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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 may exercise the |
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commission's enforcement discretion to waive enforcement for |
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emissions from electric generation facilities and on-site backup |
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generation facilities in this state during a period requested by an |
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independent system operator if the independent system operator |
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notifies the commission that additional electric generation is |
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necessary to mitigate an emergency condition or a significant risk |
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of an emergency condition. |
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(b) After an independent system operator submits a |
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notification to the commission under Subsection (a): |
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(1) the independent system operator shall notify |
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market participants in this state of the period in the notification |
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during which limits or standards described by Subdivision (2) may |
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not apply to the operation of an electric generation facility or |
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on-site backup generation facility in this state; and |
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(2) notwithstanding any other state law and subject to |
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Subsection (d), the commission has the discretion to enforce a rule |
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or standard, including an emissions limit or standard, hours of |
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operation limit, or any similar operational limit, against the |
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owner or operator of an electric generation facility or on-site |
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backup generation facility for the period in the notification. |
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(c) The owner or operator of an electric generation facility |
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or on-site backup generation facility eligible for waived |
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enforcement during the period in a notification submitted under |
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Subsection (a) 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 has the discretion to consider whether an |
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exceedance of an emissions limit or standard during a period for |
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which a notification is submitted under Subsection (a) is |
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appropriate as the basis for an enforcement action against the |
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owner or operator of an electric generation facility or on-site |
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backup generation facility based on information available to the |
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commission, including information contained in the documentation |
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required by Subsection (c)(3). |
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(e) The owner or operator of an electric generation facility |
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or an on-site backup generation facility eligible for waived |
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enforcement during the period in a notification submitted under |
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Subsection (a) shall report any exceedance of an emissions limit or |
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standard in accordance with commission regulations and permit |
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requirements. |
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SECTION 2. This Act takes effect September 1, 2025. |