81R27213 JE-F
By: Alvarado, Harless, Turner of Harris H.B. No. 457
Substitute the following for H.B. No. 457:
By: Solomons C.S.H.B. No. 457
A BILL TO BE ENTITLED
AN ACT
relating to disaster preparedness and emergency management in
relation to alternative electrical power for certain service
stations in certain populous counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 418, Government Code, is
amended by adding Sections 418.0426 and 418.049 to read as follows:
Sec. 418.0426. STATE EMERGENCY MANAGEMENT PLAN ANNEX. (a)
In this section:
(1) "Alternative electrical generator" means an
electrical generator that provides electric power when electric
power from a utility is interrupted.
(2) "Service station" means a gasoline service station
or other facility that offers gasoline or other motor vehicle fuel
for sale to the public from the facility.
(b) This section applies only to a service station that:
(1) is located in a county with a population of 3.3
million or more; and
(2) has six or more fueling positions.
(c) The division shall develop an annex to the state
emergency management plan that addresses alternative electrical
power for service stations during the first 120 hours immediately
following a disaster. The annex must include provisions:
(1) for post-disaster assessment of a service
station's structural integrity and capability to operate safely;
(2) for the dissemination of information between
service stations capable of operating during that period and all
necessary emergency personnel; and
(3) to identify service stations capable of operating
fuel pumps, dispensing equipment, life-safety systems, and payment
acceptance equipment through the use of alternative electrical
power, including alternative electrical generators, within 72
hours of being considered safe to operate under Subdivision (1) by
reviewing the emergency preparedness plans submitted under Section
418.049.
Sec. 418.049. EMERGENCY PREPAREDNESS PLAN FOR CERTAIN
SERVICE STATIONS. (a) The division by rule shall require a service
station to which Section 418.0426 applies to adopt and submit for
the division's approval an emergency preparedness plan ensuring
that if electric power from a utility is interrupted, the service
station maintains the ability to operate fuel pumps, dispensing
equipment, life-safety systems, and payment acceptance equipment
within 72 hours of being considered safe to operate under Section
418.0426(c)(1).
(b) The division shall review and approve or disapprove an
emergency preparedness plan submitted under Subsection (a) and
issue a notification of approval or a notification of the reasons
for disapproval of the plan. An emergency preparedness plan must:
(1) demonstrate that the service station:
(A) possesses on its premises an alternative
electrical generator or any other emergency electrical source and
has the capability of operating fuel pumps, dispensing equipment,
life-safety systems, and payment acceptance equipment using the
emergency electrical source within 72 hours of being considered
safe to operate under Section 418.0426(c)(1); or
(B) has entered into a contract under which
another person will provide the service station an alternative
electrical generator or other emergency electrical source when
power from a utility is interrupted and the capability to operate
fuel pumps, dispensing equipment, life-safety systems, and payment
acceptance equipment using the emergency electrical source within
72 hours of being considered safe to operate under Section
418.0426(c)(1); and
(2) if Subdivision (1) applies, include a proposed
schedule of the periodic servicing and testing of the emergency
electrical source that complies with the division's rules.
(c) A service station to which this section applies shall
maintain documentation of any periodic servicing and testing of the
emergency electrical source required under this section. The
documents must be made available, on request, to the division.
(d) The division shall adopt rules necessary to implement
this section, including prescribing standards relating to the
periodic servicing and testing of an alternative electrical
generator or other emergency electrical source used to meet the
requirements of Subsection (b).
(e) Installation of equipment and appropriate wiring,
including transfer switches, for an emergency electrical source for
purposes of this section must be performed by a licensed electrical
contractor in accordance with all local, state, and national safety
rules or regulations.
(f) In this section, "alternative electrical generator" has
the meaning assigned by Section 418.0426.
SECTION 2. This Act takes effect January 1, 2010.