| (a) Implementation. Participation in the Low Income
Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement
Program (LIRAP) is voluntary. An affected county may choose to participate
in the program at its discretion. Upon receiving a written request
to participate in the LIRAP by a county commissioner's court, the
executive director shall authorize the implementation of a LIRAP in
the requesting county. The executive director and county shall enter
into a grant contract for the implementation of the LIRAP.
(1) The grant contract must provide conditions, requirements,
and projected funding allowances for the implementation of the LIRAP.
(2) A participating county may contract with an entity
approved by the executive director for services necessary to implement
the LIRAP. A participating county or its designated entity shall demonstrate
to the executive director that, at a minimum, the county or its designated
entity has provided for appropriate measures for determining applicant
eligibility and repair effectiveness and ensuring against fraud.
(3) The participating county shall remain the contracted
entity even if the county contracts with another county or another
entity approved by the executive director to administer the LIRAP.
(b) Repair and retrofit assistance. A LIRAP must provide
for monetary or other compensatory assistance to eligible vehicle
owners for repairs directly related to bringing certain vehicles that
have failed a required emissions test into compliance with emissions
requirements or for installing retrofit equipment on vehicles that
have failed a required emissions test, if practically and economically
feasible, in lieu of or in combination with repairs performed to bring
a vehicle into compliance with emissions requirements. Vehicles under
the LIRAP must be repaired or retrofitted at a recognized emissions
repair facility. To determine eligibility, the participating county
or its designated entity shall make applications available for LIRAP
participants. The application, at a minimum, must require the vehicle
owner to demonstrate that:
(1) the vehicle has failed a required emissions test
within 30 days of application submittal;
(2) the vehicle can be driven under its own power to
the emissions inspection station or vehicle retirement facility;
(3) the vehicle is currently registered in and has
been registered in the participating program county for at least 12
of the 15 months immediately preceding the application for assistance;
(4) the vehicle has passed the safety portion of the
Texas Department of Public Safety (DPS) motor vehicle safety and emissions
inspection as recorded in the Vehicle Inspection Report, or provide
assurance that actions will be taken to bring the vehicle into compliance
with safety requirements;
(5) the vehicle owner's net family income is at or
below 300% of the federal poverty level; and
(6) any other requirements of the participating county
or the executive director are met.
(c) Accelerated vehicle retirement. A LIRAP must provide
monetary or other compensatory assistance to eligible vehicle owners
to be used toward the purchase of a replacement vehicle.
(1) To determine eligibility, the participating county
or its designated entity shall make applications available for LIRAP
participants. The application, at a minimum, must require the vehicle
owner to demonstrate that:
(A) the vehicle meets the requirements under subsection
(b)(1) - (3) and (5) of this section;
(B) the vehicle has passed a DPS motor vehicle safety
or safety and emissions inspection within 15 months prior to application
submittal; and
(C) any other requirements of the participating county
or the executive director are met.
(2) Eligible vehicle owners of pre-1996 model year
vehicles that pass the required United States Environmental Protection
Agency (EPA) Start-Up Acceleration Simulation Mode (ASM) standards
emissions test, but would have failed the EPA Final ASM standards
emissions test, or some other criteria determined by the commission,
may be eligible for accelerated vehicle retirement and replacement
compensation under this section.
(3) Notwithstanding the vehicle requirement provided
under subsection (b)(1) of this section, an eligible vehicle owner
of a vehicle that is gasoline powered and is at least 10 years old
as determined from the current calendar year (i.e., 2010 minus 10
years equals 2000) and meets the requirements under subsection (b)(2),
(3), and (5) of this section, may be eligible for accelerated vehicle
retirement and compensation.
(4) Replacement vehicles must:
(A) be in a class or category of vehicles that has
been certified to meet federal Tier 2, Bin 5 or cleaner Bin certification
under 40 Code of Federal Regulations (CFR) §86.1811-04 or federal
Tier 3, Bin 160 or cleaner Bin certification under 40 CFR §86.1811-17;
(B) have a gross vehicle weight rating of less than
10,000 pounds;
(C) have an odometer reading of not more than 70,000
miles;
(D) be a vehicle, the total cost of which does not
exceed $35,000 or up to $45,000 for hybrid, electric, or natural gas
vehicles, or vehicles certified as Tier 2, Bin 3 or cleaner Bin certification
under 40 CFR §86.1811-04 or federal Tier 3, Bin 85 or cleaner
Bin certification under 40 CFR §86.1811-17; and
(E) have passed a DPS motor vehicle safety inspection
or safety and emissions inspection within the 15-month period before
the application is submitted.
(d) Compensation. The participating county shall determine
eligibility and approve or deny the application promptly. If the requirements
of subsection (b) or (c) of this section are met and based on available
funding, the county shall authorize monetary or other compensations
to the eligible vehicle owner.
(1) Compensations must be:
(A) no more than $600 and no less than $30 per vehicle
annually to be used for emission-related repairs or retrofits performed
at recognized emissions repair facilities, including diagnostics tests
performed on the vehicle; or
(B) based on vehicle type and model year of a replacement
vehicle for the accelerated retirement of a vehicle meeting the requirements
under this subsection. Only one retirement compensation can be used
toward one replacement vehicle annually per applicant. The maximum
amount toward a replacement vehicle must not exceed:
(i) $3,000 for a replacement car of the current model
year or previous three model years, except as provided by clause (iii)
of this subparagraph;
(ii) $3,000 for a replacement truck of the current
model year or the previous two model years, except as provided by
clause (iii) of this subparagraph; and
(iii) $3,500 for a replacement hybrid, electric, natural
gas, and federal Tier 2, Bin 3 or cleaner Bin certification under
40 CFR §86.1811-04 or federal Tier 3, Bin 85 or cleaner Bin certification
under 40 CFR §86.1811-17 vehicle of the current model year or
the three previous model years.
(2) Vehicle owners shall be responsible for paying
the first $30 of emission-related repairs or retrofit costs that may
include diagnostics tests performed on the vehicle.
(3) For accelerated vehicle retirement, provided that
the compensation levels in paragraph (1)(B) of this subsection are
met and minimum eligibility requirements under subsection (c) of this
section are met, a participating county may set a specific level of
compensation or implement a level of compensation schedule that allows
flexibility. The following criteria may be used for determining the
amount of financial assistance:
(A) model year of the vehicle;
(B) miles registered on the vehicle's odometer;
(C) fair market value of the vehicle;
(D) estimated cost of emission-related repairs necessary
to bring the vehicle into compliance with emission standards;
(E) amount of money the vehicle owner has already spent
to bring the vehicle into compliance, excluding the cost of the vehicle
emissions inspection; and
(F) vehicle owner's income.
(e) Reimbursement for repairs and retrofits. A participating
county shall reimburse the appropriate recognized emissions repair
facility for approved repairs and retrofits within 30 calendar days
of receiving an invoice that meets the requirements of the county
or designated entity. Repaired or retrofitted vehicles must pass a
DPS safety and emissions inspection before the recognized emissions
repair facility is reimbursed. In the event that the vehicle does
not pass the emissions retest after diagnosed repairs are performed,
the participating county has the discretion, on a case-by-case basis,
to make payment for diagnosed emissions repair work performed.
Cont'd... |
