By: Anchia H.B. No. 4562
A BILL TO BE ENTITLED
AN ACT
relating to the extreme weather emergency preparedness of
facilities providing gas or fuel to be used in the production of an
electric service; requiring reporting.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 81, Natural Resources
Code, is amended by adding Section 81.073 to read as follows:
Sec. 81.073. WEATHER EMERGENCY PREPAREDNESS. (a) In this
section, "extreme weather emergency" means a period when:
(1) the previous day's highest temperature did not
exceed 10 degrees Fahrenheit and the temperature is predicted to
remain at or below that level for the next 24 hours according to the
nearest National Weather Service reports; or
(2) the National Weather Service issues a heat
advisory for any county in the relevant service territory, or when
such an advisory has been issued on any one of the previous two
calendar 16 days.
(b) The commission by rule shall require each provider of
gas supply for generation in the ERCOT power region to:
(1) implement measures to prepare generation
facilities, including weatherization protocols and standards, to
provide adequate supply during an extreme weather emergency;
(2) make all reasonable efforts to prevent
interruptions of gas supply during an extreme weather emergency;
(3) reestablish supply within the shortest possible
time, should an interruption occur due to an extreme weather
emergency; and
(4) make reasonable efforts to manage emergencies
resulting from a failure of service caused by an extreme weather
emergency, including issuing instructions to its employees on
procedures to be followed in the event of an extreme weather
emergency.
(c) The rules adopted under Subsection (b) may not neglect
any local neighborhood or geographic area, including rural areas,
communities of less than 1000 people, and low-income areas.
SECTION 2. Subchapter C, Chapter 81, Natural Resources
Code, is amended by adding Section 81.074 to read as follows:
Sec. 81.074. REPORTING INCIDENTS. (a) In this section,
"extreme weather emergency" has the meaning assigned by Section
81.073, Natural Resources Code.
(b) The commission by rule shall require each provider of
gas producers providing supply intended for generation in the ERCOT
power region to:
(1) Register with the Transmission Distribution
Utility serving the power for the location of the gas wellhead,
equipment or facility, as critical infrastructure.
(2) Contact the Transmission Distribution Utility
providing the power to the gas wellhead, equipment or facility
within 4 hours after power is lost during an extreme weather
emergency.
(3) Report outages of power to gas wellheads,
equipment or a facility providing gas for supply of electric
generation in the ERCOT region within 4 hours of notification or
knowledge of power loss and during an extreme weather emergency;
(c) The commission shall require incident reports for power
outages that result in a loss of gas supply intended for electric
generation in the ERCOT market.
(d) The commission shall develop an electronic process of
filing all incident reports.
(e) The commission shall provide immediate and free access
to the reporting of incidents. This shall be provided on the
commission website for viewing as reports are made.
(f) The commission shall develop the electronic reporting
system and provide the website access by November 1, 2021. The
information included shall begin with incident reports filed with
the commission beginning January 1, 2021.
SECTION 3. The Railroad Commission of Texas shall adopt
rules as required by Sections 81.073 and 81.074, Natural Resources
Code, as added by this Act, not later than November 1, 2020.
SECTION 4. 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.