| (a) The provisions of §§114.600, 114.602, 114.604,
and 114.609 of this title (relating to Definitions; On-Road Diesel Vehicle
Purchase or Lease Incentive Requirements; On-Road Diesel Purchase or Lease
Incentive Reporting Requirements; and On-Road Diesel Vehicle Purchase or Lease
Incentive Schedule) apply statewide subject to the availability of funding.
(b) A purchase or lease of an on-road diesel motor vehicle
is not eligible if it is required by any state or federal law, rule or regulation,
memorandum of agreement, or other legally binding document. This subsection
does not apply to:
(1) an otherwise qualified purchase or lease, regardless of
the fact that the state implementation plan assumes that the change in vehicles
will occur, if on the date the incentive is awarded the change is not required
by any state or federal law, rule or regulation, memorandum of agreement,
or other legally binding document; or
(2) the purchase or lease of an on-road diesel motor vehicle
required only by local law or regulation or by corporate or controlling board
policy of a public or private entity.
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