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;(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.Tex. Health and Safety Code § 382.0145
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.143, eff. 9/1/1995.Added by Acts 1991, 72nd Leg., ch. 14, Sec. 136, eff. 9/1/1991.