Texas 2021 87th Regular

Texas House Bill HB2136 Comm Sub / Bill

Filed 04/27/2021

                    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.