Texas 2025 - 89th Regular

Texas Senate Bill SB1740 Compare Versions

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1	1	89R11957 CS-D
2	2	By: Parker S.B. No. 1740
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the protection of critical components of the electric
10	10	grid from damage from electromagnetic threats.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle B, Title 2, Utilities Code, is amended
13	13	by adding Chapter 44 to read as follows:
14	14	CHAPTER 44. GRID RESILIENCE
15	15	Sec. 44.001. DEFINITION. In this chapter, "EMP Commission
16	16	reports" means all reports released by the Commission to Assess the
17	17	Threat to the United States from Electromagnetic Pulse (EMP)
18	18	Attack, including the July 2017 report titled "Recommended E3 HEMP
19	19	Heave Electric Field Waveform for the Critical Infrastructures."
20	20	Sec. 44.002. CRITICAL COMPONENT RESILIENCE. The commission
21	21	shall:
22	22	(1) identify critical components of the ERCOT electric
23	23	grid vulnerable to an electromagnetic pulse or a geomagnetic
24	24	disturbance, such as components of substations, control centers,
25	25	large power transformers, generators, high voltage breakers, or
26	26	downstream equipment;
27	27	(2) evaluate EMP Commission reports for potential
28	28	application to critical electric grid infrastructure in ERCOT; and
29	29	(3) by rule require that all high-capacity generation
30	30	substations and large power transformers in ERCOT constructed or
31	31	installed after September 1, 2025, be designed in accordance with
32	32	applicable standards proposed in EMP Commission reports, including
33	33	any applicable requirements for withstanding 50 kilovolts/meter E1
34	34	electromagnetic pulses and 85 volts/kilometer E3 electromagnetic
35	35	pulses.
36	36	Sec. 44.003. GRANT PROGRAM FOR UPGRADES TO CRITICAL
37	37	COMPONENTS. (a) The commission shall establish a grant program for
38	38	the public purpose of funding protective upgrades to critical
39	39	components identified under Section 44.002(1) that are at risk of
40	40	failure in the event of electromagnetic threats to ensure the
41	41	components can withstand 50 kilovolts/meter E1 electromagnetic
42	42	pulses and 85 volts/kilometer E3 electromagnetic pulses.
43	43	(b) An entity that owns or operates a component identified
44	44	by the commission under Section 44.002(1) may apply to the
45	45	commission for a grant under this section.
46	46	(c) An entity that receives a grant under this section may
47	47	not recover under Section 38.078 costs paid by the grant.
48	48	Sec. 44.004. ELECTROMAGNETIC PULSE PROTECTION AND
49	49	RESILIENCE ACCOUNT. The electromagnetic pulse protection and
50	50	resilience account is created as an account in the general revenue
51	51	fund. The commission shall administer the account. Distributions
52	52	from the account may be used only for furthering the purposes of
53	53	this chapter and commission duties under this chapter. The account
54	54	is composed of:
55	55	(1) money the legislature appropriates to the account;
56	56	and
57	57	(2) gifts, grants, and other donations the commission
58	58	receives for the account.
59	59	Sec. 44.005. BIENNIAL REVIEW. Biennially, the commission
60	60	shall:
61	61	(1) conduct a review of the grant program established
62	62	under Section 44.003 to evaluate the cost of the program and the
63	63	benefits to the public of increased protection and resiliency of
64	64	the electric grid as a result of improvements to critical
65	65	components; and
66	66	(2) submit a report to the legislature on the
67	67	commission's findings after the review conducted under Subdivision
68	68	(1).
69	69	SECTION 2. Section 38.078(b), Utilities Code, as added by
70	70	Chapter 836 (H.B. 2555), Acts of the 88th Legislature, Regular
71	71	Session, 2023, is amended to read as follows:
72	72	(b) An electric utility may file, in a manner authorized by
73	73	commission rule, a plan to enhance the resiliency of the utility's
74	74	transmission and distribution system through at least one of the
75	75	following methods:
76	76	(1) hardening electrical transmission and
77	77	distribution facilities, including against electromagnetic
78	78	threats;
79	79	(2) modernizing electrical transmission and
80	80	distribution facilities;
81	81	(3) undergrounding certain electrical distribution
82	82	lines;
83	83	(4) lightning mitigation measures;
84	84	(5) flood mitigation measures;
85	85	(6) information technology;
86	86	(7) cybersecurity measures;
87	87	(8) physical security measures;
88	88	(9) vegetation management; or
89	89	(10) wildfire mitigation and response.
90	90	SECTION 3. This Act takes effect September 1, 2025.