Tex. Health & Safety Code Section 386.252
Use of Fund and Account


(a)

Money in the fund and account may be used only to implement and administer programs established under the plan. Subject to the reallocation of funds by the commission under Subsection (h) and after remittance to the state highway fund under Subsection (a-1), money from the fund and account to be used for the programs under Section 386.051 (Texas Emissions Reduction Plan)(b) shall initially be allocated as follows:

(1)

four percent may be used for the clean school bus program under Chapter 390;

(2)

eight percent total may be used between the Texas hydrogen infrastructure, vehicle, and equipment grant program established under Subchapter G and the new technology implementation grant program under Chapter 391, from which at least $1 million will be set aside for electricity storage projects related to renewable energy and not more than $8 million may be used for the Texas hydrogen infrastructure, vehicle, and equipment grant program;

(3)

five percent may be used for the Texas clean fleet program under Chapter 392;

(4)

not more than $3 million may be used by the commission to fund a regional air monitoring program in commission Regions 3 and 4 to be implemented under the commission’s oversight, including direction regarding the type, number, location, and operation of, and data validation practices for, monitors funded by the program through a regional nonprofit entity located in North Texas having representation from counties, municipalities, higher education institutions, and private sector interests across the area;

(5)

7.5 percent may be used for the Texas natural gas vehicle grant program under Chapter 394;

(6)

not more than $6 million may be used for the Texas alternative fueling facilities program under Chapter 393, of which a specified amount may be used for fueling stations to provide natural gas fuel, except that money may not be allocated for the Texas alternative fueling facilities program for the state fiscal year ending August 31, 2019;

(7)

not more than $750,000 may be used each year to support research related to air quality as provided by Chapter 387 (Air Quality Research Support Program);

(8)

not more than $200,000 may be used for a health effects study;

(9)

at least $6 million but not more than 15 percent may be used by the commission for administrative costs, including all direct and indirect costs for administering the plan, costs for conducting outreach and education activities, and costs attributable to the review or approval of applications for marketable emissions reduction credits;

(10)

six percent may be used by the commission for the seaport and rail yard areas emissions reduction program established under Subchapter D-1;

(11)

2.5 percent may be used for the light-duty motor vehicle purchase or lease incentive program established under Subchapter D;

(12)

not more than $500,000 may be used by the commission to contract with the Energy Systems Laboratory at the Texas A&M Engineering Experiment Station annually for the development and annual computation of creditable statewide emissions reductions for the state implementation plan that are obtained through:

(A)

wind and other renewable energy resources;

(B)

energy efficiency programs administered by the Public Utility Commission of Texas or the State Energy Conservation Office; or

(C)

the implementation of advanced building energy codes;

(13)

not more than $500,000 may be used for studies of or pilot programs for incentives for port authorities located in nonattainment areas or affected counties to encourage cargo movement that reduces emissions of nitrogen oxides and particulate matter; and

(14)

the balance is to be used by the commission for the diesel emissions reduction incentive program under Subchapter C as determined by the commission.

(a-1)

The commission shall remit not less than 35 percent of the amount deposited to the credit of the fund to the state highway fund for use by the Texas Department of Transportation for projects described by Section 386.051 (Texas Emissions Reduction Plan)(b)(19).

(b)

Money in the fund and account may be used by the commission for programs under Sections 386.051 (Texas Emissions Reduction Plan)(b)(13), (b)(14), and (b-1).

(c)

If the legislature does not specify amounts or percentages from the total appropriation to the commission to be allocated under Subsection (a) or (b), the commission shall determine the amounts of the total appropriation to be allocated under each of those subsections, such that the total appropriation is expended while maximizing emissions reductions.

(d)

To supplement funding for air quality planning activities in affected counties, $500,000 from the fund is to be deposited annually in the state treasury to the credit of the clean air account created under Section 382.0622 (Clean Air Act Fees).

(e)

Money in the fund and account may be used for administrative costs incurred by the Energy Systems Laboratory at the Texas A & M Engineering Experiment Station.

(f)

Not more than $2.5 million from the fund and account may be used by the commission to conduct research and other activities associated with making any necessary demonstrations to the United States Environmental Protection Agency to account for the impact of foreign emissions or an exceptional event.

(g)

The commission may use money from the fund and account to award grants under the governmental alternative fuel fleet grant program established under Chapter 395, except that the commission may not use for that purpose more than three percent of the balance of the fund as of September 1 of each state fiscal year of the biennium for the governmental alternative fuel fleet grant program in that fiscal year.

(h)

Subject to the limitations outlined in this section, money allocated under this section to a particular program may be used for another program under the plan as determined by the commission, based on demand for grants for eligible projects under particular programs after the commission solicits projects to which to award grants according to the initial allocation provisions of this section.
Added by Acts 2001, 77th Leg., ch. 967, Sec. 1(b), eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 1331, Sec. 12, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 766 (H.B. 3469), Sec. 3, eff. June 17, 2005.
Acts 2005, 79th Leg., Ch. 1095 (H.B. 2129), Sec. 3, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1125 (H.B. 2481), Sec. 11, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1125 (H.B. 2481), Sec. 12, eff. September 1, 2008.
Acts 2007, 80th Leg., R.S., Ch. 262 (S.B. 12), Sec. 2.09, eff. June 8, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1125 (H.B. 1796), Sec. 23, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1232 (S.B. 1759), Sec. 4, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 28 (S.B. 527), Sec. 3, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 589 (S.B. 20), Sec. 1, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 589 (S.B. 20), Sec. 2, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 892 (S.B. 385), Sec. 1, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 892 (S.B. 385), Sec. 2, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 10.003(a), eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1230 (S.B. 1727), Sec. 16, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1230 (S.B. 1727), Sec. 17, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1230 (S.B. 1727), Sec. 18, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1230 (S.B. 1727), Sec. 19, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1230 (S.B. 1727), Sec. 25(7), eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1230 (S.B. 1727), Sec. 25(8), eff. June 14, 2013.
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(h), eff. August 30, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1301 (H.B. 3745), Sec. 1.06, eff. September 1, 2021.
Acts 2019, 86th Leg., R.S., Ch. 1301 (H.B. 3745), Sec. 1.07, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 1043 (H.B. 4472), Sec. 6, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 889 (H.B. 4885), Sec. 2, eff. September 1, 2023.

Source: Section 386.252 — Use of Fund and Account, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­386.­htm#386.­252 (accessed Mar. 23, 2024).

382
Clean Air Act
383
Clean Air Financing Act
384
Area Emission Reduction Credit Organizations
386.001
Definitions
386.002
Expiration
386.051
Texas Emissions Reduction Plan
386.052
Commission Duties
386.053
Guidelines and Criteria
386.054
Monitoring Procedures
386.055
Availability of Emissions Reduction Credits Generally
386.056
Availability of Emissions Reductions in Certain Nonattainment Areas
386.057
Review and Reporting Requirements
386.101
Definitions
386.102
Program
386.103
Application for Grant
386.104
Eligibility Requirements
386.105
Calculation of Cost-effectiveness
386.106
Cost-effectiveness Criteria
386.107
Adjustment to Maximum Cost-effectiveness Amount and Award Amount
386.108
Infrastructure Projects
386.109
Eligible Infrastructure Projects
386.110
Application Package for Infrastructure Projects
386.111
Application Review Procedures
386.112
On-road Diesel Purchase or Lease Incentive
386.113
On-road Diesel Purchase or Lease Incentive Schedule
386.114
Modification of Incentive Emissions Standards
386.115
Modification of Vehicle Eligibility
386.116
Small Business Incentives
386.117
Rebate Grants
386.151
Definitions
386.152
Applicability
386.153
Commission Duties Regarding Light-duty Motor Vehicle Purchase or Lease Incentive Program
386.154
Light-duty Motor Vehicle Purchase or Lease Incentive Requirements
386.155
Manufacturer’s Report
386.156
List of Eligible Motor Vehicles
386.157
Light-duty Motor Vehicle Purchase or Lease Incentive
386.158
Commission to Account for Motor Vehicle Purchase or Lease Incentives
386.159
Purchase or Lease Incentives Information
386.160
Reservation of Incentives
386.181
Definitions
386.182
Commission Duties
386.183
Drayage Truck and Cargo Handling Equipment Purchase Incentive
386.205
Evaluation of Utility Commission Energy Efficiency Programs
386.250
Texas Emissions Reduction Plan Fund
386.251
Texas Emissions Reduction Plan Account
386.252
Use of Fund and Account
386.301
Definitions
386.302
Program
386.303
Application Package
386.304
Application Review Procedures
386.0515
Agricultural Product Transportation Projects
387
Air Quality Research Support Program
388
Texas Building Energy Performance Standards
389
Emissions Reduction Recognition Efforts
390.001
Definitions
390.002
Program
390.003
Application for Grant
390.004
Eligibility of Projects for Grants
390.005
Restriction on Use of Grant
390.006
Expiration
391.001
Definitions
391.002
Grant Program
391.003
Guidelines and Criteria
391.004
Availability of Emissions Reduction Credits in Certain Nonattainment Areas
391.101
Application for Grant
391.102
Grant Application Review Procedures
391.103
Evidence of Emissions Reduction Potential Required
391.104
Reporting Requirements
391.201
Eligibility of Projects for Grants
391.202
Evaluating Cost-effectiveness
391.203
Determination of Grant Amount
391.204
Cost Sharing
391.205
Preferences
391.301
Restriction on Use of Grant
391.302
Comptroller Review of Use of Grant Funds
391.303
Time of Use of Grant Funding
391.304
Expiration
392.001
Definitions
392.002
Program
392.003
Qualifying Vehicles
392.004
Application for Grant
392.005
Eligibility of Projects for Grants
392.006
Restriction on Use of Grant
392.007
Amount of Grant
392.008
Expiration
393.001
Definitions
393.002
Program
393.003
Application for Grant
393.004
Eligibility of Facilities for Grants
393.005
Restriction on Use of Grant
393.006
Amount of Grant
393.007
Expiration
394.001
Definitions
394.002
Program
394.003
Qualifying Vehicles
394.004
Application for Grant
394.005
Eligibility for Grants
394.006
Restriction on Use of Grant
394.007
Amount of Grant
394.008
Grant Procedures
394.012
Expiration
395.001
Definitions
395.002
Program
395.003
Eligible Applicants
395.004
Motor Vehicle Requirements
395.005
Refueling Infrastructure, Equipment, and Services
395.006
Eligible Costs
395.007
Grant Amounts
395.008
Availability of Emissions Reduction Credits
395.009
Use of Grant Money
395.010
Grant Procedures and Criteria
395.011
Funding
395.012
Administrative Costs
395.013
Rules
395.014
Report Required
395.015
Expiration

Accessed:
Mar. 23, 2024

§ 386.252’s source at texas​.gov