2005 Texas Health & Safety Code CHAPTER 387. NEW TECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM

HEALTH & SAFETY CODE

CHAPTER 387. NEW TECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM


	§ 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, § 1(b), eff. Sept. 1, 
2001.  Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 11, § 4, 
eff. Oct. 20, 2003.


	§ 387.003. NEW TECHNOLOGY RESEARCH AND DEVELOPMENT 
PROGRAM.  (a) The nonprofit organization described by Section 
386.252(a)(2), under a contract with the commission as described by 
that section, shall establish and administer a new technology 
research and development program as provided by this chapter.
	(b)  Under the program, the commission shall provide grants 
to be used to support development of emissions-reducing 
technologies that may be used for projects eligible for awards 
under Chapter 386 and other new technologies that show promise for 
commercialization.  The primary objective of this chapter is to 
promote the development of commercialization technologies that 
will support projects that may be funded under Chapter 386 and this 
chapter, including advanced technologies such as fuel cells, 
catalysts, and fuel additives.

Added by Acts 2001, 77th Leg., ch. 967, § 1(b), eff. Sept. 1, 
2001.  Amended by Acts 2003, 78th Leg., ch. 29, § 2, eff. May 14, 
2003;  Acts 2003, 78th Leg., ch. 1331, § 13, eff. June 20, 2003;  
Acts 2003, 78th Leg., 3rd C.S., ch. 11, § 6, eff. Oct. 20, 2003;  
Acts 2005, 79th Leg., ch. 1125, § 13, eff. Sept. 1, 2005.


	§ 387.004. SOLICITATION OF NEW TECHNOLOGY PROPOSALS.  The 
commission from time to time shall 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, § 1(b), eff. Sept. 1, 
2001.  Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 11, § 7, 
eff. Oct. 20, 2003.


	§ 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 to reduce 
emissions from the existing stock of vehicles targeted by the Texas 
emissions reduction plan;
		(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)  studies to improve air quality assessment and 
modeling;  and           
		(4)advanced technologies that reduce emissions from 
other significant sources.
	(b)  The commission 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)  Studies authorized under Subsection (a)(3) shall be 
consistent with air quality research priorities identified by the 
commission and conducted in an independent and objective manner.
	(f)  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.

Added by Acts 2001, 77th Leg., ch. 967, § 1(b), eff. Sept. 1, 
2001.  Amended by Acts 2003, 78th Leg., ch. 29, § 3, eff. May 14, 
2003;  Acts 2003, 78th Leg., 3rd C.S., ch. 11, § 8, eff. Oct. 20, 
2003;  Acts 2005, 79th Leg., ch. 1125, § 14, eff. Sept. 1, 2005.


	§ 387.006. EVIDENCE OF COMMERCIALIZATION POTENTIAL 
REQUIRED.  (a) An application for a technology grant under this 
chapter must show clear and compelling evidence that:
		(1)  the proposed technology project has a strong 
commercialization plan and organization;  and
		(2)  the technology proposed for funding:                                     
			(A)  is likely to be offered for commercial sale 
in this state as soon as practicable but no later than five years 
after the date of the application for funding;  and
			(B)  once commercialized, will offer 
opportunities for projects eligible for funding under Chapter 386.
	(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;
		(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, § 1(b), eff. Sept. 1, 
2001.  Amended by Acts 2003, 78th Leg., ch. 1331, § 14, eff. June 
20, 2003;  Acts 2003, 78th Leg., 3rd C.S., ch. 11, § 9, eff. Oct. 
20, 2003.


	§ 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, § 1(b), eff. Sept. 1, 
2001.  Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 11, § 10, 
eff. Oct. 20, 2003.


	§ 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, § 1(b), eff. Sept. 1, 
2001.  Amended by Acts 2003, 78th Leg., ch. 29, § 4, eff. May 14, 
2003;  Acts 2003, 78th Leg., 3rd C.S., ch. 11, § 11, eff. Oct. 20, 
2003.


	§ 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, § 1(b), eff. Sept. 1, 
2001.  Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 11, § 12, 
eff. Oct. 20, 2003.