reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 386.053 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 386 - Texas Emissions Reduction Plan|Subchapter B. Texas Emissions Reduction Plan|Section 386.053. Guidelines and Criteria

Sec. 386.053.  GUIDELINES AND CRITERIA.  (a)  The commission shall adopt grant guidelines and criteria consistent with the requirements of this chapter.(b)  Guidelines must include protocols to calculate projected emissions reductions, project cost-effectiveness, and safeguards to ensure that funded projects generate emissions reductions not otherwise required by state or federal law.(c)  The commission shall make draft guidelines and criteria available to the public and the United States Environmental Protection Agency before the 30th day preceding the date of final adoption and shall hold at least one public meeting to consider public comments on the draft guidelines and criteria before final adoption.  The public meeting shall be held in the affected state implementation plan area, and if the guidelines affect more than one state implementation plan area, a public meeting shall be held in each affected state implementation plan area affected by the guidelines.(d)  The commission may propose revisions to the guidelines and criteria adopted under this section as necessary to improve the ability of the plan to achieve its goals.  Revisions may include, among other changes, adding additional pollutants, adding stationary engines or engines used in stationary applications, adding vehicles and equipment that use fuels other than diesel, or adjusting eligible program categories, as appropriate, to ensure that incentives established under this chapter achieve the maximum possible emissions reductions.  The commission shall make a proposed revision available to the public before the 30th day preceding the date of final adoption of the revision and shall hold at least one public meeting to consider public comments on the proposed revision before final adoption.(e)  Because the legislature finds that the current state of air quality in the state jeopardizes the state's ability to meet federal air quality requirements, the commission and the comptroller may adopt emergency rules under Section 2001.034, Government Code, with abbreviated notice, to carry out any rulemaking necessary to implement this chapter.(f)  Except as provided by Subsection (e), the rulemaking requirements of Chapter 2001, Government Code, do not apply to the adoption or revision of guidelines and criteria under this section.|Added by Acts 2001, 77th Leg., ch. 967, Sec. 1(b), eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 1331, Sec. 2, eff. June 20, 2003.Amended by: Acts 2005, 79th Leg., Ch. 1125 (H.B. 2481), Sec. 4, eff. September 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 262 (S.B. 12), Sec. 2.03, eff. June 8, 2007.|
TX Health & Safety Code § 386.054 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 386 - Texas Emissions Reduction Plan|Subchapter B. Texas Emissions Reduction Plan|Section 386.054. Monitoring Procedures

Sec. 386.054.  MONITORING PROCEDURES.  (a)  The commission shall develop procedures for monitoring whether the emissions reductions projected for projects awarded grants under this chapter are actually achieved.  Monitoring procedures may include project reviews and contract requirements that the grant recipient provide information semiannually about the project.  If the commission requires an annual report, the report shall contain a minimum amount of information required from a recipient and the report format shall be simple and convenient.(b)  Monitoring and reviewing procedures must be sufficient to enable emissions reductions generated by funded projects to be fully credited to air quality plans.(c)  The commission may revise monitoring and review procedures from time to time as necessary or appropriate to enhance the effectiveness of the plan.|Added by Acts 2001, 77th Leg., ch. 967, Sec. 1(b), eff. Sept. 1, 2001.|
TX Health & Safety Code § 386.055 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 386 - Texas Emissions Reduction Plan|Subchapter B. Texas Emissions Reduction Plan|Section 386.055. Availability of Emissions Reduction Credits Generally

Sec. 386.055.  AVAILABILITY OF EMISSIONS REDUCTION CREDITS GENERALLY.  (a)  A project funded under a program established under this chapter may not be used for credit under any state or federal emissions reduction credit averaging, banking, or trading program.(b)  An emissions reduction generated by a program established under this chapter:(1)  may not be used as a marketable emissions reduction credit or, except as provided by Section 386.056, to offset any emissions reduction obligation;  and(2)  may be used to demonstrate conformity with the state implementation plan.(c)  A project involving a new emissions reduction measure that would otherwise generate marketable credits under state or federal emissions reduction credit averaging, banking, or trading programs is not eligible for funding under a program established under this chapter unless:(1)  the project includes the transfer of the reductions that would otherwise be marketable credits to the state implementation plan or the owner or operator as provided by Section 386.056;  and(2)  the reductions are permanently retired.|Added by Acts 2001, 77th Leg., ch. 967, Sec. 1(b), eff. Sept. 1, 2001.|
TX Health & Safety Code § 386.056 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 386 - Texas Emissions Reduction Plan|Subchapter B. Texas Emissions Reduction Plan|Section 386.056. Availability of Emissions Reductions in Certain Nonattainment Areas

Sec. 386.056.  AVAILABILITY OF EMISSIONS REDUCTIONS IN CERTAIN NONATTAINMENT AREAS.  (a)  An owner or operator of a site located in the Houston-Galveston or Dallas-Fort Worth nonattainment area may use emissions reductions generated by a program established under this chapter to offset the requirements of commission rules relating to control of air pollution from oxides of nitrogen if:(1)  the owner or operator of the site contributes to the fund $75,000 for each ton of emissions that is used, not to exceed 25 tons annually and not to exceed one-half ton per day;(2)  the owner or operator of the site demonstrates to the commission's satisfaction that the site will be in full compliance with the commission's emissions reduction rules not later than the fifth anniversary of the date on which the emissions reductions would otherwise be required;(3)  emissions from the site are reduced by at least 80 percent from the established baseline;  and(4)  the commission approves a petition by the owner or operator that demonstrates that it is technically infeasible to comply with the commission's emissions reduction requirements above 80 percent.(b)  Funds collected under this section shall be used to generate emissions reductions needed to meet the commission's attainment demonstration.(c)  The commission shall verify that emissions reductions generated from funds collected under this section occur in the same nonattainment area in which the site that purchased the emissions reductions is located.(d)  The commission shall assure that the emissions reductions funded under the programs authorized by this subchapter used to offset commission requirements under this section benefit the community in which the site using the emissions reductions is located.  If there are no eligible emissions reduction projects within the community, the commission may authorize projects in an adjacent community.  In this subsection, "community" means a justice of the peace precinct.(e)  The commission shall assure that emission reduction credits may be received in the Houston-Galveston nonattainment area for energy efficiency and urban heat island programs in connection with the State Implementation Plan for the eight-hour ozone standard.|Added by Acts 2001, 77th Leg., ch. 967, Sec. 1(b), eff. Sept. 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 1095 (H.B. 2129), Sec. 2, eff. September 1, 2005.|
TX Health & Safety Code § 386.101 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 386 - Texas Emissions Reduction Plan|Subchapter C. Diesel Emissions Reduction Incentive Program|Section 386.101. Definitions

Sec. 386.101.  DEFINITIONS.  In this subchapter:(1)  "Cost-effectiveness" means the total dollar amount expended divided by the total number of tons of oxides of nitrogen emissions reduction attributable to that expenditure.  Cost-effectiveness for the program as a whole and for particular projects under the program is calculated as provided by Sections 386.105 and 386.106.(2)  "Fuel cell" means an electrochemical device that uses fuel and oxidant to continuously generate electricity.(3)  "Motor vehicle" means a self-propelled device designed for transporting persons or property on a public highway that is required to be registered under Chapter 502, Transportation Code.(4)  "Non-road diesel" means a vehicle or piece of equipment, excluding a motor vehicle or on-road diesel, that is powered by a non-road engine, including:(A)  non-road nonrecreational equipment and vehicles;(B)  construction equipment;(C)  locomotives;(D)  marine vessels;  and(E)  other high-emitting diesel engine categories established by the commission.(5)  "Non-road engine" means an internal combustion engine that is:(A)  in or on a piece of equipment that is self-propelled or that propels itself and performs another function, excluding a vehicle that is used solely for competition;(B)  in or on a piece of equipment that is intended to be propelled while performing its function;  or(C)  designed to be and capable of being carried or moved from one location to another.(6)  "On-road diesel" means an on-road diesel-powered motor vehicle that has a gross vehicle weight rating of 8,500 pounds or more.(7)  "Program" means the diesel emissions reduction incentive program established under this subchapter.(8)  "Qualifying fuel" includes any liquid or gaseous fuel or additives registered or verified by the United States Environmental Protection Agency that is ultimately dispensed into a motor vehicle or on-road or non-road diesel that provides reductions of emissions of oxides of nitrogen beyond reductions required by state or federal law.(9)  "Repower" means to replace an old engine powering an on-road or non-road diesel with a new engine, a used engine, a remanufactured engine, or electric motors, drives, or fuel cells.(10)  "Retrofit" means to equip an engine and fuel system with new emissions-reducing parts or technology verified by the United States Environmental Protection Agency after manufacture of the original engine and fuel system.|Added by Acts 2001, 77th Leg., ch. 967, Sec. 1(b), eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 1331, Sec. 3, eff. June 20, 2003.|
TX Health & Safety Code § 386.102 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 386 - Texas Emissions Reduction Plan|Subchapter C. Diesel Emissions Reduction Incentive Program|Section 386.102. Program

Sec. 386.102.  PROGRAM.  (a)  The commission shall establish and administer a diesel emissions reduction incentive program.  Under the program, the commission shall provide grants for eligible projects to offset the incremental cost of projects that reduce emissions of oxides of nitrogen from high-emitting diesel sources in nonattainment areas and affected counties of the state.  The commission shall determine the eligibility of projects.(b)  Projects that may be considered for a grant under the program include:(1)  purchase or lease of on-road or non-road diesels;(2)  emissions-reducing retrofit projects for on-road or non-road diesels;(3)  emissions-reducing repower projects for on-road or non-road diesels;(4)  purchase and use of emissions-reducing add-on equipment for on-road or non-road diesels;(5)  development and demonstration of practical, low-emissions retrofit technologies, repower options, and advanced technologies for on-road or non-road diesels with lower emissions of oxides of nitrogen;(6)  use of qualifying fuel;(7)  implementation of infrastructure projects;  and(8)  replacement of on-road or non-road diesels with newer on-road or non-road diesels.(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 an on-road diesel or equipment required only by local law or regulation or by corporate or controlling board policy of a public or private entity.(e)  To improve the success of the program the commission:(1)  shall establish cost-effective limits for grants awarded under the program to an owner or operator of a locomotive or marine vessel that are lower than the cost-effectiveness limits applied to other emissions reductions grants;(2)  shall determine the maximum amount of reductions available from the locomotive and marine sectors and develop strategies to facilitate the maximum amount of reductions in these sectors; and(3)  shall include in the report required by Section 386.057(b) that is due not later than December 1, 2006, an analysis of the cost-effectiveness of the grants in these sectors.|Added by Acts 2001, 77th Leg., ch. 967, Sec. 1(b), eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 1331, Sec. 4, eff. June 20, 2003.Amended by: Acts 2005, 79th Leg., Ch. 1125 (H.B. 2481), Sec. 6, eff. September 1, 2005.|
TX Health & Safety Code § 386.103 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 386 - Texas Emissions Reduction Plan|Subchapter C. Diesel Emissions Reduction Incentive Program|Section 386.103. Application for Grant

Sec. 386.103.  APPLICATION FOR GRANT.  (a)  Any person as defined by Section 382.003 that owns one or more on-road or non-road diesels that operate primarily within a nonattainment area or affected county of this state or that otherwise contributes to the state inventory of emissions of oxides of nitrogen may apply for a grant under the program.  The commission may adopt guidelines to allow a person other than the owner to apply for and receive a grant in order to improve the ability of the program to achieve its goals.(b)  An application for a grant under this subchapter must be made on an application provided by the commission and must contain information required by the commission, including:(1)  a detailed description of the proposed project;(2)  information necessary for the commission to determine whether the project meets eligibility requirements for the type of project proposed, including a statement of the amounts of any other public financial assistance the project will receive;  and(3)  other information the commission may require.(c)  To reduce the administrative burden for the commission and applicants, the commission may streamline the application process by:(1)  reducing data entry and the copying and recopying of applications; and(2)  developing, maintaining, and periodically updating a system to accept applications electronically through the commission's Internet website.|Added by Acts 2001, 77th Leg., ch. 967, Sec. 1(b), eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 1331, Sec. 5, eff. June 20, 2003.Amended by: Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(d-1), eff. August 30, 2017.|
TX Health & Safety Code § 386.105 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 386 - Texas Emissions Reduction Plan|Subchapter C. Diesel Emissions Reduction Incentive Program|Section 386.105. Calculation of Cost-Effectiveness

Sec. 386.105.  CALCULATION OF COST-EFFECTIVENESS.  (a)  In calculating cost-effectiveness, one-time grants of money at the beginning of a project shall be annualized using a time value of public funds or discount rate determined for each project by the commission, taking into account the interest rate on bonds, interest earned by state funds, and other factors the commission considers appropriate.(b)  The commission shall establish reasonable methodologies for evaluating project cost-effectiveness consistent with Subsection (a) and with accepted methods.(c)  The commission shall develop protocols for calculating oxides of nitrogen emissions reductions not otherwise required by state or federal law in nonattainment areas and affected counties of this state from representative project types over the life of the projects.(d)  The commission may include in cost-effectiveness determinations only reductions in oxides of nitrogen emissions that are achieved in nonattainment areas and affected counties of this state.(e)  The commission may allow for the apportionment of credits associated with a project between the plan and another program or entity if the part of the credit assigned to the program that is part of the plan still meets any applicable cost-effectiveness criteria.|Added by Acts 2001, 77th Leg., ch. 967, Sec. 1(b), eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 1331, Sec. 7, eff. June 20, 2003.|
TX Health & Safety Code § 386.106 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 386 - Texas Emissions Reduction Plan|Subchapter C. Diesel Emissions Reduction Incentive Program|Section 386.106. Cost-Effectiveness Criteria; Determination of Grant Amount

Sec. 386.106.  COST-EFFECTIVENESS CRITERIA; DETERMINATION OF GRANT AMOUNT.  (a)  Except as otherwise provided by statute, the commission may not award a grant that, net of taxes, provides an amount that exceeds the incremental cost of the proposed project.(b)  The commission shall adopt guidelines for capitalizing incremental lease costs so those costs may be offset by a grant under this subchapter.(c)  In determining the amount of a grant under this subchapter, the commission shall reduce the incremental cost of a proposed new purchase, lease, retrofit, repower, or add-on equipment project by the value of any existing financial incentive that directly reduces the cost of the proposed project, including tax credits or deductions, other grants, or any other public financial assistance.|Added by Acts 2001, 77th Leg., ch. 967, Sec. 1(b), eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 1331, Sec. 8, eff. June 20, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 262 (S.B. 12), Sec. 2.05, eff. June 8, 2007.Acts 2013, 83rd Leg., R.S., Ch. 1230 (S.B. 1727), Sec. 5, eff. June 14, 2013.|
TX Health & Safety Code § 386.107 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 386 - Texas Emissions Reduction Plan|Subchapter C. Diesel Emissions Reduction Incentive Program|Section 386.107. Adjustment to Maximum Cost-Effectiveness Amount and Award Amount

Sec. 386.107.  ADJUSTMENT TO MAXIMUM COST-EFFECTIVENESS AMOUNT AND AWARD AMOUNT.  After study of available emissions reduction technologies and costs and after public notice and comment, the commission may change the values of the maximum grant award criteria established in Section 386.106 to account for inflation or to improve the ability of the program to achieve its goals.|Added by Acts 2001, 77th Leg., ch. 967, Sec. 1(b), eff. Sept. 1, 2001.Amended by: Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(e), eff. August 30, 2017.|
TX Health & Safety Code § 386.108 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 386 - Texas Emissions Reduction Plan|Subchapter C. Diesel Emissions Reduction Incentive Program|Section 386.108. Infrastructure Projects

Sec. 386.108.  INFRASTRUCTURE PROJECTS.  (a)  The commission shall provide funding under Section 386.252(a) for infrastructure projects.(b)  To implement the requirement of Subsection (a), the commission shall:(1)  solicit applications for a balanced mix of projects involving fueling and electrification infrastructure that is linked to motor vehicle and on-road and non-road diesel projects and consistent with program goals;(2)  coordinate infrastructure projects with motor vehicle and on-road and non-road diesel projects representing a broad range of fuels, technologies, and applications as appropriate and consistent with the goals of this chapter;(3)  adopt guidelines and criteria for infrastructure projects to be funded under the program;  and(4)  oversee, monitor, and evaluate the use of grants awarded under this program and report on the effectiveness of this grant program in relation to the purposes and goals of this chapter.|Added by Acts 2001, 77th Leg., ch. 967, Sec. 1(b), eff. Sept. 1, 2001.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 28 (S.B. 527), Sec. 2, eff. September 1, 2011.|