Bill Text: TX SB2321 | 2025-2026 | 89th Legislature | Enrolled

Texas Senate Bill 2321

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

Sponsorship: Partisan Bill (Republican 2)

Status: (Passed) 2025-06-20 - Effective on 9/1/25 [SB2321 Detail]

Download: Texas-2025-SB2321-Enrolled.html



	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