| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the repeal of the Texas emissions reduction plan and the |
|
|
low-income vehicle repair assistance, retrofit, and accelerated |
|
|
vehicle retirement program. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 382.202(g), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(g) The commission shall,[:
|
|
|
[(1)
use part of the fee collected under Subsection
|
|
|
(e) to fund low-income vehicle repair assistance, retrofit, and
|
|
|
accelerated vehicle retirement programs created under Section
|
|
|
382.209; and
|
|
|
[(2)] to the extent practicable, distribute available |
|
|
funding created under Subsection (e) to affected [participating] |
|
|
counties in reasonable proportion to the amount of fees collected |
|
|
under Subsection (e) in those counties or in the regions in which |
|
|
those counties are located. |
|
|
SECTION 2. Section 382.212(b), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(b) To the extent allowable under federal law, the |
|
|
commission by rule shall authorize: |
|
|
(1) [the assignment of a percentage of emissions
|
|
|
reduction credit to a private, commercial, or business entity that
|
|
|
purchases, for accelerated retirement, a qualified vehicle under a
|
|
|
low-income vehicle repair assistance, retrofit, and accelerated
|
|
|
vehicle retirement program;
|
|
|
[(2)] the transferability of an assigned emissions |
|
|
reduction credit; |
|
|
(2) [(3)] the use of emissions reduction credit by the |
|
|
holder of the credit against any state or federal emissions |
|
|
requirements applicable to a facility owned or operated by the |
|
|
holder of the credit; and |
|
|
(3) [(4)] the assignment of a percentage of emissions |
|
|
reduction credit, on the retirement of a fleet vehicle, a vehicle |
|
|
owned or leased by a governmental entity, or a commercial vehicle, |
|
|
to the owner or lessor of the vehicle[; and
|
|
|
[(5)
other actions relating to the disposition or use
|
|
|
of emissions reduction credit that the commission determines will
|
|
|
benefit the implementation of low-income vehicle repair
|
|
|
assistance, retrofit, and accelerated vehicle retirement programs
|
|
|
established under Section 382.209]. |
|
|
SECTION 3. Sections 382.213(a) and (a-1), Health and Safety |
|
|
Code, are amended to read as follows: |
|
|
(a) Except as provided by Subsection (c) and Subdivision (5) |
|
|
of this subsection, a vehicle retired under an accelerated vehicle |
|
|
retirement program authorized by former Section 382.209 may not be |
|
|
resold or reused in its entirety in this or another state. Subject |
|
|
to the provisions of Subsection (i), the automobile dealer who |
|
|
takes possession of the vehicle must submit to the program |
|
|
administrator proof, in a manner adopted by the commission, that |
|
|
the vehicle has been retired. The vehicle must be: |
|
|
(1) destroyed; |
|
|
(2) recycled; or |
|
|
(3) dismantled and its parts sold as used parts [or
|
|
|
used in the program;
|
|
|
[(4)
placed in a storage facility of a program
|
|
|
established under Section 382.209 and subsequently destroyed,
|
|
|
recycled, or dismantled and its parts sold or used in the program;
|
|
|
or
|
|
|
[(5)
repaired, brought into compliance, and used as a
|
|
|
replacement vehicle under Section 382.209(d)(2)]. |
|
|
(a-1) The commission shall establish a partnership with |
|
|
representatives of the steel industry, automobile dismantlers, and |
|
|
the scrap metal recycling industry to ensure that: |
|
|
(1) vehicles retired under former Section 382.209 are |
|
|
scrapped or recycled; and |
|
|
(2) proof of scrapping or recycling is provided to the |
|
|
commission. |
|
|
SECTION 4. Section 382.216, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 382.216. INCENTIVES FOR VOLUNTARY PARTICIPATION IN |
|
|
VEHICLE EMISSIONS INSPECTION AND MAINTENANCE PROGRAM. The |
|
|
commission, the Texas Department of Transportation, and the Public |
|
|
Safety Commission may, subject to federal limitations: |
|
|
(1) encourage counties likely to exceed federal clean |
|
|
air standards to implement voluntary[:
|
|
|
[(A)] motor vehicle emissions inspection and |
|
|
maintenance programs; [and
|
|
|
[(B)
low-income vehicle repair assistance,
|
|
|
retrofit, and accelerated vehicle retirement programs;] |
|
|
(2) establish incentives for counties to voluntarily |
|
|
implement motor vehicle emissions inspection and maintenance |
|
|
programs [and low-income vehicle repair assistance, retrofit, and
|
|
|
accelerated vehicle retirement programs]; and |
|
|
(3) designate a county that voluntarily implements a |
|
|
motor vehicle emissions inspection and maintenance program [or a
|
|
|
low-income vehicle repair assistance, retrofit, and accelerated
|
|
|
vehicle retirement program] as a "Clean Air County" and give |
|
|
preference to a county designated as a Clean Air County in any |
|
|
federal or state clean air grant program. |
|
|
SECTION 5. Sections 382.220(a) and (d), Health and Safety |
|
|
Code, are amended to read as follows: |
|
|
(a) Money that is made available to affected |
|
|
[participating] counties under Section 382.202(g) or 382.302 may be |
|
|
appropriated only for programs administered in accordance with |
|
|
Chapter 783, Government Code, to improve air quality. An affected |
|
|
[A participating] county may agree to contract with any appropriate |
|
|
entity, including a metropolitan planning organization or a council |
|
|
of governments to implement a program under Section 382.202[,
|
|
|
382.209,] or this section. |
|
|
(d) Fees collected under Sections 382.202 and 382.302 may be |
|
|
used in an amount not to exceed $7 million per fiscal year for |
|
|
projects described by Subsection (b), of which $2 million may be |
|
|
used only for projects described by Subsection (b)(4). The |
|
|
remaining $5 million may be used for any project described by |
|
|
Subsection (b). The fees shall be made available [only to counties
|
|
|
participating in the low-income vehicle repair assistance,
|
|
|
retrofit, and accelerated vehicle retirement programs created
|
|
|
under Section 382.209 and] only on a matching basis, whereby the |
|
|
commission provides money to a county in the same amount that the |
|
|
county dedicates to a project authorized by Subsection (b). The |
|
|
commission may reduce the match requirement for a county that |
|
|
proposes to develop and implement independent test facility fraud |
|
|
detection programs, including the use of remote sensing technology |
|
|
for coordinating with law enforcement officials to detect, prevent, |
|
|
and prosecute the use of counterfeit registration insignia and |
|
|
vehicle inspection reports. |
|
|
SECTION 6. The following provisions of the Health and |
|
|
Safety Code are repealed: |
|
|
(1) Sections 382.201(4), 382.205(f), 382.209, |
|
|
382.210, 382.211, 382.214, and 382.302(e); and |
|
|
(2) Chapter 386. |
|
|
SECTION 7. This Act takes effect September 1, 2015. |