Texas 2023 - 88th Regular

Texas House Bill HB3665 Compare Versions

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11 By: Landgraf H.B. No. 3665
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44 A BILL TO BE ENTITLED
55 AN ACT
66 relating to the designation of advanced clean energy projects.
77 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
88 SECTION 1. Section 382.003(1-a), Health and Safety Code, is
99 amended to read as follows:
1010 (1-a) "Advanced clean energy project" means a project
1111 [for which an application for a permit or for an authorization to
1212 use a standard permit under this chapter is received by the
1313 commission on or after January 1, 2008, and before January 1, 2020,
1414 and] that:
1515 (A) involves the use of coal, biomass, petroleum
1616 coke, solid waste, natural gas, or fuel cells using hydrogen
1717 derived from such fuels, in the generation of electricity, or the
1818 creation of liquid fuels outside of the existing fuel production
1919 infrastructure while co-generating electricity, whether the
2020 project is implemented in connection with the construction of a new
2121 facility or in connection with the modification of an existing
2222 facility and whether the project involves the entire emissions
2323 stream from the facility or only a portion of the emissions stream
2424 from the facility;
2525 (B) with regard to the portion of the emissions
2626 stream from the facility that is associated with the project, is
2727 capable of achieving:
2828 (i) on an annual basis:
2929 (a) a 99 percent or greater reduction
3030 of sulfur dioxide emissions;
3131 (b) if the project is designed for the
3232 use of feedstock, substantially all of which is subbituminous coal,
3333 an emission rate of 0.04 pounds or less of sulfur dioxide per
3434 million British thermal units as determined by a 30-day average; or
3535 (c) if the project is designed for the
3636 use of one or more combustion turbines that burn natural gas, a
3737 sulfur dioxide emission rate that meets best available control
3838 technology requirements as determined by the commission;
3939 (ii) on an annual basis:
4040 (a) a 95 percent or greater reduction
4141 of mercury emissions; or
4242 (b) if the project is designed for the
4343 use of one or more combustion turbines that burn natural gas, a
4444 mercury emission rate that complies with applicable federal
4545 requirements;
4646 (iii) an annual average emission rate for
4747 nitrogen oxides of:
4848 (a) 0.05 pounds or less per million
4949 British thermal units;
5050 (b) if the project uses gasification
5151 technology, 0.034 pounds or less per million British thermal units;
5252 or
5353 (c) if the project is designed for the
5454 use of one or more combustion turbines that burn natural gas, two
5555 parts per million by volume or has an emission rate that meets best
5656 available control technology requirements as determined by the
5757 commission; and
5858 (iv) an annual average emission rate for
5959 filterable particulate matter of 0.015 pounds or less per million
6060 British thermal units; and
6161 (C) captures not less than 90 [50] percent of the
6262 carbon dioxide in the portion of the emissions stream from the
6363 facility that is associated with the project and sequesters that
6464 captured carbon dioxide by geologic storage or other means; or
6565 (D) is a facility that received a standard permit
6666 issued after January 1, 2020, but prior to the effective date of
6767 this Act, which includes carbon capture in its design and is
6868 capturing not less than 95 percent of the carbon dioxide in the
6969 emissions stream already permitted for carbon capture.
7070 SECTION 2. This Act takes effect September 1, 2023.