By: Birdwell, Nichols	S.B. No. 1263

	A BILL TO BE ENTITLED
	AN ACT
	relating to the Texas emissions reduction plan fund.
	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); [and]
	(18)  the governmental alternative fuel fleet grant
	program established under Chapter 395; and
	(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.
	SECTION 2.  Section 386.057, Health and Safety Code, is
	amended by adding Subsection (e) to read as follows:
	(e)  Not later than October 1 of each year, the Texas
	Department of Transportation shall report to the commission the
	following information for all congestion mitigation and air quality
	improvement projects in nonattainment areas that are planned to be
	funded, or received initial funding during the preceding 10 years,
	from money received by the department under Section 386.250:
	(1)  projects to mitigate congestion and improve air
	quality that are currently planned;
	(2)  projects to mitigate congestion and improve air
	quality that have been completed;
	(3)  estimated emissions reductions for all planned and
	completed congestion mitigation projects; and
	(4)  estimated cost per ton analysis of reduced
	emissions of nitrogen oxides, particulate matter, or volatile
	organic compounds for each congestion mitigation project planned or
	completed.
	SECTION 3.  Section 386.250, Health and Safety Code, as
	effective September 1, 2021, is amended by amending Subsection (c)
	and adding Subsection (d) to read as follows:
	(c)  The commission shall remit 40 percent of the amount
	deposited to the credit of the fund to the state highway fund for
	use by the Texas Department of Transportation for projects
	described by Section 386.051(b)(19).
	(d)  Not later than the 30th day after the last day of each
	state fiscal biennium, the commission shall transfer the
	unencumbered balance of the fund remaining on the last day of the
	state fiscal biennium to the credit of the state highway fund for
	use by the Texas Department of Transportation for projects
	described by Section 386.051(b)(19) [Texas emissions reduction
	plan account].
	SECTION 4.  Section 386.251(c), Health and Safety Code, as
	effective September 1, 2021, is amended to read as follows:
	(c)  The account consists of its accumulated balance [and the
	amount of money transferred to the account under Section
	386.250(c)].
	SECTION 5.  Section 501.138, Transportation Code, is amended
	by amending Subsections (b-1), (b-2), and (b-3) and adding
	Subsection (b-4) to read as follows:
	(b-1)  Except as provided by Subsection (b-4), fees [Fees]
	collected under Subsection (b) to be sent to the comptroller shall
	be deposited to the credit of the Texas [Mobility Fund, except that
	$5 of each fee imposed under Subsection (a)(1) and deposited on or
	after September 1, 2008, and before September 1, 2015, shall be
	deposited to the credit of the Texas] emissions reduction plan
	fund.
	(b-2)  The comptroller shall establish a record of the amount
	of the fees deposited to the credit of the Texas emissions reduction
	plan fund [Mobility Fund] under Subsection (b-1). On or before the
	fifth workday of each month, the Texas Department of Transportation
	shall remit to the comptroller for deposit to the credit of the
	Texas Mobility Fund [emissions reduction plan fund] an amount of
	money equal to the amount of the fees deposited by the comptroller
	to the credit of the Texas emissions reduction plan fund [Mobility
	Fund] under Subsection (b-1) in the preceding month.  The Texas
	Department of Transportation shall use for remittance to the
	comptroller as required by this subsection money in the state
	highway fund that is not required to be used for a purpose specified
	by Section 7-a, Article VIII, Texas Constitution, and may not use
	for that remittance money received by this state under the
	congestion mitigation and air quality improvement program
	established under 23 U.S.C. Section 149.
	(b-3)  This subsection and Subsections (b-1) and
	[Subsection] (b-2) expire on the last day of the state fiscal
	biennium during which the Texas Commission on Environmental Quality
	publishes in the Texas Register the notice required by Section
	382.037, Health and Safety Code.
	(b-4)  Fees collected under Subsection (b) to be sent to the
	comptroller shall be deposited to the credit of the Texas Mobility
	Fund if the fees are collected on or after the last day of the state
	fiscal biennium during which the Texas Commission on Environmental
	Quality publishes in the Texas Register the notice required by
	Section 382.037, Health and Safety Code.
	SECTION 6.  The change in law made by this Act to Section
	501.138, Transportation Code, applies only to a fee collected on or
	after the effective date of this Act. A fee collected before the
	effective date of this Act is governed by the law in effect when the
	fee was collected, and the former law is continued in effect for
	that purpose.
	SECTION 7.  This Act takes effect September 1, 2021.