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.