Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013 Page: 8,399
8313-8478 p. ; 28 cm.View a full description of this periodical.
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(A) are registered in Texas; and
(B) include at least 20 vehicles that are eligible for re-
placement.
(4) [(3)] Golf cart--A motor vehicle designed by the man-
ufacturer primarily for transporting persons on a golf course.
(5) [(4)] Heavy-duty vehicle--A motor vehicle with a gross
vehicle weight rating greater than 8,500 pounds and containing an en-
gine certified to the United States Environmental Protection Agency's
heavy-duty engine standards.
(6) [-5)] Hybrid vehicle--A motor vehicle with at least two
different energy converters and two different energy storage systems
on board the vehicle for the purpose of propelling the vehicle.
(7) [(6)] Light-duty motor vehicle--A motor vehicle with a
gross vehicle weight rating of less than 10,000 pounds and certified to
the United States Environmental Protection Agency's light-duty vehi-
cle emission standards.
(8) [(-7)] Motor vehicle--A self-propelled device designed
for transporting persons or property on a public highway that is required
to be registered under Texas Transportation Code, Chapter 502.
(9) [(8)] Neighborhood electric vehicle--A motor vehicle
that:
(A) is originally manufactured to meet, and does meet,
the equipment requirements and safety standards established for "low-
speed vehicles" in Federal Motor Vehicle Safety Standard No. 500 (49
Code of Federal Regulations 571.500);
(B) is a slow-moving vehicle, as defined by Texas
Transportation Code, 547.001 that is able to attain a speed of more
than 20 miles per hour but not more than 25 miles per hour in one mile
on a paved, level surface;
(C) is a four-wheeled motor vehicle;
(D) is powered by electricity or alternative power
sources;
(E) has a gross vehicle weight rating of less than 3,000
pounds; and
(F) is not a golf cart.
(10) [(9)] Program--The Texas Clean Fleet Program estab-
lished under this division.
114.653. Grant Eligibility.
(a) To be eligible for a grant under the program a project must
result in nitrogen oxide emission reductions [a reduction emissions
of nitrogen oxides] of at least 25%, based on:
(1) the baseline emission level set by the executive direc-
tor; and
(2) the certified emission rate of the new vehicle or engine.
(b) The vehicle being replaced must:
(1) be an on-road vehicle that has been owned, leased, or
otherwise commercially financed, and registered and operated by the
applicant in Texas for at least the two years immediately preceding the
submission of a grant application;
(2) satisfy any minimum average annual mileage or fuel
usage requirements established by the executive director;
(3) satisfy any minimum percentage of annual usage re-
quirements established by the executive director; and(4) be in operating condition with at least two years of re-
maining useful life, as determined in accordance with criteria estab-
lished by the executive director.
(c) At the discretion of the executive director, projects that re-
sult in a 25% reduction in other pollutants may be considered eligible
for funding under this program.
(d) The executive director may establish additional criteria for
purposes of prioritizing projects for selection. Such criteria may in-
clude, but are not limited to:
(1) nonattainment status of the primary location in which
the eligible vehicles are used; or
(2) cost per ton benefits of the overall emissions being re-
duced.
(e) The executive director shall waive the requirements of sub-
section (b)(1) of this section on a finding of good cause, which may
include a waiver for short lapses in registration or operation attribut-
able to economic conditions, seasonal work, or other circumstances.
In determining good cause and deciding whether to grant a waiver, the
executive director shall ensure that the emissions reductions that will
be attributed to the project will still be valid and, where applicable,
meet the conditions for assignment for credit to the state implementa-
tion plan.
(f) In establishing more specific requirements or additional cri-
teria, as authorized under this section, for projects related to agricul-
tural product transportation, the executive director shall use as a de-
termining factor for eligibility for participation in the program estab-
lished under this division the overall accumulative net reduction in ni-
trogen oxide emissions in a nonattainment area, an affected county, or
the clean transportation triangle.
114.656. Eligible Grant Amounts.
(a) The eligible grant amount for each heavy-duty on-road ve-
hicle being replaced is up to 80%, as determined by the executive di-
rector, of the total cost for replacement. [is determined as follows-]
(() 80% of the cost for replacement of a ehiele with an
egine manufactured prior to 1988 and certified to meet the federal
emissions standards, if any applicable to the year of manufacturer
f(2) 70% of the est for replacement of a vehicle with an
engine manufactired after 1987 and before 1998 and certified to meet
the federal emission standards applicable to the year of manufature;g
6f-3 60% of the cost for replacement of a vehicle with an
engine manufactured after 1997 and before 2004 and certified to meet
the federal emission standards applicable to year of mtanufaeture and
f(4) 50% of the cost for replacement of a vehicle with an
engine manufactured after 2003 and certified to meet the federal emis-
sion standards applicable to the year of manufacture.]
(b) The eligible grant amount for each light-duty on-road ve-
hicle being replaced is up to 80%, as determined by the executive di-
rector, of the total cost for replacement. [determined as fellows]
t(1) 80% of the cost for replacement of a light-duty diesel
vehicle ef a model year prior to 1994 and ceified to meet the federal
emissions standards-, if an~ applicabletothemed l yearfthev ehie e
(2) 70% of the cest for replacement of a light-duty diesel
vehicle of a model year after ~93 and before 2004 and certified to
meet the federal emission standards applicable to the model year of the
vehi- andjPROPOSED RULES November 22, 2013 38 TexReg 8399
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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/m1/87/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.