By: Patrick, Nichols S.B. No. 361
(In the Senate - Filed December 15, 2008; February 17, 2009,
read first time and referred to Subcommittee on Flooding and
Evacuations; March 30, 2009, reported adversely, with favorable
Committee Substitute from Committee on Intergovernmental Relations
by the following vote: Yeas 4, Nays 0; March 30, 2009, sent to
printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 361 By: Patrick
A BILL TO BE ENTITLED
AN ACT
relating to the requirement that certain water service providers
ensure emergency operations 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 Sections 13.1395 and 13.1396 to read as follows:
Sec. 13.1395. STANDARDS OF EMERGENCY OPERATIONS. (a) In
this section:
(1) "Affected utility" means a retail public utility,
exempt utility, or provider or conveyor of potable or raw water
service that furnishes water service to more than one customer in a
county with a population of 3.3 million or more.
(2) "Emergency operations" means the operation of a
water system during an extended power outage at a minimum water
pressure of 35 pounds per square inch.
(3) "Extended power outage" means a power outage
lasting for more than 24 hours.
(b) An affected utility shall:
(1) ensure the emergency operation of its water system
during an extended power outage as soon as safe and practicable
following the occurrence of a natural disaster; and
(2) adopt and submit to the commission for its
approval an emergency preparedness plan that demonstrates the
utility's ability to provide emergency operations.
(c) The commission shall review and approve or disapprove an
emergency preparedness plan submitted under Subsection (b) and
issue a notification of approval or a notification of the reasons
for disapproval of the plan. In accordance with commission rules,
an emergency preparedness plan shall provide for:
(1) the maintenance of automatically starting
auxiliary generators;
(2) the sharing of auxiliary generator capacity with
one or more affected utilities;
(3) the negotiation of leasing and contracting
agreements, including emergency mutual aid agreements with other
retail public utilities, exempt utilities, or providers or
conveyors of potable or raw water service, if the agreements
provide for coordination with the division of emergency management
in the governor's office;
(4) the use of portable generators capable of serving
multiple facilities equipped with quick-connect systems;
(5) the use of on-site electrical generation or
distributed generation facilities;
(6) hardening the electric transmission and
distribution system serving the water system; or
(7) for existing facilities, the maintenance of direct
engine or right angle drives.
(d) Not later than June 1, 2011, each affected utility that
supplies, provides, or conveys surface water shall include in its
emergency preparedness plan under Subsection (b) provisions for the
actual installation and maintenance of automatically starting
auxiliary generators or distributive generation facilities for
each raw water intake pump station, water treatment plant, pump
station, and pressure facility necessary to provide water to its
wholesale customers.
(e) Each affected utility required to submit an emergency
preparedness plan under this section shall submit its plan to the
commission not later than June 1, 2011.
(f) Not later than March 1, 2010, the commission shall adopt
rules to implement this section as an alternative to any rule
requiring elevated storage.
(g) The commission shall provide an affected utility with
access to the commission's financial, managerial, and technical
contractors to assist the utility in complying with the applicable
emergency preparedness plan submission deadline.
(h) The commission by rule shall create an emergency
preparedness plan template for use by an affected utility when
submitting a plan under this section. The emergency preparedness
plan template shall contain:
(1) a list and explanation of the preparations an
affected utility may make under Subsection (c) for the commission
to approve the utility's emergency preparedness plan; and
(2) a list of all commission rules and standards
pertaining to emergency preparedness plans.
(i) An emergency generator used as part of an approved
emergency preparedness plan under Subsection (c) must be
operated and maintained according to the manufacturer's
specifications.
(j) An affected utility shall implement its emergency
preparedness plan as approved by the commission not later than June
1, 2011. The commission shall inspect each utility to ensure that
the utility complies with the approved plan.
(k) The commission may not grant a waiver of the
requirements of this section to any affected utility.
(l) An affected utility may adopt and enforce limitations on
water use while the utility is providing emergency operations.
(m) Except as specifically required by this section,
information provided by an affected utility under this section is
confidential and is not subject to disclosure under Chapter 552,
Government Code.
Sec. 13.1396. COORDINATION OF EMERGENCY OPERATIONS. (a) In
this section:
(1) "Affected utility" has the meaning assigned by
Section 13.1395.
(2) "County judge" means a county judge or the person
designated by a county judge.
(3) "Electric utility" means the electric
transmission and distribution utility providing electric service
to the water and wastewater facilities of an affected utility.
(b) An affected utility shall submit to the county judge,
the office of emergency management of each county in which the
utility has more than one customer, the Public Utility Commission
of Texas, and the office of emergency management of the governor, a
copy of:
(1) the affected utility's emergency preparedness plan
approved under Section 13.1395; and
(2) the commission's notification to the affected
utility that the plan is approved.
(c) Not later than December 31, 2009, the affected utility
shall submit to the county judge and the office of emergency
management of each county in which the utility has water and
wastewater facilities that qualify for critical load status under
rules adopted by the Public Utility Commission of Texas, and to the
Public Utility Commission of Texas and the division of emergency
management of the governor:
(1) information identifying the location and
providing a general description of all water and wastewater
facilities that qualify for critical load status; and
(2) emergency contact information for the affected
utility, including:
(A) the person who will serve as a point of
contact and the person's telephone number;
(B) the person who will serve as an alternative
point of contact and the person's telephone number; and
(C) the affected utility's mailing address.
(d) An affected utility shall immediately update the
information provided under Subsection (c) as changes to the
information occur.
(e) Not later than March 1 of each year, the county judge of
each county that receives the information required by Subsections
(c) and (d) shall:
(1) submit the information for each affected utility
to relevant electric utilities; and
(2) in cooperation with the affected utility, submit
for each affected utility any forms reasonably required by an
electric utility for determining critical load status, including a
critical care eligibility determination form or similar form.
(f) Not later than June 1 of each year, an electric utility
that has received information relating to an affected utility under
Subsection (e) shall determine whether the facilities of the
affected utility qualify for critical load status under rules
adopted by the Public Utility Commission of Texas.
(g) If an electric utility determines that an affected
utility's facilities do not qualify for critical load status, the
electric utility, not later than the 30th day after the date the
electric utility receives the information required by Subsections
(c) and (d), shall provide a detailed explanation of the electric
utility's determination to each county judge that submitted the
information.
(h) Except as specifically required by this section,
information received under this section is confidential and is not
subject to disclosure under Chapter 552, Government Code.
SECTION 2. Not later than March 1, 2010, the Texas
Commission on Environmental Quality shall adopt standards as
required by Section 13.1395, Water Code, as added by this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
* * * * *