1 | 1 | | By: Landgraf H.B. No. 3665 |
---|
2 | 2 | | |
---|
3 | 3 | | |
---|
4 | 4 | | A BILL TO BE ENTITLED |
---|
5 | 5 | | AN ACT |
---|
6 | 6 | | relating to the designation of advanced clean energy projects. |
---|
7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
8 | 8 | | SECTION 1. Section 382.003(1-a), Health and Safety Code, is |
---|
9 | 9 | | amended to read as follows: |
---|
10 | 10 | | (1-a) "Advanced clean energy project" means a project |
---|
11 | 11 | | [for which an application for a permit or for an authorization to |
---|
12 | 12 | | use a standard permit under this chapter is received by the |
---|
13 | 13 | | commission on or after January 1, 2008, and before January 1, 2020, |
---|
14 | 14 | | and] that: |
---|
15 | 15 | | (A) involves the use of coal, biomass, petroleum |
---|
16 | 16 | | coke, solid waste, natural gas, or fuel cells using hydrogen |
---|
17 | 17 | | derived from such fuels, in the generation of electricity, or the |
---|
18 | 18 | | creation of liquid fuels outside of the existing fuel production |
---|
19 | 19 | | infrastructure while co-generating electricity, whether the |
---|
20 | 20 | | project is implemented in connection with the construction of a new |
---|
21 | 21 | | facility or in connection with the modification of an existing |
---|
22 | 22 | | facility and whether the project involves the entire emissions |
---|
23 | 23 | | stream from the facility or only a portion of the emissions stream |
---|
24 | 24 | | from the facility; |
---|
25 | 25 | | (B) with regard to the portion of the emissions |
---|
26 | 26 | | stream from the facility that is associated with the project, is |
---|
27 | 27 | | capable of achieving: |
---|
28 | 28 | | (i) on an annual basis: |
---|
29 | 29 | | (a) a 99 percent or greater reduction |
---|
30 | 30 | | of sulfur dioxide emissions; |
---|
31 | 31 | | (b) if the project is designed for the |
---|
32 | 32 | | use of feedstock, substantially all of which is subbituminous coal, |
---|
33 | 33 | | an emission rate of 0.04 pounds or less of sulfur dioxide per |
---|
34 | 34 | | million British thermal units as determined by a 30-day average; or |
---|
35 | 35 | | (c) if the project is designed for the |
---|
36 | 36 | | use of one or more combustion turbines that burn natural gas, a |
---|
37 | 37 | | sulfur dioxide emission rate that meets best available control |
---|
38 | 38 | | technology requirements as determined by the commission; |
---|
39 | 39 | | (ii) on an annual basis: |
---|
40 | 40 | | (a) a 95 percent or greater reduction |
---|
41 | 41 | | of mercury emissions; or |
---|
42 | 42 | | (b) if the project is designed for the |
---|
43 | 43 | | use of one or more combustion turbines that burn natural gas, a |
---|
44 | 44 | | mercury emission rate that complies with applicable federal |
---|
45 | 45 | | requirements; |
---|
46 | 46 | | (iii) an annual average emission rate for |
---|
47 | 47 | | nitrogen oxides of: |
---|
48 | 48 | | (a) 0.05 pounds or less per million |
---|
49 | 49 | | British thermal units; |
---|
50 | 50 | | (b) if the project uses gasification |
---|
51 | 51 | | technology, 0.034 pounds or less per million British thermal units; |
---|
52 | 52 | | or |
---|
53 | 53 | | (c) if the project is designed for the |
---|
54 | 54 | | use of one or more combustion turbines that burn natural gas, two |
---|
55 | 55 | | parts per million by volume or has an emission rate that meets best |
---|
56 | 56 | | available control technology requirements as determined by the |
---|
57 | 57 | | commission; and |
---|
58 | 58 | | (iv) an annual average emission rate for |
---|
59 | 59 | | filterable particulate matter of 0.015 pounds or less per million |
---|
60 | 60 | | British thermal units; and |
---|
61 | 61 | | (C) captures not less than 90 [50] percent of the |
---|
62 | 62 | | carbon dioxide in the portion of the emissions stream from the |
---|
63 | 63 | | facility that is associated with the project and sequesters that |
---|
64 | 64 | | captured carbon dioxide by geologic storage or other means; or |
---|
65 | 65 | | (D) is a facility that received a standard permit |
---|
66 | 66 | | issued after January 1, 2020, but prior to the effective date of |
---|
67 | 67 | | this Act, which includes carbon capture in its design and is |
---|
68 | 68 | | capturing not less than 95 percent of the carbon dioxide in the |
---|
69 | 69 | | emissions stream already permitted for carbon capture. |
---|
70 | 70 | | SECTION 2. This Act takes effect September 1, 2023. |
---|