1 | 1 | | 87R10682 JXC-D |
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2 | 2 | | By: Rosenthal H.B. No. 3182 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the weather emergency preparedness of gas pipeline |
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8 | 8 | | facilities and facilities for providing electric service. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Subchapter A, Chapter 35, Utilities Code, is |
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11 | 11 | | amended by adding Section 35.0021 to read as follows: |
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12 | 12 | | Sec. 35.0021. WEATHER EMERGENCY PREPAREDNESS. (a) The |
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13 | 13 | | commission by rule shall require each provider of generation in the |
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14 | 14 | | ERCOT power region to: |
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15 | 15 | | (1) prepare, submit to the commission, and update as |
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16 | 16 | | necessary an emergency operations plan for providing adequate |
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17 | 17 | | electric generation service during a weather emergency; and |
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18 | 18 | | (2) implement measures to prepare generation |
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19 | 19 | | facilities to provide adequate electric generation service during a |
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20 | 20 | | weather emergency. |
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21 | 21 | | (b) An emergency operations plan is public information |
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22 | 22 | | except for the portions of the plan considered confidential under |
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23 | 23 | | Chapter 552, Government Code, or other state or federal law. If |
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24 | 24 | | portions of a plan are designated as confidential, the plan shall be |
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25 | 25 | | provided to the commission in a redacted form for public inspection |
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26 | 26 | | with the confidential portions removed. |
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27 | 27 | | (c) Each provider of generation shall submit the provider's |
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28 | 28 | | plan in its entirety to the independent organization certified |
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29 | 29 | | under Section 39.151. |
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30 | 30 | | SECTION 2. Subchapter D, Chapter 38, Utilities Code, is |
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31 | 31 | | amended by adding Section 38.074 to read as follows: |
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32 | 32 | | Sec. 38.074. WEATHER EMERGENCY PREPAREDNESS. (a) The |
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33 | 33 | | commission by rule shall require each electric cooperative, |
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34 | 34 | | municipally owned utility, and transmission and distribution |
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35 | 35 | | utility providing transmission or distribution service in the ERCOT |
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36 | 36 | | power region to: |
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37 | 37 | | (1) prepare, submit to the commission, and update as |
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38 | 38 | | necessary an emergency operations plan for maintaining service |
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39 | 39 | | quality and reliability during a weather emergency; and |
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40 | 40 | | (2) implement measures to prepare facilities to |
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41 | 41 | | maintain service quality and reliability during a weather |
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42 | 42 | | emergency. |
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43 | 43 | | (b) An emergency operations plan is public information |
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44 | 44 | | except for the portions of the plan considered confidential under |
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45 | 45 | | Chapter 552, Government Code, or other state or federal law. If |
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46 | 46 | | portions of a plan are designated as confidential, the plan shall be |
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47 | 47 | | provided to the commission in a redacted form for public inspection |
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48 | 48 | | with the confidential portions removed. |
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49 | 49 | | (c) Each electric cooperative, municipally owned utility, |
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50 | 50 | | and transmission and distribution utility shall provide the |
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51 | 51 | | cooperative's or utility's plan in its entirety to the independent |
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52 | 52 | | organization certified under Section 39.151. |
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53 | 53 | | SECTION 3. Section 121.2015(a), Utilities Code, is amended |
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54 | 54 | | to read as follows: |
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55 | 55 | | (a) The railroad commission shall adopt rules regarding: |
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56 | 56 | | (1) public education and awareness relating to gas |
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57 | 57 | | pipeline facilities; [and] |
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58 | 58 | | (2) community liaison for responding to an emergency |
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59 | 59 | | relating to a gas pipeline facility; and |
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60 | 60 | | (3) measures gas pipeline facility operators must |
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61 | 61 | | implement to prepare gas pipeline facilities to maintain service |
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62 | 62 | | quality and reliability during a weather emergency. |
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63 | 63 | | SECTION 4. Section 186.007, Utilities Code, is transferred |
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64 | 64 | | to Subchapter A, Chapter 31, Utilities Code, redesignated as |
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65 | 65 | | Section 31.006, Utilities Code, and amended to read as follows: |
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66 | 66 | | Sec. 31.006 [186.007]. WEATHER EMERGENCY PREPAREDNESS |
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67 | 67 | | REPORT. (a) [In this section, "commission" means the Public |
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68 | 68 | | Utility Commission of Texas. |
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69 | 69 | | [(a-1)] The commission shall analyze emergency operations |
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70 | 70 | | plans developed under Sections 35.0021 and 38.074 [by electric |
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71 | 71 | | utilities as defined by Section 31.002, power generation companies, |
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72 | 72 | | municipally owned utilities, and electric cooperatives that |
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73 | 73 | | operate generation facilities in this state] and prepare an annual |
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74 | 74 | | [a] weather emergency preparedness report on power generation, |
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75 | 75 | | transmission, and distribution weatherization in this state |
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76 | 76 | | [preparedness]. In preparing the report, the commission shall: |
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77 | 77 | | (1) review the emergency operations plans currently on |
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78 | 78 | | file with the commission; |
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79 | 79 | | (2) analyze and determine the ability of the electric |
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80 | 80 | | grid to withstand extreme weather events in the upcoming year; |
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81 | 81 | | (3) consider the anticipated weather patterns for the |
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82 | 82 | | upcoming year as forecasted by the National Weather Service or any |
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83 | 83 | | similar state or national agency; and |
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84 | 84 | | (4) make recommendations on improving emergency |
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85 | 85 | | operations plans and procedures in order to ensure the continuity |
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86 | 86 | | of electric service. |
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87 | 87 | | (b) The commission may require an [electric generation] |
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88 | 88 | | entity subject to Section 35.0021 or 38.074 [this section] to file |
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89 | 89 | | an updated emergency operations plan if it finds that an emergency |
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90 | 90 | | operations plan on file does not contain adequate information to |
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91 | 91 | | determine whether the entity [electric generation entity] can |
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92 | 92 | | provide adequate service during a weather emergency [electric |
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93 | 93 | | generation services]. |
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94 | 94 | | (c) The commission may adopt rules relating to the |
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95 | 95 | | implementation of the report [described by Subsection (a-1)]. |
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96 | 96 | | (d) The commission shall submit each [the] report |
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97 | 97 | | [described by Subsection (a-1)] to the lieutenant governor, the |
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98 | 98 | | speaker of the house of representatives, and the members of the |
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99 | 99 | | legislature [not later than September 30, 2012]. |
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100 | 100 | | (e) The commission shall [may] submit supplemental |
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101 | 101 | | [subsequent] weather emergency preparedness reports to the |
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102 | 102 | | lieutenant governor, the speaker of the house of representatives, |
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103 | 103 | | and the members of the legislature if the commission finds that |
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104 | 104 | | significant changes to weatherization techniques have occurred or |
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105 | 105 | | are necessary to protect consumers or vital services, or if there |
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106 | 106 | | have been changes to statutes or rules relating to weatherization |
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107 | 107 | | requirements. A report under this subsection must be submitted not |
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108 | 108 | | later than: |
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109 | 109 | | (1) March 1 for a summer weather emergency |
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110 | 110 | | preparedness report; and |
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111 | 111 | | (2) September 1 for a winter weather emergency |
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112 | 112 | | preparedness report. |
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113 | 113 | | [(f) The emergency operations plans submitted for the |
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114 | 114 | | report described by Subsection (a-1) and any subsequent plans |
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115 | 115 | | submitted under Subsection (e) are public information except for |
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116 | 116 | | the portions of the plan considered confidential under Chapter 552, |
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117 | 117 | | Government Code, or other state or federal law. If portions of a |
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118 | 118 | | plan are designated as confidential, the plan shall be provided to |
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119 | 119 | | the commission in a redacted form for public inspection with the |
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120 | 120 | | confidential portions removed. An electric generation entity |
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121 | 121 | | within the ERCOT power region shall provide the entity's plan to |
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122 | 122 | | ERCOT in its entirety.] |
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123 | 123 | | SECTION 5. This Act takes effect September 1, 2021. |
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