Texas/EZFeed Policies

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EZ Feed Policies for Texas

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Policy Place Policy Type Active Affected Technologies Implementing Sector Summary
Agricultural Biomass and Landfill Diversion Incentive (Texas) Texas Grant Program Yes Biomass/Biogas State/Province This law provides a grant of a minimum $20 per bone-dry ton of qualified agricultural biomass, forest wood waste, urban wood waste, co-firing biomass, or storm-generated biomass that is provided to a qualified biomass facility. The Texas Department of Agriculture administers the program, and provides quarterly rebates to biomass facilities for the grant monies paid out throughout the year to biomass suppliers. The agricultural biomass and landfill diversion incentive program is available to farmers, loggers, diverters, and renewable biomass aggregators and bio-coal fuel producers who provide qualified agricultural biomass, forest wood waste, urban wood waste, co-firing biomass, or storm-generated biomass debris to facilities that use biomass to generate electric energy. The law was designed to promote economic development, encourage the use of renewable sources in the generation of electric energy, reduce air pollution, and divert waste from landfills.
Canadian River Compact (Multiple States) Texas
Oklahoma
New Mexico
Siting and Permitting Yes Coal with CCS
Natural Gas
Nuclear
Biomass/Biogas
Hydroelectric energy
Hydroelectric (Small)
State/Province The Canadian River Commission administers the Canadian River Compact which includes the states of New Mexico, Oklahoma, and Texas. Signed in 1950 by the member states, the Compact was subsequently ratified by the respective state legislatures, approved by Congress, and was signed into law by the President in 1952. The interstate Canadian River Commission includes one state commissioner appointed by the governor of each member state and one federal commissioner appointed by the President. The major purposes of the Compact are to promote interstate comity; to remove causes of present and future controversy; to make secure and protect present developments within the States; and to provide for the construction of additional works for the conservation of the waters of Canadian River.
Cavern Protection (Texas) Texas Siting and Permitting Yes Coal with CCS
Geothermal Electric
Natural Gas
Nuclear
State/Province It is public policy of the state to provide for the protection of caves on or under Texas lands. For the purposes of this legislation, “cave” means any naturally occurring subterranean cavity, and includes or is synonymous with cavern, pit, pothole, well, sinkhole, and grotto. No person may excavate, remove, destroy, injure, alter in any significant manner, or deface any part of a cave owned by the State of Texas, unless the person possesses a valid permit under this section. A permit may be obtained following the receipt of an application giving the reasons and objectives for the excavation, removal, or alteration and the benefits expected to be obtained from the contemplated work.
Climate Action Plan (Texas) Texas Climate Policies No Coal with CCS
Concentrating Solar Power
Energy Storage
Fuel Cells
Geothermal Electric
Natural Gas
Nuclear
Tidal Energy
Wave Energy
Wind energy
Biomass/Biogas
Hydroelectric energy
Hydroelectric (Small)
Solar Photovoltaics
State/Province The State of Texas currently does not have a climate plan in place or in progress.
Coastal Public Lands Management Act (Texas) Texas Siting and Permitting Yes Coal with CCS
Concentrating Solar Power
Energy Storage
Fuel Cells
Geothermal Electric
Natural Gas
Nuclear
Tidal Energy
Wave Energy
Wind energy
Biomass/Biogas
Hydroelectric energy
Hydroelectric (Small)
Solar Photovoltaics
State/Province The coastal public lands of the state are managed in accordance with the following principles: (a) The natural resources of the surface land, including their aesthetic value and their ability to support and nurture all types of marine life and wildlife, shall be preserved. (b) Preference will be given to uses which the general public may enjoy and participate in over uses which are limited to fewer individuals. (c) The public interest in navigation in the intracoastal water shall be protected. (d) Unauthorized use of coastal public land shall be prevented. (e) Utilization and development of the surface of coastal public land is not allowed unless the public interest as expressed by this chapter is not significantly impaired by it. (f) Use of the surface estate in coastal public land shall not be granted except by leases and lesser interests and by exchanges of coastal public land for littoral property. (g) Vested rights in land shall be protected. The School Lands Board is responsible for implementing, administering, and enforcing these policies, and, in cooperation with the Texas Land Commissioner, will develop a comprehensive coastal land management program to carry out these duties. As part of this program, permits are required for the construction or modification of most structures on coastal public lands.
Community Development Block Grant/Economic Development Infrastructure Financing (United States) United States Grant Program
Loan Program
Yes Coal with CCS
Concentrating Solar Power
Energy Storage
Fuel Cells
Geothermal Electric
Natural Gas
Nuclear
Tidal Energy
Wave Energy
Wind energy
Biomass/Biogas
Hydroelectric energy
Hydroelectric (Small)
Solar Photovoltaics
Federal Community Development Block Grant/Economic Development Infrastructure Financing (CDBG/EDIF) provides public infrastructure financing to help communities grow jobs, enable new business startups and expansions for existing businesses. State programs help achieve the national objective of CDBG by funding projects in which at least 51 percent of the new jobs created are made available to low and moderate income individuals. The maximum amounts awarded under the program are $1 million for new businesses locating to the state and $500,000 for existing businesses expanding in the state.
Comprehensive Municipal Solid Waste Management, Resource Recovery, and Conservation Act (Texas) Texas Environmental Regulations Yes Biomass/Biogas State/Province This Act encourages the establishment of regional waste management facilities and the cooperation of local waste management entities in order to streamline the management of municipal solid waste in the state of Texas and aid the implementation of resource recovery systems.
Conservation of Oil and Gas (Texas) Texas Safety and Operational Guidelines Yes Natural Gas State/Province This legislation prohibits the production, storage, or transportation of oil or gas in a manner, in an amount, or under conditions that constitute waste. Actions which may lead to the waste of oil or gas are listed, and include the operation of any oil well or wells with an inefficient gas-oil ratio as well as the wasteful burning of natural gas wells.
County Solid Waste Control Act (Texas) Texas Environmental Regulations Yes Biomass/Biogas Local The purpose of this chapter is to authorize a cooperative effort by counties, public agencies, and other persons for the safe and economical collection, transportation, and disposal of solid waste to control pollution in this state.
Enterprise Zone Program (Texas) Texas Corporate Tax Incentive
Enterprise Zone
Yes Coal with CCS
Concentrating Solar Power
Energy Storage
Fuel Cells
Geothermal Electric
Natural Gas
Nuclear
Tidal Energy
Wave Energy
Wind energy
Biomass/Biogas
Hydroelectric energy
Hydroelectric (Small)
Solar Photovoltaics
Local The Enterprise Zone Program eligible projects to apply for state sales and use tax refunds on purchases of all taxable items purchased for use at qualified business sites related to the project or activity. The level and amount of refund is related to the capital investment and jobs created at the qualified business site. In addition, local communities must offer incentives to participants under the enterprise zone program, such as tax abatement, tax increment financing, one-stop permitting, and other incentives developed by participating communities.
Financial Assurance for In Situ Uranium Facilities (Texas) Texas Environmental Regulations Yes Nuclear State/Province Owners or operators are required to provide financial assurance for in situ uranium sites. This money is required for: decommissioning, decontamination, demolition, and waste disposal for buildings, structures, foundations, equipment, and utilities; surface reclamation of contaminated area including operating areas, roads, wellfields, and surface impoundments; groundwater restoration in mining areas; radiological surveying and environmental monitoring; and long-term radiation and perpetual care account. Rules regarding this financial assurance can be found in Title 30, Texas Administrative Code (30 TAC), Subchapter L , “Licensing of Source Material Recovery and By-Product Material Disposal Facilities.”
Forestry Policies (Texas) Texas Environmental Regulations Yes Biomass/Biogas State/Province Texas' forested lands are managed by the Texas Forest Service, a division of Texas A&M University. TFS has issued the "Statewide Assessment of Forest Resources", which includes discussion of the opportunity for utilizing woody biomass from forestry operations:

http://txforestservice.tamu.edu/uploadedFiles/Sustainable/assessment/Texas%20State%20Assessment.pdf

In 2008, the TFS issued a document titled "Estimation of Woody Biomass Availability for Energy in Texas", a study mandated by Texas House Bill 1090: http://txforestservice.tamu.edu/uploadedFiles/Sustainable/econdev/27192_TFSBiomassStudy_Dec_17_2008.pdf

The Texas State Energy Conservation Office offers information on biomass fuels including biomass fuels obtained from forests.:

http://www.seco.cpa.state.tx.us/energy-sources/biomass/forests.php
Gaines County Solid Waste Management Act (Texas) Texas Environmental Regulations Yes Biomass/Biogas Local This Act establishes the Gaines County Solid Waste Management District, a governmental body to develop and carry out a regional water quality protection program through solid waste management and regulation of waste disposal. The District has the power to prepare, adopt plans for, purchase, obtain permits for, construct, acquire, own, operate, maintain, repair, improve, and extend inside and outside the boundaries of the district any works, improvements, landfills, recycling facilities, waste-to-energy facilities, composting facilities, transfer stations, storage sites, and other facilities, plants, pipelines, equipment, and appliances necessary to transport, process, dispose of, and control solid waste and to protect groundwater within the district in accordance with state law.
Gas Pipelines (Texas) Texas Fees
Safety and Operational Guidelines
Yes Natural Gas State/Province This chapter applies to any entity that owns, manages, operates, leases, or controls a pipeline for the purpose of transporting natural gas in the state for sale or compensation, as well as any entity that produces or purchases natural gas. This chapter does not apply to entities transporting natural gas solely for interstate commerce. Some other exemptions apply. Any such entity is in the jurisdiction of the Railroad Commission and is subject to regulation by the Commission. This legislation contains provisions for the operation and maintenance of gas pipelines, applicable rates and fees, and pipeline and gas safety.
Gas Production Tax (Texas) Texas Fees Yes Natural Gas State/Province A tax of 7.5 percent of the market value of natural gas produced in the state of Texas is imposed on every producer of gas.
Gas Utility Pipeline Tax (Texas) Texas Fees Yes Natural Gas State/Province All gas utilities, including any entity that owns, manages, operates, leases, or controls a pipeline for the purpose of transporting natural gas in the state for sale or compensation, as well as any entity that produces or purchases natural gas, are required to pay a pipeline tax at the rate of one-half of one percent of the gross income of the gas utility.
Geothermal Resources Act (Texas) Texas Siting and Permitting Yes Geothermal Electric State/Province The policy of the state of Texas is to encourage the rapid and orderly development of geothermal energy and associated resources. The primary consideration of the development process is to provide a dependable supply of energy in an efficient manner that avoids waste of the energy resources. Secondary considerations will be afforded to the protection of the environment, the protection of correlative rights, and the conservation of natural resources. The Railroad Commission is responsible for regulating the exploration, development, and production of geothermal energy and associated resources on public and private land.
Groundwater Conservation Districts (Texas) Texas Environmental Regulations Yes Coal with CCS
Concentrating Solar Power
Energy Storage
Fuel Cells
Geothermal Electric
Natural Gas
Nuclear
Tidal Energy
Wave Energy
Wind energy
Biomass/Biogas
Hydroelectric energy
Hydroelectric (Small)
Solar Photovoltaics
Local Groundwater Conservation Districts, as created following procedures described in Water Code 36, are designed to provide for the conservation, preservation, protection, recharging, and prevention of waste of groundwater, and of groundwater reservoirs or their subdivisions, and to control subsidence caused by withdrawal of water from those groundwater reservoirs or their subdivisions. Districts may develop, adopt, and promulgate rules pertaining to groundwater management within their jurisdiction; this system is the state's preferred method of groundwater management. This legislation contains further information on the establishment of groundwater districts, landowner protections, powers and duties of districts, well drilling, district finances, and bonds and notes.
Groundwater Management Areas (Texas) Texas Environmental Regulations Yes Coal with CCS
Concentrating Solar Power
Energy Storage
Fuel Cells
Geothermal Electric
Natural Gas
Nuclear
Tidal Energy
Wave Energy
Wind energy
Biomass/Biogas
Hydroelectric energy
Hydroelectric (Small)
Solar Photovoltaics
State/Province This legislation authorizes the Texas Commission on Environmental Quality and the Texas Water Development Board to establish Groundwater Management Areas to provide for the conservation, preservation, protection, recharging, and prevention of waste of groundwater and groundwater reservoirs. Designated management areas will cover all major and minor aquifers of the state, and will be identified as areas that are experiencing or that are expected to experience, within a 50-year period, critical groundwater problems, including shortages of surface water or groundwater, land subsidence resulting from groundwater withdrawal, and contamination of groundwater supplies. Groundwater use and development is restricted in these areas.
Interstate Mining Compact Commission (multi-state) Alabama
Arkansas
Illinois
Indiana
Kentucky
Louisiana
Maryland
Missouri
New York
North Carolina
North Dakota
Ohio
Oklahoma
Pennsylvania
South Carolina
Tennessee
Texas
Virginia
West Virginia
Safety and Operational Guidelines
Siting and Permitting
Yes Coal with CCS
Natural Gas
Nuclear
State/Province The Interstate Mining Compact is a multi-state governmental agency / organization that represents the natural resource and related environmental protection interests of its member states. Currently, 23 states are members to the compact, and 6 additional states are associate members. The compact is administered by the Interstate Mining Compact Commission, which does not possess regulatory powers but “provides a forum for interstate action and communication on issues of concern to the member states” and thus aids the development of effective regulatory programs and environmental protection initiatives. The Commission exercises several powers on behalf of the states, all of which are of a study, recommendatory or consultative nature. The Commission does not possess regulatory powers, as some Compacts do. The Commission provides a forum for interstate action and communication on issues of concern to the member states. It is the potential to stimulate the development and production of each state's mineral wealth through effective regulatory programs that draws many of the states together in the prosecution of the Commission's work. Given the environmental sensitivities associated with this objective, a significant portion of the Commission's work is dedicated to the environmental protection issues naturally associated with this mineral development. It is the significant value and clout that comes from "compacting" together and speaking with a strong, united voice that can make a difference in each state's efforts to implement effective regulatory programs that will conserve natural resources and secure a vibrant state (and thus national) mineral economy.
Interstate Oil and Gas Conservation Compact (Multiple States) Alabama
Alaska
Arizona
Arkansas
California
Colorado
Florida
Georgia
Idaho
Illinois
Indiana
Kansas
Kentucky
Louisiana
Maryland
Michigan
Mississippi
Montana
Nebraska
Nevada
New Mexico
New York
North Dakota
Ohio
Oklahoma
Pennsylvania
South Dakota
Texas
Utah
Virginia
West Virginia
Wyoming
Environmental Regulations Yes Coal with CCS
Natural Gas
Biomass/Biogas
State/Province The Interstate Oil and Gas Compact Commission assists member states efficiently maximize oil and natural gas resources through sound regulatory practices while protecting the nation's health, safety and the environment.

The Commission serves as the collective voice of member governors on oil and gas issues and advocates states' rights to govern petroleum resources within their borders.

The Commission formed the Geological CO2 Sequestration Task Force, which examines the technical, policy and regulatory issues related to safe and effective storage of CO2 in the subsurface (depleted oil and natural gas fields, saline formations and coal beds).

The Commission also funds research on hydraulic fracking, reusing water used in extracting oil and gas, and makes recommendations on national energy policies and statutes for individual states.

The Commission also has several associate states: North Carolina, South Carolina, Georgia, Tennessee, Missouri, Idaho, Oregon and Washington. In addition, it has international affiliations with the Canadian provinces of Alberta, British Columbia, New Brunswick, Newfoundland and Labrador, Nova Scotia, Saskatchewan, and the Yukon.
Mineral Leases by Political Subdivisions (Texas) Texas Siting and Permitting Yes Coal with CCS
Nuclear
Local This legislation authorizes local political subdivisions to lease lands they own for the development of mineral interests, including coal and lignite. A public hearing process is required prior to the lease of such lands. This legislation addresses the pooling of mineral leases, royalties, and other lease terms.
Minerals on Public Lands (Texas) Texas Siting and Permitting Yes Coal with CCS
Nuclear
State/Province Any tract of land that belongs to the state, including islands, salt and freshwater lakes, bays, inlets, marshes, and reefs owned by the state within tidewater limits, the part of the Gulf of Mexico within the state's jurisdiction, unsold surveyed public school land, rivers and channels that belong to the state, and land sold with a reservation of minerals to the state are subject to prospect by any person for those minerals which are not subject to lease or permit under any other statute. A person may not prospect from a location within 2,500 feet of a military base, but prospectors may, from a location more than 2,500 feet from a base, look for minerals within the 2,500-foot strip. A permit is required to prospect on public land, and this legislation describes required permit applications and the permitting process. This legislation also addresses the lease of mineral rights to landowners who own the surface of the land in question.
Municipal Utility Districts (Texas) Texas Environmental Regulations Yes Coal with CCS
Geothermal Electric
Natural Gas
Nuclear
Biomass/Biogas
Hydroelectric energy
Hydroelectric (Small)
State/Province Municipal Utility Districts, regulated by the Public Utilities Commission of Texas, may be created for the following purposes: (1) the control, storage, preservation, and distribution of its storm water and floodwater, the water of its rivers and streams for irrigation, power, and all other useful purposes; (2) the reclamation and irrigation of its arid, semiarid, and other land needing irrigation; (3) the reclamation and drainage of its overflowed land and other land needing drainage; (4) the conservation and development of its forests, water, and hydroelectric power; (5) the navigation of its inland and coastal water; (6) the control, abatement, and change of any shortage or harmful excess of water; (7) the protection, preservation, and restoration of the purity and sanitary condition of water within the state; and (8) the preservation of all natural resources of the state. The legislation contains information about district formation and operations, finances, and the power to issue bonds and notes.
New Technology Implementation for Facilities and Stationary Sources (Texas) Texas Grant Program No Coal with CCS
Energy Storage
Fuel Cells
Natural Gas
Nuclear
Biomass/Biogas
State/Province The New Technology Implementation Grant Program was established in 2009 to assist the implementation of new technologies to reduce emissions from facilities and other stationary sources in this state. The program is currently inactive, but the legislation is set to expire only in August 2019, so it is possible that the program will be reopened.
Oil and Gas on Public Lands (Texas) Texas Siting and Permitting Yes Natural Gas State/Province The School Land Board may choose to lease lands for the production of oil and natural gas, on the condition that oil and gas resources are leased together and separate from other minerals. Lands that may be leased include: (1) islands, saltwater lakes, bays, inlets, marshes, and reefs owned by the state within tidewater limits; (2) the portion of the Gulf of Mexico within the jurisdiction of the state; (3) all unsold surveyed and unsurveyed public school land; and (4) all land sold with a reservation of minerals to the state under Section 51.054 or 51.086 of this code in which the state has retained leasing rights. This legislation contains additional provisions for such leases, and specifically addresses the development of riverbeds and channels, the payment of royalties, the unitization and relinquishment of leased lands, and geophysical and geochemical exploration permits.
Ownership of Carbon Dioxide Captured by Clean Coal Project (Texas) Texas Safety and Operational Guidelines Yes Coal with CCS State/Province This legislation stipulates that the Railroad Commission of Texas automatically acquires the title to any carbon dioxide captured by a clean coal project in the state. The Bureau of Economic Geology of The University of Texas at Austin is responsible for monitoring, measuring, and verifying the permanent status of sequestered carbon dioxide
Pecos River Compact (Texas) Texas Environmental Regulations Yes Coal with CCS
Natural Gas
Nuclear
Biomass/Biogas
Hydroelectric energy
Hydroelectric (Small)
State/Province This legislation authorizes the state's entrance into the Pecos River Compact, a joint agreement between the states of New Mexico and Texas. The compact is administered by the Pecos River Compact Commission, which is composed of representatives from the member states. The Commission has the authority to provide for the equitable division and apportionment of the use of the waters of the Pecos River; to promote interstate comity; to remove causes of present and future controversies; to make secure and protect present development within the states; to facilitate the construction of works for, (a) the salvage of water, (b) the more efficient use of water, and (c) the protection of life and property from floods.
Protection of Public Parks and Recreational Lands (Texas) Texas Siting and Permitting Yes Coal with CCS
Concentrating Solar Power
Energy Storage
Fuel Cells
Geothermal Electric
Natural Gas
Nuclear
Tidal Energy
Wave Energy
Wind energy
Biomass/Biogas
Hydroelectric energy
Hydroelectric (Small)
Solar Photovoltaics
State/Province A program or project that requires the use of a public park, recreational area, scientific area, wildlife refuge, or historic site may not be approved by any department, agency, political subdivision, county, or municipality of this state unless there is no feasible and prudent alternative to the use or taking of such land; and the program or project includes all reasonable planning to minimize harm to the land resulting from the use or taking.
Public Utility Regulatory Act, Alternative Energy Providers (Texas) Texas Safety and Operational Guidelines Yes Coal with CCS
Concentrating Solar Power
Energy Storage
Fuel Cells
Geothermal Electric
Natural Gas
Nuclear
Tidal Energy
Wave Energy
Wind energy
Biomass/Biogas
Hydroelectric energy
Hydroelectric (Small)
Solar Photovoltaics
State/Province Chapter 35 of the Public Utility Regulatory Act specifically addresses alternative energy providers, and contains provisions designed to aid such providers in selling power in Texas's competitive utility market. The legislation prohibits utilities from expressing undue preference for purchasing power from affiliates, and requires utilities to provide fair transmission service to alternative energy providers. In addition, the legislation specifically addresses distributed generation natural gas facilities and energy storage facilities.
Qualifying RPS State Export Markets (Texas) Texas Renewables Portfolio Standards and Goals Yes Concentrating Solar Power
Energy Storage
Fuel Cells
Geothermal Electric
Tidal Energy
Wave Energy
Wind energy
Natural Gas
Biomass/Biogas
Hydroelectric energy
Hydroelectric (Small)
Solar Photovoltaics
State/Province This entry lists the states with Renewable Portfolio Standard (RPS) policies that accept generation located in Texas as eligible sources towards their RPS targets or goals. For specific information with regard to eligible technologies or other restrictions which may vary by state, see the RPS policy entries for the individual states, shown below in the Authority listings. Typically energy must be delivered to an in-state utility or Load Serving Entity, and often only a portion of compliance targets may be met by out-of-state generation. In addition to geographic and energy delivery requirements, ownership, registry, and other requirements may apply, such as resource eligibility, generator vintage and capacity limitations, as well as limits on Renewable Energy Certificate (REC) vintage. The listing applies to RPS Main Tiers only, and excludes solar or distributed generation that may require interconnection only within the RPS state. This assessment is based on energy delivery requirements and reasonable transmission availability. Acceptance of unbundled RECs varies. There may be additional sales opportunities in RPS states outside the Eastern Interconnection. REC prices in markets with voluntary goals (North Dakota, South Dakota) may be lower.
Rating of Solar Energy Devices (Texas) Texas Equipment Certification Yes Concentrating Solar Power
Solar Photovoltaics
State/Province The Public Utility Commission has regulatory authority over solar energy devices installed and used in the state of Texas. The Commission can choose to adopt standards pertaining to the rating of solar energy devices, and any person who rates, labels, or certifies the performance of a solar energy device in this state must comply with these standards. Adopted standards are subject to periodic review. If national standards for rating and certifying solar energy devices are developed by a federal agency in conjunction with the states and industry, the commission shall adopt those national standards as the standards for use in this state.
Red River Compact (Texas) Texas Environmental Regulations Yes Coal with CCS
Natural Gas
Nuclear
Biomass/Biogas
Hydroelectric energy
Hydroelectric (Small)
State/Province The Red River Compact Commission administers the Red River Compact to ensure that Texas receives its equitable share of quality water from the Red River and its tributaries as apportioned by the Compact. The Compact includes the states of Oklahoma, Arkansas, Louisiana, and Texas. The principal purposes of this Compact are: (a) To promote interstate comity and remove causes of controversy between each of the affected states by governing the use, control and distribution of the interstate water of the Red River and its tributaries; (b) To provide an equitable apportionment among the Signatory States of the water of the Red River and its tributaries; (c) To promote an active program for the control and alleviation of natural deterioration and pollution of the water of the Red River Basin and to provide for enforcement of the laws related thereto; (d) To provide the means for an active program for the conservation of water, protection of lives and property from floods, improvement of water quality, development of navigation and regulation of flows in the Red River Basin; and (e) To provide a basis for state or joint state planning and action by ascertaining and identifying each state's share in the interstate water of the Red River Basin and the apportionment thereof.
Refund for Economic Development (Texas) Texas Sales Tax Incentive Yes Coal with CCS
Concentrating Solar Power
Energy Storage
Fuel Cells
Geothermal Electric
Natural Gas
Nuclear
Tidal Energy
Wave Energy
Wind energy
Biomass/Biogas
Hydroelectric energy
Hydroelectric (Small)
Solar Photovoltaics
State/Province The Refund for Economic Development under the Tax Code for state tax refunds for economic development. Some Texas property owners may be eligible to receive refunds of state sales and use taxes and franchise taxes for paying local school property taxes, subject to the following requirements. To be eligible for a refund, a property owner must have established a new business in a reinvestment zone or expanded or modernized an existing business located in the zone.
Regional Districts (Texas) Texas Environmental Regulations Yes Coal with CCS
Natural Gas
Nuclear
Biomass/Biogas
Hydroelectric energy
Hydroelectric (Small)
Local Adjacent Water Control and Improvement Districts and Municipal Utility Districts can opt to form a Regional District to oversee water issues. Such districts may be created:(1) to purchase, own, hold, lease, and otherwise acquire sources of water supply; (2) to build, operate, and maintain facilities for the transportation of water; (3) to sell water to cities, to political subdivisions of this state, to water supply corporations, to private business entities, and to individuals; (4) to purchase, own, hold, lease, and otherwise acquire equipment and mechanisms necessary for sanitary sewer and wastewater treatment; (5) to build, operate, and maintain facilities for sanitary sewer and wastewater treatment; (6) to transport and treat sanitary sewer and wastewater effluent of cities and political subdivisions of this state and for private business entities or individuals; (7) to purchase, own, hold, lease, and otherwise acquire equipment and mechanisms for the drainage of storm water and floodwater; and (8) for any of the purposes of Municipal Utility Districts.
Regulation of Natural Gas (Texas) Texas Safety and Operational Guidelines Yes Natural Gas State/Province This legislation provides for the protection of public and private interests with regards to natural gas production, prohibits waste, and compels ratable production to enable owners of gas in a common reservoir to produce and use the gas. Chapter 87 applies specifically to the production of sour natural gas.
Reinvestment Zones (Texas) Texas Enterprise Zone Yes Coal with CCS
Concentrating Solar Power
Energy Storage
Fuel Cells
Geothermal Electric
Natural Gas
Nuclear
Tidal Energy
Wave Energy
Wind energy
Biomass/Biogas
Hydroelectric energy
Hydroelectric (Small)
Solar Photovoltaics
Local Reinvestment Zones a local economic development tool used by municipalities and counties throughout the state of Texas. These zones can be created for the purpose of granting local businesses ad valorem property tax abatements on a portion of the value of real and/or tangible personal property located in the zone, for a period of up to 10 years.
Renewable Energy Tax Incentive Program (Texas) Texas Corporate Tax Incentive No Coal with CCS
Concentrating Solar Power
Energy Storage
Fuel Cells
Geothermal Electric
Natural Gas
Nuclear
Tidal Energy
Wave Energy
Wind energy
Biomass/Biogas
Hydroelectric energy
Hydroelectric (Small)
Solar Photovoltaics
State/Province The Renewable Energy Tax Incentive Program provides various tax exemptions to businesses that either use or manufacture or install solar or wind energy. They can receive franchise tax deductions and/or exemptions. There also exists a property tax exemption involving solar, wind, biomass, and anaerobic digestion for business installation or construction of such systems. The program is administered through the State Energy Conservation Office and is available to manufacturers, sellers, or installers, and for installations.
Rio Grande Compact (Texas) Texas Environmental Regulations Yes Coal with CCS
Natural Gas
Nuclear
Biomass/Biogas
Hydroelectric energy
Hydroelectric (Small)
State/Province This legislation authorizes the state's entrance into the Rio Grande Compact, a joint agreement between the states of Colorado, New Mexico, and Texas. The compact is administered by the Rio Grande Compact Commission, which is composed of representatives from each member state. The Commission has the authority to regulate water use and diversion, as well as pollution prevention and mitigation, of the Rio Grande River.
Sabine River Compact (Multiple States) Texas
Louisiana
Siting and Permitting Yes Coal with CCS
Natural Gas
Nuclear
Biomass/Biogas
Hydroelectric energy
Hydroelectric (Small)
State/Province The Sabine River Compact Commission administers the Sabine River Compact to ensure that Texas receives its equitable share of quality water from the Sabine River and its tributaries as apportioned by the Compact. The Compact includes the states of Texas and Louisiana. In addition, the SRCC cooperates with Louisiana for programs to increase the quantity and improve the quality of water available to Texas.
School Land Board (Texas) Texas Siting and Permitting Yes Coal with CCS
Natural Gas
State/Province The School Land Board oversees the use of land owned by the state or held in trust for use and benefit by the state or one of its departments, boards, or agencies. The Board is responsible for leasing such lands for the development of mineral interests, and can set prices, rules, terms, and conditions for such leases.
Soil and Water Conservation (Texas) Texas Environmental Regulations Yes Coal with CCS
Concentrating Solar Power
Energy Storage
Fuel Cells
Geothermal Electric
Natural Gas
Nuclear
Tidal Energy
Wave Energy
Wind energy
Biomass/Biogas
Hydroelectric energy
Hydroelectric (Small)
Solar Photovoltaics
State/Province The Texas State Soil and Water Conservation Board is established to encourage and oversee soil-conserving land-use practices, and to provide for the conservation of soil and related resources and the control and prevention of soil erosion, and thereby to preserve natural resources, control floods, prevent impairment of dams and reservoirs, assist in maintaining the navigability of rivers and harbors, preserve wildlife, protect the tax base, protect public lands, and public health and welfare. The Board works with other state agencies to enact regulations related to soil and water conservation, provides advice and technical assistance to the state's Soil and Water Conservation Districts, and administers a number of water quality programs.
Solid Waste Disposal Act (Texas) Texas Siting and Permitting Yes Biomass/Biogas State/Province The Texas Commission on Environmental Quality is responsible for the regulation and management of municipal solid waste and hazardous waste. A fee is applied to all solid waste disposed in the state of Texas. This legislation contains additional provisions pertaining to the disposal of municipal, hazardous, and industrial waste and waste reduction programs. To the extent economically and technologically feasible, it is the state's policy to employ the following waste disposal methods, in order of preference:

For municipal solid waste, not including sludge: (1) source reduction and waste minimization; (2) reuse or recycling of waste; (3) treatment to destroy or reprocess waste to recover energy or other beneficial resources if the treatment does not threaten public health, safety, or the environment; (4) land disposal.

For municipal sludge: (1) source reduction and minimization of sludge production and concentrations of heavy metals and other toxins in sludge; (2) treatment of sludge to reduce pathogens and recover energy, produce beneficial by-products, or reduce the quantity of sludge; (3) marketing and distribution of sludge and sludge products if the marketing and distribution do not threaten public health, safety, or the environment; (4) applying sludge to land for beneficial use; (5) land treatment; (6) landfilling.

For hazardous waste: (1) source reduction; (2) reuse or recycling of waste, or both; (3) treatment to destroy hazardous characteristics; (4) treatment to reduce hazardous characteristics; (5) underground injection;

(6) land disposal.
Solid Waste Resource Recovery Financing Act (Texas) Texas Industry Recruitment/Support Yes Biomass/Biogas State/Province The State of Texas encourages the processing of solid waste for the purpose of extracting, converting to energy, or otherwise separating and preparing solid waste for reuse. This Act provides for the financing of certain resource recovery projects using bonds and notes, although it is unclear specifically which projects are eligible.
Southern States Energy Compact (Multiple States) Alabama
Arkansas
Florida
Georgia
Kentucky
Louisiana
Maryland
Mississippi
Missouri
North Carolina
Oklahoma
Puerto Rico
South Carolina
Tennessee
Texas
United States Virgin Islands
Virginia
West Virginia
Industry Recruitment/Support
Environmental Regulations
Yes Coal with CCS
Concentrating Solar Power
Energy Storage
Fuel Cells
Geothermal Electric
Natural Gas
Nuclear
Tidal Energy
Wave Energy
Wind energy
Biomass/Biogas
Hydroelectric energy
Hydroelectric (Small)
Solar Photovoltaics
State/Province The Southern States Energy Compact provides for the proper employment and conservation of energy, and for the employment of energy-related facilities, materials, and products, within the context of a responsible regard for the environment, among the Southeastern states, Puerto Rico, and the U.S. Virgin Islands. The Southern States Energy Board is responsible for administering the Compact and may adopt bylaws, rules, and regulations in conjunction with state agencies. The Board also encourages the development, conservation, and responsible use of energy and energy-related facilities, installations, and products as part of a balanced economy and a healthy environment.
Subsurface Excavations (Texas) Texas Environmental Regulations
Siting and Permitting
Yes Coal with CCS
Nuclear
State/Province This legislation addresses subsurface excavations conducted for all purposes other than the exploration or production of gas and oil resources that may adversely affect water resources of the state. Excavations regulated by this legislation, including those intended for the purpose of waste disposal, require a permit from the Texas Commission on Environmental Quality.
Texas Capital Fund (Texas) Texas Public Benefits Fund
Grant Program
Yes Natural Gas
Biomass/Biogas
State/Province The Texas Capital Fund is designed to promote growth in rural non-entitlement areas, generally defined as cities with less than 50,000 residents or counties with less than 200,000 residents. Specifically, the Infrastructure Development Program funds may be used for construction and/or improvements of projects such as natural gas line and electric transmission services, or pre-treatment facilities. A minimum of 51% or more of all the jobs created or retained by the business must benefit persons who qualify as low or middle income. The standard maximum award is $750,000 with two jumbo awards of $1,000,000 and one jumbo award of $1,500,000 offered each program year. The minimum award is $50,000.
Texas Clean Air Act (Texas) Texas Environmental Regulations Yes Coal with CCS
Fuel Cells
Natural Gas
Nuclear
Biomass/Biogas
State/Province This Act is designed to safeguard the state's air resources from pollution by requiring the control and abatement of air pollution and emissions of air contaminants, consistent with the protection of public health, general welfare, and physical property, including the esthetic enjoyment of air resources by the public and the maintenance of adequate visibility. The Act authorizes the Texas Commission on Environmental Quality to develop a comprehensive plan for controlling emissions, designate air quality control regions, create an emissions inventory, create and update a watch list for certain air pollutants, and establish allowable standards for the emission of those pollutants. The Act contains additional information on monitoring and reporting requirements, provisions pertaining to specific agricultural and industrial facilities, emission events, permitting, and advanced clean energy projects.
Texas Emissions Reduction Plan (Texas) Texas Grant Program No Coal with CCS
Concentrating Solar Power
Energy Storage
Fuel Cells
Geothermal Electric
Natural Gas
Biomass/Biogas
Solar Photovoltaics
State/Province The TERP program provides financial incentives to eligible individuals, businesses or local governments to reduce emissions from polluting vehicles and equipment. Many of the program's initiatives are targeted towards motor vehicle and on-road emissions, but the program also supports emissions reduction from other sources. Past grants have gone to energy storage from renewable energy and alternative fuels technology. While many of the vehicle grant programs are active, the renewable technology grants are not currently active.
Texas Radiation Control Act (Texas) Texas Environmental Regulations Yes Nuclear State/Province It is the policy of the state to institute and maintain a regulatory program for radiation sources that is compatible with federal standards and regulatory programs, and, to the degree possible, compatible with other states' systems. The program permits the development and use of sources of radiation for peaceful purposes consistent with public health and safety and environmental protection. This legislation contains provisions for the management and disposal of low-level radioactive waste, licensing and registration, and facility siting and finances.
Texas Surface Coal Mining and Reclamation Act (Texas) Texas Environmental Regulations
Siting and Permitting
Yes Coal with CCS State/Province The Railroad Commission of Texas regulates all surface mining activities for the extraction of coal. The Commission acts with the authority of the Texas Surface Coal Mining and Reclamation Act, which establishes that the state of Texas has exclusive jurisdiction over the regulation of surface coal mining and reclamation operations in the state, in accordance with the federal Surface Coal Mining and Reclamation Act. The Act establishes that the extraction of coal by responsible mining operations is an essential and beneficial economic activity, provides for the reclamation of land used for mining operations, seeks to strike a balance between environmental protection and agricultural productivity and the state's need for coal as an essential source of energy, provides for the rights of surface landowners, and aims to assure that surface coal mining operations are conducted in a manner that will prevent the unreasonable degradation of land and water resources.
Texas Uranium Exploration, Surface Mining, and Reclamation Act (Texas) Texas Environmental Regulations
Safety and Operational Guidelines
Yes Nuclear State/Province The Railroad Commission of Texas is the regulatory authority for uranium surface mining. Law authorizes the Commission to assure that reclamation of mining sites is possible, to protect land owners and the environment through regulation and permitting, and to ensure that mining is operated within the rules and regulations to prevent unreasonable degradation of land and water resources.
Underground Injection Control Permits and Registrations (Texas) Texas Environmental Regulations
Safety and Operational Guidelines
Yes Coal with CCS
Geothermal Electric
Natural Gas
Nuclear
Biomass/Biogas
State/Province Chapter 27 of the Texas Water Code (the Injection Well Act) defines an “injection well” as “an artificial excavation or opening in the ground made by digging, boring, drilling, jetting, driving, or some other method, and used to inject, transmit, or dispose of industrial and municipal waste or oil and gas waste into a subsurface stratum; or a well initially drilled to produce oil and gas which is used to transmit, inject, or dispose of industrial and municipal waste or oil and gas waste into a subsurface stratum; or a well used for the injection of any other fluid; but the term does not include any surface pit, surface excavation, or natural depression used to dispose of industrial and municipal waste or oil and gas waste.” All injection wells are regulated by either Texas Commission on Environmental Quality or the Railroad Commission of Texas.

Included in the TCEQ's jurisdiction are wells that inject municipal, industrial, or hazardous wastes into a layer that is below the lowermost underground source of drinking water; wells that inject fluids to extract uranium or sulfur and to get rid of waste byproducts from the mining operation; wells that inject hazardous waste above an underground source of drinking water; any well or similar apparatus that releases a liquid or liquids into or above an underground source of drinking water.

The Railroad Commission of Texas has jurisdiction over: Wells injecting waste arising out, of or incidental to, drilling for or production of oil, gas, or geothermal resources (Class II).

Wells injecting waste arising out of, or incidental to, the underground storage of hydrocarbons other than storage in artificial tanks or containers (Class II).

Wells injecting waste arising out of, or incidental to, the operation of gasoline plants, natural gas processing plants, or pressure-maintenance or repressurizing plants. The injected waste fluid (usually salt water) may be commingled with wastewaters from gas plants, unless those waters are classified as hazardous waste at the time of injection. (Class II.)

Wells used for the enhanced recovery (secondary recovery) of oil or natural gas (Class II).

Wells used for the underground storage of hydrocarbons that are liquid at standard temperature and pressure (Class II).

Salt-mining/brine injection wells (Class III).

Wells used for in situ combustion of fossil fuels (in situ coal and lignite gasification) (Class V).

Injection wells associated with geothermal resources (Class V).
Uranium Recovery Surface Activities (Texas) Texas Environmental Regulations
Safety and Operational Guidelines
Yes Nuclear State/Province This section of the Texas Commission on Environmental Quality enforces and makes the rules and regulations for handling and recovering radioactive materials associated with in situ mining in Texas. The Commission regulates the licensing review process, public notice, and forms to be used by all persons or businesses who wish to handle, process, store radioactive waste, or recover source material in Texas. Included are regulations and guidelines for recovery, storage, processing, disposal of by-products, and inspections of facilities.
Verification, Monitoring, and Certification of Clean Energy Project (Texas) Texas Safety and Operational Guidelines Yes Coal with CCS State/Province The Railroad Commission of Texas has the authority to certify a project as a clean energy project. An applicant is responsible for contracting with the Bureau of Economic Geology of The University of Texas at Austin for conducting a monitoring, measuring, and verification process that demonstrates that the project complies with the standards for a clean energy project. Only three clean energy projects may receive a certificate of compliance from the Commission. For the purposes of this legislation, a "clean energy project" is defined as a coal-fueled or petroleum coke-fueled electric generating facility, including a facility in which the fuel is gasified before combustion, that will: (A) have a capacity of at least 200 MW; (B) meet the emissions profile for an advanced clean energy project under Section 382.003(1-a)(B), Health and Safety Code; (C) capture at least 70 percent of the carbon dioxide resulting from or associated with the generation of electricity by the facility; (D) be capable of permanently sequestering in a geological formation the carbon dioxide captured; and (E) be capable of supplying the carbon dioxide captured for purposes of an enhanced oil recovery project.
Water Control and Improvement Districts (Texas) Texas Environmental Regulations Yes Coal with CCS
Concentrating Solar Power
Natural Gas
Nuclear
Wind energy
Biomass/Biogas
Hydroelectric energy
Hydroelectric (Small)
Solar Photovoltaics
Local The Texas Commission on Environmental Quality is authorized to review and establish local water districts throughout the state of Texas. The Water Code gives the Commission the right of supervision over all districts and authorities. While the Commission does not regulate daily operations of the districts, staff helps district board members and their consultants to understand the complex and varied laws and regulations under which a district must operate. Districts also must comply with state and federal regulations before they can engage in various activities. Local water districts are authorized to plan for the control, use, and appropriation of water in their jurisdiction. Districts may engage in flood control, irrigation, drainage, reclamation, preservation of water resources, development of forests, development of hydroelectric power, navigation, and sewage disposal. Districts may encompass a single county or multiple counties, and may choose to join together to form a Master District to oversee water planning activities on a larger scale.
Water Quality Control (Texas) Texas Environmental Regulations Yes Coal with CCS
Natural Gas
Nuclear
Biomass/Biogas
State/Province The policy of the state of Texas is to promote the quality of the state's water by regulating existing industries, taking into consideration the economic development of the state, and by encouraging and promoting the development and use of regional and areawide waste collection, treatment, and disposal systems. Watershed monitoring and quality assessment are performed by the Texas Water Development Board, and the Board, in conjunction with state Soil and Water Conservation Districts, will recommend and implement strategies for mitigation and development in order to minimize pollution impacts. The Board and the Texas Commission on Environmental Quality (previously known as the Texas Natural Resource Conservation Commission) are also responsible for setting water quality standards for the state's water bodies. The Commission is the entity responsible for issuing permits for the discharge of waste or pollutants into or adjacent to water in the state.
Water Rights (Texas) Texas Environmental Regulations Yes Coal with CCS
Natural Gas
Nuclear
Biomass/Biogas
Hydroelectric energy
Hydroelectric (Small)
State/Province The Texas Commission on Environmental Quality regulates the water rights for the state of Texas. Water and state water may be appropriated, stored, or diverted in the state of Texas for beneficial uses in reasonable amounts, with certain conditions. The Commission issues permits and regulations for water rights in Texas.

Included in beneficial uses are: agricultural and industrial uses; processes designed to convert materials into forms having greater usability and commercial value, including the development of power by means other than hydroelectric; mining and recovery of minerals; and hydroelectric power.

The Texas Water Bank, including the Texas Water Trust, is managed by the Texas Water Development Board (TWDB). The Bank facilitates the marketing and transfer of water and water rights through the provision of information describing availability and needs for water in the State.

Section 12 of the Water Code describes permit applications for water use in more detail, and section 13 focuses on water rates and services.
Water Wells and Drilled or Mined Shafts (Texas) Texas Environmental Regulations
Fees
Yes Coal with CCS
Natural Gas
Nuclear
State/Province The drilling, excavation, and construction of a water well or mine shaft requires a permit from the Texas Commission on Environmental Quality (previously known as the Texas Natural Resource Conservation Commission). With respect to mine shafts, the Commission will only grant a permit if surface and ground waters can be protected from pollution.