By: Otto H.B. No. 3189
A BILL TO BE ENTITLED
AN ACT
relating to the qualifications of certain electric generation
projects for programs designed to encourage the capture and
utilization of carbon dioxide for use in enhanced oil recovery.
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, 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 99 percent or
greater reduction of sulfur dioxide emissions, or:
(a) if the project is designed for the
use of one or more combustion turbines, an emission rate that meets
best available control technology requirements as determined by the
commission; or
(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;
(ii) on an annual basis, a 95 percent or
greater reduction of mercury emissions, if applicable;
(iii) an annual average emission rate for
nitrogen oxides of:
(a) 0.05 pounds or less per million
British thermal units; or
(b) if the project uses gasification
technology, 0.034 pounds or less per million British thermal units;
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 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.
SECTION 2. SECTION 120.001(2), Natural Resources Code, is
amended to read as follows:
(2) "Clean energy project" means a project to
construct an coal-fueled or petroleum coke-fueled electric
generating facility, including a facility in which the fuel is
gasified before combustion, that will:
(A) have a capacity of at least 200 megawatts;
(B) meet the emissions profile for an advanced
clean energy project under Section 382.003(1-a)(B), Health and
Safety Code;
(C) capture at least 70 percent of the carbon
dioxide resulting from or associated with the generation of
electricity by the facility;
(D) be capable of permanently sequestering in a
geological formation the carbon dioxide captured; and
(E) be capable of supplying the carbon dioxide
captured for purposes of an enhanced oil recovery project.
SECTION 3. The Texas Commission on Environmental Quality
shall adopt rules as necessary to implement Section 382.003, Health
and Safety Code, as amended by this Act, not later than January 1,
2014.
SECTION 4. The Railroad Commission of Texas may adopt rules
as necessary to implement section 120.001(2), Natural Resources
Code, as amended by this Act.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.