Bill Text: TX HB4150 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to safety and inspection requirements for certain utilities that provide electricity.
Spectrum: Moderate Partisan Bill (Republican 13-2)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB4150 Detail]
Download: Texas-2019-HB4150-Enrolled.html
| H.B. No. 4150 | ||
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| relating to safety and inspection requirements for certain | ||
| utilities that provide electricity. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. This Act may be cited as the William Thomas Heath | ||
| Power Line Safety Act. | ||
| SECTION 2. Subchapter A, Chapter 35, Utilities Code, is | ||
| amended by adding Section 35.010 to read as follows: | ||
| Sec. 35.010. COSTS RELATED TO REPORTING ON SAFETY PROCESSES | ||
| AND INSPECTIONS FOR CERTAIN UTILITIES. (a) This section applies | ||
| only to a municipally owned utility or electric cooperative that | ||
| has wholesale transmission rates established by the commission. | ||
| (b) Costs incurred by a municipally owned utility or | ||
| electric cooperative to comply with Section 38.102 shall be | ||
| recorded as a regulatory asset for timely recovery in wholesale | ||
| transmission rates established by the commission. | ||
| (c) The commission may adopt rules relating to the recording | ||
| of regulatory assets under this section. | ||
| SECTION 3. Subchapter B, Chapter 36, Utilities Code, is | ||
| amended by adding Section 36.066 to read as follows: | ||
| Sec. 36.066. COSTS RELATED TO REPORTING ON SAFETY PROCESSES | ||
| AND INSPECTIONS FOR CERTAIN UTILITIES. (a) Costs incurred by an | ||
| electric utility to comply with Section 38.102 shall be recorded as | ||
| a regulatory asset for timely recovery in rates established by the | ||
| commission. | ||
| (b) The commission may adopt rules relating to the recording | ||
| of regulatory assets under this section. | ||
| SECTION 4. Section 38.004, Utilities Code, is amended to | ||
| read as follows: | ||
| Sec. 38.004. MINIMUM CLEARANCE STANDARD. (a) | ||
| Notwithstanding any other law, a transmission or distribution line | ||
| owned by an electric utility or an electric cooperative must be | ||
| constructed, operated, and maintained, as to clearances, in the | ||
| manner described by the National Electrical Safety Code Standard | ||
| ANSI (c)(2), as adopted by the American National Safety Institute | ||
| and in effect at the time of construction. | ||
| (b) An electric utility, municipally owned utility, or | ||
| electric cooperative shall meet the minimum clearance requirements | ||
| specified in Rule 232 of the National Electrical Safety Code | ||
| Standard ANSI (c)(2) in the construction of any transmission or | ||
| distribution line over the following lakes: | ||
| (1) Abilene; | ||
| (2) Alan Henry; | ||
| (3) Alvarado Park; | ||
| (4) Amistad; | ||
| (5) Amon G. Carter; | ||
| (6) Aquilla; | ||
| (7) Arlington; | ||
| (8) Arrowhead; | ||
| (9) Athens; | ||
| (10) Austin; | ||
| (11) Averhoff; | ||
| (12) B. A. Steinhagen; | ||
| (13) Bachman; | ||
| (14) Balmorhea; | ||
| (15) Bardwell; | ||
| (16) Bastrop; | ||
| (17) Baylor Creek; | ||
| (18) Belton; | ||
| (19) Benbrook; | ||
| (20) Big Creek; | ||
| (21) Bob Sandlin; | ||
| (22) Bonham; | ||
| (23) Bonham State Park; | ||
| (24) Brady Creek; | ||
| (25) Brandy Branch; | ||
| (26) Braunig; | ||
| (27) Brazos; | ||
| (28) Bridgeport; | ||
| (29) Brownwood; | ||
| (30) Bryan; | ||
| (31) Bryson; | ||
| (32) Buchanan; | ||
| (33) Buffalo Creek; | ||
| (34) Buffalo Springs; | ||
| (35) Caddo; | ||
| (36) Calaveras; | ||
| (37) Canyon; | ||
| (38) Casa Blanca; | ||
| (39) Cedar Creek; | ||
| (40) Champion Creek; | ||
| (41) Choke Canyon; | ||
| (42) Cisco; | ||
| (43) Cleburne State Park; | ||
| (44) Clyde; | ||
| (45) Coffee Mill; | ||
| (46) Coleman; | ||
| (47) Coleto Creek; | ||
| (48) Colorado City; | ||
| (49) Conroe; | ||
| (50) Cooper; | ||
| (51) Corpus Christi; | ||
| (52) Crook; | ||
| (53) Cypress Springs; | ||
| (54) Daniel; | ||
| (55) Davy Crockett; | ||
| (56) Diversion; | ||
| (57) Dunlap; | ||
| (58) Eagle Mountain; | ||
| (59) E. V. Spence; | ||
| (60) Fairfield; | ||
| (61) Falcon; | ||
| (62) Fayette County; | ||
| (63) Findley; | ||
| (64) Fork; | ||
| (65) Fort Parker State Park; | ||
| (66) Fort Phantom Hill; | ||
| (67) Fryer; | ||
| (68) Georgetown; | ||
| (69) Gibbons Creek; | ||
| (70) Gilmer; | ||
| (71) Gladewater; | ||
| (72) Gonzales; | ||
| (73) Graham; | ||
| (74) Granbury; | ||
| (75) Granger; | ||
| (76) Grapevine; | ||
| (77) Greenbelt; | ||
| (78) Halbert; | ||
| (79) Hawkins; | ||
| (80) Holbrook; | ||
| (81) Hords Creek; | ||
| (82) Houston; | ||
| (83) Houston County; | ||
| (84) Hubbard Creek; | ||
| (85) Inks; | ||
| (86) Jacksboro; | ||
| (87) Jacksonville; | ||
| (88) J. B. Thomas; | ||
| (89) Joe Pool; | ||
| (90) Kemp; | ||
| (91) Kickapoo; | ||
| (92) Kirby; | ||
| (93) Kurth; | ||
| (94) Lady Bird; | ||
| (95) Lake O' The Pines; | ||
| (96) Lavon; | ||
| (97) Leon; | ||
| (98) Lewisville; | ||
| (99) Limestone; | ||
| (100) Livingston; | ||
| (101) Lone Star; | ||
| (102) Lost Creek; | ||
| (103) Lyndon B. Johnson; | ||
| (104) Mackenzie; | ||
| (105) Marble Falls; | ||
| (106) Marine Creek; | ||
| (107) Martin Creek; | ||
| (108) McClellan; | ||
| (109) Medina; | ||
| (110) Meredith; | ||
| (111) Meridian State Park; | ||
| (112) Mexia; | ||
| (113) Mill Creek; | ||
| (114) Millers Creek; | ||
| (115) Mineral Wells; | ||
| (116) Monticello; | ||
| (117) Moss; | ||
| (118) Mountain Creek; | ||
| (119) Muenster; | ||
| (120) Murvaul; | ||
| (121) Nacogdoches; | ||
| (122) Naconiche; | ||
| (123) Nasworthy; | ||
| (124) Navarro Mills; | ||
| (125) New Ballinger; | ||
| (126) Nocona; | ||
| (127) Oak Creek; | ||
| (128) O. C. Fisher; | ||
| (129) O. H. Ivie; | ||
| (130) Palestine; | ||
| (131) Palo Duro; | ||
| (132) Palo Pinto; | ||
| (133) Pat Cleburne; | ||
| (134) Pat Mayse; | ||
| (135) Pinkston; | ||
| (136) Placid; | ||
| (137) Possum Kingdom; | ||
| (138) Proctor; | ||
| (139) Purtis Creek; | ||
| (140) Quitman; | ||
| (141) Raven; | ||
| (142) Ray Hubbard; | ||
| (143) Ray Roberts; | ||
| (144) Red Bluff; | ||
| (145) Richland-Chambers; | ||
| (146) Sam Rayburn; | ||
| (147) Sheldon; | ||
| (148) Somerville; | ||
| (149) Squaw Creek; | ||
| (150) Stamford; | ||
| (151) Stillhouse Hollow; | ||
| (152) Striker; | ||
| (153) Sulphur Springs; | ||
| (154) Sweetwater; | ||
| (155) Tawakoni; | ||
| (156) Texana; | ||
| (157) Texoma; | ||
| (158) Timpson; | ||
| (159) Toledo Bend; | ||
| (160) Tradinghouse Creek; | ||
| (161) Travis; | ||
| (162) Twin Buttes; | ||
| (163) Tyler; | ||
| (164) Waco; | ||
| (165) Walter E. Long; | ||
| (166) Waxahachie; | ||
| (167) Weatherford; | ||
| (168) Welsh; | ||
| (169) Wheeler Branch; | ||
| (170) White River; | ||
| (171) White Rock; | ||
| (172) Whitney; | ||
| (173) Wichita; | ||
| (174) Winnsboro; | ||
| (175) Winters-Elm Creek; | ||
| (176) Wood; | ||
| (177) Worth; and | ||
| (178) Wright Patman. | ||
| SECTION 5. Subchapter E, Chapter 38, Utilities Code, is | ||
| amended by adding Section 38.102 to read as follows: | ||
| Sec. 38.102. REPORTS ON SAFETY PROCESSES AND INSPECTIONS. | ||
| (a) Each electric utility, municipally owned utility, and electric | ||
| cooperative that owns or operates overhead transmission or | ||
| distribution assets shall submit to the commission a report that | ||
| includes: | ||
| (1) a summary description of hazard recognition | ||
| training documents provided by the utility or electric cooperative | ||
| to its employees related to overhead transmission and distribution | ||
| facilities; and | ||
| (2) a summary description of training programs | ||
| provided to employees by the utility or electric cooperative | ||
| related to the National Electrical Safety Code for the construction | ||
| of electric transmission and distribution lines. | ||
| (b) An electric utility, municipally owned utility, or | ||
| electric cooperative shall submit an updated report not later than | ||
| the 30th day after the date the utility or electric cooperative | ||
| finalizes a material change to a document or program included in a | ||
| report submitted under Subsection (a). | ||
| (c) Not later than May 1 every five years, each electric | ||
| utility, municipally owned utility, and electric cooperative that | ||
| owns or operates overhead transmission facilities greater than 60 | ||
| kilovolts shall submit to the commission a report for the preceding | ||
| five-year period ending on December 31 of the preceding calendar | ||
| year that includes: | ||
| (1) the percentage of overhead transmission | ||
| facilities greater than 60 kilovolts inspected for compliance with | ||
| the National Electrical Safety Code relating to vertical clearance | ||
| in the reporting period; and | ||
| (2) the percentage of the overhead transmission | ||
| facilities greater than 60 kilovolts anticipated to be inspected | ||
| for compliance with the National Electrical Safety Code relating to | ||
| vertical clearance during the five-year period beginning on January | ||
| 1 of the year in which the report is submitted. | ||
| (d) Subject to Subsection (f), not later than May 1 of each | ||
| year, each electric utility, municipally owned utility, or electric | ||
| cooperative that owns or operates overhead transmission facilities | ||
| greater than 60 kilovolts shall submit to the commission a report on | ||
| the overhead transmission facilities for the preceding calendar | ||
| year that includes information regarding: | ||
| (1) the number of identified occurrences of | ||
| noncompliance with Section 38.004 regarding the vertical clearance | ||
| requirements of the National Electrical Safety Code for overhead | ||
| transmission facilities; | ||
| (2) whether the utility or electric cooperative has | ||
| actual knowledge that any portion of the utility's or electric | ||
| cooperative's transmission system is not in compliance with Section | ||
| 38.004 regarding the vertical clearance requirements of the | ||
| National Electrical Safety Code; and | ||
| (3) whether the utility or electric cooperative has | ||
| actual knowledge of any violations of easement agreements with the | ||
| United States Army Corps of Engineers relating to Section 38.004 | ||
| regarding the vertical clearance requirements of the National | ||
| Electrical Safety Code for overhead transmission facilities. | ||
| (e) Subject to Subsection (f), not later than May 1 of each | ||
| year, each electric utility, municipally owned utility, or electric | ||
| cooperative that owns or operates overhead transmission facilities | ||
| greater than 60 kilovolts or distribution facilities greater than 1 | ||
| kilovolt shall submit to the commission a report for the preceding | ||
| calendar year that includes: | ||
| (1) the number of fatalities or injuries of | ||
| individuals other than employees, contractors, or other persons | ||
| qualified to work in proximity to overhead high voltage lines | ||
| involving transmission or distribution assets related to | ||
| noncompliance with the requirements of Section 38.004; and | ||
| (2) a description of corrective actions taken or | ||
| planned to prevent the reoccurrence of fatalities or injuries | ||
| described by Subdivision (1). | ||
| (f) Violations resulting from, and incidents, fatalities, | ||
| or injuries attributable to a violation resulting from, a natural | ||
| disaster, weather event, or man-made act or force outside of a | ||
| utility's or electric cooperative's control are not required to be | ||
| included in the portions of the reports required under Subsections | ||
| (d) and (e). | ||
| (g) Not later than September 1, each year the commission | ||
| shall make the reports publicly available on the commission's | ||
| Internet website. | ||
| (h) A report, and any required information contained in a | ||
| report, made on an incident or violation under this section is not | ||
| admissible in a civil or criminal proceeding against the electric | ||
| utility, municipally owned utility, or electric cooperative, or the | ||
| utility's or electric cooperative's employees, directors, or | ||
| officers. The commission may otherwise take enforcement actions | ||
| under the commission's authority. | ||
| SECTION 6. Any electric utility, municipally owned utility, | ||
| or electric cooperative that owns a transmission or distribution | ||
| line over a lake listed in Section 38.004(b), Utilities Code, as | ||
| added by this Act, that is not in compliance on the effective date | ||
| of this Act with the clearance standards of Rule 232 of the National | ||
| Electrical Safety Code Standard ANSI (c)(2) in effect at the time | ||
| the line was constructed shall bring the line into compliance not | ||
| later than December 31, 2021. Any line over a lake listed in | ||
| Section 38.004(b), Utilities Code, as added by this Act, that must | ||
| be rebuilt to comply with this section must be constructed in | ||
| accordance with the clearance standards of Rule 232 of the National | ||
| Electrical Safety Code Standard ANSI (c)(2) in effect on the | ||
| effective date of this Act. | ||
| SECTION 7. An electric utility, a municipally owned | ||
| utility, or an electric cooperative required to submit a report | ||
| under Section 38.102, Utilities Code, as added by this Act, is not | ||
| required to submit the report until May 1, 2020. | ||
| SECTION 8. This Act takes effect September 1, 2019. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 4150 was passed by the House on May 3, | ||
| 2019, by the following vote: Yeas 143, Nays 0, 1 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 4150 on May 24, 2019, by the following vote: Yeas 139, Nays 0, | ||
| 2 present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 4150 was passed by the Senate, with | ||
| amendments, on May 22, 2019, by the following vote: Yeas 31, Nays | ||
| 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
