CHAPTER 390. CLEAN SCHOOL BUS PROGRAM
HEALTH AND SAFETY CODE
TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY
SUBTITLE C. AIR QUALITY
CHAPTER 390. CLEAN SCHOOL BUS PROGRAM
For expiration of this chapter, see Section 390.006.
Sec. 390.001. DEFINITIONS. 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, Sec. 4, eff. June 17, 2005.
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; and
(5) other technologies that the commission finds will bring
about significant emissions reductions.
Added by Acts 2005, 79th Leg., Ch.
766, Sec. 4, eff. June 17, 2005.
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, 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.
Added by Acts 2005, 79th Leg., Ch.
766, Sec. 4, eff. June 17, 2005.
Sec. 390.005. RESTRICTION ON USE OF GRANT. 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, Sec. 4, eff. June 17, 2005.
Sec. 390.006. EXPIRATION. This chapter expires August 31, 2019.
Added by Acts 2005, 79th Leg., Ch.
766, Sec. 4, eff. June 17, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1125, Sec. 17, eff. September 1, 2009.