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.