1 | 1 | | 89R15023 CXP-D |
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2 | 2 | | By: McQueeney H.B. No. 4627 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to electric service quality and reliability. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 36.402, Utilities Code, is amended by |
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12 | 12 | | adding Subsection (b-1) to read as follows: |
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13 | 13 | | (b-1) Notwithstanding Subsection (b), the commission may |
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14 | 14 | | not authorize an electric utility to receive a return on equity for |
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15 | 15 | | repaired or replaced damaged infrastructure that the commission |
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16 | 16 | | determines the utility should have reasonably anticipated could |
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17 | 17 | | have been damaged by the weather-related event or natural disaster. |
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18 | 18 | | SECTION 2. Section 38.005(b), Utilities Code, is amended to |
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19 | 19 | | read as follows: |
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20 | 20 | | (b) The commission may take appropriate enforcement action |
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21 | 21 | | under this section, including action against a utility, if any of |
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22 | 22 | | the utility's feeders with 10 or more customers has had a SAIDI or |
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23 | 23 | | SAIFI average that is more than 200 [300] percent greater than the |
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24 | 24 | | system average of all feeders during any two-year period[, |
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25 | 25 | | beginning in the year 2000]. In determining the appropriate |
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26 | 26 | | enforcement action, the commission shall consider: |
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27 | 27 | | (1) the feeder's operating and maintenance history; |
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28 | 28 | | (2) the cause of each interruption in the feeder's |
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29 | 29 | | service; |
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30 | 30 | | (3) the duration of each interruption in the feeder's |
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31 | 31 | | service; |
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32 | 32 | | (4) any action taken by a utility to address the |
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33 | 33 | | feeder's performance; |
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34 | 34 | | (5) [(4)] the estimated cost and benefit of |
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35 | 35 | | remediating a feeder's performance; and |
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36 | 36 | | (6) [(5)] any other relevant factor as determined by |
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37 | 37 | | the commission. |
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38 | 38 | | SECTION 3. Subchapter A, Chapter 38, Utilities Code, is |
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39 | 39 | | amended by adding Section 38.006 to read as follows: |
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40 | 40 | | Sec. 38.006. STRUCTURAL INTEGRITY STANDARDS FOR |
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41 | 41 | | TRANSMISSION AND DISTRIBUTION POLES. (a) This section applies |
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42 | 42 | | only to an electric utility, municipally owned utility, or electric |
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43 | 43 | | cooperative that operates transmission or distribution assets. |
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44 | 44 | | (b) The commission by rule shall adopt standards for the |
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45 | 45 | | structural integrity of transmission and distribution poles. |
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46 | 46 | | (c) The standards adopted under this section must: |
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47 | 47 | | (1) require an electric utility, municipally owned |
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48 | 48 | | utility, or electric cooperative to inspect transmission and |
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49 | 49 | | distribution poles and take appropriate remedial action as |
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50 | 50 | | necessary on a timeline established by the commission; |
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51 | 51 | | (2) account for geographic differences between |
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52 | 52 | | regions of the state; |
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53 | 53 | | (3) consider national guidelines such as the National |
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54 | 54 | | Electrical Safety Code and guidelines developed by the Rural |
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55 | 55 | | Utilities Service of the United States Department of Agriculture; |
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56 | 56 | | and |
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57 | 57 | | (4) establish a classification system to assess the |
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58 | 58 | | serviceability of transmission and distribution poles. |
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59 | 59 | | (d) Each electric utility, municipally owned utility, and |
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60 | 60 | | electric cooperative shall submit to the commission an annual |
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61 | 61 | | report on: |
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62 | 62 | | (1) the implementation of the utility's or |
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63 | 63 | | cooperative's transmission and distribution pole maintenance |
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64 | 64 | | schedule; |
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65 | 65 | | (2) the results of the utility's or cooperative's |
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66 | 66 | | inspection of transmission and distribution poles, including any |
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67 | 67 | | remediation or replacement action taken; and |
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68 | 68 | | (3) any other information the commission requires. |
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69 | 69 | | SECTION 4. The heading to Subchapter E, Chapter 38, |
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70 | 70 | | Utilities Code, is amended to read as follows: |
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71 | 71 | | SUBCHAPTER E. INFRASTRUCTURE IMPROVEMENT AND MAINTENANCE [REPORT] |
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72 | 72 | | SECTION 5. Section 38.101(a), Utilities Code, is amended to |
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73 | 73 | | read as follows: |
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74 | 74 | | (a) Not later than May 1 of each year, each electric utility |
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75 | 75 | | shall submit to the commission a report describing the utility's |
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76 | 76 | | activities related to: |
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77 | 77 | | (1) identifying areas that are susceptible to damage |
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78 | 78 | | during severe weather and hardening transmission and distribution |
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79 | 79 | | facilities in those areas; and |
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80 | 80 | | (2) vegetation management[; and |
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81 | 81 | | [(3) inspecting distribution poles]. |
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82 | 82 | | SECTION 6. (a) The changes in law made by this Act to |
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83 | 83 | | Section 38.005, Utilities Code, apply only to an enforcement action |
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84 | 84 | | initiated by the Public Utility Commission of Texas on or after the |
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85 | 85 | | effective date of this Act. An enforcement action initiated before |
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86 | 86 | | the effective date of this Act is governed by the law in effect |
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87 | 87 | | immediately before the effective date of this Act, and the former |
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88 | 88 | | law is continued in effect for that purpose. |
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89 | 89 | | (b) In adopting rules under Section 38.006, Utilities Code, |
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90 | 90 | | as added by this Act, the Public Utility Commission of Texas shall |
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91 | 91 | | allow an electric utility, electric cooperative, or municipally |
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92 | 92 | | owned utility to complete any required inspection, remediation, or |
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93 | 93 | | replacement of transmission and distribution poles installed |
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94 | 94 | | before the effective date of the rules according to a reasonable |
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95 | 95 | | timeline approved by the commission that allows the utility or |
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96 | 96 | | cooperative to prioritize high-risk transmission and distribution |
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97 | 97 | | poles. |
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98 | 98 | | SECTION 7. This Act takes effect September 1, 2025. |
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