87S10706 JXC-D
By: Rosenthal H.B. No. 279
A BILL TO BE ENTITLED
AN ACT
relating to electricity supply chain risk mitigation planning.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 86.044(d) and (e), Natural Resources
Code, as added by S.B. No. 3, Acts of the 87th Legislature, Regular
Session, 2021, are amended to read as follows:
(d) The commission by rule shall require an operator of a
gas supply chain facility to provide to the commission:
(1) a summary report of a criticality analysis of the
facility;
(2) a plan to mitigate risk factors identified in the
criticality analysis; and
(3) proof that the operator has implemented the plan
described by Subdivision (2) over a reasonable period, in a form
satisfactory to the commission, which may be in the form of
inspections or documents[:
[(1) inspect gas supply chain facilities for
compliance with rules adopted under Subsection (c);
[(2) provide the owner of a facility described by
Subdivision (1) with a reasonable period of time in which to remedy
any violation the commission discovers in an inspection; and
[(3) report to the attorney general any violation that
is not remedied in a reasonable period of time].
(e) The commission shall report to the attorney general any
violation of a rule adopted under Subsection (c) that is not
remedied in a reasonable period of time [prioritize inspections
conducted under Subsection (d)(1) based on risk level, as
determined by the commission].
SECTION 2. Section 35.0021(c), Utilities Code, as added by
S.B. No. 3, Acts of the 87th Legislature, Regular Session, 2021, is
amended to read as follows:
(c) The commission by rule shall require a provider of
electric generation service described by Subsection (a) to provide
to the commission:
(1) a summary report of a criticality analysis of the
provider's generation assets;
(2) a plan to mitigate risk factors identified in the
criticality analysis; and
(3) proof that the provider has implemented the plan
described by Subdivision (2) over a reasonable period, in a form
satisfactory to the commission, which may be in the form of
inspections or documents [independent organization certified under
Section 39.151 for the ERCOT power region shall:
[(1) inspect generation assets in the ERCOT power
region for compliance with the reliability standards;
[(2) provide the owner of a generation asset with a
reasonable period of time in which to remedy any violation the
independent organization discovers in an inspection; and
[(3) report to the commission any violation].
SECTION 3. Section 38.075(b), Utilities Code, as added by
S.B. No. 3, Acts of the 87th Legislature, Regular Session, 2021, is
amended to read as follows:
(b) The commission by rule shall require each electric
cooperative, municipally owned utility, and transmission and
distribution utility providing transmission service in the ERCOT
power region to provide to the commission:
(1) a summary report of a criticality analysis of the
cooperative's or utility's facilities;
(2) a plan to mitigate risk factors identified in the
criticality analysis; and
(3) proof that the cooperative or utility has
implemented the plan described by Subdivision (2) over a reasonable
period, in a form satisfactory to the commission, which may be in
the form of inspections or documents [independent organization
certified under Section 39.151 for the ERCOT power region shall:
[(1) inspect the facilities of each electric
cooperative, municipally owned utility, and transmission and
distribution utility providing transmission service in the ERCOT
power region for compliance with the reliability standards;
[(2) provide the owner of a facility described by
Subdivision (1) with a reasonable period of time in which to remedy
any violation the independent organization discovers in an
inspection; and
[(3) report to the commission any violation that is
not remedied in a reasonable period of time].
SECTION 4. Sections 121.2015(c-1) and (c-2), Utilities
Code, as added by S.B. No. 3, Acts of the 87th Legislature, Regular
Session, 2021, are amended to read as follows:
(c-1) The railroad commission by rule shall require an
operator of a gas pipeline facility described by Subsection (a)(3)
to provide to the railroad commission:
(1) a summary report of a criticality analysis of the
facility;
(2) a plan to mitigate risk factors identified in the
criticality analysis; and
(3) proof that the operator has implemented the plan
described by Subdivision (2) over a reasonable period, in a form
satisfactory to the commission, which may be in the form of
inspections or documents [:
[(1) inspect gas pipeline facilities described by
Subsection (a)(3) for compliance with rules adopted under
Subsection (a)(3);
[(2) provide the owner of a facility described by
Subsection (a)(3) with a reasonable period of time in which to
remedy any violation the railroad commission discovers in an
inspection; and
[(3) report to the attorney general any violation that
is not remedied in a reasonable period of time].
(c-2) The railroad commission shall report to the attorney
general any violation of a rule adopted under Subsection (a)(3)
that is not remedied in a reasonable period of time [prioritize
inspections conducted under Subsection (c-1)(1) based on risk
level, as determined by the railroad commission].
SECTION 5. Sections 35.0021(c-1) and 38.075(c), Utilities
Code, as added by S.B. No. 3, Acts of the 87th Legislature, Regular
Session, 2021, are repealed.
SECTION 6. This Act takes effect on the 91st day after the
last day of the legislative session.