Tex. Health & Safety Code § 386.056 · Subchapter B. TEXAS EMISSIONS REDUCTION PLAN
AVAILABILITY OF EMISSIONS REDUCTIONS IN CERTAIN NONATTAINMENT AREAS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) An owner or operator of a site located in the Houston-Galveston or Dallas-Fort Worth nonattainment area may use emissions reductions generated by a program established under this chapter to offset the requirements of commission rules relating to control of air pollution from oxides of nitrogen if:
(1) the owner or operator of the site contributes to the fund $75,000 for each ton of emissions that is used, not to exceed 25 tons annually and not to exceed one-half ton per day;
(2) the owner or operator of the site demonstrates to the commission's satisfaction that the site will be in full compliance with the commission's emissions reduction rules not later than the fifth anniversary of the date on which the emissions reductions would otherwise be required;
(3) emissions from the site are reduced by at least 80 percent from the established baseline; and
(4) the commission approves a petition by the owner or operator that demonstrates that it is technically infeasible to comply with the commission's emissions reduction requirements above 80 percent.
(b) Funds collected under this section shall be used to generate emissions reductions needed to meet the commission's attainment demonstration.
(c) The commission shall verify that emissions reductions generated from funds collected under this section occur in the same nonattainment area in which the site that purchased the emissions reductions is located.
(d) The commission shall assure that the emissions reductions funded under the programs authorized by this subchapter used to offset commission requirements under this section benefit the community in which the site using the emissions reductions is located. If there are no eligible emissions reduction projects within the community, the commission may authorize projects in an adjacent community. In this subsection, "community" means a justice of the peace precinct.
(e) The commission shall assure that emission reduction credits may be received in the Houston-Galveston nonattainment area for energy efficiency and urban heat island programs in connection with the State Implementation Plan for the eight-hour ozone standard.
Notes and commentary — not statutory text
History
Added by Acts 2001, 77th Leg., ch. 967, Sec. 1(b), eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1095 (H.B. 2129), Sec. 2, eff. September 1, 2005.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.386.htm
- Text hash
- sha256 72f7a884924b88b1d978d868a4c66fee1dd5c10b9aa465a622bc21d87119cfe7
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 3 provisions
Provisions in this library whose text cites Tex. Health & Safety Code § 386.056. Each shows the citation as that text prints it.
Health and Safety Code
- Tex. Health & Safety Code § 386.055AVAILABILITY OF EMISSIONS REDUCTION CREDITS GENERALLY.Printed as Section 386.056
- Tex. Health & Safety Code § 386.250TEXAS EMISSIONS REDUCTION PLAN FUND.Printed as Section 386.056
- Tex. Health & Safety Code § 391.004AVAILABILITY OF EMISSIONS REDUCTION CREDITS IN CERTAIN NONATTAINMENT AREAS.Printed as Sections 386.055 and 386.056
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.