2005 Texas Health & Safety Code CHAPTER 390. CLEAN SCHOOL BUS PROGRAM

HEALTH & SAFETY CODE

CHAPTER 390. CLEAN SCHOOL BUS PROGRAM


	§ 390.001. DEFINITIONS.                                                     

Text of section effective until August 31, 2013
	In this chapter:                                                               
		(1)  "Diesel exhaust" means one or more of the air 
pollutants emitted from an engine by the combustion of diesel fuel, 
including particulate matter, nitrogen oxides, volatile organic 
compounds, air toxics, and carbon monoxide.
		(2)  "Incremental cost" has the meaning assigned by 
Section 386.001.        
		(3)  "Program" means the clean school bus program 
established under this chapter.
		(4)  "Qualifying fuel" includes any liquid or gaseous 
fuel or additive registered or verified by the United States 
Environmental Protection Agency, other than standard gasoline or 
diesel, that is ultimately dispensed into a school bus that 
provides reductions of emissions of particulate matter.
		(5)  "Retrofit" has the meaning assigned by Section 
386.101.                

Added by Acts 2005, 79th Leg., ch. 766, § 4, eff. June 17, 2005.           


	§ 390.002. PROGRAM.                                                         

Text of section effective until August 31, 2013
	(a)  The commission shall establish and administer a clean 
school bus program designed to reduce the exposure of school 
children to diesel exhaust in and around diesel-fueled school 
buses.  Under the program, the commission shall provide grants for 
eligible projects to offset the incremental cost of projects that 
reduce emissions of diesel exhaust.
	(b)  Projects that may be considered for a grant under the 
program include:  
		(1)  diesel oxidation catalysts for school buses built 
before 1994;         
		(2)  diesel particulate filters for school buses built 
from 1994 to 1998;   
		(3)  the purchase and use of emission-reducing add-on 
equipment for school buses, including devices that reduce crankcase 
emissions;
		(4)  the use of qualifying fuel;  and                                         
		(5)  other technologies that the commission finds will 
bring about significant emissions reductions.

Added by Acts 2005, 79th Leg., ch. 766, § 4, eff. June 17, 2005.           


	§ 390.003. APPLICATION FOR GRANT.                                           

Text of section effective until August 31, 2013
	(a)  A school district in this state that operates one or 
more diesel-fueled school buses or a transportation system provided 
by a countywide school district may apply for and receive a grant 
under the program.
	(b)  The commission may adopt guidelines to allow a regional 
planning commission, council of governments, or similar regional 
planning agency created under Chapter 391, Local Government Code, 
or a private nonprofit organization to also apply for and receive a 
grant to improve the ability of the program to achieve its goals.
	(c)  An application for a grant under this chapter must be 
made on a form provided by the commission and must contain the 
information required by the commission.

Added by Acts 2005, 79th Leg., ch. 766, § 4, eff. June 17, 2005.           


	§ 390.004. ELIGIBILITY OF PROJECTS FOR GRANTS.                              

Text of section effective until August 31, 2013
	(a)  The commission by rule shall establish criteria for 
setting priorities for projects eligible to receive grants under 
this chapter.  The commission shall review and may modify the 
criteria and priorities as appropriate.
	(b)  A school bus proposed for retrofit must be used on a 
regular, daily route to and from a school and have at least five 
years of useful life remaining unless the applicant agrees to 
remove the retrofit device at the end of the life of the bus and 
reinstall the device on another bus.

Added by Acts 2005, 79th Leg., ch. 766, § 4, eff. June 17, 2005.           


	§ 390.005. RESTRICTION ON USE OF GRANT.                                     

Text of section effective until August 31, 2013
	A recipient of a grant under this chapter shall use the grant 
to pay the incremental costs of the project for which the grant is 
made, which may include the reasonable and necessary expenses 
incurred for the labor needed to install emissions-reducing 
equipment.  The recipient may not use the grant to pay the 
recipient's administrative expenses.

Added by Acts 2005, 79th Leg., ch. 766, § 4, eff. June 17, 2005.           


	§ 390.006. EXPIRATION.                                                      

Text of section effective until August 31, 2013
	This chapter expires August 31, 2013.                                          

Added by Acts 2005, 79th Leg., ch. 766, § 4, eff. June 17, 2005.