Texas 2025 - 89th Regular

Texas House Bill HB3535 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R9777 DRS-D
2	2	By: Harris Davila H.B. No. 3535
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to requiring backup generation at certain wastewater
10	10	treatment facilities.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter B, Chapter 26, Water Code, is amended
13	13	by adding Section 26.054 to read as follows:
14	14	Sec. 26.054. STANDARDS OF EMERGENCY OPERATIONS FOR PACKAGE
15	15	PLANT. (a) In this section:
16	16	(1) "Emergency operations" means the operation of a
17	17	package plant during an extended power outage that impacts the
18	18	package plant.
19	19	(2) "Extended power outage" means a power outage
20	20	lasting for more than 24 hours.
21	21	(3) "Package plant" means a pre-manufactured
22	22	wastewater treatment facility with a capacity of less than 500,000
23	23	gallons per day. The term includes an extended aeration plant,
24	24	sequencing batch reactor, or oxidation ditch.
25	25	(b) The operator of a package plant shall:
26	26	(1) ensure the emergency operation of the package
27	27	plant during an extended power outage as soon as safe and
28	28	practicable following the occurrence of a natural disaster; and
29	29	(2) adopt and submit to the commission for its
30	30	approval:
31	31	(A) an emergency preparedness plan that
32	32	demonstrates the operator's ability to provide the emergency
33	33	operations described by Subdivision (1); and
34	34	(B) a timeline for implementing the plan
35	35	described by Paragraph (A).
36	36	(c) The commission shall review an emergency preparedness
37	37	plan submitted under Subsection (b). If the commission determines
38	38	that the plan is not acceptable, the commission shall recommend
39	39	changes to the plan. The commission must make its recommendations
40	40	on or before the 90th day after the date the commission receives the
41	41	plan. In accordance with commission rules, an emergency
42	42	preparedness plan for a package plant shall provide for one or more
43	43	of the following:
44	44	(1) the maintenance of automatically starting
45	45	auxiliary generators;
46	46	(2) the sharing of auxiliary generator capacity with
47	47	one or more operators of wastewater treatment facilities affected
48	48	by an extended power outage, including through participation in a
49	49	statewide mutual aid program;
50	50	(3) the negotiation of leasing and contracting
51	51	agreements, including emergency mutual aid agreements with other
52	52	operators of wastewater treatment facilities, if the agreements
53	53	provide for coordination with the division of emergency management
54	54	in the governor's office;
55	55	(4) the use of portable generators capable of serving
56	56	multiple facilities equipped with quick-connect systems;
57	57	(5) the use of on-site electrical generation or
58	58	distributed generation facilities;
59	59	(6) hardening the electric transmission and
60	60	distribution system serving the package plant;
61	61	(7) emergency wastewater treatment service capacity
62	62	rules to maintain emergency operations; or
63	63	(8) any other alternative determined by the commission
64	64	to be acceptable.
65	65	(d) Each operator of a package plant shall include in the
66	66	package plant's emergency preparedness plan under Subsection (b)
67	67	provisions for demonstrating the capability of the package plant to
68	68	provide wastewater treatment service to its customers during
69	69	emergencies. This subsection does not apply to wastewater
70	70	treatment services that are unnecessary or otherwise subject to
71	71	interruption or curtailment during emergencies under a contract.
72	72	(e) The commission shall adopt rules to implement this
73	73	section.
74	74	(f) The commission shall provide an operator of a package
75	75	plant with access to the commission's financial, managerial, and
76	76	technical contractors to assist the operator in complying with the
77	77	applicable emergency preparedness plan submission deadline.
78	78	(g) The commission by rule shall create an emergency
79	79	preparedness plan template for use by an operator of a package plant
80	80	when submitting a plan under this section. The emergency
81	81	preparedness plan template shall contain:
82	82	(1) a list and explanation of the preparations an
83	83	operator of a package plant may make under Subsection (c) for the
84	84	commission to approve the package plant's emergency preparedness
85	85	plan; and
86	86	(2) a list of all commission rules and standards
87	87	pertaining to emergency preparedness plans.
88	88	(h) An emergency generator used as part of an approved
89	89	emergency preparedness plan under Subsection (c) must be operated
90	90	and maintained according to the manufacturer's specifications.
91	91	(i) The commission shall inspect each package plant to
92	92	ensure that the operator of the package plant complies with the
93	93	approved plan.
94	94	(j) The commission shall consider whether compliance with
95	95	this section will cause a significant financial burden on customers
96	96	of an operator of a package plant.
97	97	(k) An operator of a package plant may adopt and enforce
98	98	limitations on wastewater treatment service while the package plant
99	99	is providing emergency operations.
100	100	(l) Except as specifically required by this section,
101	101	information provided by an operator of a package plant under this
102	102	section is confidential and is not subject to disclosure under
103	103	Chapter 552, Government Code.
104	104	(m) The commission shall coordinate with the Public Utility
105	105	Commission of Texas in the administration of this section.
106	106	SECTION 2. (a) Not later than January 1, 2026, the Texas
107	107	Commission on Environmental Quality shall adopt rules necessary to
108	108	implement Section 26.054, Water Code, as added by this Act.
109	109	(b) Not later than May 1, 2026, each operator of a package
110	110	plant shall submit to the Texas Commission on Environmental Quality
111	111	the emergency preparedness plan required by Section 26.054, Water
112	112	Code, as added by this Act.
113	113	(c) Not later than September 1, 2026, or upon final approval
114	114	by the Texas Commission on Environmental Quality, each operator of
115	115	a package plant shall implement the emergency preparedness plan
116	116	required by Section 26.054, Water Code, as added by this Act.
117	117	SECTION 3. This Act takes effect September 1, 2025.