HB4519 - Relating to programs established and funded under the Texas emissions reduction plan.

      By: Ordaz H.B. No. 4519       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 392;                 (11)     the Texas alternative fueling facilities program   established under Chapter 393;                 (12)     the Texas natural gas vehicle grant program   established under Chapter 394;                 (11) (10)   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;                 (15)     the seaport and rail yard areas emissions   reduction program established under Subchapter D-1;                 (13) (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;                 (14) (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);                 (15) (18)   the governmental alternative fuel fleet   grant program established under Chapter 395; and                 (16) (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.  Section 386.0515, Health and Safety Code, is   amended to read as follows:          Sec. 386.0515.  AGRICULTURAL PRODUCT TRANSPORTATION   PROJECTS. (a) In this section:                (1)  "Agricultural product transportation" means the   transportation of a raw agricultural product from the place of   production using a heavy-duty truck to:                      (A)  a nonattainment area;                      (B)  an affected county;                      (C)  a destination inside the clean   transportation zone; or                      (D)  a county adjacent to a county described by   Paragraph (B) or that contains an area described by Paragraph (A) or   (C).                (2)  "Clean transportation zone" has the meaning   assigned by Section 392.001 393.001 .          (b)  Notwithstanding other eligibility requirements, the   commission shall by rule or policy provide specific eligibility   requirements under the Texas Clean Fleet Program established under   Chapter 392 and under the Texas natural gas vehicle grant program   established under Chapter 394, as added by Chapter 892 (Senate Bill   No.   385), Acts of the 82nd Legislature, Regular Session, 2011, for   projects relating to agricultural product transportation.          (c)  The determining factor for eligibility for   participation in a program established under Chapter 392 or 394 for   a project relating to agricultural product transportation is the   overall accumulative net reduction in emissions of oxides of   nitrogen in a nonattainment area, an affected county, or the clean   transportation zone.          SECTION 3.  Chapter 386, Health and Safety Code, is amended   by striking Subchapter (D-1).          SECTION 4.  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)   eight three percent total may be used between the   Texas hydrogen infrastructure, vehicle, and equipment grant   program established under Chapter 392 Subchapter G and 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 and not more than $8 million   may be used for the Texas hydrogen infrastructure, vehicle, and   equipment grant program ;                (3)   five twenty-seven 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)     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;                 (5) (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;                 (10)     six percent may be used by the commission for the   seaport and rail yard areas emissions reduction program established   under Subchapter D-1;                 (8) (11)   2.5 percent may be used for the light-duty   motor vehicle purchase or lease incentive program established under   Subchapter D;                 (9) (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;                 (10) (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                 (11) (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 5.  Chapter 386, Health and Safety Code, is amended   by striking Subchapter G.          SECTION 6.  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:                (1)   the purchase, lease, installation, or procurement   is made in conjunction with the purchase or lease of a motor vehicle   as described by Section 390.004 or the conversion of a motor vehicle   to operate primarily on an alterna [Text truncated for display. Full text available on Congress.gov.]