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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of emissions by the Texas Commission on |
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Environmental Quality during an event affecting electric demand or |
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grid reliability. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 382, Health and Safety |
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Code, is amended by adding Section 382.086 to read as follows: |
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Sec. 382.086. ENFORCEMENT DURING ELECTRIC DEMAND AND |
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RELIABILITY EVENT. (a) The commission shall exercise the |
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commission's enforcement discretion to waive enforcement for |
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emissions from generation facilities and on-site backup generation |
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facilities in the ERCOT power region during a period requested by |
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the independent organization certified under Section 39.151, |
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Utilities Code, for the ERCOT power region if the independent |
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organization notifies the commission that electric demand and |
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reliability needs in the region cannot be met or that a local |
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electric grid reliability issue in the region exists during that |
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period. |
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(b) After the independent organization submits a |
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notification to the commission under Subsection (a): |
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(1) the independent organization shall notify market |
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participants in the ERCOT power region of the period in the |
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notification during which limits or standards described by |
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Subdivision (2) do not apply to the operation of a generation |
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facility or on-site backup generation facility in the ERCOT power |
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region; and |
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(2) notwithstanding any other law and subject to |
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Subsection (d), the commission may not enforce a rule or standard, |
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including an emissions limit or standard, hours of operation limit, |
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or any similar operational limit, against the owner or operator of a |
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generation facility or on-site backup generation facility for the |
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period in the notification. |
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(c) The owner or operator of a generation facility or |
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on-site backup generation facility eligible for waived enforcement |
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during the period in a notification submitted under Subsection (a) |
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shall: |
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(1) take commercially reasonable steps to operate |
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environmental controls and minimize excess emissions during the |
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period; |
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(2) maintain operational records during the period; |
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and |
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(3) submit proper documentation of the facility's |
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operational records to the commission, including: |
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(A) the facility's name; |
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(B) a contact name and phone number; |
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(C) the county in which the facility is located; |
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(D) the customer reference number issued to the |
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facility by the commission; |
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(E) the name of any units in the facility that |
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exceeded an emissions limit or standard during the period; and |
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(F) a description of the emissions event, |
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including the date, time, pollutant, quantity, and duration. |
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(d) The commission may not consider an exceedance of an |
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emissions limit or standard during a period for which a |
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notification is submitted under Subsection (a) as the basis for an |
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enforcement action against the owner or operator of a generation |
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facility or on-site backup generation facility unless the owner or |
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operator fails to submit the documentation required by Subsection |
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(c)(3). |
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(e) The owner or operator of a generation facility or an |
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on-site backup generation facility eligible for waived enforcement |
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during the period in a notification submitted under Subsection (a) |
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may report any exceedance of an emissions limit or standard as an |
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event that did not result in the emission of at least a reportable |
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quantity of unauthorized emissions, in accordance with commission |
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regulations and permit requirements. |
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SECTION 2. This Act takes effect September 1, 2025. |