By: Ellis S.B. No. 2039
A BILL TO BE ENTITLED
AN ACT
relating to requiring certain critical facilities to be capable of
operating with alternative electrical power; providing a criminal
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is
amended by adding Chapter 106 to read as follows:
CHAPTER 106. ALTERNATIVE ELECTRICAL POWER REQUIREMENTS FOR CERTAIN
SERVICE STATIONS
Sec. 106.001. DEFINITIONS. In this chapter:
(1) "Alternative electrical power" means electrical
power that is provided by one of the following generators or systems
when electrical power from a utility service is interrupted:
(A) an electrical generator;
(B) a combined heat and power system; or
(C) a renewable power system with energy storage.
(2) "Department" means the Department of Agriculture.
(3) "Division" has the meaning assigned by Section
418.004, Government Code.
(4) "Service station" has the meaning assigned by
Section 105.001.
Sec. 106.002. APPLICABILITY OF CHAPTER. (a) This chapter
applies only to a self-service, full-service, or combination of
self-service and full-service service station that:
(1) is located within 100 miles of the Gulf of Mexico
or of a bay or inlet of the gulf;
(2) is located within one-half mile of an interstate
highway or state or federally designated evacuation route; and
(3) has six or more fueling positions.
(b) This chapter applies to a service station described by
Subsection (a) regardless of whether the service station is located
on the grounds of, or is owned by, another business entity that does
not engage in the business of selling motor vehicle fuel to the
public.
(c) This chapter does not apply to:
(1) an automobile dealer;
(2) a person who operates a fleet of motor vehicles; or
(3) a person who sells motor vehicle fuel exclusively
to a fleet of motor vehicles.
Sec. 106.003. ALTERNATIVE ELECTRICAL POWER CAPACITY FOR
SERVICE STATIONS. (a) A service station shall be prewired with an
appropriate transfer switch and be capable of operating all fuel
pumps, dispensing equipment, and life-safety systems using
alternative electrical power.
(b) Installation of appropriate wiring and transfer
switches must be performed by an electrical contractor.
(c) If a local government requires a certificate of
occupancy for completion of construction of a service station, the
local government may not issue a certificate of occupancy to the
service station unless the local government determines that the
service station has the equipment and operational capabilities
required by Subsection (a).
Sec. 106.004. ALTERNATIVE ELECTRICAL POWER REQUIRED. A
service station shall be equipped with alternative electrical power
for use at the station and be capable of operating all fuel pumps,
dispensing equipment, and life-safety systems using alternative
electrical power for a minimum of three days following a disaster.
Sec. 106.005. REQUIRED DOCUMENTS FOR SERVICE STATIONS.
(a) A service station must keep a copy of the documentation of the
installation of appropriate wiring for the operation of alternative
electrical power, including a transfer switch, on-site or at its
corporate headquarters.
(b) A service station must keep a written statement
attesting to the periodic testing and ensured operational capacity
of the equipment.
(c) The documents required by this section must be made
available, on request, to the department or the division.
Sec. 106.006. ADMINISTRATION; RULES. The department shall:
(1) administer and enforce the provisions of this
chapter; and
(2) adopt rules as necessary for the administration
and enforcement of this chapter.
Sec. 106.007. PENALTY. A person who violates this chapter
commits an offense. An offense under this section is a Class C
misdemeanor.
SECTION 2. Section 241.026, Health and Safety Code, is
amended by adding Subsection (g) to read as follows:
(g) The minimum standards adopted by the executive
commissioner of the Health and Human Services Commission under this
section must require each hospital that is located within 100 miles
of the Gulf of Mexico or of a bay or inlet of the gulf to provide
emergency electrical power for at least three days following a
disaster using alternative electrical power, as defined in Section
106.001, Business and Commerce Code, located on the premises.
SECTION 3. Subchapter E, Chapter 13, Water Code, is amended
by adding Section 13.1395 to read as follows:
Sec. 13.1395. ALTERNATIVE ELECTRICAL POWER. (a) This
section applies only to a retail public utility required to possess
a certificate of convenience and necessity, a district, or an
affected county that provides retail water or sewer utility service
to more than 1,000 customers in a county that is assigned a risk
designation of "high" or "very high" under Subsection (b).
(b) The commission by rule shall assign each county in this
state a level of risk of "low," "moderate," "high," or "very high"
according to that county's likelihood of experiencing a major
disaster, based on historical information regarding the number of
federal disaster declarations that have been declared for the
county.
(c) A retail public utility, district, or affected county to
which this section applies shall incorporate and maintain on-site
alternative electrical power, as defined in Section 106.001,
Business and Commerce Code, capable of ensuring the operation of
the utility's water and sewer systems in a county that is assigned a
risk designation of "high" or "very high" under Subsection (b) for
three days following an extended power outage caused by a major
disaster.
(d) The commission by rule shall establish the minimum
operating standards for alternative electrical power required by
Subsection (c), which must include the minimum operating capacity
that must be maintained during an extended power outage.
SECTION 4. Not later than December 1, 2009, the Texas
Commission on Environmental Quality by rule shall adopt standards
as required by Section 13.1395, Water Code, as added by this Act.
SECTION 5.
county required to incorporate and maintain alternative electrical
power under Section 13.1395, Water Code, as added by this Act, shall
comply with Texas Commission on Environmental Quality rules adopted
under that section not later than January 31, 2010.
SECTION 6. A newly constructed service station that begins
operating on or after the effective date of this Act shall comply
with Chapter 106, Business & Commerce Code, as added by this Act,
beginning on the first day of operation. A service station
operating before the effective date of this Act shall comply with
Chapter 106, Business & Commerce Code, as added by this Act,
beginning on the later of June 1, 2010, or the first day of
operation after replacing a fuel pump.
SECTION 7. Not later than January 1, 2010, the executive
commissioner of the Health and Human Services Commission shall
adopt the minimum standards required by Sections 241.026(g), Health
and Safety Code, as added by this Act.
SECTION 8. This Act takes effect September 1, 2009.