankcase filtration systems on all eligible school buses and to |
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grants for the installation of diesel particulate filters on the |
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oldest eligible school buses. The program is not intended to |
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substitute for the normal schedule for replacing buses in this |
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state's fleet of school buses. |
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SECTION 6. Subsections (a) and (b), Section 390.003, Health |
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and Safety Code, are amended to read as follows: |
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(a) The following entities [A school district in this state
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that operates one or more diesel-fueled school buses or a
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transportation system provided by a countywide school district] may |
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apply for and receive a grant under the program: |
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(1) a school district in this state that operates one |
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or more diesel-fueled school buses; |
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(2) a transportation system provided by a countywide |
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school district; or |
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(3) an entity that provides school bus service under a |
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contract with a school district or with the parents of school |
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children who are enrolled in a public elementary or secondary |
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school and who ride on the entity's buses. |
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(b) The commission may adopt guidelines to allow a regional |
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planning commission, council of governments, or similar regional |
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planning agency created under Chapter 391, Local Government Code, |
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[or] a private nonprofit organization, or a regional education |
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service center to also apply for and receive a grant to improve the |
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ability of the program to achieve its goals. |
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SECTION 7. Subsection (a), Section 390.004, Health and |
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Safety Code, is amended 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. The criteria must be consistent with Section |
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390.002(d). The commission shall review and may modify the |
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criteria and priorities as appropriate. |
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SECTION 8. 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. |