Texas 2025 - 89th Regular

Texas Senate Bill SB2321

Filed
3/11/25  
Out of Senate Committee
4/7/25  
Voted on by Senate
4/16/25  
Out of House Committee
5/21/25  
Voted on by House
5/28/25  
Governor Action
6/20/25  

Caption

Relating to the regulation of emissions by the Texas Commission on Environmental Quality during an event affecting electric demand or grid reliability.

Impact

If enacted, SB2321 would amend existing laws that govern emissions regulation in Texas, allowing for a more flexible approach during electricity demand surges. This change is significant, as it may provide temporary relief to operators concerning emissions compliance when the grid is under stress. Proponents argue that the flexibility offered by the bill is essential for maintaining grid reliability while still holding operators accountable for exceeding emissions limitations when not under emergency conditions. However, it raises questions about how such waivers could affect long-term environmental health and emissions goals.

Summary

Senate Bill 2321 addresses the regulation of emissions by the Texas Commission on Environmental Quality (TCEQ) during periods of elevated electric demand or grid reliability concerns. The bill allows the TCEQ to exercise enforcement discretion and temporarily waive certain emissions limits for electric generation facilities and on-site backup generation facilities if an independent system operator indicates that additional electric generation is necessary to avoid or mitigate an emergency condition. This approach aims to ensure that there is sufficient electricity supply during critical times without the immediate constraints of stringent emissions regulations.

Sentiment

The general sentiment surrounding the bill appears to be mixed. Supporters, primarily from the energy sector, advocate for the necessity of the measures to ensure that the state's electricity needs are met during emergencies. Conversely, environmental advocacy groups and some legislators are concerned that the bill could set a precedent for relaxing emissions standards, potentially leading to long-term environmental degradation. The debate reflects broader tensions between energy needs and environmental protections.

Contention

Notable points of contention included concerns over the transparency and accountability of how the TCEQ would implement waiver decisions during emergency conditions. Critics argue that it could lead to unchecked emissions during critical periods, effectively undermining existing environmental protections. Additionally, the potential for increased pollution in communities near electric generation facilities could raise public health concerns that were discussed during committee hearings. These discussions indicate a divide on balancing regulatory enforcement with energy reliability needs.

Texas Constitutional Statutes Affected

Health And Safety Code

  • Chapter 382. Clean Air Act
    • Section: New Section
    • Section: New Section
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    • Section: New Section
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Utilities Code

  • Chapter 39. Restructuring Of Electric Utility Industry
    • Section: 151
    • Section: 151
    • Section: 151
    • Section: 151
    • Section: 151

Companion Bills

No companion bills found.

Previously Filed As

TX SB1397

Relating to the continuation and functions of the Texas Commission on Environmental Quality.

TX HB1505

Relating to the continuation and functions of the Texas Commission on Environmental Quality.

TX HB2905

Relating to air quality permits issued by the Texas Commission on Environmental Quality.

TX HB4957

Relating to the regulation by the Texas Commission on Environmental Quality of the discharge of preproduction plastic.

TX HB4952

Relating to the reliability of the electricity supply chain.

TX HB26

Relating to the permitting of medical waste facilities by the Texas Commission on Environmental Quality.

TX SB330

Relating to the resilience of the electric grid and certain municipalities.

TX SB845

Relating to an affirmative defense to a Texas Commission on Environmental Quality enforcement action for unauthorized emission events.

TX HB3810

Relating to certain notices provided to the Texas Commission on Environmental Quality by public water supply systems.

TX HB4819

Relating to the regulation by the Texas Commission on Environmental Quality of certain solid waste processing facilities.

Similar Bills

No similar bills found.