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.
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