Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013 Page: 8,397
8313-8478 p. ; 28 cm.View a full description of this periodical.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
vehicle with a vehicle that qualifies for grant funding under the
Texas Clean Fleet Program in Account 5071 - Texas Emission
Reduction Plan (TERP). The 83rd Legislature appropriated an
estimated $3.9 million for the program in each year of the 2014
- 2015 biennium.
The proposed rules would amend Chapter 114, per the require-
ments of SB 1727, to amend the criteria for the Texas Clean Fleet
Program, add a definition for "Agricultural product transporta-
tion," and provide direction to the executive director in establish-
ing eligibility criteria for projects related to agricultural product
transportation. The proposed rules will also delete the differ-
ent limits on the percentage of incremental costs that may be
covered by a grant based on the model year of the heavy-duty
engine or light-duty vehicle being replaced. The new maximum
limit on the grant amounts would be set at up to 80%, as deter-
mined by the executive director, of the total cost for replacement
of a heavy-duty or light-duty on-road vehicle. The proposed rules
may also increase the number of eligible projects related to the
transportation of raw agricultural products. The program is a vol-
untary statewide incentive program, and staff is not able to de-
termine how many state agencies or units of local government
would become eligible to apply for a Texas Clean Fleet Program
grant at this time. Grants are not expected to be awarded until
Fiscal Year 2015.
State agencies or units of local government may experience cost
benefits from the proposed rules if they qualify for grant funds to
replace a light-duty or heavy-duty diesel vehicle with a vehicle
that qualifies for funding under the program. The proposed rules
are expected to increase the eligible grant amounts for a project
funded under the program from a current award range of $15,000
to $140,000. Under the proposed rules, grantees are expected
to experience similar or greater cost savings. The cost for a light-
duty vehicle is estimated to be $30,000, and for a large heavy-
duty truck, costs are estimated to be to $180,000 or more. If
the maximum limit of 80% for grant awards is used, grants could
range from $24,000 to $144,000 or more.
Public Benefits and Costs
Ms. Chamness also determined that for each year of the first
five years the proposed rules are in effect, the public benefit an-
ticipated from the changes seen in the proposed rules will be im-
proved air quality in the state. The proposed rules are expected
to encourage greater participation in the Texas Clean Fleet Grant
Program by allowing the commission to fund a greater percent-
age of the costs of the vehicle replacement and to increase the
number of eligible projects related to the transportation of raw
agricultural products.
The program is a voluntary statewide grant incentive program.
Most grants are expected to be awarded in Fiscal Year 2015, and
most eligible grantees are expected to be governmental agen-
cies or businesses that own vehicle fleets.
The proposed rules may not have a direct fiscal benefit for indi-
viduals, unless they are a sole proprietor that meets the require-
ment that an applicant own and operate at least 75 vehicles in
Texas. However, any eligible individual or entity should expe-
rience the same cost benefits as those experienced by a local
government or large business as detailed below.
The proposed rules are expected to increase the eligible grant
amounts, which may increase participation in the program. The
proposed rules are also expected to increase the number of el-
igible projects related to the transportation of raw agricultural
products. Costs for vehicles could range from $30,000 for alight-duty vehicle to $180,000 or more for a large heavy-duty
truck. Currently, eligible grant awards offsetting the replacement
costs of these vehicles range from $15,000 to $140,000. Under
the proposed rules, grantees are expected to experience similar
or greater cost savings. At a maximum replacement rate of 80%
(if so determined by the executive director), grants could range
from $24,000 to $144,000 or more.
The proposed rules could increase revenue for sellers and
lessors of qualifying replacement vehicles since there may be
more entities that apply for grants that allow them to purchase
eligible vehicles at a lower cost.
Small Business and Micro-Business Assessment
No adverse fiscal implications are anticipated for small or mi-
cro-businesses as a result of the proposed rules. If a small busi-
ness meets the eligibility requirements, it should experience the
same type of cost savings as a large business when replacing
a vehicle. If a small business sells or leases qualifying replace-
ment vehicles to others, it should expect to see the same type of
revenue increases as a large business.
Small Business Regulatory Flexibility Analysis
The commission has reviewed this proposed rulemaking and de-
termined that a small business regulatory flexibility analysis is not
required because the proposed rules do not adversely affect a
small or micro-business in a material way for the first five years
that the proposed rules are in effect.
Local Employment Impact Statement
The commission has reviewed this proposed rulemaking and de-
termined that a local employment impact statement is not re-
quired because the proposed rules do not adversely affect a lo-
cal economy in a material way for the first five years that the
proposed rules are in effect.
Draft Regulatory Impact Analysis Determination
The commission reviewed the rulemaking in light of the reg-
ulatory analysis requirements of Texas Government Code,
2001.0225, and determined that this rule action is not subject
to Texas Government Code, 2001.0225, because it does not
meet the definition of a "major environmental rule" as defined
in that statute. A "major environmental rule" means a rule the
specific intent of which is to protect the environment or reduce
risks to human health from environmental exposure and that
may adversely affect in a material way the economy, productiv-
ity, competition, jobs, the environment, or the public health and
safety of the state or a sector of the state.
The amended Chapter 114 rules are proposed in accordance
with SB 1727, which amended THSC, Chapter 386 and Chap-
ter 392. The program offers financial incentives for the volun-
tary replacement of diesel engines. Because the proposed rules
place no involuntary requirements on the regulated community,
the proposed rules will not adversely affect in a material way
the economy, a sector of the economy, productivity, competition,
jobs, the environment, or the public health and safety of the state
or a sector of the state. Also, none of the proposed amendments
place additional financial burdens on the regulated community.
In addition, a regulatory impact analysis is not required because
the proposed rules do not meet any of the four applicability crite-
ria for requiring a regulatory analysis of a "major environmental
rule" as defined in the Texas Government Code. Texas Govern-
ment Code, 2001.0225, applies only to a major environmental
rule the result of which is to: 1) exceed a standard set by fed-PROPOSED RULES November 22, 2013 38 TexReg 8397
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
Texas. Secretary of State. Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013, periodical, November 22, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth379965/m1/85/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.