Texas 2023 - 88th Regular

Texas House Bill HB3837 Compare Versions

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1	1	H.B. No. 3837
2	2
3	3
4	4	AN ACT
5	5	relating to the designation of advanced clean energy projects.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Section 382.003(1-a), Health and Safety Code, is
8	8	amended to read as follows:
9	9	(1-a) "Advanced clean energy project" means:
10	10	(A) a project for which an application for a
11	11	permit or for an authorization to use a standard permit under this
12	12	chapter is received by the commission on or after January 1, 2008,
13	13	and before January 1, 2020, and that:
14	14	(i) [(A)] involves the use of coal,
15	15	biomass, petroleum coke, solid waste, natural gas, or fuel cells
16	16	using hydrogen derived from such fuels, in the generation of
17	17	electricity, or the creation of liquid fuels outside of the
18	18	existing fuel production infrastructure while co-generating
19	19	electricity, whether the project is implemented in connection with
20	20	the construction of a new facility or in connection with the
21	21	modification of an existing facility and whether the project
22	22	involves the entire emissions stream from the facility or only a
23	23	portion of the emissions stream from the facility;
24	24	(ii) [(B)] with regard to the portion of the
25	25	emissions stream from the facility that is associated with the
26	26	project, is capable of achieving:
27	27	(a) [(i)] on an annual basis:
28	28	(1) [(a)] a 99 percent or
29	29	greater reduction of sulfur dioxide emissions;
30	30	(2) [(b)] if the project is
31	31	designed for the use of feedstock, substantially all of which is
32	32	subbituminous coal, an emission rate of 0.04 pounds or less of
33	33	sulfur dioxide per million British thermal units as determined by a
34	34	30-day average; or
35	35	(3) [(c)] if the project is
36	36	designed for the use of one or more combustion turbines that burn
37	37	natural gas, a sulfur dioxide emission rate that meets best
38	38	available control technology requirements as determined by the
39	39	commission;
40	40	(b) [(ii)] on an annual basis:
41	41	(1) [(a)] a 95 percent or
42	42	greater reduction of mercury emissions; or
43	43	(2) [(b)] if the project is
44	44	designed for the use of one or more combustion turbines that burn
45	45	natural gas, a mercury emission rate that complies with applicable
46	46	federal requirements;
47	47	(c) [(iii)] an annual average
48	48	emission rate for nitrogen oxides of:
49	49	(1) [(a)] 0.05 pounds or less
50	50	per million British thermal units;
51	51	(2) [(b)] if the project uses
52	52	gasification technology, 0.034 pounds or less per million British
53	53	thermal units; or
54	54	(3) [(c)] if the project is
55	55	designed for the use of one or more combustion turbines that burn
56	56	natural gas, two parts per million by volume; and
57	57	(d) [(iv)] an annual average emission
58	58	rate for filterable particulate matter of 0.015 pounds or less per
59	59	million British thermal units; and
60	60	(iii) [(C)] captures not less than 50
61	61	percent of the carbon dioxide in the portion of the emissions stream
62	62	from the facility that is associated with the project and
63	63	sequesters that captured carbon dioxide by geologic storage or
64	64	other means; or
65	65	(B) a project that is a facility:
66	66	(i) for which an authorization to use a
67	67	standard permit was approved after January 1, 2020, but before
68	68	September 1, 2023; and
69	69	(ii) that:
70	70	(a) utilizes natural gas to create
71	71	methanol; and
72	72	(b) converts methanol to zero-sulfur
73	73	transportation fuels.
74	74	SECTION 2. Section 391.002(b), Health and Safety Code, is
75	75	amended to read as follows:
76	76	(b) Projects that may be considered for a grant under the
77	77	program include:
78	78	(1) advanced clean energy projects, as defined by
79	79	Section 382.003(1-a)(A) [382.003];
80	80	(2) new technology projects that reduce emissions of
81	81	regulated pollutants from stationary sources;
82	82	(3) new technology projects that reduce emissions from
83	83	upstream and midstream oil and gas production, completions,
84	84	gathering, storage, processing, and transmission activities
85	85	through:
86	86	(A) the replacement, repower, or retrofit of
87	87	stationary compressor engines;
88	88	(B) the installation of systems to reduce or
89	89	eliminate the loss of gas, flaring of gas, or burning of gas using
90	90	other combustion control devices; or
91	91	(C) the installation of systems that reduce
92	92	flaring emissions and other site emissions; and
93	93	(4) electricity storage projects related to renewable
94	94	energy, including projects to store electricity produced from wind
95	95	and solar generation that provide efficient means of making the
96	96	stored energy available during periods of peak energy use.
97	97	SECTION 3. This Act takes effect September 1, 2023.
98	98	______________________________ ______________________________
99	99	President of the Senate Speaker of the House
100	100	I certify that H.B. No. 3837 was passed by the House on April
101	101	28, 2023, by the following vote: Yeas 141, Nays 6, 1 present, not
102	102	voting; and that the House concurred in Senate amendments to H.B.
103	103	No. 3837 on May 25, 2023, by the following vote: Yeas 122, Nays 18,
104	104	3 present, not voting.
105	105	______________________________
106	106	Chief Clerk of the House
107	107	I certify that H.B. No. 3837 was passed by the Senate, with
108	108	amendments, on May 22, 2023, by the following vote: Yeas 26, Nays
109	109	5.
110	110	______________________________
111	111	Secretary of the Senate
112	112	APPROVED: __________________
113	113	Date
114	114	__________________
115	115	Governor