PART 5. OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE
CHAPTER 188. FUEL ETHANOL AND BIODIESEL PRODUCTION INCENTIVE PROGRAM
The Office of the Governor, Economic Development and Tourism Office ("OOG") proposes the repeal of 10 TAC §§188.1 - 188.10, concerning the Fuel Ethanol and Biodiesel Production Incentive Program. The OOG identified the necessity of the proposed repeals during the OOG's periodic review of 10 TAC, chapter 188, conducted pursuant to Texas Government Code §2001.039. The proposed repeals remove the entirety of 10 TAC, chapter 188.
EXPLANATION OF PROPOSED REPEALS
The proposed repeals pertain to the Fuel Ethanol and Biodiesel Production Incentive Program (Program), which relates to the registration of fuel ethanol and biodiesel producers and grants of state funds for the production of fuel ethanol and biodiesel.
The Program, established by Texas Agriculture Code, chapter 16, was created to encourage the development and production of fuel ethanol and biodiesel and set registration standards. 10 TAC, chapter 188 set out a Memorandum of Understanding between the OOG and the Texas Department of Agriculture (Department) that delineated the roles of the parties related to the Program and transferred the authority to administer the Program to the Department, as authorized by Texas Agriculture Code, §16.005. The Memorandum of Understanding between the OOG and the Department terminated on August 31, 2007 and has not been renewed due to lack of funding. The Program was funded for 18 months in the 2006-2007 biennium, but has not been funded since. Therefore, the OOG has determined the proposed repeals are necessary the reasons for initially adopting the rule do not continue to exist.
The repeal of §188.1 - 188.10 removes the entirety of 10 TAC, chapter 188, and the expired Memorandum of Understanding between the OOG and the Department.
Adriana Cruz, Executive Director, Economic Development and Tourism Office, Office of the Governor, has determined that during each year of the first five years in which the proposed repeals are in effect, there will be no expected fiscal impact on state and local governments as a result of the proposed repeals.
Ms. Cruz does not anticipate any measureable effect on local employment or the local economy as a result of the proposed repeals.
PUBLIC BENEFIT AND COSTS
Ms. Cruz has determined there are no measurable anticipated economic costs to persons required to comply with the proposed repeals. There will be no adverse economic effect on small businesses, micro-businesses, or rural communities. Since the OOG has determined that the proposed repeals will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code §2006.002, is not required.
GOVERNMENT GROWTH IMPACT STATEMENT
Ms. Cruz has determined that during each year of the first five years in which the proposed repeals are in effect, the repeals will not create or eliminate a government program; will not require the creation of new employee positions or the elimination of existing employee positions; will not require an increase or decrease in future legislative appropriations to the OOG; will not require an increase or decrease in fees paid to the OOG; do not create a new regulation; will expand, limit, or repeal existing regulations; will not increase or decrease the number of individuals subject to the applicability of the rules; and will not positively or adversely affect the Texas economy.
TAKINGS IMPACT ASSESSMENT
The OOG has determined that no private real property interests are affected by the proposed repeals and the proposed repeals do not restrict, limit, or impose a burden on an owner's rights to the owner's private real property that would otherwise exist in the absence of government action. As a result, the proposed repeals do not constitute a taking or require a takings impact assessment under Government Code §2007.043.
SUBMISSION OF COMMENTS
Comments may be submitted for 30 days following the date of publication of this notice by mail to Adriana Cruz, Office of the Governor, Economic Development and Tourism Office, P.O. Box 12428, Austin, Texas 78711 or by email to adriana.cruz@gov.texas.gov with the subject line "Fuel Ethanol and Biodiesel Production Incentive Program Rule Review." The deadline for receipt of comments is 5:00 p.m., Central Time, on April 4, 2021.
STATUTORY AUTHORITY
The repeals are proposed under Texas Agriculture Code, §16.006, which provides that the OOG shall adopt rules necessary to provide for the distribution of grant funds under the Program.
CROSS REFERENCE TO STATUTE
Texas Agricultural Code, chapter 16. No other statutes, articles, or codes are affected by the proposed repeals.
§188.1.Authority and Parties.
§188.2.Scope of Work.
§188.3.Period of Performance.
§188.4.Audit.
§188.5.Governing Law.
§188.6.Notice.
§188.7.Funding and Performance.
§188.8.Assignment.
§188.9.Severability.
§188.10.Certifications.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on February 22, 2021.
TRD-202100711
Adriana Cruz
Executive Director, Economic Development and Tourism
Office of the Governor, Economic Development and Tourism Office
Earliest possible date of adoption: April 4, 2021
For further information, please call: (512) 463-2000