Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 114 - CONTROL OF AIR POLLUTION FROM MOTOR VEHICLES › Subchapter A - DEFINITIONS › Section 114.7 - Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program Definitions

Current through Reg. 49, No. 28; July 12, 2024
Unless specifically defined in the Texas Clean Air Act
					 (TCAA) or in the rules of the commission, the terms used in this chapter have
					 the meanings commonly ascribed to them in the field of air pollution control.
					 In addition to the terms which are defined by the TCAA, §§
										3.2,
					 101.1, and
					 114.1 of
					 this title (relating to Definitions), the following words and terms, when used
					 in Subchapter C, Division 2 of this chapter (relating to Low Income Vehicle
					 Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program) have
					 the following meanings, unless the context clearly indicates otherwise.
(1) Affected county--A county with a motor
				  vehicle emissions inspection and maintenance program established under Texas
				  Transportation Code, §
										548.301.
(2) Automobile dealership--A business that
				  regularly and actively buys, sells, or exchanges vehicles at an established and
				  permanent location as defined under Texas Transportation Code, § 503.301.
				  The term includes a franchised motor vehicle dealer and an independent motor
				  vehicle dealer.
(3) Car--A motor
				  vehicle, other than a golf cart, truck or bus, designed or used primarily for
				  the transportation of persons. A passenger van or sports utility vehicle may be
				  considered a car under this section.
(4) Commercial vehicle--A vehicle that is
				  owned or leased in the regular course of business of a commercial or business
				  entity.
(5) Destroyed--Crushed,
				  shredded, scrapped, or otherwise dismantled to render a vehicle, vehicle's
				  engine, or emission control components permanently and irreversibly incapable
				  of functioning as originally intended.
(6) Dismantled--Extraction of parts,
				  components, and accessories for use in the Low Income Vehicle Repair
				  Assistance, Retrofit, and Accelerated Vehicle Retirement Program or sold as
				  used parts.
(7) Electric vehicle--A
				  motor vehicle that draws propulsion energy only from a rechargeable energy
				  storage system.
(8) Emissions
				  control equipment--Relating to a motor vehicle that is subject to §
										114.50(a)
				  of this title (relating to Vehicle Emissions Inspection Requirements). If the
				  vehicle is so equipped, these include: exhaust gas recirculation system, power
				  control module, catalytic converter, oxygen sensors, evaporative purge
				  canister, positive crankcase ventilation valve, and gas cap.
(9) Engine--The fuel-based mechanical power
				  source of a motor vehicle that is subject to §
										114.50(a)
				  of this title (relating to Vehicle Emissions Inspection Requirements), which
				  includes the crankcase, cylinder block, and cylinder head(s) and their initial
				  internal components, the oil pan and cylinder head valve covers, and the intake
				  and exhaust manifolds.
(10) Fleet
				  vehicle--A motor vehicle operated as one of a group that consists of more than
				  ten motor vehicles and that is owned and operated by a public or commercial
				  entity or by a private entity other than a single household.
(11) Hybrid vehicle--A motor vehicle that
				  draws propulsion energy from both gasoline or conventional diesel fuel and a
				  rechargeable energy storage system.
(12) LIRAP--Low Income Vehicle Repair
				  Assistance, Retrofit, and Accelerated Vehicle Retirement Program.
(13) LIRAP fee--The portion of the vehicle
				  emissions inspection fee that is required to be remitted to the state at the
				  time of annual vehicle registration, as authorized by Texas Health and Safety
				  Code, §
										382.202,
				  in counties participating in the Low Income Vehicle Repair Assistance,
				  Retrofit, and Accelerated Vehicle Retirement Program.
(14) LIRAP fee termination date--The first
				  day of the month for the month that the Texas Department of Motor Vehicles
				  issues registration notices without the Low Income Vehicle Repair Assistance,
				  Retrofit, and Accelerated Vehicle Retirement Program (LIRAP) fee, as defined in
				  this section, in a participating county opting out of the LIRAP.
(15) LIRAP opt-out effective date--The date
				  upon which a county that was participating in the Low Income Vehicle Repair
				  Assistance, Retrofit, and Accelerated Vehicle Retirement Program (LIRAP)
				  becomes a non-participating county, which occurs when the grant contract
				  between the county and the executive director, established in §
										114.64(a)
				  of this title (relating to LIRAP Requirements), is ended, but no earlier than
				  the LIRAP fee termination effective date.
(16) Motor vehicle--A fully self-propelled
				  vehicle having four wheels that has as its primary purpose the transport of a
				  person, persons, or property on a public highway.
(17) Natural gas vehicle--A motor vehicle
				  that uses only compressed natural gas or liquefied natural gas as
				  fuel.
(18) Non-participating
				  county--An affected county that has either:
(A) not opted into the Low Income Vehicle
				  Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program (LIRAP)
				  authorized by Texas Health and Safety Code, §
											382.209;
				  or
(B) opted out of the LIRAP
				  according to the procedures specified in §
											114.64(g)
				  of this title (relating to LIRAP Requirements) and has been released from all
				  program requirements, including assessment of the LIRAP fee as defined in this
				  section and participation in LIRAP grant programs.