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A BILL TO BE ENTITLED
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AN ACT
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relating to the qualifications of certain electric generation |
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projects for programs designed to encourage the capture and |
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utilization of carbon dioxide for use in enhanced oil recovery. |
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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 a project |
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for which an application for a permit or for an authorization to use |
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a standard permit under this chapter is received by the commission |
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on or after January 1, 2008, and before January 1, 2020, and that: |
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(A) involves [the use of coal, biomass, petroleum
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coke, solid waste, or fuel cells using hydrogen derived from such
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fuels, in] the generation of electricity, or the creation of liquid |
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fuels outside of the existing fuel production infrastructure while |
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co-generating electricity, whether the project is implemented in |
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connection with the construction of a new facility or in connection |
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with the modification of an existing facility and whether the |
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project involves the entire emissions stream from the facility or |
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only a portion of the emissions stream from the facility; |
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(B) with regard to the portion of the emissions |
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stream from the facility that is associated with the project, is |
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capable of achieving: |
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(i) on an annual basis, a 99 percent or |
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greater reduction of sulfur dioxide emissions, or: |
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(a) if the project is designed for the |
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use of one or more combustion turbines, an emission rate that meets |
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best available control technology requirements as determined by the |
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commission; or |
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(b) if the project is designed for the |
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use of feedstock substantially all of which is subbituminous coal, |
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an emission rate of 0.04 pounds or less of sulfur dioxide per |
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million British thermal units as determined by a 30-day average; |
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(ii) on an annual basis, a 95 percent or |
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greater reduction of mercury emissions, if applicable; |
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(iii) an annual average emission rate for |
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nitrogen oxides of: |
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(a) 0.05 pounds or less per million |
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British thermal units; or |
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(b) if the project uses gasification |
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technology, 0.034 pounds or less per million British thermal units; |
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and |
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(iv) an annual average emission rate for |
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filterable particulate matter of 0.015 pounds or less per million |
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British thermal units; and |
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(C) captures not less than 50 percent of the |
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carbon dioxide in the portion of the emissions stream from the |
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facility that is associated with the project and sequesters that |
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captured carbon dioxide by geologic storage or other means. |
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SECTION 2. The Texas Commission on Environmental Quality |
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shall adopt rules as necessary to implement Section 382.003, Health |
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and Safety Code, as amended by this Act, not later than January 1, |
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2014. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |