30 Tex. Admin. Code § 114.7 - Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program Definitions
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.
Notes
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