Senate Bill No. 2321 aims to amend the Health and Safety Code by adding a new section that allows the Texas Commission on Environmental Quality (TCEQ) to exercise enforcement discretion regarding emissions from generation facilities and on-site backup generation facilities in the Electric Reliability Council of Texas (ERCOT) power region during periods of high electric demand or grid reliability issues. Specifically, the bill stipulates that if the independent organization certified under Section 39.151 of the Utilities Code notifies the TCEQ of such conditions, the commission may waive enforcement of emissions limits and operational standards for the duration of the notification.

The bill outlines the responsibilities of facility owners or operators during these periods, including taking reasonable steps to minimize excess emissions, maintaining operational records, and submitting documentation to the TCEQ. It also clarifies that any exceedance of emissions limits during the notification period will not be considered for enforcement actions unless the required documentation is not submitted. The provisions of this bill are set to take effect on September 1, 2025.

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