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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of 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, Health and Safety Code, is |
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amended by amending Subsection (b) and adding Subsection (b-1) to |
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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)(5); |
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(7) a health effects study as provided by Section |
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386.252(a)(7); |
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(8) air quality planning activities as provided by |
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Section 386.252(a)(8); [and] |
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(9) a contract with the Energy Systems Laboratory at |
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the Texas 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)(9); |
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(10) the clean fleet program established under Chapter |
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392; |
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(11) the alternative fueling facilities program |
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established under Chapter 393; and |
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(12) the natural gas vehicle grants program and clean |
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transportation triangle program established under Chapter 394. |
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(b-1) Under the plan, the commission may establish and |
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administer other programs, including other grants or funding |
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programs, as determined by the commission to be necessary or |
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effective in fulfilling its duties and achieving the objectives |
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described under Section 386.052. The commission may apply the |
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criteria and requirements applicable to the programs under |
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Subsection (b) to programs established under this subsection, or |
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the commission may establish separate criteria and requirements as |
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necessary to achieve the commission's objectives. The additional |
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programs shall be consistent with and comply with all applicable |
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laws, regulations, and guidelines pertaining to the use of state |
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funds, the awarding and administration of grants and contracts, and |
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achieving reductions in emissions of pollutants determined to be of |
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concern. Under this subsection, the commission shall place a |
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priority on programs that address the following goals: |
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(1) reduction of emissions of oxides of nitrogen or |
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particulate matter from heavy-duty on-road vehicles and non-road |
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equipment, including locomotives and marine vessels, at port |
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facilities in nonattainment areas; |
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(2) reduction of emissions from the operation of |
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drilling and related heavy-duty non-road equipment in oil and gas |
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production fields where the commission determines that the programs |
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can help prevent that area or an adjacent area from being in |
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violation of national ambient air quality standards; and |
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(3) replacement, repower, or retrofit of heavy-duty |
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on-road vehicles, medium-duty passenger vehicles, and non-road |
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equipment to change from using gasoline or diesel fuel to engines or |
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conversion systems certified under the United States Environmental |
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Protection Agency's heavy-duty on-road or non-road engine emission |
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or light-duty vehicle engine emission certification programs to |
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using cleaner alternative fuels, either dedicated or in conjunction |
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with regular fuel, and, particularly, alternative fuels produced in |
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Texas. |
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SECTION 2. Subsection (a), Section 386.053, Health and |
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Safety Code, is amended to read as follows: |
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(a) The commission shall adopt grant guidelines and |
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criteria consistent with the requirements of Subchapter C [this
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chapter]. |
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SECTION 3. Subsection (a), Section 386.054, Health and |
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Safety Code, is amended to read as follows: |
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(a) The commission shall develop procedures for monitoring |
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whether the emissions reductions projected for projects awarded |
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grants under Subchapter C [this chapter] are actually achieved. |
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Monitoring procedures may include project reviews and contract |
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requirements that the grant recipient provide information |
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semiannually about the project. If the commission requires an |
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annual report, the report shall contain a minimum amount of |
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information required from a recipient and the report format shall |
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be simple and convenient. |
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SECTION 4. Subsection (a), Section 386.252, Health and |
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Safety Code, as amended by Chapter 28 (S.B. 527), Acts of the 82nd |
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Legislature, Regular Session, 2011, is amended to read as follows: |
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(a) Money in the fund may be used only to implement and |
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administer programs established under the plan. Money appropriated |
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to the commission to be used for the programs under Section |
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386.051(b) [and the total appropriation] shall be allocated as |
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follows: |
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(1) not more than four percent may be used for the |
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clean school bus program under Chapter 390; |
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(2) not more than 10 percent may be used for on-road |
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diesel purchase or lease incentives under Section 386.112; |
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(3) a specified amount may be used for the new |
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technology implementation grant program under Chapter 391, from |
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which a defined amount may be set aside for electricity storage |
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projects related to renewable energy; |
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(4) five percent shall be used for the clean fleet |
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program under Chapter 392; |
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(5) up to [not more than $7 million shall be allocated
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in 2012 and 2013 and not more than] $3 million shall be used by the |
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commission [allocated in 2014 and in subsequent years] to fund a |
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regional air monitoring program in commission Regions 3 and 4 to be |
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implemented under the commission's oversight, including direction |
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regarding the type, number, location, and operation of, and data |
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validation practices for, monitors funded by the program through a |
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regional nonprofit entity located in North Texas having |
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representation from counties, municipalities, higher education |
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institutions, and private sector interests across the area; |
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(6) not less than 16 percent shall be used for the |
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Texas natural gas vehicle grant program under Chapter 394; |
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(7) not more than four percent may be used to provide |
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grants for natural gas fueling stations under the clean |
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transportation triangle program under Section 394.010; |
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(8) two percent may be used for the Texas alternative |
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fueling facilities program under Chapter 393; |
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(9) a specified amount may be used [is to be allocated] |
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each year to support research related to air quality as provided by |
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Chapter 387; |
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(10) [(7)] up to $200,000 may be used [is allocated] |
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for a health effects study; |
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(11) [(8)] up to $500,000 is to be deposited in the |
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state treasury to the credit of the clean air account created under |
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Section 382.0622 to supplement funding for air quality planning |
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activities in affected counties; |
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(12) [(9)] not more than $216,000 may be used by [is
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allocated to] the commission to contract with the Energy Systems |
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Laboratory at the Texas Engineering Experiment Station annually for |
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the development and annual computation of creditable statewide |
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emissions reductions obtained through wind and other renewable |
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energy resources for the state implementation plan; and |
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(13) [(10)
not more than $3,400,000 is allocated to
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the commission for administrative costs incurred by the commission;
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[(11)
1.5 percent of the money in the fund is allocated
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for administrative costs incurred by the laboratory; and
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[(12)] the balance is to be used by [is allocated to] |
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the commission for the diesel emissions reduction incentive program |
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under Subchapter C. |
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SECTION 5. Subsections (b), (c), (d), and (e), Section |
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386.252, Health and Safety Code, are amended to read as follows: |
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(b) The commission may allocate unexpended money designated |
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for the clean fleet program under Chapter 392 to other programs |
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described under Subsection (a) after the commission allocates money |
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to recipients under the clean fleet program. |
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(c) The commission may allocate unexpended money designated |
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for the Texas alternative fueling facilities program under Chapter |
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393 to other programs described under Subsection (a) after the |
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commission allocates money to recipients under the alternative |
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fueling facilities program. |
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(d) The commission may reallocate money designated for the |
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Texas natural gas vehicle grant program under Chapter 394 to other |
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programs described under Subsection (a) if: |
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(1) the commission, in consultation with the governor |
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and the advisory board, determines that the use of the money in the |
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fund for that program will cause the state to be in noncompliance |
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with the state implementation plan to the extent that federal |
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action is likely; and |
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(2) the commission finds that the reallocation of some |
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or all of the funding for the program would resolve the |
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noncompliance. |
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(e) Under Subsection (d), the commission may not reallocate |
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more than the minimum amount of money necessary to resolve the |
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noncompliance. [money allocated under Subsection (a) to a
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particular program may be used for another program under the plan as
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determined by the commission.
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[(c)
Money in the fund may be allocated to the clean school
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bus program only if:
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[(1)
the money is available for that purpose after
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money is allocated for the other purposes of the fund as required by
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the state implementation plan; or
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[(2)
the amount of money deposited to the credit of the
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fund in a state fiscal year exceeds the amount the comptroller's
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biennial revenue estimate shows as the comptroller's estimated
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amount to be deposited to the credit of the fund in that year.
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[(d)
The commission may allocate unexpended money
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designated for the clean fleet program to other programs described
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under Subsection (a) after the commission allocates money to
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recipients under the clean fleet program.
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[(e)
The commission may allocate unexpended money
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designated for the Texas alternative fueling facilities program to
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other programs described under Subsection (a) after the commission
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allocates money to recipients under the alternative fueling
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facilities program.] |
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SECTION 6. Subsection (f), Section 386.252, Health and |
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Safety Code, as added by Chapter 892 (S.B. 385), Acts of the 82nd |
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Legislature, Regular Session, 2011, is amended to read as follows: |
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(f) Money appropriated to the commission for programs under |
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Section 386.051(c) shall be allocated to those programs as |
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determined by the commission [Notwithstanding Subsection (a), the
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commission may reallocate money in the fund if:
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[(1)
the commission, in consultation with the governor
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and the advisory board, determines that the use of the money in the
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fund for the program established under Chapter 394 will cause the
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state to be in noncompliance with the state implementation plan to
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the extent that federal action is likely; and
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[(2)
the commission finds that the reallocation of
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some or all of the funding for the program established under Chapter
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394 would resolve the noncompliance]. |
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SECTION 7. Subsection (g), Section 386.252, Health and |
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Safety Code, is amended to read as follows: |
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(g) If the legislature does not specify amounts or |
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percentages from the total appropriation to be allocated under |
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Subsection (a) or (f), the commission shall determine the amounts |
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of the total appropriation to be allocated under each of those |
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subsections [Under Subsection (f), the commission may not
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reallocate more than the minimum amount of money necessary to
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resolve the noncompliance]. |
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SECTION 8. Section 386.252, Health and Safety Code, is |
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amended by adding Subsections (h), (i), (j), and (k) to read as |
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follows: |
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(h) Unless a specified amount is appropriated for |
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administrative costs, of the total appropriation to the commission |
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from the fund, up to four percent or $4 million, whichever is |
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greater, may be used by the commission for administrative costs. |
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(i) Subject to the limitations outlined in this section and |
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any additional limitations placed on the use of the appropriated |
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funds, money allocated under this section to a particular program |
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may be used for another program under the plan as determined by the |
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commission. |
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(j) Up to 1.5 percent of the money in the fund may be used |
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for administrative costs incurred by the laboratory for work |
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required under this chapter. |
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(k) If a specified percentage or amount from the fund is |
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appropriated for a particular program or purpose that differs from |
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the allocation percentage or amount established in this section, |
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the specified appropriation percentage or amount shall apply. |
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SECTION 9. Subsection (a), Section 386.252, Health and |
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Safety Code, as amended by Chapters 589 (Senate Bill No. 20) and 892 |
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(Senate Bill No. 385), Acts of the 82nd Legislature, Regular |
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Session, 2011, is repealed. |
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SECTION 10. Subsection (f), Section 386.252, Health and |
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Safety Code, as added by Chapter 589 (Senate Bill No. 20), Acts of |
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the 82nd Legislature, Regular Session, 2011, is repealed. |
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SECTION 11. This Act takes effect September 1, 2013. |