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A BILL TO BE ENTITLED
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AN ACT
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relating to the designation of advanced clean energy projects. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 382.003(1-a), Health and Safety Code, is |
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amended to read as follows: |
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(1-a) "Advanced clean energy project" means: |
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(A) a project [for which an application for a |
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permit or for an authorization to use a standard permit under this |
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chapter is received by the commission on or after January 1, 2008, |
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and before January 1, 2020, and] that: |
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(i) [(A)] involves the use of coal, |
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biomass, petroleum coke, solid waste, natural gas, or fuel cells |
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using hydrogen derived from such fuels, in the generation of |
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electricity, or the creation of liquid fuels outside of the |
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existing fuel production infrastructure while co-generating |
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electricity, whether the project is implemented in connection with |
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the construction of a new facility or in connection with the |
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modification of an existing facility and whether the project |
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involves the entire emissions stream from the facility or only a |
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portion of the emissions stream from the facility; |
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(ii) [(B)] with regard to the portion of the |
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emissions stream from the facility that is associated with the |
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project, is capable of achieving: |
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(a) [(i)] on an annual basis: |
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(1) [(a)] a 99 percent or |
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greater reduction of sulfur dioxide emissions; |
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(2) [(b)] if the project is |
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designed for the use of feedstock, substantially all of which is |
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subbituminous coal, an emission rate of 0.04 pounds or less of |
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sulfur dioxide per million British thermal units as determined by a |
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30-day average; or |
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(3) [(c)] if the project is |
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designed for the use of one or more combustion turbines that burn |
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natural gas, a sulfur dioxide emission rate that meets best |
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available control technology requirements as determined by the |
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commission; |
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(b) [(ii)] on an annual basis: |
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(1) [(a)] a 95 percent or |
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greater reduction of mercury emissions; or |
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(2) [(b)] if the project is |
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designed for the use of one or more combustion turbines that burn |
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natural gas, a mercury emission rate that complies with applicable |
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federal requirements; |
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(c) [(iii)] an annual average |
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emission rate for nitrogen oxides of: |
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(1) [(a)] 0.05 pounds or less |
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per million British thermal units; |
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(2) [(b)] if the project uses |
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gasification technology, 0.034 pounds or less per million British |
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thermal units; or |
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(3) [(c)] if the project is |
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designed for the use of one or more combustion turbines that burn |
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natural gas, two parts per million by volume; and |
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(d) [(iv)] an annual average emission |
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rate for filterable particulate matter of 0.015 pounds or less per |
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million British thermal units; and |
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(iii) [(C)] captures not less than 50 |
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percent of the carbon dioxide in the portion of the emissions stream |
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from the facility that is associated with the project and |
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sequesters that captured carbon dioxide by geologic storage or |
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other means; or |
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(B) a project that is a facility: |
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(i) for which an authorization to use a |
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standard permit was approved after January 1, 2020, but before |
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September 1, 2023; and |
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(ii) that includes carbon capture in its |
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design and is capturing not less than 95 percent of the carbon |
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dioxide in the emissions stream already permitted for carbon |
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capture. |
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SECTION 2. This Act takes effect September 1, 2023. |