Texas 2021 - 87th Regular

Texas House Bill HB3912 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R11875 JXC-D
2	2	By: Hinojosa H.B. No. 3912
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the weather emergency preparedness of gas facilities
8	8	and facilities for providing electric service.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter C, Chapter 86, Natural Resources
11	11	Code, is amended by adding Section 86.044 to read as follows:
12	12	Sec. 86.044. WEATHER EMERGENCY PREPAREDNESS. (a) The
13	13	commission by rule shall require an operator of a gas well to
14	14	implement measures to prepare the well to operate during a weather
15	15	emergency.
16	16	(b) The rules must be based on information from the National
17	17	Weather Service and the Office of the Texas State Climatologist
18	18	about:
19	19	(1) historic weather emergencies;
20	20	(2) climate variability; and
21	21	(3) projected changes in weather.
22	22	(c) The commission shall review and, if necessary, update
23	23	rules adopted under this section at least once every five years to
24	24	account for changes in the information described by Subsection (b).
25	25	(d) The rules must:
26	26	(1) require an operator of a gas well to implement the
27	27	required measures at the expense of the provider; and
28	28	(2) require the provider to submit to the commission
29	29	an annual report that shows the costs of implementing the required
30	30	measures and that the costs were paid out of the operator's net
31	31	profits.
32	32	SECTION 2. Subchapter A, Chapter 35, Utilities Code, is
33	33	amended by adding Section 35.0021 to read as follows:
34	34	Sec. 35.0021. WEATHER EMERGENCY PREPAREDNESS. (a) The
35	35	commission by rule shall require each provider of generation in the
36	36	ERCOT power region to implement measures to prepare generation
37	37	facilities to provide adequate electric generation service during a
38	38	weather emergency.
39	39	(b) The rules must be based on information from the National
40	40	Weather Service and the Office of the Texas State Climatologist
41	41	about:
42	42	(1) historic weather emergencies;
43	43	(2) climate variability; and
44	44	(3) projected changes in weather.
45	45	(c) The commission shall review and update rules adopted
46	46	under this section at least once every five years to account for
47	47	changes in the information described by Subsection (b).
48	48	(d) The rules must:
49	49	(1) require a provider of generation to implement the
50	50	required measures at the expense of the provider; and
51	51	(2) require the provider to submit to the commission
52	52	an annual report that shows the costs of implementing the required
53	53	measures and that the costs were paid out of the provider's net
54	54	profits.
55	55	SECTION 3. Subchapter D, Chapter 38, Utilities Code, is
56	56	amended by adding Section 38.074 to read as follows:
57	57	Sec. 38.074. WEATHER EMERGENCY PREPAREDNESS. (a) The
58	58	commission by rule shall require each electric cooperative,
59	59	municipally owned utility, and transmission and distribution
60	60	utility providing transmission or distribution service in the ERCOT
61	61	power region to implement measures to prepare facilities to
62	62	maintain service quality and reliability during a weather
63	63	emergency.
64	64	(b) The rules must be based on information from the National
65	65	Weather Service and the Office of the Texas State Climatologist
66	66	about:
67	67	(1) historic weather emergencies;
68	68	(2) climate variability; and
69	69	(3) projected changes in weather.
70	70	(c) The commission shall review and update rules adopted
71	71	under this section at least once every five years to account for
72	72	changes in the information described by Subsection (b).
73	73	(d) The commission shall conduct a study on possible ways to
74	74	provide funding for the measures required by the rules for
75	75	transmission and distribution utilities so that the cost of the
76	76	measures is not paid by retail customers. The commission shall
77	77	submit the results of the study to the legislature not later than
78	78	September 1, 2022. This subsection expires September 1, 2023.
79	79	SECTION 4. Section 121.2015, Utilities Code, is amended by
80	80	amending Subsection (a) and adding Subsections (d), (e), and (f) to
81	81	read as follows:
82	82	(a) The railroad commission shall adopt rules regarding:
83	83	(1) public education and awareness relating to gas
84	84	pipeline facilities; [and]
85	85	(2) community liaison for responding to an emergency
86	86	relating to a gas pipeline facility; and
87	87	(3) measures gas pipeline facility operators must
88	88	implement to prepare gas pipeline facilities to maintain service
89	89	quality and reliability during a weather emergency.
90	90	(d) The rules adopted under Subsection (a)(3) must be based
91	91	on information from the National Weather Service and the Office of
92	92	the Texas State Climatologist about:
93	93	(1) historic weather emergencies;
94	94	(2) climate variability; and
95	95	(3) projected changes in weather.
96	96	(e) The commission shall review and, if necessary, update
97	97	rules adopted under Subsection (a)(3) at least once every five
98	98	years to account for changes in the information described by
99	99	Subsection (d).
100	100	(f) The commission shall conduct a study on possible ways to
101	101	provide funding for the measures required by the rules adopted
102	102	under Subsection (a)(3) so that the cost of the measures is not paid
103	103	by retail customers. The commission shall submit the results of the
104	104	study to the legislature not later than September 1, 2022. This
105	105	subsection expires September 1, 2023.
106	106	SECTION 5. The Public Utility Commission of Texas and the
107	107	Railroad Commission of Texas shall adopt the rules required by this
108	108	Act not later than January 1, 2022.
109	109	SECTION 6. This Act takes effect immediately if it receives
110	110	a vote of two-thirds of all the members elected to each house, as
111	111	provided by Section 39, Article III, Texas Constitution. If this
112	112	Act does not receive the vote necessary for immediate effect, this
113	113	Act takes effect September 1, 2021.