Texas 2021 - 87th Regular

Texas House Bill HB3182 Compare Versions

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11 87R10682 JXC-D
22 By: Rosenthal H.B. No. 3182
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the weather emergency preparedness of gas pipeline
88 facilities and facilities for providing electric service.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subchapter A, Chapter 35, Utilities Code, is
1111 amended by adding Section 35.0021 to read as follows:
1212 Sec. 35.0021. WEATHER EMERGENCY PREPAREDNESS. (a) The
1313 commission by rule shall require each provider of generation in the
1414 ERCOT power region to:
1515 (1) prepare, submit to the commission, and update as
1616 necessary an emergency operations plan for providing adequate
1717 electric generation service during a weather emergency; and
1818 (2) implement measures to prepare generation
1919 facilities to provide adequate electric generation service during a
2020 weather emergency.
2121 (b) An emergency operations plan is public information
2222 except for the portions of the plan considered confidential under
2323 Chapter 552, Government Code, or other state or federal law. If
2424 portions of a plan are designated as confidential, the plan shall be
2525 provided to the commission in a redacted form for public inspection
2626 with the confidential portions removed.
2727 (c) Each provider of generation shall submit the provider's
2828 plan in its entirety to the independent organization certified
2929 under Section 39.151.
3030 SECTION 2. Subchapter D, Chapter 38, Utilities Code, is
3131 amended by adding Section 38.074 to read as follows:
3232 Sec. 38.074. WEATHER EMERGENCY PREPAREDNESS. (a) The
3333 commission by rule shall require each electric cooperative,
3434 municipally owned utility, and transmission and distribution
3535 utility providing transmission or distribution service in the ERCOT
3636 power region to:
3737 (1) prepare, submit to the commission, and update as
3838 necessary an emergency operations plan for maintaining service
3939 quality and reliability during a weather emergency; and
4040 (2) implement measures to prepare facilities to
4141 maintain service quality and reliability during a weather
4242 emergency.
4343 (b) An emergency operations plan is public information
4444 except for the portions of the plan considered confidential under
4545 Chapter 552, Government Code, or other state or federal law. If
4646 portions of a plan are designated as confidential, the plan shall be
4747 provided to the commission in a redacted form for public inspection
4848 with the confidential portions removed.
4949 (c) Each electric cooperative, municipally owned utility,
5050 and transmission and distribution utility shall provide the
5151 cooperative's or utility's plan in its entirety to the independent
5252 organization certified under Section 39.151.
5353 SECTION 3. Section 121.2015(a), Utilities Code, is amended
5454 to read as follows:
5555 (a) The railroad commission shall adopt rules regarding:
5656 (1) public education and awareness relating to gas
5757 pipeline facilities; [and]
5858 (2) community liaison for responding to an emergency
5959 relating to a gas pipeline facility; and
6060 (3) measures gas pipeline facility operators must
6161 implement to prepare gas pipeline facilities to maintain service
6262 quality and reliability during a weather emergency.
6363 SECTION 4. Section 186.007, Utilities Code, is transferred
6464 to Subchapter A, Chapter 31, Utilities Code, redesignated as
6565 Section 31.006, Utilities Code, and amended to read as follows:
6666 Sec. 31.006 [186.007]. WEATHER EMERGENCY PREPAREDNESS
6767 REPORT. (a) [In this section, "commission" means the Public
6868 Utility Commission of Texas.
6969 [(a-1)] The commission shall analyze emergency operations
7070 plans developed under Sections 35.0021 and 38.074 [by electric
7171 utilities as defined by Section 31.002, power generation companies,
7272 municipally owned utilities, and electric cooperatives that
7373 operate generation facilities in this state] and prepare an annual
7474 [a] weather emergency preparedness report on power generation,
7575 transmission, and distribution weatherization in this state
7676 [preparedness]. In preparing the report, the commission shall:
7777 (1) review the emergency operations plans currently on
7878 file with the commission;
7979 (2) analyze and determine the ability of the electric
8080 grid to withstand extreme weather events in the upcoming year;
8181 (3) consider the anticipated weather patterns for the
8282 upcoming year as forecasted by the National Weather Service or any
8383 similar state or national agency; and
8484 (4) make recommendations on improving emergency
8585 operations plans and procedures in order to ensure the continuity
8686 of electric service.
8787 (b) The commission may require an [electric generation]
8888 entity subject to Section 35.0021 or 38.074 [this section] to file
8989 an updated emergency operations plan if it finds that an emergency
9090 operations plan on file does not contain adequate information to
9191 determine whether the entity [electric generation entity] can
9292 provide adequate service during a weather emergency [electric
9393 generation services].
9494 (c) The commission may adopt rules relating to the
9595 implementation of the report [described by Subsection (a-1)].
9696 (d) The commission shall submit each [the] report
9797 [described by Subsection (a-1)] to the lieutenant governor, the
9898 speaker of the house of representatives, and the members of the
9999 legislature [not later than September 30, 2012].
100100 (e) The commission shall [may] submit supplemental
101101 [subsequent] weather emergency preparedness reports to the
102102 lieutenant governor, the speaker of the house of representatives,
103103 and the members of the legislature if the commission finds that
104104 significant changes to weatherization techniques have occurred or
105105 are necessary to protect consumers or vital services, or if there
106106 have been changes to statutes or rules relating to weatherization
107107 requirements. A report under this subsection must be submitted not
108108 later than:
109109 (1) March 1 for a summer weather emergency
110110 preparedness report; and
111111 (2) September 1 for a winter weather emergency
112112 preparedness report.
113113 [(f) The emergency operations plans submitted for the
114114 report described by Subsection (a-1) and any subsequent plans
115115 submitted under Subsection (e) are public information except for
116116 the portions of the plan considered confidential under Chapter 552,
117117 Government Code, or other state or federal law. If portions of a
118118 plan are designated as confidential, the plan shall be provided to
119119 the commission in a redacted form for public inspection with the
120120 confidential portions removed. An electric generation entity
121121 within the ERCOT power region shall provide the entity's plan to
122122 ERCOT in its entirety.]
123123 SECTION 5. This Act takes effect September 1, 2021.