| 1 | 1 | | By: Anchia H.B. No. 4562 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the extreme weather emergency preparedness of |
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| 7 | 7 | | facilities providing gas or fuel to be used in the production of an |
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| 8 | 8 | | electric service; requiring reporting. |
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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 C, Chapter 81, Natural Resources |
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| 11 | 11 | | Code, is amended by adding Section 81.073 to read as follows: |
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| 12 | 12 | | Sec. 81.073. WEATHER EMERGENCY PREPAREDNESS. (a) In this |
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| 13 | 13 | | section, "extreme weather emergency" means a period when: |
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| 14 | 14 | | (1) the previous day's highest temperature did not |
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| 15 | 15 | | exceed 10 degrees Fahrenheit and the temperature is predicted to |
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| 16 | 16 | | remain at or below that level for the next 24 hours according to the |
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| 17 | 17 | | nearest National Weather Service reports; or |
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| 18 | 18 | | (2) the National Weather Service issues a heat |
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| 19 | 19 | | advisory for any county in the relevant service territory, or when |
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| 20 | 20 | | such an advisory has been issued on any one of the previous two |
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| 21 | 21 | | calendar 16 days. |
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| 22 | 22 | | (b) The commission by rule shall require each provider of |
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| 23 | 23 | | gas supply for generation in the ERCOT power region to: |
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| 24 | 24 | | (1) implement measures to prepare generation |
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| 25 | 25 | | facilities, including weatherization protocols and standards, to |
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| 26 | 26 | | provide adequate supply during an extreme weather emergency; |
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| 27 | 27 | | (2) make all reasonable efforts to prevent |
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| 28 | 28 | | interruptions of gas supply during an extreme weather emergency; |
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| 29 | 29 | | (3) reestablish supply within the shortest possible |
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| 30 | 30 | | time, should an interruption occur due to an extreme weather |
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| 31 | 31 | | emergency; and |
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| 32 | 32 | | (4) make reasonable efforts to manage emergencies |
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| 33 | 33 | | resulting from a failure of service caused by an extreme weather |
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| 34 | 34 | | emergency, including issuing instructions to its employees on |
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| 35 | 35 | | procedures to be followed in the event of an extreme weather |
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| 36 | 36 | | emergency. |
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| 37 | 37 | | (c) The rules adopted under Subsection (b) may not neglect |
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| 38 | 38 | | any local neighborhood or geographic area, including rural areas, |
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| 39 | 39 | | communities of less than 1000 people, and low-income areas. |
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| 40 | 40 | | SECTION 2. Subchapter C, Chapter 81, Natural Resources |
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| 41 | 41 | | Code, is amended by adding Section 81.074 to read as follows: |
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| 42 | 42 | | Sec. 81.074. REPORTING INCIDENTS. (a) In this section, |
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| 43 | 43 | | "extreme weather emergency" has the meaning assigned by Section |
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| 44 | 44 | | 81.073, Natural Resources Code. |
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| 45 | 45 | | (b) The commission by rule shall require each provider of |
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| 46 | 46 | | gas producers providing supply intended for generation in the ERCOT |
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| 47 | 47 | | power region to: |
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| 48 | 48 | | (1) Register with the Transmission Distribution |
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| 49 | 49 | | Utility serving the power for the location of the gas wellhead, |
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| 50 | 50 | | equipment or facility, as critical infrastructure. |
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| 51 | 51 | | (2) Contact the Transmission Distribution Utility |
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| 52 | 52 | | providing the power to the gas wellhead, equipment or facility |
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| 53 | 53 | | within 4 hours after power is lost during an extreme weather |
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| 54 | 54 | | emergency. |
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| 55 | 55 | | (3) Report outages of power to gas wellheads, |
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| 56 | 56 | | equipment or a facility providing gas for supply of electric |
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| 57 | 57 | | generation in the ERCOT region within 4 hours of notification or |
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| 58 | 58 | | knowledge of power loss and during an extreme weather emergency; |
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| 59 | 59 | | (c) The commission shall require incident reports for power |
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| 60 | 60 | | outages that result in a loss of gas supply intended for electric |
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| 61 | 61 | | generation in the ERCOT market. |
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| 62 | 62 | | (d) The commission shall develop an electronic process of |
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| 63 | 63 | | filing all incident reports. |
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| 64 | 64 | | (e) The commission shall provide immediate and free access |
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| 65 | 65 | | to the reporting of incidents. This shall be provided on the |
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| 66 | 66 | | commission website for viewing as reports are made. |
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| 67 | 67 | | (f) The commission shall develop the electronic reporting |
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| 68 | 68 | | system and provide the website access by November 1, 2021. The |
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| 69 | 69 | | information included shall begin with incident reports filed with |
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| 70 | 70 | | the commission beginning January 1, 2021. |
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| 71 | 71 | | SECTION 3. The Railroad Commission of Texas shall adopt |
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| 72 | 72 | | rules as required by Sections 81.073 and 81.074, Natural Resources |
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| 73 | 73 | | Code, as added by this Act, not later than November 1, 2020. |
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| 74 | 74 | | SECTION 4. This Act takes effect immediately if it receives |
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| 75 | 75 | | a vote of two-thirds of all the members elected to each house, as |
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| 76 | 76 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 77 | 77 | | Act does not receive the vote necessary for immediate effect, this |
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| 78 | 78 | | Act takes effect September 1, 2021. |
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