By: Geren H.B. No. 3837
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the designation of advanced clean energy projects.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 382.003(1-a), Health and Safety Code, is
  amended to read as follows:
               (1-a)  "Advanced clean energy project" means a project
  [for which an application for a permit or for an authorization to
  use a standard permit under this chapter is received by the
  commission on or after January 1, 2008, and before January 1, 2020,
  and] that:
                     (A)  involves the use of coal, biomass, petroleum
  coke, solid waste, natural gas, or fuel cells using hydrogen
  derived from such fuels, in the generation of electricity, or the
  creation of liquid fuels outside of the existing fuel production
  infrastructure while co-generating electricity, whether the
  project is implemented in connection with the construction of a new
  facility or in connection with the modification of an existing
  facility and whether the project involves the entire emissions
  stream from the facility or only a portion of the emissions stream
  from the facility;
                     (B)  with regard to the portion of the emissions
  stream from the facility that is associated with the project, is
  capable of achieving:
                           (i)  on an annual basis:
                                 (a)  a 99 percent or greater reduction
  of sulfur dioxide emissions;
                                 (b)  if the project is designed for the
  use of feedstock, substantially all of which is subbituminous coal,
  an emission rate of 0.04 pounds or less of sulfur dioxide per
  million British thermal units as determined by a 30-day average; or
                                 (c)  if the project is designed for the
  use of one or more combustion turbines that burn natural gas, a
  sulfur dioxide emission rate that meets best available control
  technology requirements as determined by the commission;
                           (ii)  on an annual basis:
                                 (a)  a 95 percent or greater reduction
  of mercury emissions; or
                                 (b)  if the project is designed for the
  use of one or more combustion turbines that burn natural gas, a
  mercury emission rate that complies with applicable federal
  requirements;
                           (iii)  an annual average emission rate for
  nitrogen oxides of:
                                 (a)  0.05 pounds or less per million
  British thermal units;
                                 (b)  if the project uses gasification
  technology, 0.034 pounds or less per million British thermal units;
  or
                                 (c)  if the project is designed for the
  use of one or more combustion turbines that burn natural gas, two
  parts per million by volume or has an emission rate that meets best
  available control technology requirements as determined by the
  commission; and
                           (iv)  an annual average emission rate for
  filterable particulate matter of 0.015 pounds or less per million
  British thermal units; and
                     (C)  captures not less than 90 [50] percent of the
  carbon dioxide in the portion of the emissions stream from the
  facility that is associated with the project and sequesters that
  captured carbon dioxide by geologic storage or other means; or
                     (D)  is a facility that received a standard permit
  issued after January 1, 2020, but prior to the effective date of
  this Act, which includes carbon capture in its design and is
  capturing not less than 95 percent of the carbon dioxide in the
  emissions stream already permitted for carbon capture.
         SECTION 2.  This Act takes effect September 1, 2023.