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Amend CSHB 3310 (house committee printing) on page 1, SECTION 1, by inserting an additional amendment to Section 386.152 to read as follows:
(d)  If the commission, in consultation with the Governor and the advisory board, finds that use of the money for the program under this subchapter will cause the state to be found to be in noncompliance with the state implementation plan to the extent that Federal action is likely, and if reallocation of some or all the funding for the program under this subchapter to the diesel emissions reduction incentive program under Chapter 386 will resolve such noncompliance, then the commission may reallocate only the portion of the funding necessary to resolve the noncompliance.