Bill Text: TX HB3912 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the weather emergency preparedness of gas facilities and facilities for providing electric service.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-24 - Referred to State Affairs [HB3912 Detail]

Download: Texas-2021-HB3912-Introduced.html
  87R11875 JXC-D
 
  By: Hinojosa H.B. No. 3912
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the weather emergency preparedness of gas facilities
  and facilities for providing electric service.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 86, Natural Resources
  Code, is amended by adding Section 86.044 to read as follows:
         Sec. 86.044.  WEATHER EMERGENCY PREPAREDNESS. (a) The
  commission by rule shall require an operator of a gas well to
  implement measures to prepare the well to operate during a weather
  emergency. 
         (b)  The rules must be based on information from the National
  Weather Service and the Office of the Texas State Climatologist
  about:
               (1)  historic weather emergencies;
               (2)  climate variability; and
               (3)  projected changes in weather.
         (c)  The commission shall review and, if necessary, update
  rules adopted under this section at least once every five years to
  account for changes in the information described by Subsection (b).
         (d)  The rules must: 
               (1)  require an operator of a gas well to implement the
  required measures at the expense of the provider; and
               (2)  require the provider to submit to the commission
  an annual report that shows the costs of implementing the required
  measures and that the costs were paid out of the operator's net
  profits.
         SECTION 2.  Subchapter A, Chapter 35, Utilities Code, is
  amended by adding Section 35.0021 to read as follows:
         Sec. 35.0021.  WEATHER EMERGENCY PREPAREDNESS. (a) The
  commission by rule shall require each provider of generation in the
  ERCOT power region to implement measures to prepare generation
  facilities to provide adequate electric generation service during a
  weather emergency.
         (b)  The rules must be based on information from the National
  Weather Service and the Office of the Texas State Climatologist
  about:
               (1)  historic weather emergencies;
               (2)  climate variability; and
               (3)  projected changes in weather.
         (c)  The commission shall review and update rules adopted
  under this section at least once every five years to account for
  changes in the information described by Subsection (b). 
         (d)  The rules must: 
               (1)  require a provider of generation to implement the
  required measures at the expense of the provider; and
               (2)  require the provider to submit to the commission
  an annual report that shows the costs of implementing the required
  measures and that the costs were paid out of the provider's net
  profits.
         SECTION 3.  Subchapter D, Chapter 38, Utilities Code, is
  amended by adding Section 38.074 to read as follows:
         Sec. 38.074.  WEATHER EMERGENCY PREPAREDNESS. (a) The
  commission by rule shall require each electric cooperative,
  municipally owned utility, and transmission and distribution
  utility providing transmission or distribution service in the ERCOT
  power region to implement measures to prepare facilities to
  maintain service quality and reliability during a weather
  emergency.
         (b)  The rules must be based on information from the National
  Weather Service and the Office of the Texas State Climatologist
  about:
               (1)  historic weather emergencies;
               (2)  climate variability; and
               (3)  projected changes in weather.
         (c)  The commission shall review and update rules adopted
  under this section at least once every five years to account for
  changes in the information described by Subsection (b).
         (d)  The commission shall conduct a study on possible ways to
  provide funding for the measures required by the rules for
  transmission and distribution utilities so that the cost of the
  measures is not paid by retail customers. The commission shall
  submit the results of the study to the legislature not later than
  September 1, 2022. This subsection expires September 1, 2023.
         SECTION 4.  Section 121.2015, Utilities Code, is amended by
  amending Subsection (a) and adding Subsections (d), (e), and (f) to
  read as follows:
         (a)  The railroad commission shall adopt rules regarding:
               (1)  public education and awareness relating to gas
  pipeline facilities; [and]
               (2)  community liaison for responding to an emergency
  relating to a gas pipeline facility; and
               (3)  measures gas pipeline facility operators must
  implement to prepare gas pipeline facilities to maintain service
  quality and reliability during a weather emergency.
         (d)  The rules adopted under Subsection (a)(3) must be based
  on information from the National Weather Service and the Office of
  the Texas State Climatologist about:
               (1)  historic weather emergencies;
               (2)  climate variability; and
               (3)  projected changes in weather.
         (e)  The commission shall review and, if necessary, update
  rules adopted under Subsection (a)(3) at least once every five
  years to account for changes in the information described by
  Subsection (d).
         (f)  The commission shall conduct a study on possible ways to
  provide funding for the measures required by the rules adopted
  under Subsection (a)(3) so that the cost of the measures is not paid
  by retail customers. The commission shall submit the results of the
  study to the legislature not later than September 1, 2022. This
  subsection expires September 1, 2023.
         SECTION 5.  The Public Utility Commission of Texas and the
  Railroad Commission of Texas shall adopt the rules required by this
  Act not later than January 1, 2022.
         SECTION 6.  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 September 1, 2021.
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