Texas 2009 - 81st Regular

Texas Senate Bill SB2039 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Ellis S.B. No. 2039
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to requiring certain critical facilities to be capable of
7	7	operating with alternative electrical power; providing a criminal
8	8	penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is
11	11	amended by adding Chapter 106 to read as follows:
12	12	CHAPTER 106. ALTERNATIVE ELECTRICAL POWER REQUIREMENTS FOR CERTAIN
13	13	SERVICE STATIONS
14	14	Sec. 106.001. DEFINITIONS. In this chapter:
15	15	(1) "Alternative electrical power" means electrical
16	16	power that is provided by one of the following generators or systems
17	17	when electrical power from a utility service is interrupted:
18	18	(A) an electrical generator;
19	19	(B) a combined heat and power system; or
20	20	(C) a renewable power system with energy storage.
21	21	(2) "Department" means the Department of Agriculture.
22	22	(3) "Division" has the meaning assigned by Section
23	23	418.004, Government Code.
24	24	(4) "Service station" has the meaning assigned by
25	25	Section 105.001.
26	26	Sec. 106.002. APPLICABILITY OF CHAPTER. (a) This chapter
27	27	applies only to a self-service, full-service, or combination of
28	28	self-service and full-service service station that:
29	29	(1) is located within 100 miles of the Gulf of Mexico
30	30	or of a bay or inlet of the gulf;
31	31	(2) is located within one-half mile of an interstate
32	32	highway or state or federally designated evacuation route; and
33	33	(3) has six or more fueling positions.
34	34	(b) This chapter applies to a service station described by
35	35	Subsection (a) regardless of whether the service station is located
36	36	on the grounds of, or is owned by, another business entity that does
37	37	not engage in the business of selling motor vehicle fuel to the
38	38	public.
39	39	(c) This chapter does not apply to:
40	40	(1) an automobile dealer;
41	41	(2) a person who operates a fleet of motor vehicles; or
42	42	(3) a person who sells motor vehicle fuel exclusively
43	43	to a fleet of motor vehicles.
44	44	Sec. 106.003. ALTERNATIVE ELECTRICAL POWER CAPACITY FOR
45	45	SERVICE STATIONS. (a) A service station shall be prewired with an
46	46	appropriate transfer switch and be capable of operating all fuel
47	47	pumps, dispensing equipment, and life-safety systems using
48	48	alternative electrical power.
49	49	(b) Installation of appropriate wiring and transfer
50	50	switches must be performed by an electrical contractor.
51	51	(c) If a local government requires a certificate of
52	52	occupancy for completion of construction of a service station, the
53	53	local government may not issue a certificate of occupancy to the
54	54	service station unless the local government determines that the
55	55	service station has the equipment and operational capabilities
56	56	required by Subsection (a).
57	57	Sec. 106.004. ALTERNATIVE ELECTRICAL POWER REQUIRED. A
58	58	service station shall be equipped with alternative electrical power
59	59	for use at the station and be capable of operating all fuel pumps,
60	60	dispensing equipment, and life-safety systems using alternative
61	61	electrical power for a minimum of three days following a disaster.
62	62	Sec. 106.005. REQUIRED DOCUMENTS FOR SERVICE STATIONS.
63	63	(a) A service station must keep a copy of the documentation of the
64	64	installation of appropriate wiring for the operation of alternative
65	65	electrical power, including a transfer switch, on-site or at its
66	66	corporate headquarters.
67	67	(b) A service station must keep a written statement
68	68	attesting to the periodic testing and ensured operational capacity
69	69	of the equipment.
70	70	(c) The documents required by this section must be made
71	71	available, on request, to the department or the division.
72	72	Sec. 106.006. ADMINISTRATION; RULES. The department shall:
73	73	(1) administer and enforce the provisions of this
74	74	chapter; and
75	75	(2) adopt rules as necessary for the administration
76	76	and enforcement of this chapter.
77	77	Sec. 106.007. PENALTY. A person who violates this chapter
78	78	commits an offense. An offense under this section is a Class C
79	79	misdemeanor.
80	80	SECTION 2. Section 241.026, Health and Safety Code, is
81	81	amended by adding Subsection (g) to read as follows:
82	82	(g) The minimum standards adopted by the executive
83	83	commissioner of the Health and Human Services Commission under this
84	84	section must require each hospital that is located within 100 miles
85	85	of the Gulf of Mexico or of a bay or inlet of the gulf to provide
86	86	emergency electrical power for at least three days following a
87	87	disaster using alternative electrical power, as defined in Section
88	88	106.001, Business and Commerce Code, located on the premises.
89	89	SECTION 3. Subchapter E, Chapter 13, Water Code, is amended
90	90	by adding Section 13.1395 to read as follows:
91	91	Sec. 13.1395. ALTERNATIVE ELECTRICAL POWER. (a) This
92	92	section applies only to a retail public utility required to possess
93	93	a certificate of convenience and necessity, a district, or an
94	94	affected county that provides retail water or sewer utility service
95	95	to more than 1,000 customers in a county that is assigned a risk
96	96	designation of "high" or "very high" under Subsection (b).
97	97	(b) The commission by rule shall assign each county in this
98	98	state a level of risk of "low," "moderate," "high," or "very high"
99	99	according to that county's likelihood of experiencing a major
100	100	disaster, based on historical information regarding the number of
101	101	federal disaster declarations that have been declared for the
102	102	county.
103	103	(c) A retail public utility, district, or affected county to
104	104	which this section applies shall incorporate and maintain on-site
105	105	alternative electrical power, as defined in Section 106.001,
106	106	Business and Commerce Code, capable of ensuring the operation of
107	107	the utility's water and sewer systems in a county that is assigned a
108	108	risk designation of "high" or "very high" under Subsection (b) for
109	109	three days following an extended power outage caused by a major
110	110	disaster.
111	111	(d) The commission by rule shall establish the minimum
112	112	operating standards for alternative electrical power required by
113	113	Subsection (c), which must include the minimum operating capacity
114	114	that must be maintained during an extended power outage.
115	115	SECTION 4. Not later than December 1, 2009, the Texas
116	116	Commission on Environmental Quality by rule shall adopt standards
117	117	as required by Section 13.1395, Water Code, as added by this Act.
118	118	SECTION 5.
119	119	county required to incorporate and maintain alternative electrical
120	120	power under Section 13.1395, Water Code, as added by this Act, shall
121	121	comply with Texas Commission on Environmental Quality rules adopted
122	122	under that section not later than January 31, 2010.
123	123	SECTION 6. A newly constructed service station that begins
124	124	operating on or after the effective date of this Act shall comply
125	125	with Chapter 106, Business & Commerce Code, as added by this Act,
126	126	beginning on the first day of operation. A service station
127	127	operating before the effective date of this Act shall comply with
128	128	Chapter 106, Business & Commerce Code, as added by this Act,
129	129	beginning on the later of June 1, 2010, or the first day of
130	130	operation after replacing a fuel pump.
131	131	SECTION 7. Not later than January 1, 2010, the executive
132	132	commissioner of the Health and Human Services Commission shall
133	133	adopt the minimum standards required by Sections 241.026(g), Health
134	134	and Safety Code, as added by this Act.
135	135	SECTION 8. This Act takes effect September 1, 2009.