reglab/statecodes huggingface dataset:
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 386.155. Manufacturer's Report

Sec. 386.155.  MANUFACTURER'S REPORT.  (a)  At the beginning of but not later than July 1 of each year preceding the vehicle model year, a manufacturer of motor vehicles, an intermediate or final state vehicle manufacturer, or a manufacturer of compressed natural gas or liquefied petroleum gas systems shall provide to the commission a list of the new vehicle or natural gas or liquefied petroleum gas systems models that the manufacturer intends to sell in this state during that model year that meet the incentive requirements established under Section 386.154.  The manufacturer or installer may supplement the list provided to the commission under this section as necessary to include additional new vehicle models the manufacturer intends to sell in this state during the model year.
(b)  The commission may supplement the information provided under Subsection (a) with additional information on available vehicle models, including information provided by manufacturers or installers of systems to convert new motor vehicles to operate on natural gas or liquefied petroleum gas before sale as a new vehicle or within 500 miles of operation of the vehicle following first sale.
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 386.156. List of Eligible Motor Vehicles

Sec. 386.156.  LIST OF ELIGIBLE MOTOR VEHICLES.  (a)  On August 1 of each year the commission shall publish a list of new motor vehicle models eligible for inclusion in an incentive under this subchapter.  The commission shall publish supplements to that list as necessary to include additional new vehicle models.
(b)  The commission shall publish the list of eligible motor vehicle models on the commission's Internet website.
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 386.157. Light-Duty Motor Vehicle Purchase or Lease Incentive

Sec. 386.157.  LIGHT-DUTY MOTOR VEHICLE PURCHASE OR LEASE INCENTIVE.  (a)  A person who purchases or leases a new light-duty motor vehicle described by Section 386.154 and listed under Section 386.156(a) is eligible to apply for an incentive under this subchapter.
(b)  A lease incentive for a new light-duty motor vehicle shall be prorated based on a three-year lease term.
(c)  To receive money under an incentive program provided by this subchapter, the purchaser or lessee of a new light-duty motor vehicle who is eligible to apply for an incentive under this subchapter shall apply for the incentive in the manner provided by law or by rule of the commission.
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 386.158. Commission to Account for Motor Vehicle Purchase or Lease Incentives

Sec. 386.158.  COMMISSION TO ACCOUNT FOR MOTOR VEHICLE PURCHASE OR LEASE INCENTIVES.  (a)  The commission by rule shall develop a method to administer and account for the motor vehicle purchase or lease incentives authorized by this subchapter and to pay incentive money to the purchaser or lessee of a new motor vehicle, on application of the purchaser or lessee as provided by this subchapter.
(b)  The commission shall develop and publish forms and instructions for the purchaser or lessee of a new motor vehicle to use in applying to the commission for an incentive payment under this subchapter.  The commission shall make the forms available to new motor vehicle dealers and leasing agents.  Dealers and leasing agents shall make the forms available to their prospective purchasers or lessees.
(c)  The commission may require the submission of forms and documentation as needed to verify eligibility for an incentive under this subchapter.
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 386.159. Purchase or Lease Incentives Information

Sec. 386.159.  PURCHASE OR LEASE INCENTIVES INFORMATION.  (a)  The commission shall establish a toll-free telephone number available to motor vehicle dealers and leasing agents for the dealers and agents to call to verify that incentives are available.  The commission may provide for issuing verification numbers over the telephone line.
(b)  Reliance by a dealer or leasing agent on information provided by the commission is a complete defense to an action involving or based on eligibility of a vehicle for an incentive or availability of vehicles 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.
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 386.160. Reservation of Incentives

Sec. 386.160.  RESERVATION OF INCENTIVES.  The commission may provide for dealers and leasing agents to reserve for a limited time period incentives for vehicles that are not readily available and must be ordered, if the dealer or leasing agent has a purchase or lease order signed by an identified customer.
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. -1. Seaport and Rail Yard Areas Emissions Reduction Program › Section 386.181. Definitions; Rules

Sec. 386.181.  DEFINITIONS; RULES.  (a)  In this subchapter:
(1)  "Cargo handling equipment" means any heavy-duty non-road, self-propelled vehicle or land-based equipment used at a seaport or rail yard to lift or move cargo, such as containerized, bulk, or break-bulk goods.
(2)  "Drayage truck" means a heavy-duty on-road or non-road vehicle that is used for drayage activities and that operates in or transgresses through a seaport or rail yard for the purpose of loading, unloading, or transporting cargo, including transporting empty containers and chassis.
(3)  "Repower" means to replace an old engine powering a vehicle with a new engine, a used engine, a remanufactured engine, or electric motors, drives, or fuel cells.
(b)  The commission may include more specific definitions in the rules or guidelines developed to implement the program established by this subchapter in order to reduce emissions in and around seaports in a nonattainment area.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1230 (S.B. 1727), Sec. 13, eff. June 14, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(f-1), eff. August 30, 2017.
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(f-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. -1. Seaport and Rail Yard Areas Emissions Reduction Program › Section 386.182. Commission Duties

Sec. 386.182.  COMMISSION DUTIES.  (a)  The commission shall:
(1)  develop a purchase incentive program to encourage owners to:
(A)  replace older drayage trucks and cargo handling equipment with newer drayage trucks and cargo handling equipment; or
(B)  repower drayage trucks and cargo handling equipment; and
(2)  adopt guidelines necessary to implement the program described by Subdivision (1).
(b)  The commission by rule and guideline shall establish criteria for the engines and the models of drayage trucks and cargo handling equipment that are eligible for inclusion in an incentive program under this subchapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1230 (S.B. 1727), Sec. 13, eff. June 14, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(g), 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 E. Evaluation of Utility Commission Energy Efficiency Programs › Section 386.205. Evaluation of Utility Commission Energy Efficiency Programs

Sec. 386.205.  EVALUATION OF UTILITY COMMISSION ENERGY EFFICIENCY PROGRAMS.  In cooperation with the laboratory, the utility commission shall provide an annual report to the commission that, by county, quantifies the reductions of energy demand, peak loads, and associated emissions of air contaminants achieved from programs implemented under Section 39.905, Utilities Code.
Added by Acts 2001, 77th Leg., ch. 967, Sec. 1(b), eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1230 (S.B. 1727), Sec. 15, eff. June 14, 2013.
Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 1.28, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 386 - Texas Emissions Reduction Plan › Subchapter F. Texas Emissions Reduction Plan Fund and Account › Section 386.250. Texas Emissions Reduction Plan Fund

Sec. 386.250.  TEXAS EMISSIONS REDUCTION PLAN FUND.  (a)  The Texas emissions reduction plan fund is established as a trust fund outside the state treasury to be held by the comptroller and administered by the commission as trustee.  Money in the fund may be spent without legislative appropriation and may be used only as provided by this chapter.  Interest and other earnings on the balance of the fund shall be credited to the fund.
(b)  The fund consists of:
(1)  the amount of money deposited to the credit of the fund under:
(A)  Section 386.056;
(B)  Sections 151.0515 and 152.0215, Tax Code; and
(C)  Sections 501.138, 502.358, and 548.5055, Transportation Code; and
(2)  grant money recaptured under Section 386.111(d) and Chapter 391.
(c)  Not later than the 30th day after the last day of each state fiscal biennium, the commission shall transfer the unencumbered balance of the fund remaining on the last day of the state fiscal biennium to the credit of the state highway fund for use by the Texas Department of Transportation for projects described by Section 386.051(b)(19).
Added by Acts 2019, 86th Leg., R.S., Ch. 1301 (H.B. 3745), Sec. 1.04, eff. September 1, 2021.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 1043 (H.B. 4472), Sec. 4, 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 F. Texas Emissions Reduction Plan Fund and Account › Section 386.251. Texas Emissions Reduction Plan Account

Sec. 386.251.  TEXAS EMISSIONS REDUCTION PLAN ACCOUNT.  (a)  The Texas emissions reduction plan account is an account in the state treasury.
(b)  The account is administered by the commission for the benefit of the plan established under this chapter.  The account is exempt from the application of Section 403.095, Government Code.  Interest earned on the account shall be credited to the account.
(c)  The account consists of its accumulated balance.
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. 10, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 262 (S.B. 12), Sec. 2.08, eff. June 8, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1125 (H.B. 1796), Sec. 8, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1296 (H.B. 2357), Sec. 244, eff. January 1, 2012.
Acts 2019, 86th Leg., R.S., Ch. 1301 (H.B. 3745), Sec. 1.05, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 1043 (H.B. 4472), Sec. 5, 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 G. Texas Hydrogen Infrastructure, Vehicle, and Equipment Grant Program › Section 386.301. Definitions

Sec. 386.301.  DEFINITIONS.  In this subchapter:
(1)  "Hydrogen vehicle or equipment" means a heavy-duty motor vehicle or piece of heavy-duty equipment that uses hydrogen to operate the vehicle or equipment, including through the use of hydrogen fuel cells or an internal combustion engine that runs on hydrogen.
(2)  "Program" means the Texas hydrogen infrastructure, vehicle, and equipment grant program established under this subchapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 889 (H.B. 4885), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 386 - Texas Emissions Reduction Plan › Subchapter G. Texas Hydrogen Infrastructure, Vehicle, and Equipment Grant Program › Section 386.303. Application Package

Sec. 386.303.  APPLICATION PACKAGE.  (a)  The commission shall develop a simple, standardized application package for grants under this subchapter.  The package must include:
(1)  an application form;
(2)  a brief description of:
(A)  the program;
(B)  the projects that are eligible for available funding;
(C)  the selection criteria and evaluation process;  and
(D)  the required documentation;
(3)  the name of a person or office to contact for more information;
(4)  an example of the contract that an applicant will be required to execute before receiving a grant; and
(5)  any other information the commission considers useful to inform the applicant and expedite the application process.
(b)  The application form shall require as much information as the commission determines is necessary to properly evaluate each project but shall otherwise minimize the information required.
Added by Acts 2023, 88th Leg., R.S., Ch. 889 (H.B. 4885), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 386 - Texas Emissions Reduction Plan › Subchapter G. Texas Hydrogen Infrastructure, Vehicle, and Equipment Grant Program › Section 386.304. Application Review Procedures

Sec. 386.304.  APPLICATION REVIEW PROCEDURES.  (a)  The commission shall review an application for a grant for a project authorized under this subchapter.  If the commission determines that an application is incomplete, the commission shall notify the applicant with an explanation of what is missing from the application.  The commission shall evaluate the completed application according to the appropriate project criteria.  Subject to available funding, the commission shall make a final determination on an application as soon as possible.
(b)  The commission shall make every effort to expedite the application review process and to award grants to qualified projects in a timely manner.  To the extent possible, the commission shall coordinate project review and approval with any timing constraints related to project purchases or installations to be made by an applicant.
(c)  The commission may deny an application for a project that does not meet the applicable project criteria or that the commission determines is not made in good faith, is not credible, or is not in compliance with this chapter and the goals of this chapter.
(d)  Subject to availability of funds, the commission shall award a grant under this subchapter in conjunction with the execution of a contract that obligates the commission to make the grant and the recipient to perform the actions described in the recipient's grant application.  The contract must incorporate provisions for recapturing grant money in proportion to any loss of emissions reductions compared with the volume of emissions reductions that was projected in awarding the grant.  Grant money recaptured under the contract provision shall be deposited in the fund and reallocated for other projects under this chapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 889 (H.B. 4885), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 387 - Air Quality Research Support Program › Section 387.001. Definitions

Sec. 387.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Texas Commission on Environmental Quality.
(2)  "Program" means the air quality research support program established under this chapter.
Added by Acts 2001, 77th Leg., ch. 967, Sec. 1(b), eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 11, Sec. 4, eff. Oct. 20, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 28 (S.B. 527), Sec. 5, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 387 - Air Quality Research Support Program › Section 387.002. Air Quality Research Support Program

Sec. 387.002.  AIR QUALITY RESEARCH SUPPORT PROGRAM.  (a)  The commission shall contract with a nonprofit organization or institution of higher education to establish and administer a program to support research related to air quality.
(b)  The board of directors of a nonprofit organization establishing and administering the research program related to air quality under this chapter may not have more than 11 members, must include two persons with relevant scientific expertise to be nominated by the commission, and may not include more than four county judges selected from counties in the Houston-Galveston-Brazoria and Dallas-Fort Worth nonattainment areas.  The two persons with relevant scientific expertise to be nominated by the commission may be employees or officers of the commission, provided that they do not participate in funding decisions affecting the granting of funds by the commission to a nonprofit organization on whose board they serve.
(c)  The commission shall provide oversight as appropriate for grants provided under the program established under this chapter.
(d)  A nonprofit organization or institution of higher education shall submit to the commission for approval a budget for the disposition of funds granted under the program established under this chapter.
(e)  A nonprofit organization or institution of higher education shall be reimbursed for costs incurred in establishing and administering the research program related to air quality under this chapter.  Reimbursable administrative costs of a nonprofit organization or institution of higher education may not exceed 10 percent of the program budget.
(f)  A nonprofit organization that receives grants from the commission under this chapter is subject to Chapters 551 and 552, Government Code.
Redesignated and amended from Health and Safety Code, Section 387.010 by Acts 2011, 82nd Leg., R.S., Ch. 28 (S.B. 527), Sec. 6, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 387 - Air Quality Research Support Program › Section 387.008. Environmental Research Fund

Sec. 387.008.  ENVIRONMENTAL RESEARCH FUND.  (a)  The environmental research fund is an account in the general revenue fund.  The fund consists of money from gifts, grants, or donations to the fund for designated or general use and from any other source designated by the legislature.
(b)  Money in the environmental research fund may be used only by the commission for operations and projects under this chapter.
(c)  Sections 403.095 and 404.071, Government Code, do not apply to the fund.  Interest earned on the fund shall be credited to the fund.
Added by Acts 2001, 77th Leg., ch. 967, Sec. 1(b), eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 29, Sec. 4, eff. May 14, 2003;  Acts 2003, 78th Leg., 3rd C.S., ch. 11, Sec. 11, eff. Oct. 20, 2003.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 387 - Air Quality Research Support Program › Section 387.009. Advisory Committees

Sec. 387.009.  ADVISORY COMMITTEES.  The commission may appoint advisory committees as necessary or desirable to assist the commission in performing its duties under this chapter.  An advisory committee may include representatives of industry, environmental groups, consumer groups, local governments, agriculture, the commission, the General Land Office, and the Railroad Commission of Texas.  Any senator or representative desiring to do so may participate on any advisory committee appointed under this section.  Members of an advisory committee are not entitled to compensation.
Added by Acts 2001, 77th Leg., ch. 967, Sec. 1(b), eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 11, Sec. 12, eff. Oct. 20, 2003.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 388 - Texas Building Energy Performance Standards › Section 388.001. Legislative Findings

Sec. 388.001.  LEGISLATIVE FINDINGS.  (a)  The legislature finds that an effective building energy code is essential to:
(1)  reducing the air pollutant emissions that are affecting the health of residents of this state;
(2)  moderating future peak electric power demand;
(3)  assuring the reliability of the electrical grid;  and
(4)  controlling energy costs for residents and businesses in this state.
(b)  The legislature further finds that this state has a number of unique climate types, all of which require more energy for cooling than for heating, and that there are many cost-effective measures that can reduce peak energy use and reduce cooling and other energy costs in buildings.
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 388 - Texas Building Energy Performance Standards › Section 388.002. Definitions

Sec. 388.002.  DEFINITIONS.  In this chapter:
(1)  "Affected county" has the meaning assigned by Section 386.001.
(2)  "Building" has the meaning assigned by the International Building Code.
(3)  "Code official" means an individual employed by a local jurisdiction to review construction plans and other documents, inspect construction, or administer and enforce building standards under this chapter.
(4)  "Code-certified inspector" means an inspector who is certified by the International Code Council, the Building Officials and Code Administrators International, Inc., the International Conference of Building Officials, or the Southern Building Code Congress International to have met minimum standards for interpretation and enforcement of requirements of the International Energy Conservation Code and the energy efficiency chapter of the International Residential Code.
(5)  "Commission" means the Texas Natural Resource Conservation Commission.
(6)  "International Residential Code" means the International Residential Code for One- and Two-Family Dwellings as adopted by the International Code Council.
(7)  "International Energy Conservation Code" means the International Energy Conservation Code as adopted by the International Code Council.
(8)  "Laboratory" means the Energy Systems Laboratory at the Texas Engineering Experiment Station of The Texas A&M University System.
(9)  "Local jurisdiction" means the authority responsible for implementation and enforcement of local building codes.
(10)  "Municipality" has the meaning assigned by Section 1.005, Local Government Code.
(11)  "Nonattainment area" has the meaning assigned by Section 386.001.
(12)  "Single-family residential" means having the character of a detached one- or two-family dwelling or a multiple single-family dwelling not more than three stories high with separate means of egress, including the accessory structures of the dwelling.
Added by Acts 2001, 77th Leg., ch. 967, Sec. 1(b), eff. Sept. 1, 2001.
For expiration of Subsections (j) and (k), see Subsection (k).
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 388 - Texas Building Energy Performance Standards › Section 388.004. Enforcement of Energy Standards Outside of Municipality

Sec. 388.004.  ENFORCEMENT OF ENERGY STANDARDS OUTSIDE OF MUNICIPALITY.  (a)  For construction outside of the local jurisdiction of a municipality:
(1)  a building certified by a national, state, or local accredited energy efficiency program shall be considered in compliance;
(2)  a building with inspections from private code-certified inspectors using the energy efficiency chapter of the International Residential Code or International Energy Conservation Code shall be considered in compliance;  and
(3)  a builder who does not have access to either of the above methods for a building shall certify compliance using a form provided by the laboratory, enumerating the code-compliance features of the building.
(b)  A builder shall retain until the third anniversary of the date on which compliance is achieved the original copy of any documentation that establishes compliance under this section.  The builder on receipt of any compliance documentation shall provide a copy to the owner of the building.
(c)  A single-family residence built in the unincorporated area of a county the construction of which was completed on or after September 1, 2001, but not later than August 31, 2002, shall be considered in compliance.
Added by Acts 2001, 77th Leg., ch. 967, Sec. 1(b), eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 1331, Sec. 16, eff. June 20, 2003.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 388 - Texas Building Energy Performance Standards › Section 388.006. State Energy Conservation Office Evaluation

Sec. 388.006.  STATE ENERGY CONSERVATION OFFICE EVALUATION.  The State Energy Conservation Office annually shall provide the laboratory with an evaluation of the effectiveness of state and political subdivision energy efficiency programs, including programs under this chapter.  The laboratory shall calculate, based on the evaluation and the forms submitted to the office, the amount of energy savings and estimated reduction in pollution achieved as a result of the implementation of programs.  The laboratory shall share the information with the commission, the United States Environmental Protection Agency, and the Electric Reliability Council of Texas to help with long-term forecasting and in estimating pollution reduction.
Added by Acts 2001, 77th Leg., ch. 967, Sec. 1(b), eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 637 (S.B. 898), Sec. 2, eff. September 1, 2011.
Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 1.30, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 388 - Texas Building Energy Performance Standards › Section 388.007. Distribution of Information and Technical Assistance

Sec. 388.007.  DISTRIBUTION OF INFORMATION AND TECHNICAL ASSISTANCE.  (a)  The laboratory shall make available to builders, designers, engineers, and architects code implementation materials that explain the requirements of the International Energy Conservation Code and the energy efficiency chapter of the International Residential Code and that describe methods of compliance acceptable to code officials.
(b)  The materials may include software tools, simplified prescriptive options, and other materials as appropriate.  The simplified materials may be designed for projects in which a design professional is not involved.
(c)  The laboratory may provide local jurisdictions with technical assistance concerning implementation and enforcement of the International Energy Conservation Code and the energy efficiency chapter of the International Residential Code, including local amendments to those codes.
(d)  The laboratory may conduct outreach to the real estate industry, including real estate agents, home builders, remodelers, appraisers, and financial institutions, on the value of energy code compliance and verified, above-code, high-performance construction.
Added by Acts 2001, 77th Leg., ch. 967, Sec. 1(b), eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 937 (H.B. 51), Sec. 4, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 388 - Texas Building Energy Performance Standards › Section 388.008. Development of Home Energy Ratings

Sec. 388.008.  DEVELOPMENT OF HOME ENERGY RATINGS.  (a)  The laboratory shall develop a standardized report format to be used by providers of home energy ratings.  The laboratory may develop different report formats for rating newly constructed residences from those for existing residences.  The form must be designed to give potential buyers information on a structure's energy performance, including:
(1)  insulation;
(2)  types of windows;
(3)  heating and cooling equipment;
(4)  water heating equipment;
(5)  additional energy conserving features, if any;
(6)  results of performance measurements of building tightness and forced air distribution; and
(7)  an overall rating of probable energy efficiency relative to the minimum requirements of the International Energy Conservation Code or the energy efficiency chapter of the International Residential Code, as appropriate.
(b)  The laboratory shall establish a public information program to inform homeowners, sellers, buyers, and others regarding home energy ratings.
(c)  The laboratory may cooperate with an industry organization or trade association to:
(1)  develop guidelines for home energy ratings;
(2)  provide training for individuals performing home energy ratings and providers of home energy ratings; and
(3)  provide a registry of completed ratings for newly constructed residences and residential improvement projects for the purpose of computing the energy savings and emissions reductions benefits of the home energy ratings program.
(d)  The laboratory shall include information on the benefits attained from this program in an annual report to the commission.
Added by Acts 2001, 77th Leg., ch. 967, Sec. 1(b), eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 939 (H.B. 3693), Sec. 13, eff. September 1, 2007.
Sec. 388.010.  OUTREACH TO NEAR-NONATTAINMENT AREAS.  The commission shall conduct outreach to near-nonattainment areas and affected counties on the benefits of implementing energy efficiency initiatives, including the promotion of energy-efficient building programs and urban heat island mitigation techniques, as a way to meet air quality attainment goals under the federal Clean Air Act (42 U.S.C. Section 7401 et seq.), as amended.
Added by Acts 2003, 78th Leg., ch. 1331, Sec. 17, eff. June 20, 2003.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 388 - Texas Building Energy Performance Standards › Section 388.011. Certification of Municipal Building Inspectors

Sec. 388.011.  CERTIFICATION OF MUNICIPAL BUILDING INSPECTORS.  The laboratory shall develop and administer statewide a training program for municipal building inspectors seeking to become code-certified inspectors.  The laboratory shall also work with national code organizations to assist participants in the certification program.  The laboratory may collect reasonable fees from participants in the program to pay the costs of administering the program.
Acts 2003, 78th Leg., ch. 1148, Sec. 1.
Renumbered from Health and Safety Code, Section 388.009 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(50), eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 388 - Texas Building Energy Performance Standards › Section 388.012. Development of Alternative Energy-Saving Methods

Sec. 388.012.  DEVELOPMENT OF ALTERNATIVE ENERGY-SAVING METHODS.  The laboratory shall develop at least three alternative methods for achieving a 15 percent greater potential energy savings in residential, commercial, and industrial construction than the potential energy savings of construction that is in minimum compliance with Section 388.003.  The alternative methods:
(1)  may include both prescriptive and performance-based approaches, such as the approach of the United States Environmental Protection Agency's Energy Star qualified new home labeling program; and
(2)  must include an estimate of:
(A)  the implementation costs and energy savings to consumers; and
(B)  the related emissions reductions.
Added by Acts 2005, 79th Leg., Ch. 1095 (H.B. 2129), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 389 - Emissions Reduction Recognition Efforts › Section 389.001. Definition

Sec. 389.001.  DEFINITION.  In this chapter, "commission" means the Texas Natural Resource Conservation Commission.
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 389 - Emissions Reduction Recognition Efforts › Section 389.002. Use of Certain Information for Federal Recognition of Emissions Reductions

Sec. 389.002.  USE OF CERTAIN INFORMATION FOR FEDERAL RECOGNITION OF EMISSIONS REDUCTIONS.  The commission, using information derived from the reports to the commission under Sections 386.205, 388.003(e), and 388.006, shall take all appropriate and necessary actions so that emissions reductions achieved by means of activities under Chapters 386 and 388 are credited by the United States Environmental Protection Agency to the appropriate emissions reduction objectives in the state implementation 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 389 - Emissions Reduction Recognition Efforts › Section 389.003. Computing Energy Efficiency Emissions Reductions and Associated Credits

Sec. 389.003.  COMPUTING ENERGY EFFICIENCY EMISSIONS REDUCTIONS AND ASSOCIATED CREDITS.  (a)  The commission shall develop a method to use in computing emissions reductions obtained through energy efficiency initiatives, including renewable energy initiatives, and the credits associated with those reductions.
(b)  The laboratory shall assist the commission and affected political subdivisions in quantifying, as part of the state implementation plan, credits for emissions reductions attributable to energy efficiency programs, including renewable energy programs.
Added by Acts 2003, 78th Leg., ch. 1331, Sec. 18, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1125 (H.B. 2481), Sec. 16, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 390 - Clean School Bus Program › Section 390.001. Definitions

Sec. 390.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Texas Commission on Environmental Quality.
(1-a)  "Diesel exhaust" means one or more of the air pollutants emitted from an engine by the combustion of diesel fuel, including particulate matter, nitrogen oxides, volatile organic compounds, air toxics, and carbon monoxide.
(2)  "Incremental cost" has the meaning assigned by Section 386.001.
(3)  "Program" means the clean school bus program established under this chapter.
(4)  "Qualifying fuel" includes any liquid or gaseous fuel or additive registered or verified by the United States Environmental Protection Agency, other than standard gasoline or diesel, that is ultimately dispensed into a school bus that provides reductions of emissions of particulate matter.
(5)  "Retrofit" has the meaning assigned by Section 386.101.
Added by Acts 2005, 79th Leg., Ch. 766 (H.B. 3469), Sec. 4, eff. June 17, 2005.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(h-1), eff. August 30, 2017.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 390 - Clean School Bus Program › Section 390.002. Program

Sec. 390.002.  PROGRAM.  (a)  The commission shall establish and administer a clean school bus program designed to reduce the exposure of school children to diesel exhaust in and around diesel-fueled school buses.  Under the program, the commission shall provide grants for eligible projects to offset the incremental cost of projects that reduce emissions of diesel exhaust.
(b)  Projects that may be considered for a grant under the program include:
(1)  diesel oxidation catalysts for school buses built before 1994;
(2)  diesel particulate filters for school buses built from 1994 to 1998;
(3)  the purchase and use of emission-reducing add-on equipment for school buses, including devices that reduce crankcase emissions;
(4)  the use of qualifying fuel;
(5)  other technologies that the commission finds will bring about significant emissions reductions; and
(6)  replacement of a pre-2007 model year school bus.
Added by Acts 2005, 79th Leg., Ch. 766 (H.B. 3469), Sec. 4, eff. June 17, 2005.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(h-2), eff. August 30, 2017.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 390 - Clean School Bus Program › Section 390.003. Application for Grant

Sec. 390.003.  APPLICATION FOR GRANT.  (a)  A school district in this state that operates one or more diesel-fueled school buses or a transportation system provided by a countywide school district 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 also 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.
Added by Acts 2005, 79th Leg., Ch. 766 (H.B. 3469), Sec. 4, eff. June 17, 2005.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 390 - Clean School Bus Program › Section 390.004. Eligibility of Projects for Grants

Sec. 390.004.  ELIGIBILITY OF PROJECTS FOR GRANTS.  (a)  The commission by rule shall establish criteria for setting priorities for projects eligible to receive grants under this chapter.  The commission shall review and may modify the criteria and priorities as appropriate.
(b)  A school bus proposed for retrofit must be used on a regular, daily route to and from a school and have at least five years of useful life remaining unless the applicant agrees to remove the retrofit device at the end of the life of the bus and reinstall the device on another bus.
(c)  A school bus proposed for replacement must:
(1)  be of model year 2006 or earlier;
(2)  have been owned and operated by the applicant for at least the two years before submission of the grant application;
(3)  be in good operational condition; and
(4)  be currently used on a regular, daily route to and from a school.
(d)  A school bus proposed for purchase to replace a pre-2007 model year school bus must be of the current model year or the year before the current model year at the time of submission of the grant application.
Added by Acts 2005, 79th Leg., Ch. 766 (H.B. 3469), Sec. 4, eff. June 17, 2005.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(i), eff. August 30, 2017.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 390 - Clean School Bus Program › Section 390.005. Restriction on Use of Grant

Sec. 390.005.  RESTRICTION ON USE OF GRANT.  (a)  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 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.
(b)  A school bus acquired to replace an existing school bus must be purchased and the grant recipient must agree to own and operate the school bus on a regular, daily route to and from a school for at least five years after a start date established by the commission, based on the date the commission accepts documentation of the permanent destruction or permanent removal of the school bus being replaced.
(c)  A school bus replaced under this program must be rendered permanently inoperable by crushing the bus, by making a hole in the engine block and permanently destroying the frame of the bus, or by another method approved by the commission, or be permanently removed from operation in this state.  The commission shall establish criteria for ensuring the permanent destruction or permanent removal of the engine or bus.  The commission shall enforce the destruction and removal requirements.
(d)  In this section, "permanent removal" means the permanent export of a school bus or the engine of a school bus to a destination outside of the United States, Canada, or the United Mexican States.
Added by Acts 2005, 79th Leg., Ch. 766 (H.B. 3469), Sec. 4, eff. June 17, 2005.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(i-1), eff. August 30, 2017.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 390 - Clean School Bus Program › Section 390.006. Expiration

Sec. 390.006.  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 2005, 79th Leg., Ch. 766 (H.B. 3469), Sec. 4, eff. June 17, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1125 (H.B. 1796), Sec. 17, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(i-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 A. General Provisions › Section 391.001. Definitions

Sec. 391.001.  DEFINITIONS.  In this chapter:
(1)  "Best available control technology" has the meaning assigned by Section 169 of the federal Clean Air Act (42 U.S.C. Section 7479(3)).
(2)  "Commission" means the Texas Commission on Environmental Quality.
(3)  "Facility" has the meaning assigned by Section 382.003.
(4)  "Incremental cost" has the meaning assigned by Section 386.001.
(5)  "New technology" means emissions control technology that results in emissions reductions that exceed state or federal requirements in effect at the time of submission of a new technology implementation grant application.
(6)  "Stationary source" has the meaning assigned by Section 302 of the federal Clean Air Act (42 U.S.C. Section 7602(z)).
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 A. General Provisions › Section 391.002. Grant Program

Sec. 391.002.  GRANT PROGRAM.  (a)  The commission shall establish and administer a new technology implementation grant program to assist the implementation of new technologies to reduce emissions from facilities and other stationary sources in this state.  The commission may establish a minimum capital expenditure threshold for projects under Subsection (b)(2).  Under the program, the commission shall provide grants or other financial incentives for eligible projects to offset the incremental cost of emissions reductions.
(b)  Projects that may be considered for a grant under the program include:
(1)  advanced clean energy projects, as defined by Section 382.003(1-a)(A);
(2)  new technology projects that reduce emissions of regulated pollutants from stationary sources;
(3)  new technology projects that reduce emissions from upstream, midstream, or downstream oil and gas production, completions, gathering, storage, processing, transmission, or refining activities through:
(A)  the replacement, repower, or retrofit of stationary compressor engines;
(B)  the installation of systems to reduce or eliminate the loss of gas, flaring of gas, or burning of gas using other combustion control devices; or
(C)  the installation of systems that reduce flaring emissions and other site emissions; and
(4)  electricity storage projects related to renewable energy, including projects to store electricity produced from wind and solar generation that provide efficient means of making the stored energy available during periods of peak energy use.
Added by Acts 2009, 81st Leg., R.S., Ch. 1125 (H.B. 1796), Sec. 9, eff. September 1, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1230 (S.B. 1727), Sec. 20, eff. June 14, 2013.
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(j), eff. August 30, 2017.
Acts 2021, 87th Leg., R.S., Ch. 695 (H.B. 2361), Sec. 1, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 1043 (H.B. 4472), Sec. 7, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 869 (H.B. 3837), Sec. 2, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 889 (H.B. 4885), Sec. 4, eff. September 1, 2023.
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 391.003. Guidelines and Criteria

Sec. 391.003.  GUIDELINES AND CRITERIA.  (a)  The commission shall adopt grant guidelines and criteria consistent with the requirements of this chapter.
(b)  The guidelines must include:
(1)  protocols to compute projected emissions reductions and project cost-effectiveness; and
(2)  safeguards to ensure that the projects funded result in emissions reductions not otherwise required by state or federal law.
(c)  The commission may propose revisions to the guidelines and criteria adopted under this section as necessary to improve the ability of the program to achieve the program goals.
(d)  The commission may adopt emergency rules under Section 2001.034, Government Code, with abbreviated notice, to carry out any rulemaking necessary to implement this chapter.
(e)  Except as provided by Subsection (d), 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 2009, 81st Leg., R.S., Ch. 1125 (H.B. 1796), Sec. 9, eff. September 1, 2009.