Texas Health And Safety Code Title 5, Chapter 391 - New Technology Implementation For Facilities And Stationary Sources

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 391.001 - Definitions
  In this chapter: (1) "Best available control technology" has the meaning assigned by Section 169 of the federal Clean Air Act (42 U.S.C. Section 7479(3))....
• Texas Section 391.002 - Grant Program
  (a) The commission shall establish and administer a new technology implementation grant program to assist the implementation of new technologies to reduce emissions from facilities...
• Texas Section 391.003 - Guidelines And Criteria
  (a) The commission shall adopt grant guidelines and criteria consistent with the requirements of this chapter. (b) The guidelines must include: (1) protocols to compute...

SUBCHAPTER B GRANT APPLICATIONS AND REVIEW

• Texas Section 391.004 - Availability Of Emissions Reduction Credits In Certain Nonattainment Areas
  A project funded under this chapter must comply with Sections 386.055 and 386.056, as applicable. Added by Acts 2009, 81st Leg., R.S., Ch. 1125 (H.B....
• Texas Section 391.101 - Application For Grant
  (a) The owner of a facility located in this state may apply for a grant under the program established under Section 391.002. To improve the...
• Texas Section 391.102 - Grant Application Review Procedures
  (a) The commission shall review an application for a grant for a project authorized under this chapter according to dates specified in a request for...
• Texas Section 391.103 - Evidence Of Emissions Reduction Potential Required
  (a) An application for a new technology implementation grant under this chapter must show reasonable evidence that the proposed technology is capable of providing a...

SUBCHAPTER C PROJECT REQUIREMENTS

• Texas Section 391.104 - Reporting Requirements
  The commission annually shall prepare a report that summarizes the applications received and grants awarded in the preceding year. Preparation of the report must include...
• Texas Section 391.201 - Eligibility Of Projects For Grants
  (a) The commission shall establish criteria for prioritizing projects eligible to receive grants under this chapter. The commission shall review and may modify the criteria...
• Texas Section 391.202 - Evaluating Cost-effectiveness
  The commission shall establish reasonable methodologies for evaluating project cost-effectiveness, consistent with accepted methods. Added by Acts 2009, 81st Leg., R.S., Ch. 1125 (H.B. 1796),...
• Texas Section 391.203 - Determination Of Grant Amount
  (a) The commission may not award a grant that, net of taxes, provides an amount that exceeds the incremental cost of the proposed project. (b)...
• Texas Section 391.204 - Cost Sharing; Recapturing Grant
  (a) The commission shall require an applicant to bear at least 50 percent of the costs of implementing a project funded under this chapter. (b)...

SUBCHAPTER D FUNDING; EXPIRATION

• Texas Section 391.205 - Preferences
  (a) Except as provided by Subsection (c), in awarding grants under this chapter the commission shall give preference to projects that: (1) use natural resources...
• Texas Section 391.301 - Restriction On Use Of Grant
  A recipient of a grant under this chapter must use the grant to pay the incremental costs of the purchase and installation of the project...
• Texas Section 391.302 - Comptroller Review Of Use Of Grant Funds
  (a) The comptroller annually shall conduct a review of each recipient of a new technology implementation grant under this chapter to ensure that the recipient's...
• Texas Section 391.303 - Time Of Use Of Grant Funding
  Money appropriated for grants to be made by the commission under this chapter for a fiscal year may be distributed in subsequent fiscal years if...
• Texas Section 391.304 - Expiration
  This chapter expires August 31, 2019. Added by Acts 2009, 81st Leg., R.S., Ch. 1125 (H.B. 1796), Sec. 9, eff. September 1, 2009.

Last modified: September 28, 2016