reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 391 - New Technology Implementation for Facilities and Stationary Sources › Subchapter A. General Provisions › Section 391.004. Availability of Emissions Reduction Credits in Certain Nonattainment Areas

Sec. 391.004.  AVAILABILITY OF EMISSIONS REDUCTION CREDITS IN CERTAIN NONATTAINMENT AREAS.  A project funded under this chapter must comply with Sections 386.055 and 386.056, as applicable.
Added by Acts 2009, 81st Leg., R.S., Ch. 1125 (H.B. 1796), Sec. 9, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 391 - New Technology Implementation for Facilities and Stationary Sources › Subchapter B. Grant Applications and Review › Section 391.101. Application for Grant

Sec. 391.101.  APPLICATION FOR GRANT.  (a)  The owner of a facility located in this state may apply for a grant under the program established under Section 391.002.  To improve the ability of the program to achieve the program goals, the commission may adopt guidelines to allow a person other than the owner to apply for and receive a grant.
(b)  An application for a grant under this chapter must be made on a form 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 the commission's eligibility requirements, 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)  An application for a grant under this chapter must contain a plan for implementation of a program that will provide project information and education to the public in the areas subject to public notice under federal and state permitting requirements for the proposed project until completion of the permitting process.  The plan must provide for a publicly accessible informational Internet website.
Added by Acts 2009, 81st Leg., R.S., Ch. 1125 (H.B. 1796), Sec. 9, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 391 - New Technology Implementation for Facilities and Stationary Sources › Subchapter B. Grant Applications and Review › Section 391.103. Evidence of Emissions Reduction Potential Required

Sec. 391.103.  EVIDENCE OF EMISSIONS REDUCTION POTENTIAL REQUIRED.  (a)  An application for a new technology implementation grant under this chapter must show reasonable evidence that the proposed technology is capable of providing a significant reduction in emissions.
(b)  The commission shall consider specifically, for each proposed new technology implementation grant application:
(1)  the projected potential for reduced emissions and the cost-effectiveness of the new technology;
(2)  the potential for the new technology to contribute significantly to air quality goals; and
(3)  the strength of the implementation plan.
Added by Acts 2009, 81st Leg., R.S., Ch. 1125 (H.B. 1796), Sec. 9, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 391 - New Technology Implementation for Facilities and Stationary Sources › Subchapter B. Grant Applications and Review › Section 391.104. Reporting Requirements

Sec. 391.104.  REPORTING REQUIREMENTS.  The commission shall include in the biennial plan report required by Section 386.057(b) information that summarizes the applications received and grants awarded in the preceding biennium.  Preparation of the information for the report may include the participation of any state agency involved in the review of applications under Section 391.102, if the commission determines participation of the agency is needed.
Added by Acts 2009, 81st Leg., R.S., Ch. 1125 (H.B. 1796), Sec. 9, eff. September 1, 2009.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(j-2), eff. August 30, 2017.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 391 - New Technology Implementation for Facilities and Stationary Sources › Subchapter C. Project Requirements › Section 391.201. Eligibility of Projects for Grants

Sec. 391.201.  ELIGIBILITY OF PROJECTS FOR GRANTS.  (a)  The commission shall establish criteria for prioritizing projects eligible to receive grants under this chapter.  The commission shall review and may modify the criteria and priorities as appropriate.
(b)  A proposed project must meet the requirements of this section to be eligible for a grant under the program established under Section 391.002.
(c)  Each proposed project must meet the cost-effectiveness requirements established by the commission.
(d)  A new technology implementation project must document, in a manner acceptable to the commission, an achieved reduction from the baseline emissions adopted by the commission for the relevant facility or stationary source.  After studying available emissions reduction technologies, the commission may impose a required minimum percentage reduction of emissions to improve the ability of the program to achieve the program goals.
(e)  If a baseline emissions standard does not exist for a facility, the commission, for purposes of this subchapter, shall adopt an appropriate baseline emissions level for comparison purposes.
(f)  Planned water usage for proposed projects must be consistent with the state water plan.
Added by Acts 2009, 81st Leg., R.S., Ch. 1125 (H.B. 1796), Sec. 9, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 391 - New Technology Implementation for Facilities and Stationary Sources › Subchapter C. Project Requirements › Section 391.202. Evaluating Cost-Effectiveness

Sec. 391.202.  EVALUATING COST-EFFECTIVENESS.  The commission shall establish reasonable methodologies for evaluating project cost-effectiveness, consistent with accepted methods.
Added by Acts 2009, 81st Leg., R.S., Ch. 1125 (H.B. 1796), Sec. 9, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 391 - New Technology Implementation for Facilities and Stationary Sources › Subchapter C. Project Requirements › Section 391.203. Determination of Grant Amount

Sec. 391.203.  DETERMINATION OF GRANT AMOUNT.  (a)  The commission may not award a grant that, net of taxes, provides an amount that exceeds the incremental cost of the proposed project.
(b)  In determining the amount of a grant under this subchapter, the commission shall reduce the incremental cost of a proposed 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 2009, 81st Leg., R.S., Ch. 1125 (H.B. 1796), Sec. 9, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 391 - New Technology Implementation for Facilities and Stationary Sources › Subchapter C. Project Requirements › Section 391.204. Cost Sharing; Recapturing Grant

Sec. 391.204.  COST SHARING; RECAPTURING GRANT.  (a)  The commission shall require an applicant to bear at least 50 percent of the costs of implementing a project funded under this chapter.
(b)  The commission may not require repayment of grant money, except that the commission must require provisions for recapturing grant money for noncompliance with grant requirements.
Added by Acts 2009, 81st Leg., R.S., Ch. 1125 (H.B. 1796), Sec. 9, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 391 - New Technology Implementation for Facilities and Stationary Sources › Subchapter C. Project Requirements › Section 391.205. Preferences

Sec. 391.205.  PREFERENCES.  (a)  Except as provided by Subsection (c), in awarding grants under this chapter the commission shall give preference to projects that:
(1)  involve the transport, use, recovery for use, or prevention of the loss of natural resources originating or produced in this state;
(2)  contain an energy efficiency component;
(3)  include the use of solar, wind, or other renewable energy sources;
(4)  recover waste heat from the combustion of natural resources and use the heat to generate electricity; or
(5)  reduce flaring emissions and other site emissions.
(b)  Projects that include more than one of the criteria described by Subsection (a) shall be given a greater preference in the award of grants under this chapter.
(c)  The commission may give preference under Subsection (a) only if the cost-effectiveness and emission performance of the project are comparable to those of a project not claiming a preference described by that subsection.
Added by Acts 2009, 81st Leg., R.S., Ch. 1125 (H.B. 1796), Sec. 9, eff. September 1, 2009.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(k), eff. August 30, 2017.
Acts 2021, 87th Leg., R.S., Ch. 695 (H.B. 2361), Sec. 2, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 1043 (H.B. 4472), Sec. 8, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 391 - New Technology Implementation for Facilities and Stationary Sources › Subchapter D. Funding; Expiration › Section 391.301. Restriction on Use of Grant

Sec. 391.301.  RESTRICTION ON USE OF GRANT.  A recipient of a grant under this chapter must use the grant to pay the incremental costs of the purchase, lease, or installation of the project for which the grant is made, which may include reasonable and necessary expenses for the labor needed to install emissions-reducing equipment.  The recipient may use the grant for the costs of operating and maintaining the emissions-reducing equipment.
Added by Acts 2009, 81st Leg., R.S., Ch. 1125 (H.B. 1796), Sec. 9, eff. September 1, 2009.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 695 (H.B. 2361), Sec. 3, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 1043 (H.B. 4472), Sec. 9, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 391 - New Technology Implementation for Facilities and Stationary Sources › Subchapter D. Funding; Expiration › Section 391.302. Comptroller Review of Use of Grant Funds

Sec. 391.302.  COMPTROLLER REVIEW OF USE OF GRANT FUNDS.  (a)  The comptroller annually shall conduct a review of each recipient of a new technology implementation grant under this chapter to ensure that the recipient's use of the grant complies with state law and the terms of the award.
(b)  To assist with a review under this section, the commission shall provide the comptroller with all monitoring reports received from grant recipients and any other documentation requested by the comptroller.
(c)  On a finding of any misuse of grant money or other noncompliance with grant requirements, the comptroller shall provide a report to the commission with recommendations for subsequent action, including the recapture of money misused.
(d)  A finding of any misuse of grant money by a recipient of a grant under this chapter results in a debt owed to the state, and the comptroller may withhold warrants and electronic funds transfers to the recipient in accordance with Section 403.055, Government Code.
(e)  The comptroller may contract with another state agency, an institution of higher education, or a private entity to conduct a review under this section or to assist the comptroller in conducting any part of the review.
(f)  The comptroller may adopt rules to implement this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 1125 (H.B. 1796), Sec. 9, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 391 - New Technology Implementation for Facilities and Stationary Sources › Subchapter D. Funding; Expiration › Section 391.303. Time of Use of Grant Funding

Sec. 391.303.  TIME OF USE OF GRANT FUNDING.  Money appropriated for grants to be made by the commission under this chapter for a fiscal year may be distributed in subsequent fiscal years if the grant has been awarded and treated as a binding encumbrance by the commission before the end of the appropriation year of the money appropriated for grant purposes.  Distribution of the grant money is subject to Section 403.071, Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 1125 (H.B. 1796), Sec. 9, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 391 - New Technology Implementation for Facilities and Stationary Sources › Subchapter D. Funding; Expiration › Section 391.304. Expiration

Sec. 391.304.  EXPIRATION.  This chapter expires on the last day of the state fiscal biennium during which the commission publishes in the Texas Register the notice required by Section 382.037.
Added by Acts 2009, 81st Leg., R.S., Ch. 1125 (H.B. 1796), Sec. 9, eff. September 1, 2009.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(k-1), eff. August 30, 2017.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 392 - Texas Clean Fleet Program › Section 392.001. Definitions

Sec. 392.001.  DEFINITIONS.  In this chapter:
(1)  "Alternative fuel" means a fuel other than gasoline or diesel fuel, including electricity, compressed natural gas, liquefied natural gas, hydrogen, propane, or a mixture of fuels containing at least 85 percent methanol by volume.
(2)  "Commission" means the Texas Commission on Environmental Quality.
(3)  "Golf cart" has the meaning assigned by Section 551.401, Transportation Code.
(4)  "Hybrid vehicle" means a vehicle with at least two different energy converters and two different energy storage systems on board the vehicle for the purpose of propelling the vehicle.
(5)  "Incremental cost" has the meaning assigned by Section 386.001.
(6)  "Light-duty motor vehicle" has the meaning assigned by Section 386.151.
(7)  "Motor vehicle" has the meaning assigned by Section 386.151.
(8)  "Neighborhood electric vehicle" means a motor vehicle that:
(A)  is originally manufactured to meet, and does meet, the equipment requirements and safety standards established for "low-speed vehicles" in Federal Motor Vehicle Safety Standard No. 500 (49 C.F.R. Section 571.500);
(B)  is a slow-moving vehicle, as defined by Section 547.001, Transportation Code, that is able to attain a speed of more than 20 miles per hour but not more than 25 miles per hour in one mile on a paved, level surface;
(C)  is a four-wheeled motor vehicle;
(D)  is powered by electricity or alternative power sources;
(E)  has a gross vehicle weight rating of less than 3,000 pounds; and
(F)  is not a golf cart.
(9)  "Program" means the Texas clean fleet program established under this chapter.
Redesignated from Health and Safety Code, Chapter 391 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(30), eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(k-2), eff. August 30, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1233 (H.B. 1548), Sec. 4, eff. June 14, 2019.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 392 - Texas Clean Fleet Program › Section 392.002. Program

Sec. 392.002.  PROGRAM.  (a)  The commission shall establish and administer the Texas clean fleet program to encourage a person that has a fleet of diesel-powered vehicles to replace them with alternative fuel or hybrid vehicles.  Under the program, the commission shall provide grants for eligible projects to offset the incremental cost of projects for fleet owners.
(b)  An entity that places 10 or more qualifying vehicles in service for use entirely in this state during a calendar year is eligible to participate in the program.
(c)  Notwithstanding Subsection (b), an entity that submits a grant application for 10 or more qualifying vehicles is eligible to participate in the program even if the commission denies approval for one or more of the vehicles during the application process.
Redesignated from Health and Safety Code, Chapter 391 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(30), eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(l), eff. August 30, 2017.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 392 - Texas Clean Fleet Program › Section 392.003. Qualifying Vehicles

Sec. 392.003.  QUALIFYING VEHICLES.  (a)  A vehicle is a qualifying vehicle that may be considered for a grant under the program if during the eligibility period established by the commission the entity purchases a new on-road vehicle that:
(1)  is certified to the appropriate current federal emissions standards as determined by the commission;
(2)  replaces a diesel-powered on-road vehicle of the same weight classification and use; and
(3)  is a hybrid vehicle or fueled by an alternative fuel.
(b)  A vehicle is not a qualifying vehicle if the vehicle:
(1)  is a neighborhood electric vehicle;
(2)  has been used as a qualifying vehicle to qualify for a grant under this chapter for a previous reporting period or by another entity; or
(3)  has qualified for a similar grant or tax credit in another jurisdiction.
Redesignated from Health and Safety Code, Chapter 391 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(30), eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(l-1), eff. August 30, 2017.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 392 - Texas Clean Fleet Program › Section 392.004. Application for Grant

Sec. 392.004.  APPLICATION FOR GRANT.  (a)  An entity operating in this state that operates a fleet of at least 75 vehicles may apply for and receive a grant under the program.
(b)  The commission may adopt guidelines to allow a regional planning commission, council of governments, or similar regional planning agency created under Chapter 391, Local Government Code, or a private nonprofit organization to apply for and receive a grant to improve the ability of the program to achieve its goals.
(c)  An application for a grant under this chapter must be made on a form provided by the commission and must contain the information required by the commission.
(d)  The commission shall minimize, to the maximum extent possible, the amount of paperwork required for an application.
Redesignated from Health and Safety Code, Chapter 391 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(30), eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(l-2), eff. August 30, 2017.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 392 - Texas Clean Fleet Program › Section 392.006. Restriction on Use of Grant

Sec. 392.006.  RESTRICTION ON USE OF GRANT.  A recipient of a grant under this chapter shall use the grant to pay the incremental costs of the project for which the grant is made, which may include the initial cost of the alternative fuel vehicle and the reasonable and necessary expenses incurred for the labor needed to install emissions-reducing equipment.  The recipient may not use the grant to pay the recipient's administrative expenses.
Redesignated from Health and Safety Code, Chapter 391 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(30), eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 392 - Texas Clean Fleet Program › Section 392.007. Amount of Grant

Sec. 392.007.  AMOUNT OF GRANT.
(a)  The amount the commission shall award for each vehicle being replaced is up to  80 percent, as determined by the commission, of the total cost for replacement of a heavy-duty or light-duty diesel engine.
(b)  The commission may revise the standards for determining grant amounts, as needed to reflect changes to federal emission standards and decisions on pollutants of concern.
Redesignated from Health and Safety Code, Chapter 391 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(30), eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1230 (S.B. 1727), Sec. 21, eff. June 14, 2013.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 392 - Texas Clean Fleet Program › Section 392.008. Expiration

Sec. 392.008.  EXPIRATION.  This chapter expires on the last day of the state fiscal biennium during which the commission publishes in the Texas Register the notice required by Section 382.037.
Redesignated from Health and Safety Code, Chapter 391 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(30), eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(m-1), eff. August 30, 2017.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 393 - Alternative Fueling Facilities Program › Section 393.001. Definitions

Sec. 393.001.  DEFINITIONS.  In this chapter:
(1)  "Alternative fuel" means a fuel other than gasoline or diesel fuel, other than biodiesel fuel, including electricity, compressed natural gas, liquefied natural gas, hydrogen, propane, or a mixture of fuels containing at least 85 percent methanol by volume.
(1-a)  "Clean transportation zone" means:
(A)  counties containing or intersected by a portion of an interstate highway connecting the cities of Houston, San Antonio, Dallas, and Fort Worth;
(B)  counties located within the area bounded by the interstate highways described by Paragraph (A);
(C)  counties containing or intersected by a portion of:
(i)  an interstate highway connecting San Antonio to Corpus Christi or Laredo;
(ii)  the most direct route using highways in the state highway system connecting Corpus Christi and Laredo; or
(iii)  a highway corridor connecting Corpus Christi and Houston;
(D)  counties located within the area bounded by the highways described by Paragraph (C);
(E)  counties in this state all or part of which are included in a nonattainment area designated under Section 107(d) of the federal Clean Air Act (42 U.S.C. Section 7407); and
(F)  counties designated as affected counties under Section 386.001.
(2)  "Commission" means the Texas Commission on Environmental Quality.
(3)  "Program" means the Texas alternative fueling facilities program established under this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 892 (S.B. 385), Sec. 3, eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(m-2), eff. August 30, 2017.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 393 - Alternative Fueling Facilities Program › Section 393.002. Program

Sec. 393.002.  PROGRAM.  (a)  The commission shall establish and administer the Texas alternative fueling facilities program to provide fueling facilities for alternative fuel in the clean transportation zone.  Under the program, the commission shall provide a grant for each eligible facility to offset the cost of those facilities.
(b)  An entity that constructs or reconstructs an alternative fueling facility is eligible to participate in the program.
(c)  To ensure that alternative fuel vehicles have access to fuel and to build the foundation for a self-sustaining market for alternative fuels in Texas, the commission shall provide for strategically placed fueling facilities in the clean transportation zone to enable an alternative fuel vehicle to travel in those areas relying solely on the alternative fuel.
(d)  The commission shall maintain a listing to be made available to the public online of all vehicle fueling facilities that have received grant funding, including location and hours of operation.
Added by Acts 2011, 82nd Leg., R.S., Ch. 892 (S.B. 385), Sec. 3, eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(n), eff. August 30, 2017.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 393 - Alternative Fueling Facilities Program › Section 393.003. Application for Grant

Sec. 393.003.  APPLICATION FOR GRANT.  (a)  An entity operating in this state that constructs or reconstructs a facility to dispense alternative fuels may apply for and receive a grant under the program.
(b)  The commission may allow a regional planning commission, council of governments, or similar regional planning agency created under Chapter 391, Local Government Code, or a private nonprofit organization to apply for and receive a grant to improve the ability of the program to achieve its goals.
(c)  An application for a grant under this chapter must be made on a form provided by the commission and must contain the information required by the commission.
(d)  An application for a grant under the program must include a certification that the applicant complies with laws, rules, guidelines, and requirements applicable to taxation of fuel provided by the applicant at each fueling facility owned or operated by the applicant.  The commission may terminate a grant awarded under this section without further obligation to the grant recipient if the commission determines that the recipient did not comply with a law, rule, guideline, or requirement described by this subsection.  This subsection does not create a cause of action to contest an application or award of a grant.
(e)  The commission shall disburse grants under the program through a competitive application selection process to offset a portion of the eligible costs.
Added by Acts 2011, 82nd Leg., R.S., Ch. 892 (S.B. 385), Sec. 3, eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(n-1), eff. August 30, 2017.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 393 - Alternative Fueling Facilities Program › Section 393.004. Eligibility of Facilities for Grants

Sec. 393.004.  ELIGIBILITY OF FACILITIES FOR GRANTS.  (a)  In addition to the requirements of this chapter, the commission shall establish additional eligibility and prioritization criteria as needed to implement the program.
(b)  The prioritization criteria established under Subsection (a) must provide that, for each grant round, the commission may not award a grant to an entity that does not agree to make the alternative fueling facility accessible and available to the public at times designated by the grant contract until each eligible entity that does agree to those terms has been awarded a grant.
(c)  The commission may not award more than one grant for each facility.
(d)  The commission may give preference to or otherwise limit grant selections to:
(1)  fueling facilities providing specific types of alternative fuels;
(2)  fueling facilities in a specified area or location; and
(3)  fueling facilities meeting other specified prioritization criteria established by the commission.
(e)  For fueling facilities to provide natural gas, the commission shall give preference to:
(1)  facilities providing both liquefied natural gas and compressed natural gas at a single location;
(2)  facilities located not more than one mile from an interstate highway system;
(3)  facilities located in the area in and between the Houston, San Antonio, and Dallas-Fort Worth areas; and
(4)  facilities located in the area in and between the Corpus Christi, Laredo, and San Antonio areas.
Added by Acts 2011, 82nd Leg., R.S., Ch. 892 (S.B. 385), Sec. 3, eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(n-2), eff. August 30, 2017.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 393 - Alternative Fueling Facilities Program › Section 393.005. Restriction on Use of Grant

Sec. 393.005.  RESTRICTION ON USE OF GRANT.  (a)  A recipient of a grant under this chapter shall use the grant only to pay the costs of the facility for which the grant is made.  The recipient may not use the grant to pay the recipient's:
(1)  administrative expenses;
(2)  expenses for the purchase of land or an interest in land; or
(3)  expenses for equipment or facility improvements that are not directly related to the delivery, storage, compression, or dispensing of the alternative fuel at the facility.
(b)  Each grant must be awarded using a contract that requires the recipient to meet operational, maintenance, and reporting requirements as specified by the commission.
Added by Acts 2011, 82nd Leg., R.S., Ch. 892 (S.B. 385), Sec. 3, eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(o), eff. August 30, 2017.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 393 - Alternative Fueling Facilities Program › Section 393.006. Amount of Grant

Sec. 393.006.  AMOUNT OF GRANT.  (a)  Grants awarded under this chapter for a facility to provide alternative fuels other than natural gas may not exceed the lesser of:
(1)  50 percent of the sum of the actual eligible costs incurred by the grant recipient within deadlines established by the commission; or
(2)  $600,000.
(b)  Grants awarded under this chapter for a facility to provide natural gas may not exceed:
(1)  $400,000 for a compressed natural gas facility;
(2)  $400,000 for a liquefied natural gas facility; or
(3)  $600,000 for a facility providing both liquefied and compressed natural gas.
Added by Acts 2011, 82nd Leg., R.S., Ch. 892 (S.B. 385), Sec. 3, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1230 (S.B. 1727), Sec. 24, eff. June 14, 2013.
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(o-1), eff. August 30, 2017.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 393 - Alternative Fueling Facilities Program › Section 393.007. Expiration

Sec. 393.007.  EXPIRATION.  This chapter expires on the last day of the state fiscal biennium during which the commission publishes in the Texas Register the notice required by Section 382.037.
Added by Acts 2011, 82nd Leg., R.S., Ch. 892 (S.B. 385), Sec. 3, eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(o-2), eff. August 30, 2017.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 394 - Texas Natural Gas Vehicle Grant Program › Section 394.001. Definitions

Sec. 394.001.  DEFINITIONS.  In this chapter:
(1)  "Certified" includes:
(A)  new vehicle or new engine certification by the United States Environmental Protection Agency; or
(B)  certification or approval by the United States Environmental Protection Agency of a system to convert a vehicle or engine to operate on an alternative fuel and a demonstration by the emissions data used to certify or approve the vehicle or engine, if the commission determines the testing used to obtain the emissions data is consistent with the testing required for approval of an alternative fuel conversion system for new and relatively new vehicles or engines under 40 C.F.R. Part 85.
(1-a)  "Clean transportation zone" has the meaning assigned by Section 393.001.
(2)  "Commission" means the Texas Commission on Environmental Quality.
(3)  "Executive director" means the executive director of the Texas Commission on Environmental Quality.
(4)  "Heavy-duty motor vehicle" means a motor vehicle that:
(A)  has a gross vehicle weight rating of more than 8,500 pounds; and
(B)  is certified to or has an engine certified to the United States Environmental Protection Agency's emissions standards for heavy-duty vehicles or engines.
(5)  "Incremental cost" has the meaning assigned by Section 386.001.
(6)  "Medium-duty motor vehicle" means a motor vehicle with a gross vehicle weight rating of more than 8,500 pounds that:
(A)  is certified to the United States Environmental Protection Agency's light-duty emissions standard; or
(B)  has an engine certified to the United States Environmental Protection Agency's light-duty emissions standard.
(7)  "Motor vehicle" has the meaning assigned by Section 386.151.
(7-a)  "Natural gas engine" means an engine that operates:
(A)  solely on natural gas, including compressed natural gas, liquefied natural gas, or liquefied petroleum gas; or
(B)  on a combination of diesel fuel and natural gas, including compressed natural gas, liquefied natural gas, or liquefied petroleum gas, and is capable of achieving at least 60 percent displacement of diesel fuel with natural gas.
(8)  "Natural gas vehicle" means a motor vehicle that is powered by a natural gas engine.
(9)  "Program" means the Texas natural gas vehicle grant program established under this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 892 (S.B. 385), Sec. 3, eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(p), eff. August 30, 2017.
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(r-2)(3), eff. August 30, 2017.
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 9.002, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 394 - Texas Natural Gas Vehicle Grant Program › Section 394.002. Program

Sec. 394.002.  PROGRAM.  The commission shall establish and administer the Texas natural gas vehicle grant program to encourage an entity that has a heavy-duty or medium-duty motor vehicle to repower the vehicle with a natural gas engine or replace the vehicle with a natural gas vehicle.  Under the program, the commission shall provide grants for eligible heavy-duty motor vehicles and medium-duty motor vehicles to offset the incremental cost for the entity of repowering or replacing the heavy-duty or medium-duty motor vehicle.
Added by Acts 2011, 82nd Leg., R.S., Ch. 892 (S.B. 385), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 394 - Texas Natural Gas Vehicle Grant Program › Section 394.003. Qualifying Vehicles

Sec. 394.003.  QUALIFYING VEHICLES.  (a)  A vehicle is a qualifying vehicle that may be considered for a grant under the program if during the eligibility period established by the commission the entity:
(1)  purchased, leased, or otherwise commercially financed the vehicle as an on-road heavy-duty or medium-duty motor vehicle that:
(A)  is a new natural gas vehicle or, subject to Subsection (c), a used natural gas vehicle;
(B)  is certified to the appropriate current federal emissions standards as determined by the commission; and
(C)  replaces an on-road heavy-duty or medium-duty motor vehicle of the same weight classification and use; or
(2)  repowered the on-road motor vehicle to a natural gas vehicle powered by a natural gas engine that is certified to the appropriate current federal emissions standards as determined by the commission.
(b)  A heavy-duty or medium-duty motor vehicle is not a qualifying vehicle if the vehicle or the natural gas engine powering the vehicle:
(1)  has been awarded a grant under this chapter for a previous reporting period; or
(2)  has received a similar grant or tax credit in another jurisdiction if that grant or tax credit program is relied on for credit in the state implementation plan.
(c)  A used natural gas vehicle that is proposed to replace an on-road heavy-duty or medium-duty motor vehicle must be of model year 2017 or later, provided that the model year may not be more than six years older than the current model year at the time of the submission of the grant application.
Added by Acts 2011, 82nd Leg., R.S., Ch. 892 (S.B. 385), Sec. 3, eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(p-1), eff. August 30, 2017.
Acts 2021, 87th Leg., R.S., Ch. 450 (H.B. 963), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 394 - Texas Natural Gas Vehicle Grant Program › Section 394.004. Application for Grant

Sec. 394.004.  APPLICATION FOR GRANT.  (a)  Only an entity operating in this state that operates a heavy-duty or medium-duty motor vehicle may apply for and receive a grant under this chapter.
(b)  An application for a grant under this chapter must be made on a form provided by the commission and must contain the information required by the commission.
(c)  The commission, after consulting stakeholders, shall:
(1)  simplify the application form; and
(2)  minimize, to the maximum extent possible, documentation required for an application.
Added by Acts 2011, 82nd Leg., R.S., Ch. 892 (S.B. 385), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 394 - Texas Natural Gas Vehicle Grant Program › Section 394.006. Restriction on Use of Grant

Sec. 394.006.  RESTRICTION ON USE OF GRANT.  A recipient of a grant under this chapter shall use the grant to pay the incremental costs of the replacement or vehicle repower for which the grant is made, which may include a portion of the initial cost of the natural gas vehicle or natural gas engine, including the cost of the natural gas fuel system and installation.  The recipient may not use the grant to pay the recipient's administrative expenses.
Added by Acts 2011, 82nd Leg., R.S., Ch. 892 (S.B. 385), Sec. 3, eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(q), eff. August 30, 2017.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 394 - Texas Natural Gas Vehicle Grant Program › Section 394.007. Amount of Grant

Sec. 394.007.  AMOUNT OF GRANT.  (a)  The commission shall develop a grant schedule that:
(1)  assigns a standardized grant in an amount up to 90 percent of the incremental cost of a natural gas vehicle purchase, lease, other commercial finance, or repowering;
(2)  is based on:
(A)  the certified emission level of nitrogen oxides, or other pollutants as determined by the commission, of the engine powering the natural gas vehicle; and
(B)  the usage of the natural gas vehicle; and
(3)  may take into account the overall emissions reduction achieved by the natural gas vehicle.
(b)  Not less than 60 percent of the total amount of grants awarded under this chapter for the purchase and repowering of motor vehicles must be awarded to motor vehicles with a gross vehicle weight rating of at least 33,001 pounds.  The minimum grant requirement under this subsection does not apply if the commission does not receive enough grant applications to satisfy the requirement for motor vehicles described by this subsection that are eligible to receive a grant under this chapter.
(c)  A person may not receive a grant under this chapter that, when combined with any other grant, tax credit, or other governmental incentive, exceeds the incremental cost of the vehicle or vehicle repower for which the grant is awarded.  A person shall return to the commission the amount of a grant awarded under this chapter that, when combined with any other grant, tax credit, or other governmental incentive, exceeds the incremental cost of the vehicle or vehicle repower for which the grant is awarded.
(d)  The commission shall reduce the amount of a grant awarded under this chapter as necessary to keep the combined incentive total at or below the incremental cost of the vehicle for which the grant is awarded if the grant recipient is eligible to receive an automatic incentive at or before the time a grant is awarded under this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 892 (S.B. 385), Sec. 3, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1230 (S.B. 1727), Sec. 22, eff. June 14, 2013.
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(q-1), eff. August 30, 2017.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 394 - Texas Natural Gas Vehicle Grant Program › Section 394.008. Grant Procedures

Sec. 394.008.  GRANT PROCEDURES.  (a)  The commission shall establish procedures for:
(1)  awarding grants under this chapter to reimburse eligible costs;
(2)  streamlining the grant application, contracting, reimbursement, and reporting process for qualifying natural gas vehicle purchases or repowers; and
(3)  preapproving the award of grants to applicants who propose to purchase and replace motor vehicles described by Section 394.005(b)(2)(B).
(b)  Procedures established under this section must:
(1)  provide for the commission to compile and regularly update a listing of potentially eligible natural gas vehicles and natural gas engines that are certified to the appropriate current federal emissions standards as determined by the commission;
(2)  provide a method to calculate the reduction in emissions of nitrogen oxides, volatile organic compounds, carbon monoxide, particulate matter, and sulfur compounds for each replacement or repowering;
(3)  assign a standardized grant amount for each qualifying vehicle or engine repower under Section 394.007;
(4)  allow for processing applications on an ongoing first-come, first-served basis;
(5)  require grant applicants to identify natural gas fueling stations that are available to fuel the qualifying vehicle in the area of its use;
(6)  provide for payment not later than the 30th day after the date the request for reimbursement for an approved grant is received;
(7)  provide for application submission and application status checks using procedures established by the commission, which may include application submission and status checks to be made over the Internet; and
(8)  consolidate, simplify, and reduce the administrative work for applicants and the commission associated with grant application, contracting, reimbursement, and reporting requirements.
(c)  The commission, or its designee, shall oversee the grant process and is responsible for final approval of any grant.
(d)  Grant recipients are responsible for meeting all grant conditions, including reporting and monitoring as required by the commission through the grant contract.
Added by Acts 2011, 82nd Leg., R.S., Ch. 892 (S.B. 385), Sec. 3, eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(q-2), eff. August 30, 2017.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 394 - Texas Natural Gas Vehicle Grant Program › Section 394.012. Expiration

Sec. 394.012.  EXPIRATION.  This chapter expires on the last day of the state fiscal biennium during which the commission publishes in the Texas Register the notice required by Section 382.037.
Added by Acts 2011, 82nd Leg., R.S., Ch. 892 (S.B. 385), Sec. 3, eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(r), eff. August 30, 2017.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 395 - Governmental Alternative Fuel Fleet Grant Program › Section 395.001. Definitions

Sec. 395.001.  DEFINITIONS.  In this chapter:
(1)  "Alternative fuel" means compressed natural gas, liquefied natural gas, liquefied petroleum gas, hydrogen fuel cells, or electricity, including electricity to power fully electric motor vehicles and plug-in hybrid motor vehicles.
(2)  "Commission" means the Texas Commission on Environmental Quality.
(3)  "Incremental cost" has the meaning assigned by Section 386.001.
(4)  "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.
(5)  "Plug-in hybrid motor vehicle" has the meaning assigned by Section 2158.001, Government Code.
(6)  "Political subdivision" means a county, municipality, school district, junior college district, river authority, water district or other special district, or other political subdivision created under the constitution or a statute of this state.
(7)  "Program" means the governmental alternative fuel fleet grant program established under this chapter.
(8)  "State agency" has the meaning assigned by Section 2151.002, Government Code, and includes the commission.
Added by Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(r-1), eff. August 30, 2017.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 395 - Governmental Alternative Fuel Fleet Grant Program › Section 395.002. Program

Sec. 395.002.  PROGRAM.  (a)  The commission shall establish and administer a governmental alternative fuel fleet grant program to assist an eligible applicant described by Section 395.003 in purchasing or leasing new motor vehicles that operate primarily on an alternative fuel.
(b)  The program may provide a grant to an applicant described by Section 395.003 to:
(1)  purchase or lease a new motor vehicle described by Section 395.004; or
(2)  purchase, lease, or install refueling infrastructure or equipment or procure refueling services as described by Section 395.005 to store and dispense alternative fuel needed for a motor vehicle described by Subdivision (1) of this subsection.
Added by Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(r-1), eff. August 30, 2017.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 395 - Governmental Alternative Fuel Fleet Grant Program › Section 395.003. Eligible Applicants

Sec. 395.003.  ELIGIBLE APPLICANTS.  (a)  A state agency or political subdivision is eligible to apply for a grant under the program if the entity operates a fleet of more than 15 motor vehicles, excluding motor vehicles that are owned and operated by a private company or other third party under a contract with the entity.
(b)  A mass transit or school transportation provider or other public entity established to provide public or school transportation services is eligible for a grant under the program.
Added by Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(r-1), eff. August 30, 2017.