H.B. No. 1346
AN ACT
relating to the eligibility requirements for the diesel emissions
reduction incentive program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 386.104, Health and Safety Code, is
amended by amending Subsection (c) and adding Subsections (c-1) and
(c-2) to read as follows:
(c) Except as otherwise provided by this subsection, for
[For] a proposed project as described by Section 386.102(b), other
than a project involving a marine vessel or engine, not less than 75
percent of vehicle miles traveled or hours of operation projected
for the five years immediately following the award of a grant must
be projected to take place in a nonattainment area or affected
county of this state. The commission may set the minimum percentage
of vehicle miles traveled or hours of operation required to take
place in a nonattainment area or affected county at a percentage and
for a period that is different from the percentage and period
specified by this subsection, provided that the commission may not
set the minimum percentage at a level that is less than 55 percent.
The commission may [also] allow vehicle travel on highways and
roadways, or portions of a highway or roadway, designated by the
commission and located outside a nonattainment area or affected
county to count towards the percentage of use requirement in this
subsection.
(c-1) For a proposed project involving a marine vessel or
engine, the vessel or engine must be operated in the intercoastal
waterways or bays adjacent to a nonattainment area or affected
county of this state for a sufficient amount of time over the
lifetime of the project, as determined by the commission, to meet
the cost-effectiveness requirements of Section 386.105.
(c-2) For a proposed project involving non-road equipment
used for natural gas recovery purposes, the equipment must be
operated in a nonattainment area or affected county for a
sufficient amount of use over the lifetime of the project, as
determined by the commission, to meet the cost-effectiveness
requirements of Section 386.105.
SECTION 2. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1346 was passed by the House on April
24, 2019, by the following vote: Yeas 141, Nays 4, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1346 on May 22, 2019, by the following vote: Yeas 121, Nays 21,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1346 was passed by the Senate, with
amendments, on May 15, 2019, by the following vote: Yeas 30, Nays
1.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor