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

Contracts

• Fuel Supply Agreements: Review contracts for diesel or natural gas delivery. To meet the "commercially reasonable steps" standard for minimizing emissions, your contracts must prioritize delivery during force majeure events. Inability to secure clean fuel due to weak contracts may void your waiver eligibility.
• O&M Vendor Agreements: If facility management is outsourced, amend Master Services Agreements (MSAs) to explicitly require vendors to maintain the specific "Defense File" logs required by Section 382.086(c).
• Demand Response/ERS: Update participation agreements to reflect that asset deployment is subject to SB 2321 compliance protocols.

Hiring/Training

• Control Room & EHS Training: Operators must be trained to identify the specific ERCOT notification that triggers the "Waiver Period."
• Protocol Shift: Staff must be trained to prioritize grid reliability over permit limits *only* when the trigger is active, while simultaneously logging the specific actions taken to minimize the exceedance.

Reporting & Record-Keeping

• The "Defense File": You must create a specific log for grid emergencies that tracks:
• Facility Name, Contact Info, and TCEQ Customer Reference Number (CN).
• Specific units involved in the exceedance.
• Event details: Date, time, pollutant type, quantity, and duration.
• Proof of Mitigation: A narrative log detailing control equipment status and operator decisions made to minimize emissions.
• STEERS Filing: You must still file deviation reports via the State of Texas Environmental Electronic Reporting System (STEERS) within standard regulatory windows (24 hours/2 weeks) unless TCEQ rulemaking provides an alternative channel.

Fees & Costs

• No New State Fees: There are no new licensure or filing fees associated with this bill.
• Cost Impact: Internal administrative costs will be incurred to update EOPs and legal review of fuel contracts.