By: Geren, Bailes, Isaac 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) 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:
(i) [(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;
(ii) [(B)] with regard to the portion of the
emissions stream from the facility that is associated with the
project, is capable of achieving:
(a) [(i)] on an annual basis:
(1) [(a)] a 99 percent or
greater reduction of sulfur dioxide emissions;
(2) [(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
(3) [(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;
(b) [(ii)] on an annual basis:
(1) [(a)] a 95 percent or
greater reduction of mercury emissions; or
(2) [(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;
(c) [(iii)] an annual average
emission rate for nitrogen oxides of:
(1) [(a)] 0.05 pounds or less
per million British thermal units;
(2) [(b)] if the project uses
gasification technology, 0.034 pounds or less per million British
thermal units; or
(3) [(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; and
(d) [(iv)] an annual average emission
rate for filterable particulate matter of 0.015 pounds or less per
million British thermal units; and
(iii) [(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; or
(B) a project that is a facility:
(i) for which an authorization to use a
standard permit was approved after January 1, 2020, but before
September 1, 2023; and
(ii) that 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.