87R11875 JXC-D
By: Hinojosa H.B. No. 3912
A BILL TO BE ENTITLED
AN ACT
relating to the weather emergency preparedness of gas facilities
and facilities for providing electric service.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 86, Natural Resources
Code, is amended by adding Section 86.044 to read as follows:
Sec. 86.044. WEATHER EMERGENCY PREPAREDNESS. (a) The
commission by rule shall require an operator of a gas well to
implement measures to prepare the well to operate during a weather
emergency.
(b) The rules must be based on information from the National
Weather Service and the Office of the Texas State Climatologist
about:
(1) historic weather emergencies;
(2) climate variability; and
(3) projected changes in weather.
(c) The commission shall review and, if necessary, update
rules adopted under this section at least once every five years to
account for changes in the information described by Subsection (b).
(d) The rules must:
(1) require an operator of a gas well to implement the
required measures at the expense of the provider; and
(2) require the provider to submit to the commission
an annual report that shows the costs of implementing the required
measures and that the costs were paid out of the operator's net
profits.
SECTION 2. 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 implement measures to prepare generation
facilities to provide adequate electric generation service during a
weather emergency.
(b) The rules must be based on information from the National
Weather Service and the Office of the Texas State Climatologist
about:
(1) historic weather emergencies;
(2) climate variability; and
(3) projected changes in weather.
(c) The commission shall review and update rules adopted
under this section at least once every five years to account for
changes in the information described by Subsection (b).
(d) The rules must:
(1) require a provider of generation to implement the
required measures at the expense of the provider; and
(2) require the provider to submit to the commission
an annual report that shows the costs of implementing the required
measures and that the costs were paid out of the provider's net
profits.
SECTION 3. 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 implement measures to prepare facilities to
maintain service quality and reliability during a weather
emergency.
(b) The rules must be based on information from the National
Weather Service and the Office of the Texas State Climatologist
about:
(1) historic weather emergencies;
(2) climate variability; and
(3) projected changes in weather.
(c) The commission shall review and update rules adopted
under this section at least once every five years to account for
changes in the information described by Subsection (b).
(d) The commission shall conduct a study on possible ways to
provide funding for the measures required by the rules for
transmission and distribution utilities so that the cost of the
measures is not paid by retail customers. The commission shall
submit the results of the study to the legislature not later than
September 1, 2022. This subsection expires September 1, 2023.
SECTION 4. Section 121.2015, Utilities Code, is amended by
amending Subsection (a) and adding Subsections (d), (e), and (f) 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.
(d) The rules adopted under Subsection (a)(3) must be based
on information from the National Weather Service and the Office of
the Texas State Climatologist about:
(1) historic weather emergencies;
(2) climate variability; and
(3) projected changes in weather.
(e) The commission shall review and, if necessary, update
rules adopted under Subsection (a)(3) at least once every five
years to account for changes in the information described by
Subsection (d).
(f) The commission shall conduct a study on possible ways to
provide funding for the measures required by the rules adopted
under Subsection (a)(3) so that the cost of the measures is not paid
by retail customers. The commission shall submit the results of the
study to the legislature not later than September 1, 2022. This
subsection expires September 1, 2023.
SECTION 5. The Public Utility Commission of Texas and the
Railroad Commission of Texas shall adopt the rules required by this
Act not later than January 1, 2022.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.