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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 a project |
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[for which an application for a permit or for an authorization to |
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use a standard permit under this chapter is received by the |
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commission on or after January 1, 2008, and before January 1, 2020, |
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and] that: |
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(A) involves the use of coal, biomass, petroleum |
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coke, solid waste, natural gas, or fuel cells using hydrogen |
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derived from such fuels, in the generation of electricity, or the |
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creation of liquid fuels outside of the existing fuel production |
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infrastructure while co-generating electricity, whether the |
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project is implemented in connection with the construction of a new |
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facility or in connection with the modification of an existing |
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facility and whether the project involves the entire emissions |
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stream from the facility or only a portion of the emissions stream |
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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: |
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(a) a 99 percent or greater reduction |
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of sulfur dioxide emissions; |
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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; or |
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(c) if the project is designed for the |
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use of one or more combustion turbines that burn natural gas, a |
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sulfur dioxide emission rate that meets best available control |
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technology requirements as determined by the commission; |
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(ii) on an annual basis: |
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(a) a 95 percent or greater reduction |
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of mercury emissions; or |
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(b) if the project is designed for the |
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use of one or more combustion turbines that burn natural gas, a |
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mercury emission rate that complies with applicable federal |
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requirements; |
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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; |
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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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or |
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(c) if the project is designed for the |
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use of one or more combustion turbines that burn natural gas, two |
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parts per million by volume or has an emission rate that meets best |
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available control technology requirements as determined by the |
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commission; 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 90 [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; or |
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(D) is a facility that received a standard permit |
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issued after January 1, 2020, but prior to the effective date of |
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this Act, which includes carbon capture in its design and is |
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capturing not less than 95 percent of the carbon dioxide in the |
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emissions stream already permitted for carbon capture. |
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SECTION 2. This Act takes effect September 1, 2023. |