Bill Text: TX HB3100 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the creation of a hydrogen infrastructure and vehicle grant program under the Texas emissions reduction plan.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-30 - Left pending in committee [HB3100 Detail]
Download: Texas-2023-HB3100-Introduced.html
By: Landgraf | H.B. No. 3100 |
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relating to the creation of a hydrogen infrastructure and vehicle | ||
grant program 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; | ||
(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; | ||
(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; | ||
(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; | ||
(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); | ||
(18) the governmental alternative fuel fleet grant | ||
program established under Chapter 395; [ |
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(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 and vehicle | ||
grant program established under Subchapter G. | ||
SECTION 2. 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 percent may be used 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; | ||
(3) five 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) 10 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; | ||
(8) not more than $200,000 may be used for a health | ||
effects study; | ||
(9) at least $6 million but not more than $16 million | ||
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; | ||
(11) five percent may be used for the light-duty motor | ||
vehicle purchase or lease incentive program established under | ||
Subchapter D; | ||
(12) not more than $216,000 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 obtained through wind and other renewable | ||
energy resources for the state implementation plan; | ||
(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; [ |
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(14) not more than $8 million may be used for the Texas | ||
hydrogen infrastructure and vehicle grant program established | ||
under Subchapter G; and | ||
(15) 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 3. Chapter 386, Health and Safety Code, is amended | ||
by adding Subchapter G to read as follows: | ||
SUBCHAPTER G. TEXAS HYDROGEN INFRASTRUCTURE AND VEHICLE GRANT | ||
PROGRAM | ||
Sec. 386.301. DEFINITIONS. In this subchapter: | ||
(1) "Hydrogen vehicle" means a motor vehicle that uses | ||
hydrogen to operate the vehicle, including through the use of | ||
hydrogen fuel cells or an internal combustion engine that runs on | ||
hydrogen. | ||
(2) "Program" means the Texas hydrogen infrastructure | ||
and vehicle grant program established under this subchapter. | ||
Sec. 386.302. PROGRAM. (a) The commission shall establish | ||
and administer the Texas hydrogen infrastructure and vehicle grant | ||
program to encourage the adoption of hydrogen infrastructure and | ||
vehicles. Under the program, the commission shall provide funding | ||
for eligible projects to offset the incremental cost of projects | ||
that reduce emissions of oxides of nitrogen from high-emitting | ||
sources in the state. The commission shall determine the | ||
eligibility of projects. | ||
(b) Projects that may be considered for a grant under the | ||
program include: | ||
(1) implementation of hydrogen infrastructure | ||
projects; | ||
(2) purchase or lease of on-road or non-road hydrogen | ||
vehicles; | ||
(3) replacement of on-road or non-road vehicles with | ||
newer on-road or non-road hydrogen vehicles; and | ||
(4) use of hydrogen fuel. | ||
(c) A project listed in Subsection (b) is not eligible if it | ||
is required by any state or federal law, rule or regulation, | ||
memorandum of agreement, or other legally binding document. This | ||
subsection does not apply to: | ||
(1) an otherwise qualified project, regardless of the | ||
fact that the state implementation plan assumes that the change in | ||
equipment, vehicles, or operations will occur, if on the date the | ||
grant is awarded the change is not required by any state or federal | ||
law, rule or regulation, memorandum of agreement, or other legally | ||
binding document; or | ||
(2) the purchase of a hydrogen vehicle or facility | ||
required only by local law or regulation or by corporate or | ||
controlling board policy of a public or private entity. | ||
Sec. 386.303. APPLICATION PACKAGE. (a) The commission | ||
shall develop a simple, standardized application package for grants | ||
under this subchapter. The package must include: | ||
(1) an application form; | ||
(2) a brief description of: | ||
(A) the program; | ||
(B) the projects that are eligible for available | ||
funding; | ||
(C) the selection criteria and evaluation | ||
process; and | ||
(D) the required documentation; | ||
(3) the name of a person or office to contact for more | ||
information; | ||
(4) an example of the contract that an applicant will | ||
be required to execute before receiving a grant; and | ||
(5) any other information the commission considers | ||
useful to inform the applicant and expedite the application | ||
process. | ||
(b) The application form shall require as much information | ||
as the commission determines is necessary to properly evaluate each | ||
project but shall otherwise minimize the information required. | ||
Sec. 386.304. APPLICATION REVIEW PROCEDURES. (a) The | ||
commission shall review an application for a grant for a project | ||
authorized under this subchapter. If the commission determines | ||
that an application is incomplete, the commission shall notify the | ||
applicant with an explanation of what is missing from the | ||
application. The commission shall evaluate the completed | ||
application according to the appropriate project criteria. Subject | ||
to available funding, the commission shall make a final | ||
determination on an application as soon as possible. | ||
(b) The commission shall make every effort to expedite the | ||
application review process and to award grants to qualified | ||
projects in a timely manner. To the extent possible, the commission | ||
shall coordinate project review and approval with any timing | ||
constraints related to project purchases or installations to be | ||
made by an applicant. | ||
(c) The commission may deny an application for a project | ||
that does not meet the applicable project criteria or that the | ||
commission determines is not made in good faith, is not credible, or | ||
is not in compliance with this chapter and the goals of this | ||
chapter. | ||
(d) Subject to availability of funds, the commission shall | ||
award a grant under this subchapter in conjunction with the | ||
execution of a contract that obligates the commission to make the | ||
grant and the recipient to perform the actions described in the | ||
recipient's grant application. The contract must incorporate | ||
provisions for recapturing grant money in proportion to any loss of | ||
emissions reductions compared with the volume of emissions | ||
reductions that was projected in awarding the grant. Grant money | ||
recaptured under the contract provision shall be deposited in the | ||
fund and reallocated for other projects under this chapter. | ||
SECTION 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2023. |