Tex. Health & Safety Code Section 386.302
Program

(a)

The commission shall establish and administer the Texas hydrogen infrastructure, vehicle, and equipment grant program to encourage the adoption of hydrogen infrastructure, vehicles, and equipment. Under the program, the commission shall provide funding for eligible projects to offset the incremental cost of projects that reduce emissions of oxides of nitrogen from high-emitting sources in nonattainment areas and affected counties of this state. The commission shall determine the eligibility of projects.

(b)

Projects that may be considered for a grant under the program include:

(1)

implementation of hydrogen infrastructure projects;

(2)

purchase or lease of on-road or non-road hydrogen vehicles or equipment;

(3)

replacement of on-road or non-road heavy-duty vehicles or equipment with newer on-road or non-road hydrogen vehicles or equipment; and

(4)

the repower or conversion of on-road or non-road heavy-duty vehicles or equipment with a powertrain that runs on or is powered by hydrogen.

(c)

A project listed in Subsection (b) is not eligible if it is required by any state or federal law, rule or regulation, memorandum of agreement, or other legally binding document. This subsection does not apply to:

(1)

an otherwise qualified project, regardless of the fact that the state implementation plan assumes that the change in vehicles, equipment, or operations will occur, if on the date the grant is awarded the change is not required by any state or federal law, rule or regulation, memorandum of agreement, or other legally binding document; or

(2)

the purchase of a hydrogen vehicle or equipment or facility required only by local law or regulation or by corporate or controlling board policy of a public or private entity.

(d)

The commission shall prioritize the awarding of grants under this subchapter in the following order:

(1)

projects to replace on-road heavy-duty vehicles with newer on-road hydrogen vehicles;

(2)

projects to purchase, lease, repower, or convert on-road heavy-duty vehicles with a powertrain that runs on or is powered by hydrogen;

(3)

projects to implement hydrogen refueling infrastructure that will be accessible and available to the public at times designated by the grant contract;

(4)

projects to replace non-road heavy-duty vehicles with newer non-road hydrogen vehicles; and

(5)

projects to purchase, lease, repower, or convert non-road heavy-duty vehicles with a powertrain that runs on or is powered by hydrogen.

(e)

Subject to Subsection (d), in awarding grants under this subchapter, the commission shall give preference to the most cost-effective projects that will result in the greatest reduction in emissions of oxides of nitrogen.

(f)

The commission shall establish additional eligibility and prioritization criteria as needed to implement the program.
Added by Acts 2023, 88th Leg., R.S., Ch. 889 (H.B. 4885), Sec. 3, eff. September 1, 2023.

Source: Section 386.302 — Program, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­386.­htm#386.­302 (accessed Jun. 5, 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
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Accessed:
Jun. 5, 2024

§ 386.302’s source at texas​.gov