Sec. 386.101.  DEFINITIONS.  In this subchapter:
(1)  "Cost-effectiveness" means the total dollar amount expended divided by the total number of tons of oxides of nitrogen emissions reduction attributable to that expenditure.  Cost-effectiveness for the program as a whole and for particular projects under the program is calculated as provided by Sections 386.105 and 386.106.
(2)  "Fuel cell" means an electrochemical device that uses fuel and oxidant to continuously generate electricity.
(3)  "Motor vehicle" means a self-propelled device designed for transporting persons or property on a public highway that is required to be registered under Chapter 502, Transportation Code.
(4)  "Non-road diesel" means a vehicle or piece of equipment, excluding a motor vehicle or on-road diesel, that is powered by a non-road engine, including:
(A)  non-road nonrecreational equipment and vehicles;
(B)  construction equipment;
(C)  locomotives;
(D)  marine vessels;  and
(E)  other high-emitting diesel engine categories established by the commission.
(5)  "Non-road engine" means an internal combustion engine that is:
(A)  in or on a piece of equipment that is self-propelled or that propels itself and performs another function, excluding a vehicle that is used solely for competition;
(B)  in or on a piece of equipment that is intended to be propelled while performing its function;  or
(C)  designed to be and capable of being carried or moved from one location to another.
(6)  "On-road diesel" means an on-road diesel-powered motor vehicle that has a gross vehicle weight rating of 8,500 pounds or more.
(7)  "Program" means the diesel emissions reduction incentive program established under this subchapter.
(8)  "Qualifying fuel" includes any liquid or gaseous fuel or additives registered or verified by the United States Environmental Protection Agency that is ultimately dispensed into a motor vehicle or on-road or non-road diesel that provides reductions of emissions of oxides of nitrogen beyond reductions required by state or federal law.
(9)  "Repower" means to replace an old engine powering an on-road or non-road diesel with a new engine, a used engine, a remanufactured engine, or electric motors, drives, or fuel cells.
(10)  "Retrofit" means to equip an engine and fuel system with new emissions-reducing parts or technology verified by the United States Environmental Protection Agency after manufacture of the original engine and fuel system.
Added by Acts 2001, 77th Leg., ch. 967, Sec. 1(b), eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 1331, Sec. 3, eff. June 20, 2003.