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Texas Statutes (Last Updated: January 4, 2014) |
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HEALTH AND SAFETY CODE |
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Title 5. SANITATION AND ENVIRONMENTAL QUALITY |
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Subtitle C. AIR QUALITY |
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Chapter 386. TEXAS EMISSIONS REDUCTION PLAN |
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Subchapter B. TEXAS EMISSIONS REDUCTION PLAN |
Sec. 386.055. AVAILABILITY OF EMISSIONS REDUCTION CREDITS GENERALLY
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(a) A project funded under a program established under this chapter may not be used for credit under any state or federal emissions reduction credit averaging, banking, or trading program.
(b) An emissions reduction generated by a program established under this chapter:
(1) may not be used as a marketable emissions reduction credit or, except as provided by Section 386.056, to offset any emissions reduction obligation; and
(2) may be used to demonstrate conformity with the state implementation plan.
(c) A project involving a new emissions reduction measure that would otherwise generate marketable credits under state or federal emissions reduction credit averaging, banking, or trading programs is not eligible for funding under a program established under this chapter unless:
(1) the project includes the transfer of the reductions that would otherwise be marketable credits to the state implementation plan or the owner or operator as provided by Section 386.056; and
(2) the reductions are permanently retired.