86R4190 JRR-D
 
  By: Murphy H.B. No. 889
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the repeal of the light-duty motor vehicle purchase or
  lease incentive program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 2158.001(3) and (4), Government Code,
  are amended to read as follows:
               (3)  "Light-duty motor vehicle" has the meaning
  assigned by Section 392.001 [386.151], Health and Safety Code.
               (4)  "Motor vehicle" has the meaning assigned by
  Section 392.001 [386.151], Health and Safety Code.
         SECTION 2.  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;
               [(3)]  the air quality research support program
  established under Chapter 387;
               (3) [(4)]  the clean school bus program established
  under Chapter 390;
               (4) [(5)]  the new technology implementation grant
  program established under Chapter 391;
               (5) [(6)]  the regional air monitoring program
  established under Section 386.252(a);
               (6) [(7)]  a health effects study as provided by
  Section 386.252(a);
               (7) [(8)]  air quality planning activities as provided
  by Section 386.252(d);
               (8) [(9)]  a contract with the Energy Systems
  Laboratory at the Texas A&M Engineering Experiment Station for
  computation of creditable statewide emissions reductions as
  provided by Section 386.252(a);
               (9) [(10)]  the Texas clean fleet program established
  under Chapter 392;
               (10) [(11)]  the Texas alternative fueling facilities
  program established under Chapter 393;
               (11) [(12)]  the Texas natural gas vehicle grant
  program established under Chapter 394;
               (12) [(13)]  other programs the commission may develop
  that lead to reduced emissions of nitrogen oxides, particulate
  matter, or volatile organic compounds in a nonattainment area or
  affected county;
               (13) [(14)]  other programs the commission may develop
  that support congestion mitigation to reduce mobile source ozone
  precursor emissions;
               (14) [(15)]  the seaport and rail yard areas emissions
  reduction program established under Subchapter D-1;
               (15) [(16)]  conducting research and other activities
  associated with making any necessary demonstrations to the United
  States Environmental Protection Agency to account for the impact of
  foreign emissions or an exceptional event;
               (16) [(17)]  studies of or pilot programs for
  incentives for port authorities located in nonattainment areas or
  affected counties as provided by Section 386.252(a); and
               (17) [(18)]  the governmental alternative fuel fleet
  grant program established under Chapter 395.
         SECTION 3.  Sections 386.252(a) and (b), Health and Safety
  Code, are amended to read as follows:
         (a)  Money in the fund may be used only to implement and
  administer programs established under the plan.  Subject to the
  reallocation of funds by the commission under Subsection (h), money
  appropriated to the commission to be used for the programs under
  Section 386.051(b) shall initially be allocated as follows:
               (1)  four percent may be used for the clean school bus
  program under Chapter 390;
               (2)  three percent may be used for the new technology
  implementation grant program under Chapter 391, from which at least
  $1 million will be set aside for electricity storage projects
  related to renewable energy;
               (3)  five percent may be used for the Texas clean fleet
  program under Chapter 392;
               (4)  not more than $3 million may be used by the
  commission to fund a regional air monitoring program in commission
  Regions 3 and 4 to be implemented under the commission's oversight,
  including direction regarding the type, number, location, and
  operation of, and data validation practices for, monitors funded by
  the program through a regional nonprofit entity located in North
  Texas having representation from counties, municipalities, higher
  education institutions, and private sector interests across the
  area;
               (5)  10 percent may be used for the Texas natural gas
  vehicle grant program under Chapter 394;
               (6)  not more than $6 million may be used for the Texas
  alternative fueling facilities program under Chapter 393, of which
  a specified amount may be used for fueling stations to provide
  natural gas fuel, except that money may not be allocated for the
  Texas alternative fueling facilities program for the state fiscal
  year ending August 31, 2019;
               (7)  not more than $750,000 may be used each year to
  support research related to air quality as provided by Chapter 387;
               (8)  not more than $200,000 may be used for a health
  effects study;
               (9)  at least $6 million but not more than $8 million is
  allocated to the commission for administrative costs, including all
  direct and indirect costs for administering the plan, costs for
  conducting outreach and education activities, and costs
  attributable to the review or approval of applications for
  marketable emissions reduction credits;
               (10)  six percent may be used by the commission for the
  seaport and rail yard areas emissions reduction program established
  under Subchapter D-1;
               (11)  [five percent may be used for the light-duty
  motor vehicle purchase or lease incentive program established under
  Subchapter D;
               [(12)]  not more than $216,000 is allocated to the
  commission to contract with the Energy Systems Laboratory at the
  Texas A&M Engineering Experiment Station annually for the
  development and annual computation of creditable statewide
  emissions reductions obtained through wind and other renewable
  energy resources for the state implementation plan;
               (12) [(13)]  not more than $500,000 may be used for
  studies of or pilot programs for incentives for port authorities
  located in nonattainment areas or affected counties to encourage
  cargo movement that reduces emissions of nitrogen oxides and
  particulate matter; and
               (13) [(14)]  the balance is to be used by the
  commission for the diesel emissions reduction incentive program
  under Subchapter C as determined by the commission.
         (b)  Money in the fund may be used by the commission for
  programs under Sections 386.051(b)(12), (b)(13) [386.051(b)(13),
  (b)(14)], and (b-1) as may be appropriated for those programs.
         SECTION 4.  Sections 392.001(6) and (7), Health and Safety
  Code, are amended to read as follows:
               (6)  "Light-duty motor vehicle" means a motor vehicle
  with a gross vehicle weight rating of less than 10,000 pounds [has
  the meaning assigned by Section 386.151].
               (7)  "Motor vehicle" means a self-propelled device
  designed for transporting persons or property on a public highway
  that is required to be registered under Chapter 502, Transportation
  Code [has the meaning assigned by Section 386.151].
         SECTION 5.  Section 394.001(7), Health and Safety Code, is
  amended to read as follows:
               (7)  "Motor vehicle" has the meaning assigned by
  Section 392.001 [386.151].
         SECTION 6.  Subchapter D, Chapter 386, Health and Safety
  Code, is repealed.
         SECTION 7.  The repeal by this Act of Subchapter D, Chapter
  386, Health and Safety Code, does not apply to a grant issued under
  that subchapter before the effective date of this Act.  A grant
  issued under Subchapter D, Chapter 386, Health and Safety Code,
  before the effective date of this Act is governed by that subchapter
  as it existed immediately before the effective date of this Act, and
  the former law is continued in effect for that purpose.
         SECTION 8.  This Act takes effect September 1, 2019.