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.