| 2 | | - | (Senate Sponsor - Alvarado) |
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| 3 | | - | (In the Senate - Received from the House May 5, 2021; |
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| 4 | | - | May 10, 2021, read first time and referred to Committee on Natural |
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| 5 | | - | Resources & Economic Development; May 21, 2021, reported favorably |
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| 6 | | - | by the following vote: Yeas 9, Nays 0; May 21, 2021, sent to |
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| 7 | | - | printer.) |
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| 8 | | - | Click here to see the committee vote |
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| 9 | 3 | | |
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| 10 | 4 | | |
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| 11 | 5 | | A BILL TO BE ENTITLED |
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| 12 | 6 | | AN ACT |
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| 13 | 7 | | relating to marine vessel projects in the diesel emissions |
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| 14 | 8 | | reduction incentive program. |
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| 15 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 16 | 10 | | SECTION 1. Sections 386.104(c) and (c-1), Health and Safety |
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| 17 | 11 | | Code, are amended to read as follows: |
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| 18 | 12 | | (c) Except as otherwise provided by this subsection, for a |
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| 19 | 13 | | proposed project as described by Section 386.102(b), [other than a |
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| 20 | 14 | | project involving a marine vessel or engine,] not less than 75 |
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| 21 | 15 | | percent of vehicle miles traveled or hours of operation projected |
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| 22 | 16 | | for the five years immediately following the award of a grant must |
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| 23 | 17 | | be projected to take place in a nonattainment area or affected |
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| 24 | 18 | | county of this state. The commission may set the minimum percentage |
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| 25 | 19 | | of vehicle miles traveled or hours of operation required to take |
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| 26 | 20 | | place in a nonattainment area or affected county at a percentage and |
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| 27 | 21 | | for a period that is different from the percentage and period |
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| 28 | 22 | | specified by this subsection, provided that the commission may not |
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| 29 | 23 | | set the minimum percentage at a level that is less than 55 percent. |
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| 30 | 24 | | The commission may allow vehicle travel on highways and roadways, |
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| 31 | 25 | | or portions of a highway or roadway, designated by the commission |
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| 32 | 26 | | and located outside a nonattainment area or affected county to |
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| 33 | 27 | | count towards the percentage of use requirement in this subsection. |
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| 34 | 28 | | (c-1) For a proposed project involving a marine vessel or |
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| 35 | 29 | | engine, the vessel or engine must be operated in the intercoastal |
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| 36 | 30 | | waterways or bays adjacent to a nonattainment area or affected |
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| 37 | 31 | | county of this state for a sufficient percentage [amount] of time |
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| 38 | 32 | | over the lifetime of the project, as determined by the commission, |
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| 39 | 33 | | to meet the cost-effectiveness requirements of Section 386.105. |
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| 40 | 34 | | The percentage determined by the commission under this subsection |
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| 41 | 35 | | may not be less than 55 percent. |
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| 42 | 36 | | SECTION 2. This Act takes effect September 1, 2021. |
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