Bill Text: TX HB3648 | 2021-2022 | 87th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the provision of natural gas and electric services in this state.
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Passed) 2021-06-18 - Effective immediately [HB3648 Detail]
Download: Texas-2021-HB3648-Engrossed.html
Bill Title: Relating to the provision of natural gas and electric services in this state.
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Passed) 2021-06-18 - Effective immediately [HB3648 Detail]
Download: Texas-2021-HB3648-Engrossed.html
By: Geren, Guillen | H.B. No. 3648 |
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relating to the eligibility and designation of certain gas entities | ||
and gas facilities as critical during an energy emergency. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter D, Chapter 38, Utilities Code, is | ||
amended by adding Section 38.074 to read as follows: | ||
Sec. 38.074. CRITICAL GAS ENTITIES AND FACILITIES DURING AN | ||
ENERGY EMERGENCY. (a) The commission shall work with the Railroad | ||
Commission of Texas and adopt rules to establish a process to | ||
designate certain natural gas facilities and entities associated | ||
with providing natural gas in this state as critical during an | ||
energy emergency. | ||
(b) The commission by rule shall require each electric | ||
utility, municipally owned utility, and electric cooperative to | ||
exclude any circuits that provide power to an entity or facility | ||
designated under Section 81.073, Natural Resources Code, from | ||
participation in the utility's or cooperative's attempt to shed | ||
load in response to a rolling blackout initiated by an independent | ||
organization certified under Section 39.151 or another reliability | ||
council or power pool in which the utility or cooperative operates. | ||
(c) At a minimum, the commission's rules must: | ||
(1) ensure that transmission and distribution | ||
utilities, municipally owned utilities, electric cooperatives, and | ||
the independent organization certified under Section 39.151 for the | ||
ERCOT power region are provided with the information required by | ||
Section 81.073, Natural Resources Code; | ||
(2) provide for a prioritization for load-shed | ||
purposes of the entities and facilities designated under Subsection | ||
(a) during an energy emergency; and | ||
(3) provide discretion to transmission and | ||
distribution utilities, municipally owned utilities, and electric | ||
cooperatives to prioritize power delivery and power restoration | ||
among the customers on their respective systems, as circumstances | ||
require. | ||
SECTION 2. Subchapter C, Chapter 81, Natural Resources | ||
Code, is amended by adding Section 81.073 to read as follows: | ||
Sec. 81.073. CRITICAL GAS ENTITIES AND FACILITIES DURING AN | ||
ENERGY EMERGENCY. (a) The commission shall work with the Public | ||
Utility Commission of Texas to designate certain natural gas | ||
facilities and entities associated with providing natural gas in | ||
this state as critical during an energy emergency. | ||
(b) At a minimum, the commission's rules must: | ||
(1) establish eligibility and designation | ||
requirements for persons who own or operate a facility under the | ||
jurisdiction of the commission under Section 81.051(a) or engage in | ||
an activity under the jurisdiction of the commission under Section | ||
81.051(a) who must provide critical customer designation and | ||
critical gas supply information, as defined by the commission, to | ||
the entities described by Section 38.074(c)(1), Utilities Code; and | ||
(2) consider essential operational elements when | ||
defining critical customer designations and critical gas supply | ||
information, including natural gas production, processing, and | ||
transportation and related produced water handling and disposal | ||
facilities and the delivery of natural gas to generators. | ||
SECTION 3. (a) The Public Utility Commission of Texas and | ||
Railroad Commission of Texas shall adopt the rules required by this | ||
Act not later than September 1, 2021. | ||
(b) The Public Utility Commission of Texas shall provide a | ||
report to the legislature regarding its implementation of the | ||
designation and prioritization requirements, as added by this Act, | ||
not later than January 1, 2022. | ||
SECTION 4. EFFECTIVE DATE. This Act takes effect | ||
immediately if it receives a vote of two-thirds of all the members | ||
elected to each house, as provided by Section 39, Article III, Texas | ||
Constitution. If this Act does not receive the vote necessary for | ||
immediate effect, this Act takes effect December 1, 2021. |