Texas 2021 - 87th Regular

Texas Senate Bill SB1750 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Hancock, Bettencourt S.B. No. 1750
	1	+	By: Hancock S.B. No. 1750
	2	+	(In the Senate - Filed March 12, 2021; March 26, 2021, read
	3	+	first time and referred to Committee on Business & Commerce;
	4	+	April 19, 2021, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 8, Nays 0; April 19, 2021,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1750 By: Hancock
2	9
3	10
4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6	13		relating to extreme weather preparedness of critical electric and
7	14		natural gas infrastructure; authorizing administrative penalties.
8	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	16		SECTION 1. The legislature finds that Winter Storm Uri
10	17		revealed the interconnectedness of the gas and power industries in
11	18		the face of extreme weather and resolves to protect the citizens of
12	19		this state from similar events by requiring coordinated enforcement
13	20		by relevant regulatory bodies.
14	21		SECTION 2. Subchapter C, Chapter 86, Natural Resources
15	22		Code, is amended by adding Section 86.044 to read as follows:
16	23		Sec. 86.044. EXTREME WEATHER EMERGENCY PREPAREDNESS. (a)
17	24		In this section, "extreme weather emergency" means a period when:
18	25		(1) the previous day's highest temperature did not
19	26		exceed 10 degrees Fahrenheit and the temperature is predicted to
20	27		remain at or below that level for the next 24 hours according to the
21	28		nearest National Weather Service reports; or
22	29		(2) the National Weather Service issues a heat
23	30		advisory for any county in the relevant service territory, or when
24	31		such an advisory has been issued on any one of the previous two
25	32		calendar days.
26	33		(b) The commission by rule shall require an operator of a
27	34		gas well to implement measures to prepare the well to operate during
28	35		an extreme weather emergency.
29	36		SECTION 3. Section 121.2015(a), Utilities Code, is amended
30	37		to read as follows:
31	38		(a) The railroad commission shall adopt rules regarding:
32	39		(1) public education and awareness relating to gas
33	40		pipeline facilities; [and]
34	41		(2) community liaison for responding to an emergency
35	42		relating to a gas pipeline facility; and
36	43		(3) measures gas pipeline facility operators must
37	44		implement to prepare gas pipeline facilities to maintain service
38	45		quality and reliability during an extreme weather emergency, as
39	46		defined by Section 86.044, Natural Resources Code.
40	47		SECTION 4. Subchapter A, Chapter 186, Utilities Code, is
41	48		amended by adding Section 186.008 to read as follows:
42	49		Sec. 186.008. WINTER WEATHER EMERGENCY PREPAREDNESS AND
43	50		COORDINATION. (a) In this section:
44	51		(1) "Coordinating agency" means the Public Utility
45	52		Commission of Texas, the Railroad Commission of Texas, or the Texas
46	53		Division of Emergency Management.
47	54		(2) "Coordinated entity" means a power generation
48	55		company as defined by Section 31.002, the independent organization,
49	56		or an entity engaged in the transport, storage, or shipping of
50	57		natural gas to or for a power generation company.
51	58		(3) "Independent organization" means the independent
52	59		organization certified under Section 39.151 for the ERCOT power
53	60		region.
54	61		(b) The Public Utility Commission of Texas and the Railroad
55	62		Commission of Texas each by rule shall require each coordinated
56	63		entity subject to the agency's jurisdiction to establish and submit
57	64		to the respective agency a winter preparedness emergency operations
58	65		plan. The rules must require a winter preparedness emergency
59	66		operations plan to include:
60	67		(1) a plan for operating during extremely cold
61	68		weather;
62	69		(2) a plan that addresses any known critical failure
63	70		points of the entity, including any effects of weather design
64	71		limits;
65	72		(3) a plan for operating during an emergency shortage
66	73		of water or other critical supplies;
67	74		(4) a plan for identifying potentially extreme weather
68	75		events;
69	76		(5) a plan for staffing during extreme weather events;
70	77		(6) natural gas curtailment priorities and
71	78		procedures, if applicable;
72	79		(7) a description of priorities for recovery of
73	80		operational capacity or restoration of service, as applicable;
74	81		(8) identification of critical loads necessary to
75	82		maintain production of electricity or natural gas;
76	83		(9) a communications plan that describes the
77	84		procedures and threshold conditions for initiation of
78	85		communication about a potential extreme weather event with the
79	86		coordinating agencies, other coordinated entities, the public, the
80	87		media, and customers; and
81	88		(10) an affidavit from an owner, partner, officer,
82	89		manager, or other official with responsibility for the entity's
83	90		operations affirming that all relevant operating personnel of the
84	91		entity are familiar with the contents of the emergency operations
85	92		plan and that the personnel will follow the plan, except to the
86	93		extent deviations are appropriate under the circumstances during an
87	94		emergency.
88	95		(c) An emergency operations plan may be combined or
89	96		coordinated with other preparedness reporting requirements,
90	97		including requirements regarding other weather scenarios, natural
91	98		disasters, cybersecurity events, physical security events, and
92	99		pandemics. A coordinating agency may authorize a coordinated
93	100		entity to submit for the purposes of this section a plan required to
94	101		be submitted to the agency under another provision of law if the
95	102		plan includes the information required by this section to be
96	103		included in an emergency operations plan.
97	104		(d) The coordinating agencies shall analyze jointly
98	105		emergency operations plans developed by coordinated entities in
99	106		each even-numbered year and prepare a weather emergency
100	107		preparedness report on power generation and natural gas
101	108		weatherization preparedness in this state. In preparing the
102	109		report, the coordinating agencies shall:
103	110		(1) review the emergency operations plans on file with
104	111		each of the coordinating agencies;
105	112		(2) analyze and determine the ability of the electric
106	113		grid and natural gas system to withstand extreme weather events in
107	114		the upcoming biennium;
108	115		(3) consider the anticipated weather patterns for the
109	116		upcoming biennium; and
110	117		(4) make recommendations on improving emergency
111	118		operations plans and procedures to ensure the continuity of
112	119		electric and natural gas service, including identifying and
113	120		defining potentially appropriate weatherization and emergency
114	121		operations standards, that may:
115	122		(A) differentiate between existing and new
116	123		facilities; and
117	124		(B) consider geography, suitable alternatives,
118	125		cost-effectiveness, and other practical constraints.
119	126		(e) A coordinating agency may require a coordinated entity
120	127		subject to the agency's jurisdiction and this section to file an
121	128		updated emergency operations plan if the coordinating agency finds
122	129		that an emergency operations plan on file does not contain
123	130		sufficient information to determine whether the coordinated entity
124	131		can provide adequate services.
125	132		(f) Each coordinating agency may adopt rules relating to the
126	133		implementation of the report described by Subsection (d).
127	134		(g) The coordinating agencies shall submit the report
128	135		described by Subsection (d) to the lieutenant governor, the speaker
129	136		of the house of representatives, and the members of the legislature
130	137		not later than September 30 of each even-numbered year. The
131	138		coordinating agencies may combine a report required by this section
132	139		with a report required to be produced by a coordinating agency by
133	140		another provision of law when making the submission required by
134	141		this subsection.
135	142		(h) An emergency operations plan submitted to a state agency
136	143		under this section is confidential under Chapters 418 and 552,
137	144		Government Code, and any other applicable law, and is not subject to
138	145		disclosure under Chapter 552, Government Code. If portions of a
139	146		plan are directly referenced in the report described by Subsection
140	147		(d), the information must be in a redacted form for public
141	148		inspection with the confidential portions removed. A coordinated
142	149		entity in the ERCOT power region shall provide the entity's entire
143	150		plan to the independent organization. The independent organization
144	151		shall maintain the confidentiality of the plan.
145	152		(i) The Public Utility Commission of Texas and the Railroad
146	153		Commission of Texas each shall notify coordinated entities under
147	154		their respective jurisdictions of any potential deficiencies in
148	155		entity emergency operations plans and describe any applicable
149	156		winter weatherization and emergency operations standards
150	157		recommended by the coordinating agencies. Not later than the 30th
151	158		day after the date a coordinated entity receives notice under this
152	159		subsection, the entity in writing shall acknowledge to the Public
153	160		Utility Commission of Texas or the Railroad Commission of Texas, as
154	161		applicable, that the entity received the notice.
155	162		(j) The Public Utility Commission of Texas or the Railroad
156	163		Commission of Texas, after notice and opportunity for hearing, may
157	164		impose an administrative penalty on a coordinated entity subject to
158	165		the agency's jurisdiction for failure to submit an emergency
159	166		operations plan or respond to a notice of potential deficiency by
160	167		the required time.
161	168		SECTION 5. The Railroad Commission of Texas shall adopt
162	169		rules as required by Section 86.044, Natural Resources Code, as
163	170		added by this Act, and Section 121.2015(a), Utilities Code, as
164	171		amended by this Act, not later than November 1, 2021.
165	172		SECTION 6. Not later than January 1, 2022, the Public
166	173		Utility Commission of Texas and the Railroad Commission of Texas
167	174		shall adopt the rules required by Section 186.008, Utilities Code,
168	175		as added by this Act.
169	176		SECTION 7. The Railroad Commission of Texas is required to
170	177		implement this Act only if the legislature appropriates money
171	178		specifically for that purpose. If the legislature does not
172	179		appropriate money specifically for that purpose, the Railroad
173	180		Commission of Texas may, but is not required to, implement this Act
174	181		using other appropriations available for the purpose.
175	182		SECTION 8. This Act takes effect September 1, 2021.
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