Texas 2025 - 89th Regular

Texas Senate Bill SB2321 Compare Versions

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1	1	By: King S.B. No. 2321
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the regulation of emissions by the Texas Commission on
9	9	Environmental Quality during an event affecting electric demand or
10	10	grid reliability.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter D, Chapter 382, Health and Safety
13	13	Code, is amended by adding Section 382.086 to read as follows:
14	14	Sec. 382.086. ENFORCEMENT DURING ELECTRIC DEMAND AND
15	15	RELIABILITY EVENT. (a) The commission shall exercise the
16	16	commission's enforcement discretion to waive enforcement for
17	17	emissions from generation facilities and on-site backup generation
18	18	facilities in the ERCOT power region during a period requested by
19	19	the independent organization certified under Section 39.151,
20	20	Utilities Code, for the ERCOT power region if the independent
21	21	organization notifies the commission that electric demand and
22	22	reliability needs in the region cannot be met or that a local
23	23	electric grid reliability issue in the region exists during that
24	24	period.
25	25	(b) After the independent organization submits a
26	26	notification to the commission under Subsection (a):
27	27	(1) the independent organization shall notify market
28	28	participants in the ERCOT power region of the period in the
29	29	notification during which limits or standards described by
30	30	Subdivision (2) do not apply to the operation of a generation
31	31	facility or on-site backup generation facility in the ERCOT power
32	32	region; and
33	33	(2) notwithstanding any other law and subject to
34	34	Subsection (d), the commission may not enforce a rule or standard,
35	35	including an emissions limit or standard, hours of operation limit,
36	36	or any similar operational limit, against the owner or operator of a
37	37	generation facility or on-site backup generation facility for the
38	38	period in the notification.
39	39	(c) The owner or operator of a generation facility or
40	40	on-site backup generation facility eligible for waived enforcement
41	41	during the period in a notification submitted under Subsection (a)
42	42	shall:
43	43	(1) take commercially reasonable steps to operate
44	44	environmental controls and minimize excess emissions during the
45	45	period;
46	46	(2) maintain operational records during the period;
47	47	and
48	48	(3) submit proper documentation of the facility's
49	49	operational records to the commission, including:
50	50	(A) the facility's name;
51	51	(B) a contact name and phone number;
52	52	(C) the county in which the facility is located;
53	53	(D) the customer reference number issued to the
54	54	facility by the commission;
55	55	(E) the name of any units in the facility that
56	56	exceeded an emissions limit or standard during the period; and
57	57	(F) a description of the emissions event,
58	58	including the date, time, pollutant, quantity, and duration.
59	59	(d) The commission may not consider an exceedance of an
60	60	emissions limit or standard during a period for which a
61	61	notification is submitted under Subsection (a) as the basis for an
62	62	enforcement action against the owner or operator of a generation
63	63	facility or on-site backup generation facility unless the owner or
64	64	operator fails to submit the documentation required by Subsection
65	65	(c)(3).
66	66	(e) The owner or operator of a generation facility or an
67	67	on-site backup generation facility eligible for waived enforcement
68	68	during the period in a notification submitted under Subsection (a)
69	69	may report any exceedance of an emissions limit or standard as an
70	70	event that did not result in the emission of at least a reportable
71	71	quantity of unauthorized emissions, in accordance with commission
72	72	regulations and permit requirements.
73	73	SECTION 2. This Act takes effect September 1, 2025.