86R6062 JRR-D
 
  By: Thompson of Brazoria H.B. No. 1346
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the eligibility requirements for the diesel emissions
  reduction incentive program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 386.104, Health and Safety Code, is
  amended by amending Subsection (c) and adding Subsections (c-1) and
  (c-2) to read as follows:
         (c)  Except as otherwise provided by this subsection, for
  [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. The commission may [also] 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 amount of time over the
  lifetime of the project, as determined by the commission, to meet
  the cost-effectiveness requirements of Section 386.105.
         (c-2)  For a proposed project involving non-road equipment
  used for natural gas recovery purposes, the equipment must be
  operated in a nonattainment area or affected county for a
  sufficient amount of use 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, 2019.