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 |
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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; [ |
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(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. |