State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-5-sanitation-and-environmental-quality > Chapter-387-new-technology-research-and-development-program

HEALTH AND SAFETY CODE

TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY

SUBTITLE C. AIR QUALITY

CHAPTER 387. NEW TECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-5-sanitation-and-environmental-quality > Chapter-387-new-technology-research-and-development-program

HEALTH AND SAFETY CODE

TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY

SUBTITLE C. AIR QUALITY

CHAPTER 387. NEW TECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.


State Codes and Statutes

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-5-sanitation-and-environmental-quality > Chapter-387-new-technology-research-and-development-program

HEALTH AND SAFETY CODE

TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY

SUBTITLE C. AIR QUALITY

CHAPTER 387. NEW TECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.