SB2321 - Relating to the regulation of emissions by the Texas Commission on Environmental Quality during an event affecting electric demand or grid reliability.

      S.B. No. 2321         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 may exercise the   commission's enforcement discretion to waive enforcement for   emissions from electric generation facilities and on-site backup   generation facilities in this state during a period requested by an   independent system operator if the independent system operator   notifies the commission that additional electric generation is   necessary to mitigate an emergency condition or a significant risk   of an emergency condition.           (b)     After an independent system operator submits a   notification to the commission under Subsection (a):                 (1)     the independent system operator shall notify   market participants in this state of the period in the notification   during which limits or standards described by Subdivision (2) may   not apply to the operation of an electric generation facility or   on-site backup generation facility in this state; and                 (2)     notwithstanding any other state law and subject to   Subsection (d), the commission has the discretion to 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 an electric generation facility or on-site   backup generation facility for the period in the notification.           (c)     The owner or operator of an electric 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 has the discretion to consider whether an   exceedance of an emissions limit or standard during a period for   which a notification is submitted under Subsection (a) is   appropriate as the basis for an enforcement action against the   owner or operator of an electric generation facility or on-site   backup generation facility based on information available to the   commission, including information contained in the documentation   required by Subsection (c)(3).           (e)     The owner or operator of an electric generation facility   or an on-site backup generation facility eligible for waived   enforcement during the period in a notification submitted under   Subsection (a) shall report any exceedance of an emissions limit or   standard in accordance with commission regulations and permit   requirements.          SECTION 2.  This Act takes effect September 1, 2025.               ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 2321 passed the Senate on   April 16, 2025, by the following vote: Yeas 31, Nays 0; and that   the Senate concurred in House amendment on May 30, 2025, by the   following vote: Yeas 31, Nays 0.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 2321 passed the House, with   amendment, on May 28, 2025, by the following vote: Yeas 140,   Nays 2, one present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor