Tex. Health & Safety Code Section 386.051
Texas Emissions Reduction Plan


(a)

The utility commission, the commission, and the comptroller shall establish and administer the Texas emissions reduction plan in accordance with this chapter.

(b)

Under the plan, the commission and the comptroller shall provide grants or other funding for:

(1)

the diesel emissions reduction incentive program established under Subchapter C, including for infrastructure projects established under that subchapter;

(2)

the motor vehicle purchase or lease incentive program established under Subchapter D;

(3)

the air quality research support program established under Chapter 387 (Air Quality Research Support Program);

(4)

the clean school bus program established under Chapter 390;

(5)

the new technology implementation grant program established under Chapter 391;

(6)

the regional air monitoring program established under Section 386.252 (Use of Fund and Account)(a);

(7)

a health effects study as provided by Section 386.252 (Use of Fund and Account)(a);

(8)

air quality planning activities as provided by Section 386.252 (Use of Fund and Account)(d);

(9)

a contract with the Energy Systems Laboratory at the Texas A&M Engineering Experiment Station for computation of creditable statewide emissions reductions as provided by Section 386.252 (Use of Fund and Account)(a);

(10)

the Texas clean fleet program established under Chapter 392;

(11)

the Texas alternative fueling facilities program established under Chapter 393;

(12)

the Texas natural gas vehicle grant program established under Chapter 394;

(13)

other programs the commission may develop that lead to reduced emissions of nitrogen oxides, particulate matter, or volatile organic compounds in a nonattainment area or affected county;

(14)

other programs the commission may develop that support congestion mitigation to reduce mobile source ozone precursor emissions;

(15)

the seaport and rail yard areas emissions reduction program established under Subchapter D-1;

(16)

conducting research and other activities associated with making any necessary demonstrations to the United States Environmental Protection Agency to account for the impact of foreign emissions or an exceptional event;

(17)

studies of or pilot programs for incentives for port authorities located in nonattainment areas or affected counties as provided by Section 386.252 (Use of Fund and Account)(a);

(18)

the governmental alternative fuel fleet grant program established under Chapter 395;

(19)

remittance of funds to the state highway fund for use by the Texas Department of Transportation for congestion mitigation and air quality improvement projects in nonattainment areas and affected counties; and

(20)

the Texas hydrogen infrastructure, vehicle, and equipment grant program established under Subchapter G.

(b-1)

Under the plan, the commission may establish and administer other programs, including other grants or funding programs, as determined by the commission to be necessary or effective in fulfilling its duties and achieving the objectives described under Section 386.052 (Commission Duties). The commission may apply the criteria and requirements applicable to the programs under Subsection (b) to programs established under this subsection, or the commission may establish separate criteria and requirements as necessary to achieve the commission’s objectives. The additional programs shall be consistent with and comply with all applicable laws, regulations, and guidelines pertaining to the use of state funds, the awarding and administration of grants and contracts, and achieving reductions in ozone precursors or particulate matter. Under this subsection, the commission may place a priority on programs that address the following goals:

(1)

reduction of emissions of oxides of nitrogen or particulate matter from heavy-duty on-road vehicles and non-road equipment, including drayage vehicles, locomotives, and marine vessels, at seaport facilities or servicing seaport facilities in nonattainment areas; and

(2)

reduction of emissions from the operation of drilling, production, completions, and related heavy-duty on-road vehicles or non-road equipment in oil and gas production fields where the commission determines that the programs can help prevent that area or an adjacent area from being in violation of national ambient air quality standards.

(c)

Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1230, Sec. 25(1), eff. June 14, 2013.

(d)

Equipment purchased before September 1, 2001, is not eligible for a grant or other funding under the plan.
Added by Acts 2001, 77th Leg., ch. 967, Sec. 1(b), eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 11, Sec. 3, eff. Oct. 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 766 (H.B. 3469), Sec. 1, eff. June 17, 2005.
Acts 2009, 81st Leg., R.S., Ch. 1125 (H.B. 1796), Sec. 5, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 28 (S.B. 527), Sec. 1, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1230 (S.B. 1727), Sec. 1, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1230 (S.B. 1727), Sec. 25(1), eff. June 14, 2013.
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(c-1), eff. August 30, 2017.
Acts 2021, 87th Leg., R.S., Ch. 1043 (H.B. 4472), Sec. 1, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 889 (H.B. 4885), Sec. 1, eff. September 1, 2023.

Source: Section 386.051 — Texas Emissions Reduction Plan, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­386.­htm#386.­051 (accessed Mar. 23, 2024).

382
Clean Air Act
383
Clean Air Financing Act
384
Area Emission Reduction Credit Organizations
386.001
Definitions
386.002
Expiration
386.051
Texas Emissions Reduction Plan
386.052
Commission Duties
386.053
Guidelines and Criteria
386.054
Monitoring Procedures
386.055
Availability of Emissions Reduction Credits Generally
386.056
Availability of Emissions Reductions in Certain Nonattainment Areas
386.057
Review and Reporting Requirements
386.101
Definitions
386.102
Program
386.103
Application for Grant
386.104
Eligibility Requirements
386.105
Calculation of Cost-effectiveness
386.106
Cost-effectiveness Criteria
386.107
Adjustment to Maximum Cost-effectiveness Amount and Award Amount
386.108
Infrastructure Projects
386.109
Eligible Infrastructure Projects
386.110
Application Package for Infrastructure Projects
386.111
Application Review Procedures
386.112
On-road Diesel Purchase or Lease Incentive
386.113
On-road Diesel Purchase or Lease Incentive Schedule
386.114
Modification of Incentive Emissions Standards
386.115
Modification of Vehicle Eligibility
386.116
Small Business Incentives
386.117
Rebate Grants
386.151
Definitions
386.152
Applicability
386.153
Commission Duties Regarding Light-duty Motor Vehicle Purchase or Lease Incentive Program
386.154
Light-duty Motor Vehicle Purchase or Lease Incentive Requirements
386.155
Manufacturer’s Report
386.156
List of Eligible Motor Vehicles
386.157
Light-duty Motor Vehicle Purchase or Lease Incentive
386.158
Commission to Account for Motor Vehicle Purchase or Lease Incentives
386.159
Purchase or Lease Incentives Information
386.160
Reservation of Incentives
386.181
Definitions
386.182
Commission Duties
386.183
Drayage Truck and Cargo Handling Equipment Purchase Incentive
386.205
Evaluation of Utility Commission Energy Efficiency Programs
386.250
Texas Emissions Reduction Plan Fund
386.251
Texas Emissions Reduction Plan Account
386.252
Use of Fund and Account
386.301
Definitions
386.302
Program
386.303
Application Package
386.304
Application Review Procedures
386.0515
Agricultural Product Transportation Projects
387
Air Quality Research Support Program
388
Texas Building Energy Performance Standards
389
Emissions Reduction Recognition Efforts
390.001
Definitions
390.002
Program
390.003
Application for Grant
390.004
Eligibility of Projects for Grants
390.005
Restriction on Use of Grant
390.006
Expiration
391.001
Definitions
391.002
Grant Program
391.003
Guidelines and Criteria
391.004
Availability of Emissions Reduction Credits in Certain Nonattainment Areas
391.101
Application for Grant
391.102
Grant Application Review Procedures
391.103
Evidence of Emissions Reduction Potential Required
391.104
Reporting Requirements
391.201
Eligibility of Projects for Grants
391.202
Evaluating Cost-effectiveness
391.203
Determination of Grant Amount
391.204
Cost Sharing
391.205
Preferences
391.301
Restriction on Use of Grant
391.302
Comptroller Review of Use of Grant Funds
391.303
Time of Use of Grant Funding
391.304
Expiration
392.001
Definitions
392.002
Program
392.003
Qualifying Vehicles
392.004
Application for Grant
392.005
Eligibility of Projects for Grants
392.006
Restriction on Use of Grant
392.007
Amount of Grant
392.008
Expiration
393.001
Definitions
393.002
Program
393.003
Application for Grant
393.004
Eligibility of Facilities for Grants
393.005
Restriction on Use of Grant
393.006
Amount of Grant
393.007
Expiration
394.001
Definitions
394.002
Program
394.003
Qualifying Vehicles
394.004
Application for Grant
394.005
Eligibility for Grants
394.006
Restriction on Use of Grant
394.007
Amount of Grant
394.008
Grant Procedures
394.012
Expiration
395.001
Definitions
395.002
Program
395.003
Eligible Applicants
395.004
Motor Vehicle Requirements
395.005
Refueling Infrastructure, Equipment, and Services
395.006
Eligible Costs
395.007
Grant Amounts
395.008
Availability of Emissions Reduction Credits
395.009
Use of Grant Money
395.010
Grant Procedures and Criteria
395.011
Funding
395.012
Administrative Costs
395.013
Rules
395.014
Report Required
395.015
Expiration

Accessed:
Mar. 23, 2024

§ 386.051’s source at texas​.gov