Law:Title 5. Sanitation And Environmental Quality. Subtitle C. Air Quality from Chapter 387. New Technology Research And Development Program (Texas)

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Subtitle C. Air Quality

Contents

Chapter 387. New Technology Research And Development Program

Section  387.001.  Definitions.

In this chapter:

(1)  "Commission" means the Texas Commission on Environmental Quality.

(2)  "Program" means the new technology research and development program.

Added by Acts 2001, 77th Leg., ch. 967, Sec. 1(b), eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 11, Sec. 4, eff. Oct. 20, 2003.



Section 387.003.  New Technology Research And Development Program.

(a) The commission shall establish and administer a new technology research and development program as provided by this chapter.  The commission may contract with one or more well-qualified nonprofit organizations or institutions of higher education for administration of this program.

(b)  Under the program, the commission shall provide grants to support development of emissions-reducing technologies that may be used for projects eligible for awards under Chapters 386 and 391 and other new technologies that show promise for commercialization.  The primary objective of this chapter is to promote the development of commercialization technologies to reduce emissions of oxides of nitrogen in nonattainment areas designated in this state.

(c)  If the commission contracts with one or more nonprofit organizations to administer a new technology research and development program under this chapter, the board of directors of each organization may not have more than 11 members, must include two persons of relevant scientific expertise to be nominated by the commission, and may not include more than four county judges.  The two persons of relevant scientific expertise to be nominated by the commission may be employees or officers of the commission, provided that they do not participate in funding decisions affecting the granting of funds by the commission to a nonprofit organization on whose board they serve.

(d)   The commission shall provide oversight as appropriate for grants provided to a nonprofit organization or an institution of higher education under this program.

(e)  A nonprofit organization or an institution of higher education shall submit to the commission for approval a budget for the disposition of funds granted under this program.

(f)  The commission shall limit the use of grants for administrative costs incurred by a nonprofit organization or an institution of higher education to an amount not to exceed 10 percent of the total program funding.

(g)  A nonprofit organization that receives grants from the commission under this program is subject to Chapters 551 and 552, Government Code.

Added by Acts 2001, 77th Leg., ch. 967, Sec. 1(b), eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 29, Sec. 2, eff. May 14, 2003; Acts 2003, 78th Leg., ch. 1331, Sec. 13, eff. June 20, 2003; Acts 2003, 78th Leg., 3rd C.S., ch. 11, Sec. 6, eff. Oct. 20, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 1125, Sec. 13, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 262, Sec. 2.10, eff. June 8, 2007.

Acts 2009, 81st Leg., R.S., Ch. 1125, Sec. 24, eff. September 1, 2009.



Section 387.004.  Solicitation Of New Technology Proposals.

The commission from time to time shall issue or contract with a nonprofit organization or an institution of higher education described by Section 387.003(a) to issue specific requests for proposals (RFPs) or program opportunity notices (PONs) for technology projects to be funded under the program.

Added by Acts 2001, 77th Leg., ch. 967, Sec. 1(b), eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 11, Sec. 7, eff. Oct. 20, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 262, Sec. 2.11, eff. June 8, 2007.

Acts 2009, 81st Leg., R.S., Ch. 1125, Sec. 25, eff. September 1, 2009.



Section 387.005.  Eligible Projects; Priorities.

(a) Grants awarded under this chapter shall be directed toward a balanced mix of:

(1)  retrofit and add-on technologies and other advanced technologies that reduce emissions from the existing stock of engines and vehicles targeted by the Texas emissions reduction plan, provided that the technologies do not significantly reduce the fuel economy of those engines and vehicles;

(2)   advanced technologies for new engines and vehicles that produce very-low or zero emissions of oxides of nitrogen, including stationary and mobile fuel cells;

(3)  advanced technologies for reducing oxides of nitrogen and other emissions from stationary sources; and

(4)  field validation of innovative technologies that:

(A)  reduce emissions of oxides of nitrogen and other emissions; and

(B)  require demonstration of viability for full commercial acceptance.

(b)  The commission, directly or through a nonprofit organization or an institution of higher education described by Section 387.003(a), shall identify and evaluate and may consider making grants for technology projects that would allow qualifying fuels to be produced from energy resources in this state.  In considering projects under this subsection, the commission shall give preference to projects involving otherwise unusable energy resources in this state and producing qualifying fuels at prices lower than otherwise available and low enough to make the projects to be funded under the program economically attractive to local businesses in the area for which the project is proposed.

(c)  In soliciting proposals under Section 387.004 and determining how to allocate grant money available for projects under this chapter, the commission shall give special consideration to advanced technologies and retrofit or add-on projects that provide multiple benefits by reducing emissions of particulates and other air pollutants.

(d)  A project that involves publicly or privately owned vehicles or vessels is eligible for funding under this chapter if the project meets all applicable criteria.

(e)   If a commissioner is an employee or owner of an entity that applies for a grant under this chapter, the commissioner, before a vote on the grant, shall disclose the fact of the commissioner's employment or ownership.  The disclosure must be entered into the minutes of the meeting.  The commissioner may not vote on or otherwise participate in the awarding of the grant.  If the commissioner does not comply with this subsection, the entity is not eligible for the grant.

(f)  Selection of grant recipients by a nonprofit organization or an institution of higher education described by Section 387.003(a) under contract with the commission for the purpose of establishing and administering a new technology research and development program as provided by this chapter is subject to the commission's review and to the other requirements of this chapter.  A grant contract under this chapter using funds described by Section 386.252 may not be made by a nonprofit organization or an institution of higher education if the commission or executive director of the commission does not consent to the grant or contract.

Added by Acts 2001, 77th Leg., ch. 967, Sec. 1(b), eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 29, Sec. 3, eff. May 14, 2003; Acts 2003, 78th Leg., 3rd C.S., ch. 11, Sec. 8, eff. Oct. 20, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 1125, Sec. 14, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 262, Sec. 2.12, eff. June 8, 2007.

Acts 2009, 81st Leg., R.S., Ch. 1125, Sec. 26, eff. September 1, 2009.



Section 387.006.  Evidence Of Commercialization Potential Required.

(a) An application for a technology grant under this chapter must show reasonable evidence that:

(1)  the proposed technology project has a substantial commercialization plan and organization; and

(2)  the technology proposed for funding  is likely to be offered for commercial sale in this state as soon as practicable after the date of the application for funding.

(b)  The commission shall consider specifically, for each proposed technology project application:

(1)  the projected potential for reduced emissions of oxides of nitrogen and the cost-effectiveness of the technology once it has been commercialized, including the impact on fuel consumption and maintenance costs for retrofits and rebuilds;

(2)  the potential for the technology to contribute significantly to air quality goals; and

(3)  the strength of the commercialization plan.

Added by Acts 2001, 77th Leg., ch. 967, Sec. 1(b), eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 1331, Sec. 14, eff. June 20, 2003; Acts 2003, 78th Leg., 3rd C.S., ch. 11, Sec. 9, eff. Oct. 20, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1125, Sec. 27, eff. September 1, 2009.



Section  387.007.  Cost-sharing.

The commission may require cost-sharing for technology projects funded under this chapter but may not require repayment of grant money, except that the commission shall require provisions for recapturing grant money for noncompliance with grant requirements. Grant money recaptured under the contract provision shall be deposited in the environmental research fund and reallocated for other projects under this chapter.

Added by Acts 2001, 77th Leg., ch. 967, Sec. 1(b), eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 11, Sec. 10, eff. Oct. 20, 2003.



Section  387.008.  Environmental Research Fund.

(a) The environmental research fund is an account in the general revenue fund. The fund consists of money from gifts, grants, or donations to the fund for designated or general use and from any other source designated by the legislature.

(b)  Money in the environmental research fund may be used only by the commission for operations and projects under this chapter.

(c)  Sections 403.095 and 404.071, Government Code, do not apply to the fund. Interest earned on the fund shall be credited to the fund.

Added by Acts 2001, 77th Leg., ch. 967, Sec. 1(b), eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 29, Sec. 4, eff. May 14, 2003; Acts 2003, 78th Leg., 3rd C.S., ch. 11, Sec. 11, eff. Oct. 20, 2003.



Section  387.009.  Advisory Committees.

The commission may appoint advisory committees as necessary or desirable to assist the commission in performing its duties under this chapter. An advisory committee may include representatives of industry, environmental groups, consumer groups, local governments, agriculture, the commission, the General Land Office, and the Railroad Commission of Texas. Any senator or representative desiring to do so may participate on any advisory committee appointed under this section. Members of an advisory committee are not entitled to compensation.

Added by Acts 2001, 77th Leg., ch. 967, Sec. 1(b), eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 11, Sec. 12, eff. Oct. 20, 2003.



Section 387.010.  Air Quality Research.

(a) The commission shall contract with a nonprofit organization or institution of higher education to establish and administer a program to support research related to air quality.

(b)  The board of directors of a nonprofit organization establishing and administering the research program related to air quality under this section may not have more than 11 members, must include two persons with relevant scientific expertise to be nominated by the commission, and may not include more than four county judges selected from counties in the Houston-Galveston-Brazoria and Dallas-Fort Worth nonattainment areas.  The two persons with relevant scientific expertise to be nominated by the commission may be employees or officers of the commission, provided that they do not participate in funding decisions affecting the granting of funds by the commission to a nonprofit organization on whose board they serve.

(c)  The commission shall provide oversight as appropriate for grants provided under the program established under this section.

(d)  A nonprofit organization or institution of higher education shall submit to the commission for approval a budget for the disposition of funds granted under the program established under this section.

(e)  A nonprofit organization or institution of higher education shall be reimbursed for costs incurred in establishing and administering the research program related to air quality under this section. Reimbursable administrative costs of a nonprofit organization or institution of higher education may not exceed 10 percent of the program budget.

(f)  A nonprofit organization that receives grants from the commission under this section is subject to Chapters 551 and 552, Government Code.

Added by Acts 2009, 81st Leg., R.S., Ch. 1125, Sec. 28, eff. September 1, 2009.


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