reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 384 - Area Emission Reduction Credit Organizations › Section 384.017. Withdrawal of Approval

Sec. 384.017.  WITHDRAWAL OF APPROVAL.  The commission shall have the authority to withdraw its approval of an organization created under this chapter and to dissolve such organization if it finds, after notice and hearing, that the organization has failed to comply with the provisions of this chapter.
Added by Acts 1993, 73rd Leg., ch. 128, Sec. 1, eff. May 11, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.207, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 384 - Area Emission Reduction Credit Organizations › Section 384.018. Dissolution

Sec. 384.018.  DISSOLUTION.  An organization created under this chapter shall be dissolved by the commission 12 years after its creation unless the commission approves a petition, submitted and approved in accordance with Section 384.015, for an additional 12-year term.  The commission may continue to approve successive 12-year terms for the organization as long as the need for the organization exists.
Added by Acts 1993, 73rd Leg., ch. 128, Sec. 1, eff. May 11, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.207, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 386 - Texas Emissions Reduction Plan › Subchapter A. General Provisions › Section 386.001. Definitions

Sec. 386.001.  DEFINITIONS.  In this chapter:
(1)  "Account" means the Texas emissions reduction plan account established under Section 386.251.
(2)  "Affected county" includes:
(A)  Bastrop County;
(B)  Bexar County;
(C)  Caldwell County;
(D)  Comal County;
(E)  Ellis County;
(F)  Gregg County;
(G)  Guadalupe County;
(H)  Harrison County;
(I)  Hays County;
(J)  Henderson County;
(K)  Hood County;
(L)  Hunt County;
(M)  Johnson County;
(N)  Kaufman County;
(O)  Nueces County;
(P)  Parker County;
(Q)  Rockwall County;
(R)  Rusk County;
(S)  San Patricio County;
(T)  Smith County;
(U)  Travis County;
(V)  Upshur County;
(W)   Williamson County;
(X)  Wilson County; and
(Y)  any other county designated as an affected county by commission rule because of deteriorating air quality.
(3)  "Commission" means the Texas Commission on Environmental Quality.
(4)  Repealed by Acts 2005, 79th Leg., Ch. 1125, Sec. 22, eff. September 1, 2005.
(5)  "Fund" means the Texas emissions reduction plan fund established under Section 386.250.
(6)  "Incremental cost" means the cost of an applicant's project less a baseline cost that would otherwise be incurred by an applicant in the normal course of business.  Incremental costs may include added lease or fuel costs as well as additional capital costs.
(7)  "Laboratory" means the Energy Systems Laboratory at the Texas Engineering Experiment Station of The Texas A&M University System.
(8)  "Nonattainment area" means an area so designated under Section 107(d) of the federal Clean Air Act (42 U.S.C. Section 7407), as amended.
(9)  "Plan" means the Texas emissions reduction plan.
(10)  "Site" means the total of all stationary sources located on one or more contiguous or adjacent properties, which are under common control of the same person or persons under common control.
(10-a)  "Stationary engine" means a machine used in a nonmobile application that converts fuel into mechanical motion, including turbines and other internal combustion devices.
(11)  "Utility commission" means the Public Utility Commission of Texas.
Added by Acts 2001, 77th Leg., ch. 967, Sec. 1(b), eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 1331, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1125 (H.B. 2481), Sec. 22, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 1125 (H.B. 1796), Sec. 14, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(b-2), eff. August 30, 2017.
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(r-2)(1), eff. August 30, 2017.
Acts 2019, 86th Leg., R.S., Ch. 127 (H.B. 1627), Sec. 1, eff. May 23, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1301 (H.B. 3745), Sec. 1.01, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 386 - Texas Emissions Reduction Plan › Subchapter A. General Provisions › Section 386.002. Expiration

Sec. 386.002.  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 2001, 77th Leg., ch. 967, Sec. 1(b), eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1125 (H.B. 2481), Sec. 3, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 262 (S.B. 12), Sec. 2.01, eff. June 8, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1125 (H.B. 1796), Sec. 15, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(c), eff. August 30, 2017.
2023 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 386.0515. Agricultural Product Transportation Projects

Sec. 386.0515.  AGRICULTURAL PRODUCT TRANSPORTATION PROJECTS.
(a)  In this section:
(1)  "Agricultural product transportation" means the transportation of a raw agricultural product from the place of production using a heavy-duty truck to:
(A)  a nonattainment area;
(B)  an affected county;
(C)  a destination inside the clean transportation zone; or
(D)  a county adjacent to a county described by Paragraph (B) or that contains an area described by Paragraph (A) or (C).
(2)  "Clean transportation zone" has the meaning assigned by Section 393.001.
(b)  Notwithstanding other eligibility requirements, the commission shall by rule or policy provide specific eligibility requirements under the Texas Clean Fleet Program established under Chapter 392 and under the Texas natural gas vehicle grant program established under Chapter 394, as added by Chapter 892 (Senate Bill No. 385), Acts of the 82nd Legislature, Regular Session, 2011, for projects relating to agricultural product transportation.
(c)  The determining factor for eligibility for participation in a program established under Chapter 392 or 394 for a project relating to agricultural product transportation is the overall accumulative net reduction in emissions of oxides of nitrogen in a nonattainment area, an affected county, or the clean transportation zone.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1230 (S.B. 1727), Sec. 2, eff. June 14, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(c-2), eff. August 30, 2017.
2023 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 386.052. Commission Duties

Sec. 386.052.  COMMISSION DUTIES.
(a)  In administering the plan established under this chapter and in accordance with the requirements of this chapter, the commission:
(1)  shall:
(A)  manage plan funds and oversee the plan;
(B)  produce guidelines, protocols, and criteria for eligible projects;
(C)  develop methodologies for evaluating project cost-effectiveness;
(D)  prepare reports regarding the progress and effectiveness of the plan; and
(E)  take all appropriate and necessary actions so that emissions reductions achieved through the plan are credited by the United States Environmental Protection Agency to the appropriate emissions reduction objectives in the state implementation plan; and
(2)  may hire staff and consultants needed to complete the commission's duties under this section and ensure timely review of applications and reimbursement of grant applicants' eligible project costs.
(b)  Appropriate commission objectives include:
(1)  achieving maximum reductions in oxides of nitrogen to demonstrate compliance with the state implementation plan;
(2)  preventing areas of the state from being in violation of national ambient air quality standards;
(3)  achieving cost-saving and multiple benefits by reducing emissions of other pollutants;
(4)  achieving reductions of emissions of diesel exhaust from school buses; and
(5)  advancing new technologies that reduce oxides of nitrogen and other emissions from facilities and other stationary sources.
Added by Acts 2001, 77th Leg., ch. 967, Sec. 1(b), eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 766 (H.B. 3469), Sec. 2, eff. June 17, 2005.
Acts 2007, 80th Leg., R.S., Ch. 262 (S.B. 12), Sec. 2.02, eff. June 8, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1125 (H.B. 1796), Sec. 6, eff. September 1, 2009.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 386.109. Eligible Infrastructure Projects

Sec. 386.109.  ELIGIBLE INFRASTRUCTURE PROJECTS.  (a)  The commission may consider for funding under Section 386.108:
(1)  the purchase and installation at a site of equipment that is designed primarily to dispense qualifying fuel, other than standard gasoline or diesel, or the purchase of on-site mobile fueling equipment;
(2)  infrastructure projects, including auxiliary power units, designed to dispense electricity to:
(A)  motor vehicles;
(B)  on-road and non-road diesels; and
(C)  marine vessels;
(3)  a project that involves a technology that allows a vehicle to replace with electric power, while the vehicle is parked, the power normally supplied by the vehicle's internal combustion engine; and
(4)  a project to reduce air pollution and engine idling by relieving congestion through rail relocation or improvement at a rail intersection that is located in a nonattainment or near nonattainment area.
(b)  The commission may provide funding to other state agencies to implement projects under Subsection (a)(3), including funding for the lease, purchase, or installation of idle reduction technologies and facilities at rest areas and other public facilities on major highway transportation routes located in areas eligible for funding or for marine vessels operating on water routes eligible for funding.  Funding under this subsection may include reasonable operational costs determined by the commission to be needed for the initial start-up and proper operation of the idle reduction technologies.  The state agency leasing, owning, or operating the idle reduction facility constructed with funds provided under this subsection may, but is not required to, charge reasonable fees for the provision of idle reduction services provided that those fees are used to directly offset the cost of providing the services.
(c)  In evaluating a request for funding of an eligible infrastructure project, the commission shall encourage the use of a technology that allows a vehicle to replace with electric power, while the vehicle is parked, the power normally supplied by the vehicle's internal combustion engine at the state's ports and border crossings in affected areas.
Added by Acts 2001, 77th Leg., ch. 967, Sec. 1(b), eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 262 (S.B. 12), Sec. 2.06, eff. June 8, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1165 (H.B. 160), Sec. 2, eff. June 15, 2007.
Reenacted by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 12.012, eff. September 1, 2009.
2023 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 386.110. Application Package for Infrastructure Projects

Sec. 386.110.  APPLICATION PACKAGE FOR INFRASTRUCTURE PROJECTS.  (a)  The commission shall develop a simple, standardized application package for infrastructure project 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.
(c)  The commission may not require an applicant, as part of the application process, to calculate tons of emissions reduced or cost-effectiveness.
Added by Acts 2001, 77th Leg., ch. 967, Sec. 1(b), eff. Sept. 1, 2001.
2023 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 386.111. Application Review Procedures

Sec. 386.111.  APPLICATION REVIEW PROCEDURES.  (a)  The commission shall review an application for a grant for a project authorized under this subchapter, including an application for a grant for an infrastructure project, immediately on receipt of the application.  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 or underachievement in dispensing qualifying fuel compared with the volume of emissions reductions or amount of fuel dispensed 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 subchapter.
(e)  An applicant may seek reimbursement for qualifying equipment installed after the effective date of this program.
Added by Acts 2001, 77th Leg., ch. 967, Sec. 1(b), eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1125 (H.B. 2481), Sec. 7, eff. September 1, 2005.
2023 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 386.112. On-Road Diesel Purchase or Lease Incentive

Sec. 386.112.  ON-ROAD DIESEL PURCHASE OR LEASE INCENTIVE.  (a)  The commission shall develop a purchase or lease incentive program for new on-road diesels and shall adopt rules necessary to implement the program and to reimburse a purchaser or lessee of a new on-road diesel that is eligible for reimbursement of incremental costs under this subchapter.
(b)  The program shall authorize statewide incentives for the reimbursement of incremental costs for the purchase or lease, according to the schedule provided by Section 386.113, of new on-road diesels that are certified by the United States Environmental Protection Agency or the California Air Resources Board to an emissions standard provided by Section 386.113 if the purchaser or lessee of the on-road diesel agrees to register the vehicle in this state and to operate the on-road diesel in this state for not less than 75 percent of the on-road diesel's annual mileage.
(c)  Only one incentive will be provided for each new on-road diesel.  The incentive shall be provided to the purchaser if the on-road diesel is not purchased for the purpose of leasing the on-road diesel to another person, or to the lessee and not to the purchaser if the on-road diesel is purchased for the purpose of leasing the on-road diesel to another person.  A lease incentive for a new on-road diesel shall be prorated based on an eight-year lease term.
Added by Acts 2001, 77th Leg., ch. 967, Sec. 1(b), eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 1331, Sec. 9, eff. June 20, 2003.
2023 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 386.113. On-Road Diesel Purchase or Lease Incentive Schedule

Sec. 386.113.  ON-ROAD DIESEL PURCHASE OR LEASE INCENTIVE SCHEDULE.  A new on-road diesel is eligible for reimbursement of incremental costs according to the following schedule:
Incentive emissions standard
Reimbursement amount
(oxides of nitrogen)
Date of manufacture
Date of manufacture
(2001)
(10/1/02-9/30/06)
2.5 g/bhp-hr NOx
1.2 g/bhp-hr NOx
up to $15,000
1.5 g/bhp-hr NOx
0.5 g/bhp-hr NOx
up to $25,000
0.0 g/bhp-hr NOx
0.0 g/bhp-hr NOx
up to $25,000
Added by Acts 2001, 77th Leg., ch. 967, Sec. 1(b), eff. Sept. 1, 2001.
2023 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 386.114. Modification of Incentive Emissions Standards

Sec. 386.114.  MODIFICATION OF INCENTIVE EMISSIONS STANDARDS.  After evaluating new technologies and after public notice and comment, the commission may change the incentive emissions standards established by Section 386.113 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.
2023 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 386.115. Modification of Vehicle Eligibility

Sec. 386.115.  MODIFICATION OF VEHICLE ELIGIBILITY.  After evaluating the availability of vehicles meeting the emissions standards and after public notice and comment, the commission may expand the program to include other on-road vehicles, regardless of fuel type used, that meet the emissions standards, have a gross vehicle weight rating of greater than 8,500 pounds, and are purchased or leased in lieu of a new on-road diesel.
Added by Acts 2003, 78th Leg., ch. 1331, Sec. 10, eff. June 20, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(e), eff. August 30, 2017.
2023 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 386.116. Small Business Incentives

Sec. 386.116.  SMALL BUSINESS INCENTIVES.  (a)  In this section, "small business" means a business owned by a person who:
(1)  owns and operates not more than five vehicles, one of which is:
(A)  an on-road diesel; or
(B)  a non-road diesel; and
(2)  has owned the vehicle described by Subdivision (1)(A) or (B) for more than two years.
(b)  The commission shall develop a method of providing fast and simple access to grants under this subchapter for a small business.  The method must:
(1)  create a separate small business grant program; or
(2)  require the commission to give special consideration to small businesses when implementing another program established under this subchapter.
(c)  The commission shall publicize and promote the availability of grants under this subchapter for small businesses to encourage the use of vehicles that produce fewer emissions.
(d)  The commission shall include in the biennial plan report required by Section 386.057(b) a report of commission actions and results under this section.
Added by Acts 2003, 78th Leg., ch. 1331, Sec. 10, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1125 (H.B. 2481), Sec. 8, eff. September 1, 2005.
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(e-1), eff. August 30, 2017.
2023 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 386.117. Rebate Grants

Sec. 386.117.  REBATE GRANTS.  (a)  The commission shall adopt a process for awarding grants under this subchapter in the form of rebates to streamline the grant application, contracting, reimbursement, and reporting processes for certain projects.  The process adopted under this section must:
(1)  designate certain types of projects, such as repowers, replacements, and retrofits, as eligible for rebates;
(2)  project standardized oxides of nitrogen emissions reductions for each designated project type;
(3)  assign a standardized rebate amount for each designated project type;
(4)  allow for processing rebates on an ongoing first-come, first-served basis; and
(5)  consolidate, simplify, and reduce the administrative work for applicants and the commission associated with grant application, contracting, reimbursement, and reporting processes for designated project types.
(b)  The commission may limit or expand the designated project types as necessary to further the goals of the program.
(c)  The commission may award rebate grants as a pilot project for a specific region or may award the grants statewide.
(d)  The commission may administer the rebate grants or may designate another entity to administer the grants.
(e)  The commission shall:
(1)  investigate the requirements for establishing an Internet-based application process for rebate grants and report those requirements to the legislature not later than December 31, 2007; or
(2)  implement an Internet-based application process for rebate grants not later than June 1, 2008.
(f)  The commission or its designee shall notify potential applicants of any changes to the rebate grant process by its e-mail list service and posting those changes on its Internet website at least 30 days before the changes become effective.
Added by Acts 2005, 79th Leg., Ch. 1125 (H.B. 2481), Sec. 9, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 262 (S.B. 12), Sec. 2.07, eff. June 8, 2007.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 386 - Texas Emissions Reduction Plan › Subchapter D. Motor Vehicle Purchase or Lease Incentive Program › Section 386.151. Definitions

Sec. 386.151.  DEFINITIONS.  In this subchapter:
(1)  "Light-duty motor vehicle" means a motor vehicle with a gross vehicle weight rating of less than 10,000 pounds.
(2)  "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.
Added by Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(e-2), eff. August 30, 2017.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 386 - Texas Emissions Reduction Plan › Subchapter D. Motor Vehicle Purchase or Lease Incentive Program › Section 386.152. Applicability

Sec. 386.152.  APPLICABILITY.  The provisions of this subchapter relating to a lessee do not apply to a person who rents or leases a light-duty motor vehicle for a term of 30 days or less.
Added by Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(e-2), eff. August 30, 2017.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 386 - Texas Emissions Reduction Plan › Subchapter D. Motor Vehicle Purchase or Lease Incentive Program › Section 386.153. Commission Duties Regarding Light-Duty Motor Vehicle Purchase or Lease Incentive Program

Sec. 386.153.  COMMISSION DUTIES REGARDING LIGHT-DUTY MOTOR VEHICLE PURCHASE OR LEASE INCENTIVE PROGRAM.  (a)  The commission shall develop a purchase or lease incentive program for new light-duty motor vehicles and shall adopt rules necessary to implement the program.
(b)  The program shall authorize statewide incentives for the purchase or lease of new light-duty motor vehicles powered by compressed natural gas, liquefied petroleum gas, or hydrogen fuel cell or other electric drives for a purchaser or lessee who agrees to register and operate the vehicle in this state for a minimum period of time to be established by the commission.
(c)  Only one incentive will be provided for each new light-duty motor vehicle.  The incentive shall be provided to the lessee and not to the purchaser if the motor vehicle is purchased for the purpose of leasing the vehicle to another person.
(d)  The commission by rule may revise the standards for the maximum unloaded vehicle weight rating and gross vehicle weight rating of an eligible vehicle to ensure that all of the vehicle weight configurations available under one general vehicle model may be eligible for an incentive.
Added by Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(e-2), eff. August 30, 2017.