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  2011S0151-2 02/02/11
 
  By: Fraser, et al. S.B. No. 527
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to air monitors in Texas Commission on Environmental
  Quality Regions 3 and 4 to be funded through the Texas emissions
  reduction plan.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (a), Section 386.252, 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, 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)  not less than $3 million or more than $7
  million in 2012 and 2013 and not less than $1 million or more than $3
  million in subsequent years is allocated to fund the implementation
  and oversight of a regional air monitoring program in commission
  Regions 3 and 4 implemented through a regional nonprofit entity
  located in North Texas having representation from counties,
  municipalities, higher education institutions, and private sector
  interests across the area; and
                     (E)  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)  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 2.  This Act takes effect September 1, 2011.