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 386.051. Texas Emissions Reduction Plan

Sec. 386.051.  TEXAS EMISSIONS REDUCTION PLAN.  (a)  The utility commission, the commission, and the comptroller shall establish and administer the Texas emissions reduction plan in accordance with this chapter.
(b)  Under the plan, the commission and the comptroller shall provide grants or other funding for:
(1)  the diesel emissions reduction incentive program established under Subchapter C, including for infrastructure projects established under that subchapter;
(2)  the motor vehicle purchase or lease incentive program established under Subchapter D;
(3)  the air quality research support program established under Chapter 387;
(4)  the clean school bus program established under Chapter 390;
(5)  the new technology implementation grant program established under Chapter 391;
(6)  the regional air monitoring program established under Section 386.252(a);
(7)  a health effects study as provided by Section 386.252(a);
(8)  air quality planning activities as provided by Section 386.252(d);
(9)  a contract with the Energy Systems Laboratory at the Texas A&M Engineering Experiment Station for computation of creditable statewide emissions reductions as provided by Section 386.252(a);
(10)  the Texas clean fleet program established under Chapter 392;
(11)  the Texas alternative fueling facilities program established under Chapter 393;
(12)  the Texas natural gas vehicle grant program established under Chapter 394;
(13)  other programs the commission may develop that lead to reduced emissions of nitrogen oxides, particulate matter, or volatile organic compounds in a nonattainment area or affected county;
(14)  other programs the commission may develop that support congestion mitigation to reduce mobile source ozone precursor emissions;
(15)  the seaport and rail yard areas emissions reduction program established under Subchapter D-1;
(16)  conducting research and other activities associated with making any necessary demonstrations to the United States Environmental Protection Agency to account for the impact of foreign emissions or an exceptional event;
(17)  studies of or pilot programs for incentives for port authorities located in nonattainment areas or affected counties as provided by Section 386.252(a);
(18)  the governmental alternative fuel fleet grant program established under Chapter 395;
(19)  remittance of funds to the state highway fund for use by the Texas Department of Transportation for congestion mitigation and air quality improvement projects in nonattainment areas and affected counties; and
(20)  the Texas hydrogen infrastructure, vehicle, and equipment grant program established under Subchapter G.
(b-1)  Under the plan, the commission may establish and administer other programs, including other grants or funding programs, as determined by the commission to be necessary or effective in fulfilling its duties and achieving the objectives described under Section 386.052.  The commission may apply the criteria and requirements applicable to the programs under Subsection (b) to programs established under this subsection, or the commission may establish separate criteria and requirements as necessary to achieve the commission's objectives.  The additional programs shall be consistent with and comply with all applicable laws, regulations, and guidelines pertaining to the use of state funds, the awarding and administration of grants and contracts, and achieving reductions in ozone precursors or particulate matter.  Under this subsection, the commission may place a priority on programs that address the following goals:
(1)  reduction of emissions of oxides of nitrogen or particulate matter from heavy-duty on-road vehicles and non-road equipment, including drayage vehicles, locomotives, and marine vessels, at seaport facilities or servicing seaport facilities in nonattainment areas; and
(2)  reduction of emissions from the operation of drilling, production, completions, and related heavy-duty on-road vehicles or non-road equipment in oil and gas production fields where the commission determines that the programs can help prevent that area or an adjacent area from being in violation of national ambient air quality standards.
(c)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1230, Sec. 25(1), eff. June 14, 2013.
(d)  Equipment purchased before September 1, 2001, is not eligible for a grant or other funding under the plan.
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. 3, eff. Oct. 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 766 (H.B. 3469), Sec. 1, eff. June 17, 2005.
Acts 2009, 81st Leg., R.S., Ch. 1125 (H.B. 1796), Sec. 5, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 28 (S.B. 527), Sec. 1, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1230 (S.B. 1727), Sec. 1, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1230 (S.B. 1727), Sec. 25(1), eff. June 14, 2013.
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(c-1), eff. August 30, 2017.
Acts 2021, 87th Leg., R.S., Ch. 1043 (H.B. 4472), Sec. 1, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 889 (H.B. 4885), Sec. 1, eff. September 1, 2023.