HEALTH AND SAFETY CODE

TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY

SUBTITLE C. AIR QUALITY

For expiration of this chapter, see Section 390.006.

CHAPTER 390.  CLEAN SCHOOL BUS PROGRAM

Sec. 390.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Texas Commission on Environmental Quality.
(1-a)  "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 (H.B. 3469), Sec. 4, eff. June 17, 2005.
Amended by: 
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(h-1), eff. August 30, 2017.

Sec. 390.002.  PROGRAM.  (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;
(5)  other technologies that the commission finds will bring about significant emissions reductions; and
(6)  replacement of a pre-2007 model year school bus.
Added by Acts 2005, 79th Leg., Ch. 766 (H.B. 3469), Sec. 4, eff. June 17, 2005.
Amended by: 
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(h-2), eff. August 30, 2017.

Sec. 390.003.  APPLICATION FOR GRANT.  (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 (H.B. 3469), Sec. 4, eff. June 17, 2005.

Sec. 390.004.  ELIGIBILITY OF PROJECTS FOR GRANTS.  (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.
(c)  A school bus proposed for replacement must:
(1)  be of model year 2006 or earlier;
(2)  have been owned and operated by the applicant for at least the two years before submission of the grant application; 
(3)  be in good operational condition; and
(4)  be currently used on a regular, daily route to and from a school.
(d)  A school bus proposed for purchase to replace a pre-2007 model year school bus must be of the current model year or the year before the current model year at the time of submission of the grant application.
Added by Acts 2005, 79th Leg., Ch. 766 (H.B. 3469), Sec. 4, eff. June 17, 2005.
Amended by: 
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(i), eff. August 30, 2017.

Sec. 390.005.  RESTRICTION ON USE OF GRANT.  (a)  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.
(b)  A school bus acquired to replace an existing school bus must be purchased and the grant recipient must agree to own and operate the school bus on a regular, daily route to and from a school for at least five years after a start date established by the commission, based on the date the commission accepts documentation of the permanent destruction or permanent removal of the school bus being replaced.
(c)  A school bus replaced under this program must be rendered permanently inoperable by crushing the bus, by making a hole in the engine block and permanently destroying the frame of the bus, or by another method approved by the commission, or be permanently removed from operation in this state.  The commission shall establish criteria for ensuring the permanent destruction or permanent removal of the engine or bus.  The commission shall enforce the destruction and removal requirements.
(d)  In this section, "permanent removal" means the permanent export of a school bus or the engine of a school bus to a destination outside of the United States, Canada, or the United Mexican States.
Added by Acts 2005, 79th Leg., Ch. 766 (H.B. 3469), Sec. 4, eff. June 17, 2005.
Amended by: 
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(i-1), eff. August 30, 2017.

Sec. 390.006.  EXPIRATION.  This chapter expires on the last day of the state fiscal biennium during which the commission publishes in the Texas Register the notice required by Section 382.037.
Added by Acts 2005, 79th Leg., Ch. 766 (H.B. 3469), Sec. 4, eff. June 17, 2005.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 1125 (H.B. 1796), Sec. 17, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(i-2), eff. August 30, 2017.