HB3868 - Relating to programs established and funded under the Texas emissions reduction plan.

      By: Landgraf H.B. No. 3868     Substitute the following for H.B. No. 3868:     By:  Anchía C.S.H.B. No. 3868       A BILL TO BE ENTITLED   AN ACT   relating to programs established and funded under the Texas   emissions reduction plan.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  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;                (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 Texas clean fleet program established under   Chapter 392A [ 392 ];                (11)  [ the Texas alternative fueling facilities   program established under Chapter 393;                [ (12)     the Texas 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;                 (12)  [ (14) ]  other programs the commission may develop   that support congestion mitigation to reduce mobile source ozone   precursor emissions;                 (13)  [ (15) ]  the seaport and rail yard areas emissions   reduction program established under Subchapter D-1;                 (14)  [ (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;                 (15)  [ (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                 (16)  [ (18)     the governmental alternative fuel fleet   grant program established under Chapter 395;                [ (19) ]  remittance of funds to the state highway fund   for use by the Texas Department of Transportation for congestion   mitigation and air quality improvement projects in nonattainment   areas and affected counties[ ; and                [ (20)     the Texas hydrogen infrastructure, vehicle, and   equipment grant program established under Subchapter G ].          SECTION 2.  Subchapter B, Chapter 386, Health and Safety   Code, is amended by adding Section 386.058 to read as follows:           Sec.   386.058.     DATABASE AND PUBLIC OUTREACH INITIATIVE TO   FACILITATE REPLACEMENT OF CERTAIN DIESEL-POWERED VEHICLES. (a)   The commission shall administer a program designed to facilitate   the replacement of pre-2009 model year diesel-powered vehicles by   connecting applicants for a grant or other funding with owners of   those diesel-powered vehicles to enable the applicant to partner   with the vehicle owner for purposes of satisfying the requirements   established under the plan.           (b)  In administering the program, the commission shall:                 (1)     develop and maintain a database of owners of   pre-2009 model year diesel-powered vehicles who are willing to   partner with applicants for a state or local clean vehicle program   as described by Subsection (a); and                 (2)     conduct a public outreach initiative to promote   awareness of and participation in the program and in applicable   state and local clean vehicle programs.           (c)  The database developed under Subsection (b)(1) must:                 (1)     include owner contact information, vehicle   information, and other relevant information as determined by the   commission; and                 (2)     require applicants described by Subsection (a) to   register with the commission in order to access the database.           (d)     In conducting the public outreach initiative under   Subsection (b)(2), the commission:                 (1)     shall include educational materials and   information on the program on the commission's Internet website;   and                 (2)     may collaborate with local governments, regional   councils of government, port authorities, and other appropriate   entities and stakeholders to recruit participants in the database   and to encourage applications for state and local clean vehicle   programs.          SECTION 3.  Section 386.252(a), Health and Safety Code, 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) and after remittance to the state highway fund under   Subsection (a-1), 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 [ eight ] percent [ total ] may be used for   [ between the Texas hydrogen infrastructure, vehicle, and equipment   grant program established under Subchapter G and ] 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 [ and not more than $8 million   may be used for the Texas hydrogen infrastructure, vehicle, and   equipment grant program ];                (3)   21 [ five ] percent may be used for the Texas clean   fleet program under Chapter 392A [ 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)  [ 7.5 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;                 (6)  [ (8) ]  not more than $200,000 may be used for a   health effects study;                 (7)  [ (9) ]  at least $6 million but not more than 15   percent 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;                 (8)  [ (10) ]  six percent may be used by the commission   for the seaport and rail yard areas emissions reduction program   established under Subchapter D-1;                 (9)  [ (11) ]  2.5 percent may be used for the light-duty   motor vehicle purchase or lease incentive program established under   Subchapter D;                 (10)  [ (12) ]  not more than $500,000 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 for the state implementation plan that are   obtained through:                      (A)  wind and other renewable energy resources;                      (B)  energy efficiency programs administered by   the Public Utility Commission of Texas or the State Energy   Conservation Office; or                      (C)  the implementation of advanced building   energy codes;                 (11)  [ (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                 (12)  [ (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 4.  Chapter 390, Health and Safety Code, is amended   by adding Section 390.0045 to read as follows:           Sec.   390.0045.     REFUELING INFRASTRUCTURE, EQUIPMENT, AND   SERVICES. A grant recipient may purchase, lease, or install   refueling infrastructure or equipment or procure refueling   services with money from a grant under the program if:          & [Text truncated for display. Full text available on Congress.gov.]