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A BILL TO BE ENTITLED
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AN ACT
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relating to the Texas emissions reduction plan fund. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 386.051(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) Under the plan, the commission and the comptroller shall |
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provide grants or other funding for: |
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(1) the diesel emissions reduction incentive program |
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established under Subchapter C, including for infrastructure |
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projects established under that subchapter; |
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(2) the motor vehicle purchase or lease incentive |
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program established under Subchapter D; |
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(3) the air quality research support program |
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established under Chapter 387; |
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(4) the clean school bus program established under |
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Chapter 390; |
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(5) the new technology implementation grant program |
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established under Chapter 391; |
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(6) the regional air monitoring program established |
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under Section 386.252(a); |
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(7) a health effects study as provided by Section |
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386.252(a); |
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(8) air quality planning activities as provided by |
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Section 386.252(d); |
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(9) a contract with the Energy Systems Laboratory at |
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the Texas A&M Engineering Experiment Station for computation of |
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creditable statewide emissions reductions as provided by Section |
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386.252(a); |
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(10) the Texas clean fleet program established under |
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Chapter 392; |
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(11) the Texas alternative fueling facilities program |
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established under Chapter 393; |
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(12) the Texas natural gas vehicle grant program |
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established under Chapter 394; |
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(13) other programs the commission may develop that |
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lead to reduced emissions of nitrogen oxides, particulate matter, |
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or volatile organic compounds in a nonattainment area or affected |
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county; |
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(14) other programs the commission may develop that |
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support congestion mitigation to reduce mobile source ozone |
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precursor emissions; |
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(15) the seaport and rail yard areas emissions |
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reduction program established under Subchapter D-1; |
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(16) conducting research and other activities |
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associated with making any necessary demonstrations to the United |
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States Environmental Protection Agency to account for the impact of |
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foreign emissions or an exceptional event; |
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(17) studies of or pilot programs for incentives for |
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port authorities located in nonattainment areas or affected |
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counties as provided by Section 386.252(a); [and] |
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(18) the governmental alternative fuel fleet grant |
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program established under Chapter 395; and |
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(19) remittance of funds to the state highway fund for |
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use by the Texas Department of Transportation for congestion |
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mitigation and air quality improvement projects in nonattainment |
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areas. |
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SECTION 2. Section 386.057, Health and Safety Code, is |
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amended by adding Subsection (e) to read as follows: |
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(e) Not later than October 1 of each year, the Texas |
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Department of Transportation shall report to the commission the |
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following information for all congestion mitigation and air quality |
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improvement projects in nonattainment areas that are planned to be |
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funded, or received initial funding during the preceding 10 years, |
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from money received by the department under Section 386.250: |
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(1) projects to mitigate congestion and improve air |
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quality that are currently planned; |
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(2) projects to mitigate congestion and improve air |
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quality that have been completed; |
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(3) estimated emissions reductions for all planned and |
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completed congestion mitigation projects; and |
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(4) estimated cost per ton analysis of reduced |
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emissions of nitrogen oxides, particulate matter, or volatile |
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organic compounds for each congestion mitigation project planned or |
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completed. |
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SECTION 3. Section 386.250, Health and Safety Code, as |
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effective September 1, 2021, is amended by amending Subsection (c) |
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and adding Subsection (d) to read as follows: |
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(c) The commission shall remit 40 percent of the amount |
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deposited to the credit of the fund to the state highway fund for |
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use by the Texas Department of Transportation for projects |
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described by Section 386.051(b)(19). |
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(d) Not later than the 30th day after the last day of each |
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state fiscal biennium, the commission shall transfer the |
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unencumbered balance of the fund remaining on the last day of the |
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state fiscal biennium to the credit of the state highway fund for |
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use by the Texas Department of Transportation for projects |
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described by Section 386.051(b)(19) [Texas emissions reduction |
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plan account]. |
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SECTION 4. Section 386.251(c), Health and Safety Code, as |
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effective September 1, 2021, is amended to read as follows: |
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(c) The account consists of its accumulated balance [and the |
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amount of money transferred to the account under Section |
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386.250(c)]. |
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SECTION 5. Section 501.138, Transportation Code, is amended |
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by amending Subsections (b-1), (b-2), and (b-3) and adding |
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Subsection (b-4) to read as follows: |
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(b-1) Except as provided by Subsection (b-4), fees [Fees] |
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collected under Subsection (b) to be sent to the comptroller shall |
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be deposited to the credit of the Texas [Mobility Fund, except that |
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$5 of each fee imposed under Subsection (a)(1) and deposited on or |
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after September 1, 2008, and before September 1, 2015, shall be |
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deposited to the credit of the Texas] emissions reduction plan |
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fund. |
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(b-2) The comptroller shall establish a record of the amount |
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of the fees deposited to the credit of the Texas emissions reduction |
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plan fund [Mobility Fund] under Subsection (b-1). On or before the |
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fifth workday of each month, the Texas Department of Transportation |
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shall remit to the comptroller for deposit to the credit of the |
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Texas Mobility Fund [emissions reduction plan fund] an amount of |
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money equal to the amount of the fees deposited by the comptroller |
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to the credit of the Texas emissions reduction plan fund [Mobility |
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Fund] under Subsection (b-1) in the preceding month. The Texas |
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Department of Transportation shall use for remittance to the |
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comptroller as required by this subsection money in the state |
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highway fund that is not required to be used for a purpose specified |
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by Section 7-a, Article VIII, Texas Constitution, and may not use |
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for that remittance money received by this state under the |
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congestion mitigation and air quality improvement program |
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established under 23 U.S.C. Section 149. |
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(b-3) This subsection and Subsections (b-1) and |
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[Subsection] (b-2) expire on the last day of the state fiscal |
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biennium during which the Texas Commission on Environmental Quality |
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publishes in the Texas Register the notice required by Section |
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382.037, Health and Safety Code. |
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(b-4) Fees collected under Subsection (b) to be sent to the |
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comptroller shall be deposited to the credit of the Texas Mobility |
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Fund if the fees are collected on or after the last day of the state |
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fiscal biennium during which the Texas Commission on Environmental |
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Quality publishes in the Texas Register the notice required by |
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Section 382.037, Health and Safety Code. |
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SECTION 6. The change in law made by this Act to Section |
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501.138, Transportation Code, applies only to a fee collected on or |
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after the effective date of this Act. A fee collected before the |
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effective date of this Act is governed by the law in effect when the |
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fee was collected, and the former law is continued in effect for |
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that purpose. |
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SECTION 7. This Act takes effect September 1, 2021. |