87R10682 JXC-D
By: Rosenthal H.B. No. 3182
A BILL TO BE ENTITLED
AN ACT
relating to the weather emergency preparedness of gas pipeline
facilities and facilities for providing electric service.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 35, Utilities Code, is
amended by adding Section 35.0021 to read as follows:
Sec. 35.0021. WEATHER EMERGENCY PREPAREDNESS. (a) The
commission by rule shall require each provider of generation in the
ERCOT power region to:
(1) prepare, submit to the commission, and update as
necessary an emergency operations plan for providing adequate
electric generation service during a weather emergency; and
(2) implement measures to prepare generation
facilities to provide adequate electric generation service during a
weather emergency.
(b) An emergency operations plan is public information
except for the portions of the plan considered confidential under
Chapter 552, Government Code, or other state or federal law. If
portions of a plan are designated as confidential, the plan shall be
provided to the commission in a redacted form for public inspection
with the confidential portions removed.
(c) Each provider of generation shall submit the provider's
plan in its entirety to the independent organization certified
under Section 39.151.
SECTION 2. Subchapter D, Chapter 38, Utilities Code, is
amended by adding Section 38.074 to read as follows:
Sec. 38.074. WEATHER EMERGENCY PREPAREDNESS. (a) The
commission by rule shall require each electric cooperative,
municipally owned utility, and transmission and distribution
utility providing transmission or distribution service in the ERCOT
power region to:
(1) prepare, submit to the commission, and update as
necessary an emergency operations plan for maintaining service
quality and reliability during a weather emergency; and
(2) implement measures to prepare facilities to
maintain service quality and reliability during a weather
emergency.
(b) An emergency operations plan is public information
except for the portions of the plan considered confidential under
Chapter 552, Government Code, or other state or federal law. If
portions of a plan are designated as confidential, the plan shall be
provided to the commission in a redacted form for public inspection
with the confidential portions removed.
(c) Each electric cooperative, municipally owned utility,
and transmission and distribution utility shall provide the
cooperative's or utility's plan in its entirety to the independent
organization certified under Section 39.151.
SECTION 3. Section 121.2015(a), Utilities Code, is amended
to read as follows:
(a) The railroad commission shall adopt rules regarding:
(1) public education and awareness relating to gas
pipeline facilities; [and]
(2) community liaison for responding to an emergency
relating to a gas pipeline facility; and
(3) measures gas pipeline facility operators must
implement to prepare gas pipeline facilities to maintain service
quality and reliability during a weather emergency.
SECTION 4. Section 186.007, Utilities Code, is transferred
to Subchapter A, Chapter 31, Utilities Code, redesignated as
Section 31.006, Utilities Code, and amended to read as follows:
Sec. 31.006 [186.007]. WEATHER EMERGENCY PREPAREDNESS
REPORT. (a) [In this section, "commission" means the Public
Utility Commission of Texas.
[(a-1)] The commission shall analyze emergency operations
plans developed under Sections 35.0021 and 38.074 [by electric
utilities as defined by Section 31.002, power generation companies,
municipally owned utilities, and electric cooperatives that
operate generation facilities in this state] and prepare an annual
[a] weather emergency preparedness report on power generation,
transmission, and distribution weatherization in this state
[preparedness]. In preparing the report, the commission shall:
(1) review the emergency operations plans currently on
file with the commission;
(2) analyze and determine the ability of the electric
grid to withstand extreme weather events in the upcoming year;
(3) consider the anticipated weather patterns for the
upcoming year as forecasted by the National Weather Service or any
similar state or national agency; and
(4) make recommendations on improving emergency
operations plans and procedures in order to ensure the continuity
of electric service.
(b) The commission may require an [electric generation]
entity subject to Section 35.0021 or 38.074 [this section] to file
an updated emergency operations plan if it finds that an emergency
operations plan on file does not contain adequate information to
determine whether the entity [electric generation entity] can
provide adequate service during a weather emergency [electric
generation services].
(c) The commission may adopt rules relating to the
implementation of the report [described by Subsection (a-1)].
(d) The commission shall submit each [the] report
[described by Subsection (a-1)] to the lieutenant governor, the
speaker of the house of representatives, and the members of the
legislature [not later than September 30, 2012].
(e) The commission shall [may] submit supplemental
[subsequent] weather emergency preparedness reports to the
lieutenant governor, the speaker of the house of representatives,
and the members of the legislature if the commission finds that
significant changes to weatherization techniques have occurred or
are necessary to protect consumers or vital services, or if there
have been changes to statutes or rules relating to weatherization
requirements. A report under this subsection must be submitted not
later than:
(1) March 1 for a summer weather emergency
preparedness report; and
(2) September 1 for a winter weather emergency
preparedness report.
[(f) The emergency operations plans submitted for the
report described by Subsection (a-1) and any subsequent plans
submitted under Subsection (e) are public information except for
the portions of the plan considered confidential under Chapter 552,
Government Code, or other state or federal law. If portions of a
plan are designated as confidential, the plan shall be provided to
the commission in a redacted form for public inspection with the
confidential portions removed. An electric generation entity
within the ERCOT power region shall provide the entity's plan to
ERCOT in its entirety.]
SECTION 5. This Act takes effect September 1, 2021.