By: King S.B. No. 2321
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of emissions by the Texas Commission on
Environmental Quality during an event affecting electric demand or
grid reliability.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 382, Health and Safety
Code, is amended by adding Section 382.086 to read as follows:
Sec. 382.086. ENFORCEMENT DURING ELECTRIC DEMAND AND
RELIABILITY EVENT. (a) The commission shall exercise the
commission's enforcement discretion to waive enforcement for
emissions from generation facilities and on-site backup generation
facilities in the ERCOT power region during a period requested by
the independent organization certified under Section 39.151,
Utilities Code, for the ERCOT power region if the independent
organization notifies the commission that electric demand and
reliability needs in the region cannot be met or that a local
electric grid reliability issue in the region exists during that
period.
(b) After the independent organization submits a
notification to the commission under Subsection (a):
(1) the independent organization shall notify market
participants in the ERCOT power region of the period in the
notification during which limits or standards described by
Subdivision (2) do not apply to the operation of a generation
facility or on-site backup generation facility in the ERCOT power
region; and
(2) notwithstanding any other law and subject to
Subsection (d), the commission may not enforce a rule or standard,
including an emissions limit or standard, hours of operation limit,
or any similar operational limit, against the owner or operator of a
generation facility or on-site backup generation facility for the
period in the notification.
(c) The owner or operator of a generation facility or
on-site backup generation facility eligible for waived enforcement
during the period in a notification submitted under Subsection (a)
shall:
(1) take commercially reasonable steps to operate
environmental controls and minimize excess emissions during the
period;
(2) maintain operational records during the period;
and
(3) submit proper documentation of the facility's
operational records to the commission, including:
(A) the facility's name;
(B) a contact name and phone number;
(C) the county in which the facility is located;
(D) the customer reference number issued to the
facility by the commission;
(E) the name of any units in the facility that
exceeded an emissions limit or standard during the period; and
(F) a description of the emissions event,
including the date, time, pollutant, quantity, and duration.
(d) The commission may not consider an exceedance of an
emissions limit or standard during a period for which a
notification is submitted under Subsection (a) as the basis for an
enforcement action against the owner or operator of a generation
facility or on-site backup generation facility unless the owner or
operator fails to submit the documentation required by Subsection
(c)(3).
(e) The owner or operator of a generation facility or an
on-site backup generation facility eligible for waived enforcement
during the period in a notification submitted under Subsection (a)
may report any exceedance of an emissions limit or standard as an
event that did not result in the emission of at least a reportable
quantity of unauthorized emissions, in accordance with commission
regulations and permit requirements.
SECTION 2. This Act takes effect September 1, 2025.