1. (a) Fee Equivalency Account. The executive director shall establish and maintain a Fee Equivalency Account to document fees collected and available for use in demonstrating equivalency with the Area §185 Obligation. No actual money will be deposited into the Fee Equivalency Account. Instead, the Fee Equivalency Account will reflect equivalency credits based upon revenue collected for or under authority of:

   1. (1) the Texas Emissions Reduction Plan program;
   2. (2) the Low-Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Repair Program; and/or
   3. (3) the Local Initiative Project.
2. (b) Revenue eligibility. The revenue eligible for credits to the Fee Equivalency Account must be from the Houston-Galveston-Brazoria (HGB) one-hour ozone standard nonattainment area.
3. (c) Revenue credited. The revenue credited to the Fee Equivalency Account shall be credited for the years funding is expended in HGB beginning with the calendar year prior to the adoption of this rule.

Source Note:The provisions of this §101.102 adopted to be effective June 12, 2013, 38 TexReg 3610.