Texas Register, Volume 36, Number 44, Pages 7417-7610, November 4, 2011 Page: 7,470
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criteria could experience cost benefits if they qualify for a grant
that allows them to purchase or lease a replacement vehicle at
a reduced cost. Some examples of qualifying vehicles include
commercial trucks, school buses, and transit buses. Applying
for a grant would be voluntary, and it is not known at this time
how many state agencies or local governments would do so. Un-
der current rules, the typical grant award ranges from $50,000
to $100,000.
Public Benefits and Costs
Nina Chamness also determined that for each of the first five
years the proposed rule is in effect, the anticipated public benefit
will be an improvement in air quality in the 41 counties eligible to
receive TERP incentive grant funding since a greater number of
vehicles will become eligible for replacement using grant funds.
The proposed rule may not have a significant fiscal impact on
individuals unless they qualify for a TERP grant. Individuals that
can utilize TERP funding should experience the same cost ben-
efits as a local government or large business.
Businesses that operate leased vehicles and vehicles that meet
the reduced period of use under the proposed rule could expe-
rience cost benefits if they are eligible to purchase replacement
vehicles or engines with TERP funds. Under current rule, the
typical grant award for replacement vehicles or engines ranges
from $50,000 to $100,000. Sellers of replacement vehicles or
engines could see revenue increase since the proposed rule has
the potential to increase the sales volumes of qualifying vehicles.
Staff is not able to determine how many additional businesses or
individuals would experience increases in sales or become eli-
gible to apply for a grant as a result of these changes.
Small Business and Micro-Business Assessment
No adverse fiscal implications are anticipated for small or mi-
cro-businesses as a result of the proposed rule. The proposed
rule may make it easier for a small or micro-business to qualify
for a grant under the program, especially if they lease qualifying
vehicles or their vehicles meet the revised period of use crite-
ria. Small or micro-businesses are expected to experience the
same benefits as a large business either when buying a vehicle
or replacement engine or when selling or leasing a replacement
vehicle or engine. Staff is not able to determine how many addi-
tional small and micro-businesses may become eligible to apply
for a grant or experience increased sales as a result of these
changes.
Small Business Regulatory Flexibility Analysis
The commission has reviewed this proposed rulemaking and de-
termined that a small business regulatory flexibility analysis is not
required because the proposed rule is required by state law and
does not adversely affect a small or micro-business in a material
way for the first five years that the proposed rule is in effect.
Local Employment Impact Statement
The commission has reviewed this proposed rulemaking and de-
termined that a local employment impact statement is not re-
quired because the proposed rule does not adversely affect a
local economy in a material way for the first five years that the
proposed rule is in effect.
Draft Regulatory Impact Analysis Determination
The commission reviewed the rulemaking in light of the reg-
ulatory analysis requirements of Texas Government Code,
2001.0225, and determined that this rule action is not subjectto Texas Government Code, 2001.0225, because it does not
meet the definition of a "major environmental rule" as defined
in that statute. A "major environmental rule" means a rule the
specific intent of which is to protect the environment or reduce
risks to human health from environmental exposure and that
may adversely affect in a material way the economy, productiv-
ity, competition, jobs, the environment, or the public health and
safety of the state or a sector of the state.
The amended Chapter 114 rule is proposed in accordance with
HB 3399, which amended THSC, Chapter 386. The proposed
rule adds or revises eligibility requirements for a voluntary grant.
Because the proposed rule places no involuntary requirements
on the regulated community, the proposed rule will not adversely
affect in a material way the economy, a sector of the economy,
productivity, competition, jobs, the environment, or the public
health and safety of the state or a sector of the state. In addition,
this amendment does not place additional financial burdens on
the regulated community.
In addition, a regulatory impact analysis is not required because
the proposed rule does not meet any of the four applicability cri-
teria for requiring a regulatory analysis of a "major environmental
rule" as defined in the Texas Government Code. Texas Govern-
ment Code, 2001.0225, applies only to a major environmental
rule the result of which is to: 1) exceed a standard set by fed-
eral law, unless the rule is specifically required by state law; 2)
exceed an express requirement of state law, unless the rule is
specifically required by federal law; 3) exceed a requirement of
a delegation agreement or contract between the state and an
agency or representative of the federal government to implement
a state and federal program; or 4) adopt a rule solely under the
general powers of the agency instead of under a specific state
law. This rulemaking does not exceed a standard set by federal
law. In addition, this rulemaking does not exceed an express
requirement of state law and is not proposed solely under the
general powers of the agency, but is specifically authorized by
the provisions cited in the Statutory Authority section of this pre-
amble. Finally, this rulemaking does not exceed a requirement
of a delegation agreement or contract to implement a state and
federal program.
The commission invites public comment on the draft regulatory
impact analysis determination. Written comments on the draft
regulatory impact analysis determination may be submitted to
the contact person at the address listed under the Submittal of
Comments section of this preamble.
Takings Impact Assessment
The commission evaluated this rulemaking action and performed
an analysis of whether the proposed rule is subject to Texas Gov-
ernment Code, Chapter 2007. The primary purpose of the rule-
making is to amend Chapter 114 in accordance with HB 3399.
The rule makes revisions to a voluntary program and only af-
fects motor vehicles and equipment that are not considered to
be private real property. The promulgation and enforcement of
the proposed rule is neither a statutory nor a constitutional tak-
ing because it does not affect private real property. Therefore,
the rule does not constitute a taking under Texas Government
Code, Chapter 2007.
Consistency with the Coastal Management Program
The commission reviewed the proposed rulemaking and found
the proposal is a rulemaking identified in the Coastal Coordina-
tion Act Implementation Rules, 31 TAC 505.11(b)(2), concern-
ing rules subject to the Texas Coastal Management Program36 TexReg 7470 November 4, 2011 Texas Register
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Texas. Secretary of State. Texas Register, Volume 36, Number 44, Pages 7417-7610, November 4, 2011, periodical, November 4, 2011; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth193249/m1/52/: accessed April 23, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.