Enrolled Bill Summary

            House Bill 638 amends the Health and Safety Code to require, rather than authorize, the Texas Commission on Environmental Quality by rule to develop a program for the reduction of nitrogen oxides emissions from reciprocating internal combustion engines associated with pipelines and to include emissions reduction project incentives under the program. The bill prohibits the rules from requiring more stringent emissions reduction criteria than those specified in statute for determining eligibility for an emissions reduction project incentive. The bill dedicates the interest earned on money in the emissions reductions incentives account to the account and authorizes money in the account to be appropriated only for emissions reduction project incentives. The bill makes a person or an affiliate of a person who pays or contributes money to the account ineligible for an incentive. The bill revises the law relating to pipeline facilities permits to provide that a reciprocating internal combustion engine that is subject to a mass emissions cap as established by commission rule is considered permitted with respect to all air contaminants if the facility is located in an area designated nonattainment for ozone and is achieving compliance with all state and federal requirements designated for that area.