Texas 2009 - 81st Regular

Texas Senate Bill SB361 Compare Versions

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1	1	S.B. No. 361
2	2
3	3
4	4	AN ACT
5	5	relating to the requirement that certain water service providers
6	6	ensure emergency operations during an extended power outage.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subchapter E, Chapter 13, Water Code, is amended
9	9	by adding Sections 13.1395 and 13.1396 to read as follows:
10	10	Sec. 13.1395. STANDARDS OF EMERGENCY OPERATIONS. (a) In
11	11	this section:
12	12	(1) "Affected utility" means a retail public utility,
13	13	exempt utility, or provider or conveyor of potable or raw water
14	14	service that furnishes water service to more than one customer:
15	15	(A) in a county with a population of 3.3 million
16	16	or more; or
17	17	(B) in a county with a population of 400,000 or
18	18	more adjacent to a county with a population of 3.3 million or more.
19	19	(2) "Emergency operations" means the operation of a
20	20	water system during an extended power outage at a minimum water
21	21	pressure of 35 pounds per square inch.
22	22	(3) "Extended power outage" means a power outage
23	23	lasting for more than 24 hours.
24	24	(b) An affected utility shall:
25	25	(1) ensure the emergency operation of its water system
26	26	during an extended power outage as soon as safe and practicable
27	27	following the occurrence of a natural disaster; and
28	28	(2) adopt and submit to the commission for its
29	29	approval an emergency preparedness plan that demonstrates the
30	30	utility's ability to provide emergency operations.
31	31	(c) The commission shall review an emergency preparedness
32	32	plan submitted under Subsection (b). If the commission determines
33	33	that the plan is not acceptable, the commission shall recommend
34	34	changes to the plan. The commission must make its recommendations
35	35	on or before the 90th day after the commission receives the plan.
36	36	In accordance with commission rules, an emergency preparedness plan
37	37	shall provide for one of the following:
38	38	(1) the maintenance of automatically starting
39	39	auxiliary generators;
40	40	(2) the sharing of auxiliary generator capacity with
41	41	one or more affected utilities;
42	42	(3) the negotiation of leasing and contracting
43	43	agreements, including emergency mutual aid agreements with other
44	44	retail public utilities, exempt utilities, or providers or
45	45	conveyors of potable or raw water service, if the agreements
46	46	provide for coordination with the division of emergency management
47	47	in the governor's office;
48	48	(4) the use of portable generators capable of serving
49	49	multiple facilities equipped with quick-connect systems;
50	50	(5) the use of on-site electrical generation or
51	51	distributed generation facilities;
52	52	(6) hardening the electric transmission and
53	53	distribution system serving the water system;
54	54	(7) for existing facilities, the maintenance of direct
55	55	engine or right angle drives; or
56	56	(8) any other alternative determined by the commission
57	57	to be acceptable.
58	58	(d) Each affected utility that supplies, provides, or
59	59	conveys surface water shall include in its emergency preparedness
60	60	plan under Subsection (b) provisions for the actual installation
61	61	and maintenance of automatically starting auxiliary generators or
62	62	distributive generation facilities for each raw water intake pump
63	63	station, water treatment plant, pump station, and pressure facility
64	64	necessary to provide water to its wholesale customers.
65	65	(e) The commission shall adopt rules to implement this
66	66	section as an alternative to any rule requiring elevated storage.
67	67	(f) The commission shall provide an affected utility with
68	68	access to the commission's financial, managerial, and technical
69	69	contractors to assist the utility in complying with the applicable
70	70	emergency preparedness plan submission deadline.
71	71	(g) The commission by rule shall create an emergency
72	72	preparedness plan template for use by an affected utility when
73	73	submitting a plan under this section. The emergency preparedness
74	74	plan template shall contain:
75	75	(1) a list and explanation of the preparations an
76	76	affected utility may make under Subsection (c) for the commission
77	77	to approve the utility's emergency preparedness plan; and
78	78	(2) a list of all commission rules and standards
79	79	pertaining to emergency preparedness plans.
80	80	(h) An emergency generator used as part of an approved
81	81	emergency preparedness plan under Subsection (c) must be operated
82	82	and maintained according to the manufacturer's specifications.
83	83	(i) The commission shall inspect each utility to ensure that
84	84	the utility complies with the approved plan.
85	85	(j) The commission may grant a waiver of the requirements of
86	86	this section to an affected utility if the commission determines
87	87	that compliance with this section will cause a significant
88	88	financial burden on customers of the affected utility.
89	89	(k) An affected utility may adopt and enforce limitations on
90	90	water use while the utility is providing emergency operations.
91	91	(l) Except as specifically required by this section,
92	92	information provided by an affected utility under this section is
93	93	confidential and is not subject to disclosure under Chapter 552,
94	94	Government Code.
95	95	Sec. 13.1396. COORDINATION OF EMERGENCY OPERATIONS.
96	96	(a) In this section:
97	97	(1) "Affected utility" has the meaning assigned by
98	98	Section 13.1395.
99	99	(2) "County judge" means a county judge or the person
100	100	designated by a county judge.
101	101	(3) "Electric utility" means the electric
102	102	transmission and distribution utility providing electric service
103	103	to the water and wastewater facilities of an affected utility.
104	104	(4) "Retail electric provider" has the meaning
105	105	assigned by Section 31.002, Utilities Code.
106	106	(b) An affected utility shall submit to the county judge,
107	107	the office of emergency management of each county in which the
108	108	utility has more than one customer, the Public Utility Commission
109	109	of Texas, and the office of emergency management of the governor, a
110	110	copy of:
111	111	(1) the affected utility's emergency preparedness plan
112	112	approved under Section 13.1395; and
113	113	(2) the commission's notification to the affected
114	114	utility that the plan is accepted.
115	115	(c) Each affected utility shall submit to the county judge
116	116	and the office of emergency management of each county in which the
117	117	utility has water and wastewater facilities that qualify for
118	118	critical load status under rules adopted by the Public Utility
119	119	Commission of Texas, and to the Public Utility Commission of Texas
120	120	and the division of emergency management of the governor:
121	121	(1) information identifying the location and
122	122	providing a general description of all water and wastewater
123	123	facilities that qualify for critical load status; and
124	124	(2) emergency contact information for the affected
125	125	utility, including:
126	126	(A) the person who will serve as a point of
127	127	contact and the person's telephone number;
128	128	(B) the person who will serve as an alternative
129	129	point of contact and the person's telephone number; and
130	130	(C) the affected utility's mailing address.
131	131	(d) An affected utility shall immediately update the
132	132	information provided under Subsection (c) as changes to the
133	133	information occur.
134	134	(e) Not later than February 1 of each year, the county judge
135	135	of each county that receives the information required by
136	136	Subsections (c) and (d) shall:
137	137	(1) submit the information for each affected utility
138	138	to each retail electric provider that sells electric power to an
139	139	affected utility and each electric utility that provides
140	140	transmission and distribution service to an affected utility; and
141	141	(2) in cooperation with the affected utility, submit
142	142	for each affected utility any forms reasonably required by an
143	143	electric utility or retail electric provider for determining
144	144	critical load status, including a critical care eligibility
145	145	determination form or similar form.
146	146	(f) Not later than May 1 of each year, each electric utility
147	147	and each retail electric provider shall determine whether the
148	148	facilities of the affected utility qualify for critical load status
149	149	under rules adopted by the Public Utility Commission of Texas.
150	150	(g) If an electric utility determines that an affected
151	151	utility's facilities do not qualify for critical load status, the
152	152	electric utility and the retail electric provider, not later than
153	153	the 30th day after the date the electric utility or retail electric
154	154	provider receives the information required by Subsections (c) and
155	155	(d), shall provide a detailed explanation of the electric utility's
156	156	determination to each county judge that submitted the information.
157	157	SECTION 2. (a) Not later than December 1, 2009, the Texas
158	158	Commission on Environmental Quality shall adopt standards as
159	159	required by Section 13.1395, Water Code, as added by this Act. As
160	160	part of the rulemaking process, the commission shall conduct at
161	161	least two public hearings in Harris County. The commission shall
162	162	issue a report to the governor, lieutenant governor, and speaker of
163	163	the house of representatives if the commission is unable to adopt
164	164	the standards by the time provided by this subsection.
165	165	(b) Not later than November 1, 2009, each affected utility
166	166	shall submit the information required by Section 13.1396, Water
167	167	Code, as added by this Act, to:
168	168	(1) each appropriate county judge and office of
169	169	emergency management;
170	170	(2) the Public Utility Commission of Texas; and
171	171	(3) the office of emergency management of the
172	172	governor.
173	173	(c) Not later than March 1, 2010, each affected utility
174	174	shall submit to the Texas Commission on Environmental Quality the
175	175	emergency preparedness plan required by Section 13.1395, Water
176	176	Code, as added by this Act.
177	177	(d) Not later than July 1, 2010, each affected utility shall
178	178	implement the emergency preparedness plan approved by the Texas
179	179	Commission on Environmental Quality under Section 13.1395, Water
180	180	Code, as added by this Act.
181	181	(e) An affected utility may file with the Texas Commission
182	182	on Environmental Quality a written request for an extension, not to
183	183	exceed 90 days, of the date by which the affected utility is
184	184	required under Subsection (c) of this section to submit the
185	185	affected utility's emergency preparedness plan or of the date by
186	186	which the affected utility is required under Subsection (d) of this
187	187	section to implement the affected utility's emergency preparedness
188	188	plan. The Texas Commission on Environmental Quality shall approve
189	189	the requested extension for good cause shown.
190	190	SECTION 3. This Act takes effect immediately if it receives
191	191	a vote of two-thirds of all the members elected to each house, as
192	192	provided by Section 39, Article III, Texas Constitution. If this
193	193	Act does not receive the vote necessary for immediate effect, this
194	194	Act takes effect September 1, 2009.
195	195	______________________________ ______________________________
196	196	President of the Senate Speaker of the House
197	197	I hereby certify that S.B. No. 361 passed the Senate on April
198	198	8, 2009, by the following vote: Yeas 30, Nays 1; and that the
199	199	Senate concurred in House amendments on May 30, 2009, by the
200	200	following vote: Yeas 31, Nays 0.
201	201	______________________________
202	202	Secretary of the Senate
203	203	I hereby certify that S.B. No. 361 passed the House, with
204	204	amendments, on May 26, 2009, by the following vote: Yeas 146,
205	205	Nays 0, two present not voting.
206	206	______________________________
207	207	Chief Clerk of the House
208	208	Approved:
209	209	______________________________
210	210	Date
211	211	______________________________
212	212	Governor