81R10767 TRH-D
By: Callegari H.B. No. 2405
A BILL TO BE ENTITLED
AN ACT
relating to the requirement that certain retail water and sewer
utility services maintain service during an extended power outage.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 13, Water Code, is amended
by adding Section 13.1395 to read as follows:
Sec. 13.1395. EMERGENCY MUTUAL AID AGREEMENTS. (a) The
commission by rule shall assign each county in this state a level of
risk of "low," "moderate," or "high" according to that county's
likelihood of experiencing a major disaster, based on historical
information regarding the number of past major disasters affecting
each county.
(b) Each retail public utility, exempt utility, or provider
of wholesale sewer service or potable water service in a county
receiving a risk designation of "high" based on the commission's
assessment under Subsection (a) shall submit to the commission for
its approval a mutual aid agreement with another utility or
provider that ensures each utility's or provider's continued
provision of water and sewer services during an extended power
outage. A mutual aid agreement under this subsection must:
(1) ensure that each participant is capable of
furnishing water and sewer services during an extended power outage
at the minimum water pressure required under commission rules; and
(2) include provisions for the active coordination of
recovery efforts with the state operations center.
(c) The commission shall adopt rules as necessary to
implement this section, provided that the rules emphasize the use
of the most cost-effective means of compliance and place as little
administrative burden on a utility or provider as is practicable.
SECTION 2. This Act takes effect September 1, 2009.