Sec. 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.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 136, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.143, eff. Sept. 1, 1995.