Bill Text: TX SB1750 | 2021-2022 | 87th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to extreme weather preparedness of critical electric and natural gas infrastructure; authorizing administrative penalties.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2021-04-30 - Referred to State Affairs [SB1750 Detail]
Download: Texas-2021-SB1750-Comm_Sub.html
Bill Title: Relating to extreme weather preparedness of critical electric and natural gas infrastructure; authorizing administrative penalties.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2021-04-30 - Referred to State Affairs [SB1750 Detail]
Download: Texas-2021-SB1750-Comm_Sub.html
By: Hancock | S.B. No. 1750 | |
(In the Senate - Filed March 12, 2021; March 26, 2021, read | ||
first time and referred to Committee on Business & Commerce; | ||
April 19, 2021, reported adversely, with favorable Committee | ||
Substitute by the following vote: Yeas 8, Nays 0; April 19, 2021, | ||
sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 1750 | By: Hancock |
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relating to extreme weather preparedness of critical electric and | ||
natural gas infrastructure; authorizing administrative penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The legislature finds that Winter Storm Uri | ||
revealed the interconnectedness of the gas and power industries in | ||
the face of extreme weather and resolves to protect the citizens of | ||
this state from similar events by requiring coordinated enforcement | ||
by relevant regulatory bodies. | ||
SECTION 2. Subchapter C, Chapter 86, Natural Resources | ||
Code, is amended by adding Section 86.044 to read as follows: | ||
Sec. 86.044. EXTREME WEATHER EMERGENCY PREPAREDNESS. (a) | ||
In this section, "extreme weather emergency" means a period when: | ||
(1) the previous day's highest temperature did not | ||
exceed 10 degrees Fahrenheit and the temperature is predicted to | ||
remain at or below that level for the next 24 hours according to the | ||
nearest National Weather Service reports; or | ||
(2) the National Weather Service issues a heat | ||
advisory for any county in the relevant service territory, or when | ||
such an advisory has been issued on any one of the previous two | ||
calendar days. | ||
(b) The commission by rule shall require an operator of a | ||
gas well to implement measures to prepare the well to operate during | ||
an extreme weather emergency. | ||
SECTION 3. Section 121.2015(a), Utilities Code, is amended | ||
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 an extreme weather emergency, as | ||
defined by Section 86.044, Natural Resources Code. | ||
SECTION 4. Subchapter A, Chapter 186, Utilities Code, is | ||
amended by adding Section 186.008 to read as follows: | ||
Sec. 186.008. WINTER WEATHER EMERGENCY PREPAREDNESS AND | ||
COORDINATION. (a) In this section: | ||
(1) "Coordinating agency" means the Public Utility | ||
Commission of Texas, the Railroad Commission of Texas, or the Texas | ||
Division of Emergency Management. | ||
(2) "Coordinated entity" means a power generation | ||
company as defined by Section 31.002, the independent organization, | ||
or an entity engaged in the transport, storage, or shipping of | ||
natural gas to or for a power generation company. | ||
(3) "Independent organization" means the independent | ||
organization certified under Section 39.151 for the ERCOT power | ||
region. | ||
(b) The Public Utility Commission of Texas and the Railroad | ||
Commission of Texas each by rule shall require each coordinated | ||
entity subject to the agency's jurisdiction to establish and submit | ||
to the respective agency a winter preparedness emergency operations | ||
plan. The rules must require a winter preparedness emergency | ||
operations plan to include: | ||
(1) a plan for operating during extremely cold | ||
weather; | ||
(2) a plan that addresses any known critical failure | ||
points of the entity, including any effects of weather design | ||
limits; | ||
(3) a plan for operating during an emergency shortage | ||
of water or other critical supplies; | ||
(4) a plan for identifying potentially extreme weather | ||
events; | ||
(5) a plan for staffing during extreme weather events; | ||
(6) natural gas curtailment priorities and | ||
procedures, if applicable; | ||
(7) a description of priorities for recovery of | ||
operational capacity or restoration of service, as applicable; | ||
(8) identification of critical loads necessary to | ||
maintain production of electricity or natural gas; | ||
(9) a communications plan that describes the | ||
procedures and threshold conditions for initiation of | ||
communication about a potential extreme weather event with the | ||
coordinating agencies, other coordinated entities, the public, the | ||
media, and customers; and | ||
(10) an affidavit from an owner, partner, officer, | ||
manager, or other official with responsibility for the entity's | ||
operations affirming that all relevant operating personnel of the | ||
entity are familiar with the contents of the emergency operations | ||
plan and that the personnel will follow the plan, except to the | ||
extent deviations are appropriate under the circumstances during an | ||
emergency. | ||
(c) An emergency operations plan may be combined or | ||
coordinated with other preparedness reporting requirements, | ||
including requirements regarding other weather scenarios, natural | ||
disasters, cybersecurity events, physical security events, and | ||
pandemics. A coordinating agency may authorize a coordinated | ||
entity to submit for the purposes of this section a plan required to | ||
be submitted to the agency under another provision of law if the | ||
plan includes the information required by this section to be | ||
included in an emergency operations plan. | ||
(d) The coordinating agencies shall analyze jointly | ||
emergency operations plans developed by coordinated entities in | ||
each even-numbered year and prepare a weather emergency | ||
preparedness report on power generation and natural gas | ||
weatherization preparedness in this state. In preparing the | ||
report, the coordinating agencies shall: | ||
(1) review the emergency operations plans on file with | ||
each of the coordinating agencies; | ||
(2) analyze and determine the ability of the electric | ||
grid and natural gas system to withstand extreme weather events in | ||
the upcoming biennium; | ||
(3) consider the anticipated weather patterns for the | ||
upcoming biennium; and | ||
(4) make recommendations on improving emergency | ||
operations plans and procedures to ensure the continuity of | ||
electric and natural gas service, including identifying and | ||
defining potentially appropriate weatherization and emergency | ||
operations standards, that may: | ||
(A) differentiate between existing and new | ||
facilities; and | ||
(B) consider geography, suitable alternatives, | ||
cost-effectiveness, and other practical constraints. | ||
(e) A coordinating agency may require a coordinated entity | ||
subject to the agency's jurisdiction and this section to file an | ||
updated emergency operations plan if the coordinating agency finds | ||
that an emergency operations plan on file does not contain | ||
sufficient information to determine whether the coordinated entity | ||
can provide adequate services. | ||
(f) Each coordinating agency may adopt rules relating to the | ||
implementation of the report described by Subsection (d). | ||
(g) The coordinating agencies shall submit the report | ||
described by Subsection (d) to the lieutenant governor, the speaker | ||
of the house of representatives, and the members of the legislature | ||
not later than September 30 of each even-numbered year. The | ||
coordinating agencies may combine a report required by this section | ||
with a report required to be produced by a coordinating agency by | ||
another provision of law when making the submission required by | ||
this subsection. | ||
(h) An emergency operations plan submitted to a state agency | ||
under this section is confidential under Chapters 418 and 552, | ||
Government Code, and any other applicable law, and is not subject to | ||
disclosure under Chapter 552, Government Code. If portions of a | ||
plan are directly referenced in the report described by Subsection | ||
(d), the information must be in a redacted form for public | ||
inspection with the confidential portions removed. A coordinated | ||
entity in the ERCOT power region shall provide the entity's entire | ||
plan to the independent organization. The independent organization | ||
shall maintain the confidentiality of the plan. | ||
(i) The Public Utility Commission of Texas and the Railroad | ||
Commission of Texas each shall notify coordinated entities under | ||
their respective jurisdictions of any potential deficiencies in | ||
entity emergency operations plans and describe any applicable | ||
winter weatherization and emergency operations standards | ||
recommended by the coordinating agencies. Not later than the 30th | ||
day after the date a coordinated entity receives notice under this | ||
subsection, the entity in writing shall acknowledge to the Public | ||
Utility Commission of Texas or the Railroad Commission of Texas, as | ||
applicable, that the entity received the notice. | ||
(j) The Public Utility Commission of Texas or the Railroad | ||
Commission of Texas, after notice and opportunity for hearing, may | ||
impose an administrative penalty on a coordinated entity subject to | ||
the agency's jurisdiction for failure to submit an emergency | ||
operations plan or respond to a notice of potential deficiency by | ||
the required time. | ||
SECTION 5. The Railroad Commission of Texas shall adopt | ||
rules as required by Section 86.044, Natural Resources Code, as | ||
added by this Act, and Section 121.2015(a), Utilities Code, as | ||
amended by this Act, not later than November 1, 2021. | ||
SECTION 6. Not later than January 1, 2022, the Public | ||
Utility Commission of Texas and the Railroad Commission of Texas | ||
shall adopt the rules required by Section 186.008, Utilities Code, | ||
as added by this Act. | ||
SECTION 7. The Railroad Commission of Texas is required to | ||
implement this Act only if the legislature appropriates money | ||
specifically for that purpose. If the legislature does not | ||
appropriate money specifically for that purpose, the Railroad | ||
Commission of Texas may, but is not required to, implement this Act | ||
using other appropriations available for the purpose. | ||
SECTION 8. This Act takes effect September 1, 2021. | ||
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