Bill Text: TX HB279 | 2021 | 87th Legislature 1st Special Session | Introduced

Bill Title: Relating to electricity supply chain risk mitigation planning.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2021-07-15 - Filed [HB279 Detail]

Download: Texas-2021-HB279-Introduced.html
  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.

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