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AN ACT
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relating to projects funded through the Texas emissions reduction |
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plan. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (b), Section 386.051, Health and |
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Safety Code, is amended to read as follows: |
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(b) Under the plan, the commission and the comptroller shall |
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provide grants or other funding for: |
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(1) the diesel emissions reduction incentive program |
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established under Subchapter C, including for infrastructure |
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projects established under that subchapter; |
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(2) the motor vehicle purchase or lease incentive |
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program established under Subchapter D; |
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(3) the air quality research support [new technology
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research and development] program established under Chapter 387; |
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(4) the clean school bus program established under |
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Chapter 390; [and] |
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(5) the new technology implementation grant program |
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established under Chapter 391; |
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(6) the regional air monitoring program established |
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under Section 386.252(a)(5); |
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(7) a health effects study as provided by Section |
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386.252(a)(7); |
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(8) air quality planning activities as provided by |
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Section 386.252(a)(8); and |
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(9) a contract with the Energy Systems Laboratory at |
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the Texas Engineering Experiment Station for computation of |
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creditable statewide emissions reductions as provided by Section |
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386.252(a)(9). |
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SECTION 2. Subsection (a), Section 386.108, Health and |
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Safety Code, is amended to read as follows: |
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(a) The commission shall provide funding under Section |
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386.252(a) [386.252(a)(1)] for infrastructure projects. |
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SECTION 3. Subsection (a), Section 386.252, Health and |
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Safety Code, as amended by Chapters 1125 (H.B. 1796) and 1232 (S.B. |
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1759), Acts of the 81st Legislature, Regular Session, 2009, is |
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reenacted and amended to read as follows: |
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(a) Money in the fund may be used only to implement and |
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administer programs established under the plan and the total |
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appropriation shall be allocated as follows: |
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(1) [for the diesel emissions reduction incentive
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program, 87.5 percent of the money in the fund, of which:
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[(A)] not more than four percent may be used for |
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the clean school bus program; |
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(2) [(B)] not more than 10 percent may be used for |
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on-road diesel purchase or lease incentives; [and] |
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(3) [(C)] a specified amount may be used for the new |
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technology implementation grant program, from which a defined |
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amount may be set aside for electricity storage projects related to |
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renewable energy; |
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(4) five percent shall be used for the clean fleet |
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program; |
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(5) not more than $7 million shall be allocated in 2012 |
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and 2013 and not more than $3 million shall be allocated in 2014 and |
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in subsequent years to fund a regional air monitoring program in |
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commission Regions 3 and 4 to be implemented under the commission's |
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oversight, including direction regarding the type, number, |
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location, and operation of, and data validation practices for, |
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monitors funded by the program through a regional nonprofit entity |
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located in North Texas having representation from counties, |
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municipalities, higher education institutions, and private sector |
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interests across the area; |
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(6) a specified amount is to be allocated each year to |
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support research related to air quality as provided by Chapter 387; |
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(7) [(2) for the new technology research and
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development program, nine percent of the money in the fund, of
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which:
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[(A)] up to $200,000 is allocated for a health |
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effects study; |
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(8) up to [(B)] $500,000 is to be deposited in the |
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state treasury to the credit of the clean air account created under |
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Section 382.0622 to supplement funding for air quality planning |
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activities in affected counties; |
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(9) not more than $216,000 is allocated to the |
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commission to [(C)
not less than 20 percent is to be allocated each
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year to support research related to air quality as provided by
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Section 387.010; and
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[(D)
the balance is allocated each year to the
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commission to be used to:
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[(i)
implement and administer the new
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technology research and development program for the purpose of
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identifying, testing, and evaluating new emissions-reducing
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technologies with potential for commercialization in this state and
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to facilitate their certification or verification; and
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[(ii)] contract with the Energy Systems |
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Laboratory at the Texas Engineering Experiment Station [for
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$216,000] annually for the development and annual computation of |
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creditable statewide emissions reductions obtained through wind |
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and other renewable energy resources for the state implementation |
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plan; [and] |
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(10) not more than $3,400,000 [(3) two percent] is |
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allocated to the commission [and 1.5 percent is allocated to the
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laboratory] for administrative costs incurred by the commission; |
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(11) 1.5 percent of the money in the fund is allocated |
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for administrative costs incurred by [and] the laboratory; and |
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(12) the balance is allocated to the commission for |
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the diesel emissions reduction incentive program. |
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SECTION 4. The heading to Chapter 387, Health and Safety |
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Code, is amended to read as follows: |
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CHAPTER 387. AIR QUALITY [NEW TECHNOLOGY] RESEARCH SUPPORT [AND
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DEVELOPMENT] PROGRAM |
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SECTION 5. Subdivision (2), Section 387.001, Health and |
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Safety Code, is amended to read as follows: |
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(2) "Program" means the air quality research support |
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[new technology research and development] program established |
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under this chapter. |
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SECTION 6. Section 387.010, Health and Safety Code, is |
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redesignated as Section 387.002, Health and Safety Code, and is |
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amended to read as follows: |
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Sec. 387.002 [387.010]. AIR QUALITY RESEARCH SUPPORT |
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PROGRAM. (a) The commission shall contract with a nonprofit |
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organization or institution of higher education to establish and |
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administer a program to support research related to air quality. |
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(b) The board of directors of a nonprofit organization |
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establishing and administering the research program related to air |
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quality under this chapter [section] may not have more than 11 |
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members, must include two persons with relevant scientific |
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expertise to be nominated by the commission, and may not include |
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more than four county judges selected from counties in the |
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Houston-Galveston-Brazoria and Dallas-Fort Worth nonattainment |
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areas. The two persons with relevant scientific expertise to be |
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nominated by the commission may be employees or officers of the |
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commission, provided that they do not participate in funding |
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decisions affecting the granting of funds by the commission to a |
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nonprofit organization on whose board they serve. |
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(c) The commission shall provide oversight as appropriate |
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for grants provided under the program established under this |
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chapter [section]. |
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(d) A nonprofit organization or institution of higher |
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education shall submit to the commission for approval a budget for |
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the disposition of funds granted under the program established |
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under this chapter [section]. |
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(e) A nonprofit organization or institution of higher |
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education shall be reimbursed for costs incurred in establishing |
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and administering the research program related to air quality under |
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this chapter [section]. Reimbursable administrative costs of a |
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nonprofit organization or institution of higher education may not |
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exceed 10 percent of the program budget. |
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(f) A nonprofit organization that receives grants from the |
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commission under this chapter [section] is subject to Chapters 551 |
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and 552, Government Code. |
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SECTION 7. Subsection (h), Section 447.011, Government |
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Code, is amended to read as follows: |
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(h) The Texas Commission on Environmental Quality shall |
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obtain information on any fuel-saving technology that appears to |
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reduce particulate matter, oxides of nitrogen, carbon monoxide, or |
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hydrocarbon emissions. [The Texas Commission on Environmental
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Quality may use this information to fund the United States
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Environmental Protection Agency verification of a technology in
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accordance with Section 387.003, Health and Safety Code.] |
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SECTION 8. Sections 387.003, 387.004, 387.005, 387.006, and |
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387.007, Health and Safety Code, are repealed. |
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SECTION 9. A grant issued under Chapter 387, Health and |
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Safety Code, before the effective date of this Act is governed by |
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Chapter 387, Health and Safety Code, as it existed immediately |
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before the effective date of this Act, and that law is continued in |
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effect for that purpose. |
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SECTION 10. To the extent of any conflict, this Act prevails |
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over another Act of the 82nd Legislature, Regular Session, 2011, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 11. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 527 passed the Senate on |
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March 17, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 527 passed the House on |
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April 21, 2011, by the following vote: Yeas 148, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |