87R17069 SLB-F By: Thompson of Brazoria H.B. No. 2136 Substitute the following for H.B. No. 2136: By: Dominguez C.S.H.B. No. 2136 A BILL TO BE ENTITLED AN ACT relating to marine vessel projects in the diesel emissions reduction incentive program. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Sections 386.104(c) and (c-1), Health and Safety Code, are amended to read as follows: (c) Except as otherwise provided by this subsection, 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 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 percentage [amount] of time over the lifetime of the project, as determined by the commission, to meet the cost-effectiveness requirements of Section 386.105. The percentage determined by the commission under this subsection may not be less than 55 percent. SECTION 2. This Act takes effect September 1, 2021.