|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the replacement of the light-duty motor vehicle |
|
purchase or lease incentive program with the gas flaring and |
|
venting reduction 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 gas flaring and venting reduction [motor |
|
vehicle purchase or lease incentive] program established under |
|
Subchapter D; |
|
(3) the air quality research support program |
|
established under Chapter 387; |
|
(4) the clean school bus program established under |
|
Chapter 390; |
|
(5) the new technology implementation grant program |
|
established under Chapter 391; |
|
(6) the regional air monitoring program established |
|
under Section 386.252(a); |
|
(7) a health effects study as provided by Section |
|
386.252(a); |
|
(8) air quality planning activities as provided by |
|
Section 386.252(d); |
|
(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); |
|
(10) the clean fleet program established under Chapter |
|
392; |
|
(11) the alternative fueling facilities program |
|
established under Chapter 393; |
|
(12) the natural gas vehicle grant program established |
|
under Chapter 394; |
|
(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; |
|
(14) other programs the commission may develop that |
|
support congestion mitigation to reduce mobile source ozone |
|
precursor emissions; |
|
(15) the seaport and rail yard areas emissions |
|
reduction program established under Subchapter D-1; |
|
(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; |
|
(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 |
|
(18) the governmental alternative fuel fleet grant |
|
program established under Chapter 395. |
|
SECTION 3. The heading to Subchapter D, Chapter 386, Health |
|
and Safety Code, is amended to read as follows: |
|
SUBCHAPTER D. GAS FLARING AND VENTING REDUCTION [MOTOR VEHICLE |
|
PURCHASE OR LEASE INCENTIVE] PROGRAM |
|
SECTION 4. Section 386.151, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 386.151. DEFINITIONS. In this subchapter: |
|
(1) "Flare" means to burn a flare to consume gas that |
|
otherwise would be permitted to escape into the open air from a well |
|
producing oil or gas ["Light-duty motor vehicle" means a motor |
|
vehicle with a gross vehicle weight rating of less than 10,000 |
|
pounds]. |
|
(2) "Vent" means to vent gas into the open air from a |
|
well producing oil or gas ["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]. |
|
SECTION 5. Subchapter D, Chapter 386, Health and Safety |
|
Code, is amended by adding Section 386.1511 to read as follows: |
|
Sec. 386.1511. REBATES FOR GAS FLARING AND VENTING |
|
REDUCTION TECHNOLOGY. (a) The commission shall: |
|
(1) develop a grant program to encourage the purchase |
|
and use of technology that reduces the need to flare or vent gas |
|
from a well producing oil or gas; |
|
(2) publish a list of types of technology eligible for |
|
grants under this subchapter; and |
|
(3) adopt rules necessary to implement the program. |
|
(b) The commission shall: |
|
(1) award grants under this subchapter in the form of |
|
rebates; |
|
(2) assign a rebate amount or percentage for each type |
|
of technology eligible for a rebate; and |
|
(3) allow for processing rebates on an ongoing |
|
first-come, first-served basis. |
|
(c) The commission may administer the rebate grants or may |
|
designate another entity to administer the grants. |
|
SECTION 6. Section 386.252(a), Health and Safety Code, as |
|
effective September 1, 2021, is amended to read as follows: |
|
(a) Money in the fund and account 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 from the fund and account 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 $16 million |
|
may be used by 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 gas flaring and |
|
venting reduction [light-duty motor vehicle purchase or lease |
|
incentive] program established under Subchapter D; |
|
(12) not more than $216,000 may be used by 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; |
|
(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 |
|
(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. |
|
SECTION 7. 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 8. 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 9. The following provisions of the Health and |
|
Safety Code are repealed: |
|
(1) Section 386.152; |
|
(2) Section 386.153; |
|
(3) Section 386.154; |
|
(4) Section 386.155; |
|
(5) Section 386.156; |
|
(6) Section 386.157; |
|
(7) Section 386.158; |
|
(8) Section 386.159; and |
|
(9) Section 386.160. |
|
SECTION 10. The changes in law made by this Act do not apply |
|
to a grant issued 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 11. This Act takes effect September 1, 2021. |