Tex.
Health & Safety Code Section 382.0145
Clean Fuel Incentive Surcharge
(a)
The commission shall levy a clean fuel incentive surcharge of 20 cents per MMBtu on fuel oil used between April 15 and October 15 of each year in an industrial or utility boiler that is:(1)
capable of using natural gas; and(2)
located in a consolidated metropolitan statistical area or metropolitan statistical area with a population of 350,000 or more that has not met federal ambient air quality standards for ozone.(b)
The commission may not levy the clean fuel incentive surcharge on:(1)
waste oils, used oils, or hazardous waste-derived fuels burned for purposes of energy recovery or disposal, if the commission or the United States Environmental Protection Agency approves or permits the burning;(2)
fuel oil used during:(A)
any period of full or partial natural gas curtailment;(B)
any period when there is a failure to deliver sufficient quantities of natural gas to satisfy contractual obligations to the purchaser; or(C)
a catastrophic event as defined by Section 382.063 (Issuance of Emergency Order Because of Catastrophe);(3)
fuel oil used between April 15 and October 15 in equipment testing or personnel training up to an aggregate of the equivalent of 48 hours full-load operation; or(4)
any firm engaged in fixed price contracts with public works agencies for contracts entered into before August 28, 1989.
Source:
Section 382.0145 — Clean Fuel Incentive Surcharge, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.382.htm#382.0145 (accessed Jun. 5, 2024).
