Unless specifically defined in the Texas Clean Air Act (TCAA)
or in the rules of the commission, the terms used in this chapter
have the meanings commonly ascribed to them in the field of air pollution
control. In addition to the terms which are defined by the TCAA, §§3.2,
101.1, and 114.1 of this title (relating to Definitions), the following
words and terms, when used in Subchapter C, Division 2 of this chapter
(relating to Low Income Vehicle Repair Assistance, Retrofit, and Accelerated
Vehicle Retirement Program) have the following meanings, unless the
context clearly indicates otherwise.
(1) Affected county--A county with a motor vehicle
emissions inspection and maintenance program established under Texas
Transportation Code, §548.301.
(2) Automobile dealership--A business that regularly
and actively buys, sells, or exchanges vehicles at an established
and permanent location as defined under Texas Transportation Code, §503.301.
The term includes a franchised motor vehicle dealer and an independent
motor vehicle dealer.
(3) Car--A motor vehicle, other than a golf cart, truck
or bus, designed or used primarily for the transportation of persons.
A passenger van or sports utility vehicle may be considered a car
under this section.
(4) Commercial vehicle--A vehicle that is owned or
leased in the regular course of business of a commercial or business
entity.
(5) Destroyed--Crushed, shredded, scrapped, or otherwise
dismantled to render a vehicle, vehicle's engine, or emission control
components permanently and irreversibly incapable of functioning as
originally intended.
(6) Dismantled--Extraction of parts, components, and
accessories for use in the Low Income Vehicle Repair Assistance, Retrofit,
and Accelerated Vehicle Retirement Program or sold as used parts.
(7) Electric vehicle--A motor vehicle that draws propulsion
energy only from a rechargeable energy storage system.
(8) Emissions control equipment--Relating to a motor
vehicle that is subject to §114.50(a) of this title (relating
to Vehicle Emissions Inspection Requirements). If the vehicle is so
equipped, these include: exhaust gas recirculation system, power control
module, catalytic converter, oxygen sensors, evaporative purge canister,
positive crankcase ventilation valve, and gas cap.
(9) Engine--The fuel-based mechanical power source
of a motor vehicle that is subject to §114.50(a) of this title
(relating to Vehicle Emissions Inspection Requirements), which includes
the crankcase, cylinder block, and cylinder head(s) and their initial
internal components, the oil pan and cylinder head valve covers, and
the intake and exhaust manifolds.
(10) Fleet vehicle--A motor vehicle operated as one
of a group that consists of more than ten motor vehicles and that
is owned and operated by a public or commercial entity or by a private
entity other than a single household.
(11) Hybrid vehicle--A motor vehicle that draws propulsion
energy from both gasoline or conventional diesel fuel and a rechargeable
energy storage system.
(12) LIRAP--Low Income Vehicle Repair Assistance, Retrofit,
and Accelerated Vehicle Retirement Program.
(13) LIRAP fee--The portion of the vehicle emissions
inspection fee that is required to be remitted to the state at the
time of annual vehicle registration, as authorized by Texas Health
and Safety Code, §382.202, in counties participating in the Low
Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle
Retirement Program.
(14) LIRAP fee termination date--The first day of the
month for the month that the Texas Department of Motor Vehicles issues
registration notices without the Low Income Vehicle Repair Assistance,
Retrofit, and Accelerated Vehicle Retirement Program (LIRAP) fee,
as defined in this section, in a participating county opting out of
the LIRAP.
(15) LIRAP opt-out effective date--The date upon which
a county that was participating in the Low Income Vehicle Repair Assistance,
Retrofit, and Accelerated Vehicle Retirement Program (LIRAP) becomes
a non-participating county, which occurs when the grant contract between
the county and the executive director, established in §114.64(a)
of this title (relating to LIRAP Requirements), is ended, but no earlier
than the LIRAP fee termination effective date.
(16) Motor vehicle--A fully self-propelled vehicle
having four wheels that has as its primary purpose the transport of
a person, persons, or property on a public highway.
(17) Natural gas vehicle--A motor vehicle that uses
only compressed natural gas or liquefied natural gas as fuel.
(18) Non-participating county--An affected county that
has either:
(A) not opted into the Low Income Vehicle Repair Assistance,
Retrofit, and Accelerated Vehicle Retirement Program (LIRAP) authorized
by Texas Health and Safety Code, §382.209; or
(B) opted out of the LIRAP according to the procedures
specified in §114.64(g) of this title (relating to LIRAP Requirements)
and has been released from all program requirements, including assessment
of the LIRAP fee as defined in this section and participation in LIRAP
grant programs.
(19) Participating county--An affected county in which
the commissioners court by resolution has chosen to implement a Low
Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle
Retirement Program (LIRAP) authorized by Texas Health and Safety Code, §382.209.
An affected county that is in the process of opting out of the LIRAP
is considered a participating county until the LIRAP opt-out effective
date as defined in this section.
(20) Proof of sale--A notice of sale or transfer filed
with the Texas Department of Motor Vehicles as required under Texas
Transportation Code, §503.005, or if unavailable, an affidavit
from the selling dealer or documents approved by the commission.
(21) Proof of transfer--A TCEQ form that identifies
the vehicle to be destroyed and tracks the transfer of the vehicle
to the recycler from the participating county, automobile dealer,
and dismantler.
(22) Qualifying motor vehicle--A motor vehicle that
meets the requirements for replacement in §114.64 of this title
(relating to LIRAP Requirements).
(23) Recognized emissions repair facility--An automotive
repair facility as provided in 37 Texas Administrative Code §23.51
(relating to Vehicle Emissions Inspection Requirements).
(24) Recycled--Conversion of metal or other material
into raw material products that have prepared grades; an existing
or potential economic value; and using these raw material products
in the production of new products.
(25) Replacement vehicle--A vehicle that is 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 §86.1811-04
or federal Tier 3, Bin 160 or cleaner Bin certification under 40 Code
of Federal Regulations (CFR) §86.1811-17; has a gross vehicle
weight rating of less than 10,000 pounds; have an odometer reading
of not more than 70,000 miles; the total cost does not exceed $35,000
and 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; has passed a Texas Department of Public
Safety motor vehicle safety inspection or safety and emissions inspection
within the 15-month period before the application is submitted.
(26) Retrofit--To equip, or the equipping of, an engine
or an exhaust or fuel system with new, emissions-reducing parts or
equipment designed to reduce air emissions and improve air quality,
after the manufacture of the original engine or exhaust or fuel system,
so long as the parts or equipment allow the vehicle to meet or exceed
state and federal air emissions reduction standards.
(27) Retrofit equipment--Emissions-reducing equipment
designed to reduce air emissions and improve air quality that is approved
by the United States Environmental Protection Agency and is installed
after the manufacture of the original engine, exhaust, or fuel system.
(28) Total cost--The total amount of money paid or
to be paid for the purchase of a motor vehicle as set forth as the
sales price in the form entitled "Application for Texas Certificate
of Title" promulgated by the Texas Department of Motor Vehicles.
In a transaction that does not involve the use of that form, the term
means an amount of money that is equivalent, or substantially equivalent,
to the amount that would appear as the sales price on the application
for Texas Certificate of Title if that form were used.
(29) Truck--A motor vehicle having a gross vehicle
weight rating of less than 10,000 pounds and designed primarily for
the transport of persons and cargo.
(30) Vehicle--A motor vehicle subject to §114.50(a)
of this title (relating to Vehicle Emissions Inspection Requirements).
(31) Vehicle owner--For the purposes of repair assistance
or retrofit, the person who holds the Certificate of Title for the
vehicle and/or the operator who is granted possession and is authorized
to make repairs under a lease or purchase agreement; and for the purposes
of accelerated retirement, the person who holds the Certificate of
Title for the vehicle.
(32) Vehicle retirement facility--A facility that,
at a minimum, is licensed, certified, or otherwise authorized by the
Texas Department of Motor Vehicles to destroy, recycle, or dismantle
vehicles.
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