31 Tex. Admin. Code § 655.5 - Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Act--Texas Natural Resources Code, Chapter 113.

(2) Alternative fuel (also referred to as "environmentally beneficial fuel" and "clean-burning fuel")--This term means:

(A) natural gas;

(B) liquefied petroleum gas;

(C) electricity;

(D) methanol or methanol/gasoline blends of 85% (M85) or greater;

(E) ethanol or ethanol/gasoline blend of 85% (E85), or greater; or

(F) hydrogen.

(3) Alternative fuel vehicles (also referred to as "clean-fuel vehicles")--A vehicle:

(A) capable of operating on an alternative fuel;

(B) approved by the Texas Natural Resource Conservation Commission (TNRCC) for emissions; and

(C) having a fuel system certified or approved by the Railroad Commission of Texas for safety, if applicable.

(4) Applicant--An individual, business, state agency, county, municipality, school district, institution of higher education, health care facility, or mass transit authority seeking to obtain a loan, grant, or other disbursement from the council.

(5) Bi-fuel vehicle--A vehicle capable of operating on an alternative fuel or a conventional fuel but not on both at the same time.

(6) Chairman--The chairman of the council.

(7) Council--The Alternative Fuels Council as established by Texas Natural Resources Code, Chapter 113.

(8) Conversion--This term means:

(A) the replacement of gasoline or diesel-powered fleet vehicles with alternative fuel vehicles to achieve greater alternative fuel vehicle composition in the fleet; or

(B) the retrofitting or upfitting of a gasoline or diesel-powered vehicle with an alternative fuel fueling system.

(9) Designee--Individual employed by a council member's agency, board, or commission designated by that council member to act on his or her behalf.

(10) Dual-fueled vehicle--A vehicle capable of operating on two different fuels simultaneously, at least one of which is an alternative fuel.

(11) Fuel system--Electrical or mechanical devices on board a vehicle for delivery of fuel to the vehicle engine, as defined by the Railroad Commission of Texas, where applicable.

(12) Historically underutilized business--This term means:

(A) a corporation formed for the purpose of making a profit in which at least 51% of all classes of the shares of stock or other equitable securities are owned by one or more persons who have been historically underutilized because of their identification as women or as members of certain minority groups, including Black Americans, Hispanic Americans, Asian Pacific Americans, and Native Americans who have suffered the effects of discriminatory practices or similar invidious circumstances over which they have no control;

(B) a sole proprietorship for the purpose of making profit that is 100% owned, operated, and controlled by a person described in subparagraph (A) of this definition;

(C) a partnership for the purpose of making a profit in which at least 51% of the assets and interest in the partnership is owned by one or more persons described in subparagraph (A) of this definition. Those persons must have a proportionate interest in the control, operation, and management of the partnership's affairs;

(D) a joint venture in which each entity in the joint venture is a historically underutilized business under this subsection; or

(E) a supplier contract between a historically underutilized business under this subsection and a prime contractor under which the historically underutilized business is directly and regularly involved in the manufacture or distribution of the supplies or materials or otherwise warehouses and ships the supplies.

(13) Joint venture--An undertaking between a private person or firm and an agency of the State of Texas or political subdivision thereof or an undertaking between two or more agencies of the State of Texas or political subdivisions thereof entered into for the purpose of engaging in a specific alternative fuel related project or series of projects for mutual profit or benefit.

(14) Member--A member of the council or his or her designee as provided by Texas Natural Resources Code, § 113.283.

(15) Minority-owned business--A historically underutilized business in which the underutilized person or persons is a member of a minority group.

(16) Motor fuel system--A natural gas or liquid petroleum gas system, as defined by the Railroad Commission of Texas.

(17) Nonattainment--A term used to define an area in which the ambient air quality does not meet an applicable National Ambient Air Quality Standard (NAAQS). NAAQS have been promulgated by the Environmental Protection Agency (EPA) establishing the maximum concentration of criteria pollutants in the ambient air.

(18) Original equipment manufacturer (OEM)--A final stage manufacturer or the final assembler before the vehicle is delivered to the consumer. OEMs accept responsibility for vehicle warranty as required by federal and state laws and retain all liability for their product, after the sale, for meeting all vehicle validation and certification requirements.

(19) OEM vehicle--A vehicle built by an OEM.

(20) Person--Any natural person, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency.

(21) Proceeding--All hearings and other matters conducted at the direction of the council on an application, from docketing of an application to final council decision on an application.

(22) Refueling infrastructure--Refueling facilities (whether one or more) necessary to dispense alternative fuel to alternative fuel vehicles. A refueling facility is any depreciable property, including a building and its structural components, designed for the storage and dispensing of an alternative fuel into a fuel tank of a motor vehicle or for the purpose of recharging electric vehicles (EVs) at the point where recharging occurs. Refueling infrastructure does not include natural gas pipelines or distribution lines or electric distribution lines located outside the boundaries of the property on which a refueling facility is located.

(23) State implementation plan (SIP)--A plan, or subsequent revisions thereto, promulgated by a state to implement the state's regulatory obligations under the Federal Clean Air Act, such as those related to attainment of the NAAQS.

(24) Women-owned business--See definition for "historically underutilized business."

Notes

31 Tex. Admin. Code § 655.5

The provisions of this §655.5 adopted to be effective February 11, 1994, 19 TexReg 628.