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  82R1147 JXC-D
 
  By: Davis S.B. No. 102
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to allocation of certain money in the Texas emissions
  reduction plan fund to air quality monitoring activities.
         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 new technology research and development
  program established under Chapter 387;
               (4)  the clean school bus program established under
  Chapter 390; [and]
               (5)  the new technology implementation grant program
  established under Chapter 391; and
               (6)  air quality monitoring under Section 386.059.
         SECTION 2.  Subchapter B, Chapter 386, Health and Safety
  Code, is amended by adding Section 386.059 to read as follows:
         Sec. 386.059.  AIR QUALITY MONITORING. (a) The commission
  shall conduct short-term and long-term air quality monitoring
  activities to evaluate levels of air contaminants, including
  particulate matter, nitrogen oxides, volatile organic compounds,
  air toxics, and carbon monoxide.
         (b)  The monitoring activities may include canister
  sampling, automated gas chromatography, handheld instrument
  surveys, lab analysis, or any other monitoring method or procedure
  generally recognized in the field of air pollution control.
         (c)  The commission may hire staff and consultants needed to
  accomplish the commission's duties under this section.
  SECTION 3.  Section 386.252(a), Health and Safety Code, as
  amended by Chapters 1125 (H.B. 1796) and 1232 (S.B. 1759), Acts of
  the 81st Legislature, Regular Session, 2009, is reenacted and
  amended to read as follows:
         (a)  Money in the fund may be used only to implement and
  administer programs established under the plan and shall be
  allocated as follows:
               (1)  for the diesel emissions reduction incentive
  program, 82.5 [87.5] percent of the money in the fund, of which:
                     (A)  not more than four percent may be used for the
  clean school bus program;
                     (B)  not more than 10 percent may be used for
  on-road diesel purchase or lease incentives; [and]
                     (C)  a specified amount may be used for the new
  technology implementation grant program, from which a defined
  amount may be set aside for electricity storage projects related to
  renewable energy; and
                     (D)  five percent shall be used for the clean
  fleet program;
               (2)  for the new technology research and development
  program, nine percent of the money in the fund, of which:
                     (A)  up to $200,000 is allocated for a health
  effects study;
                     (B)  $500,000 is to be deposited in the state
  treasury to the credit of the clean air account created under
  Section 382.0622 to supplement funding for air quality planning
  activities in affected counties;
                     (C)  not less than 20 percent is to be allocated
  each year to support research related to air quality as provided by
  Section 387.010; and
                     (D)  the balance is allocated each year to the
  commission to be used to:
                           (i)  implement and administer the new
  technology research and development program for the purpose of
  identifying, testing, and evaluating new emissions-reducing
  technologies with potential for commercialization in this state and
  to facilitate their certification or verification; and
                           (ii)  contract with the Energy Systems
  Laboratory at the Texas Engineering Experiment Station for $216,000
  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; [and]
               (3)  for continuous air quality monitoring under
  Section 386.059, five percent of the money in the fund is allocated
  to the commission; and
               (4)  two percent is allocated to the commission and 1.5
  percent is allocated to the laboratory for administrative costs
  incurred by the commission and the laboratory.
         SECTION 4.  This Act takes effect September 1, 2011.