87R3049 SLB-F
 
  By: Thompson of Brazoria 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, not less than 25 percent of the hours of operation projected
  for the five years immediately following the award of a grant must
  be projected to take place in:
               (1)  [the vessel or engine must be operated in the]
  intercoastal waterways or bays; or
               (2)  the waters of the Gulf of Mexico within 15 miles of
  the coast of this state [adjacent to a nonattainment area or
  affected county of this state for a sufficient amount of time over
  the lifetime of the project, as determined by the commission, to
  meet the cost-effectiveness requirements of Section 386.105].
         SECTION 2.  This Act takes effect September 1, 2021.