Bill Text: TX SB817 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: Relating to the winterization and emergency preparedness for electric utilities, power generation companies, municipally owned utilities, and electric cooperatives.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2021-04-19 - Co-author authorized [SB817 Detail]

Download: Texas-2021-SB817-Introduced.html

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By: Gutierrez S.B. No. 817

A BILL TO BE ENTITLED
AN ACT
relating to the winterization and emergency preparedness for
electric utilities, power generation companies, municipally owned
utilities, and electric cooperatives.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 4, Utilities Code, is amended
by adding section 186.001A to read as follows:
Sec. 186.001A. LEGISLATIVE FINDINGS AND INTENT. The
legislature finds that the state has failed to protect Texas
families in its regulation and management of the electric grid.
This failure has caused mass suffering, death, and exploitative
energy pricing during a catastrophic emergency. The legislature
further finds that the extreme weather events of February 2021 were
foreseeable and will occur with greater frequency in the future. It
is the intent of the legislature to prevent the collapse of the
electric grid caused by extreme weather events and the exploitation
of energy consumers during a statewide emergency.
SECTION 2. Subtitle B, Title 4, Utilities Code, is amended
by adding section 186.008 to read as follows
Sec. 186.008. WEATHER EMERGENCY PREPAREDNESS. (a) In this
section, "commission" means the Public Utility Commission of Texas.
(a-1) The commission shall require electric utilities as
defined by Section 31.002, power generation companies, municipally
owned utilities, and electric cooperatives that operate generation
facilities in this state to:
(1) prepare for extreme weather events to ensure
reliable operation, meaning operating the elements of the power
system within equipment and electric system thermal, voltage and
stability limits, so that instability, uncontrolled separation or
cascading will not occur as a result of a sudden disturbance,
including a cybersecurity incident or unanticipated failure of
system elements;
(2) obtain or perform a comprehensive engineering
analysis to identify potential freezing problems or other cold
weather operational issues. The analysis should identify:
(i) the lowest ambient temperatures at which the
unit can reliably operate; and
(ii) components or systems that have the
potential to initiate an automatic unit trip, prevent successful
unit start-up, initiate automatic unit runback schemes or cause
partial outages, adversely affect environmental controls that
could cause full or partial outages, adversely affect the delivery
of fuel to the units, or cause other operational problems such as
slowed valve or damper operation;
(3) ensure that its heat tracing, insulation, lagging
and wind breaks are designed to maintain water temperature (in
those lines with standing water) at or above 40 degrees when ambient
temperature, taking into account the accelerated heat loss due to
wind, falls below freezing;
(4) determine the duration that a power system can
maintain water, air, or fluid systems above freezing when offline,
and have contingency plans for periods of freezing temperatures
exceeding this duration;
(5) establish policies that make winter preparation a
priority each fall, establish personnel accountability and audit
procedures, and reinforce the policies annually;
(6) develop a winter preventive maintenance program for
its freeze protection elements, which should specify inspection and
testing intervals both before and during the winter. At the end of
winter, an additional round of inspections and testing should be
performed and an evaluation made of freeze protection performance,
in order to identify potential improvements, required maintenance,
and freeze protection component replacement for the following
winter season;
(7) prioritize repairs identified by the inspection and
testing the proper functioning of freeze protection systems will be
completed before the following winter;
(8) perform an assessment for each generating unit to
determine the proper placement of temporary or permanent wind
breaks or enclosures to protect and prevent freezing of critical
and vulnerable elements during extreme weather, including in
enclosed or semi-enclosed spaces. Temporary wind breaks should be
designed to withstand high winds, and should be fabricated and
installed before extreme weather begins;
(9) install thermometers in rooms containing equipment
sensitive to cold and in freeze protection enclosures to ensure
that temperature is being maintained above freezing and to
determine the need for additional heaters or other freeze
protection; and
(10) fulfill any other standard adopted by the
commission by rule concerning extreme weather preparedness.
(b) Before each winter begins and before a forecast freezing
weather, electric utilities as defined by Section 31.002, power
generation companies, municipally owned utilities, and electric
cooperatives that operate generation facilities in this state shall
inspect, test, or maintain:
(1) the power supply to all heat trace circuits,
including all breakers and fuses;
(2) the continuity of all heat trace circuits, check
the integrity of all connections in the heat trace circuits, and
ensure that all insulation on heat traces is intact. This
inspection should include checking for loose connections, broken
wires, corrosion, and other damage to the integrity of electrical
insulation which could cause grounds;
(3) all heat trace controls or monitoring devices for
proper operation, including but not limited to thermostats, local
and remote alarms, lights, and monitoring cabinet heaters;
(4) the amperage and voltage for its heat tracing
circuits and calculate whether the circuits are producing the
output specified in the design criteria, and maintain or repair the
circuits as needed;
(5) all accessible thermal insulation and verify that
there are no cuts, tears, or holes in the insulation, or evidence of
degradation; and
(6) the valves and connections are insulated to the
same temperature specifications as the piping connected to it.
(c) Electric utilities as defined by Section 31.002, power
generation companies, municipally owned utilities, and electric
cooperatives that operate generation facilities in this state shall
train their personnel annually to increase awareness of the
capabilities and limitations of the freeze protection monitoring
system, proper methods to check insulation integrity and the
reliability and output of heat tracing, and prioritization of
repair orders when problems are discovered.
(d) During an extreme weather event that endangers reliable
operation of the power system, electric utilities as defined by
Section 31.002, power generation companies, municipally owned
utilities, and electric cooperatives that operate generation
facilities in this state shall:
(1) schedule additional personnel for around-the-clock
coverage of the power system; and
(2) drain any non-critical service water lines in
anticipation of severe cold weather.
(e) A violation of this subchapter that interrupts the
delivery of water, electric, or gas utility service in this state is
punishable by a fine not to exceed $100,000 for each day the system
remains in violation.
(f) The commission shall exercise all power available under
the constitution and laws of this state to protect the public from
dangers incident to an interruption in water, electric, or gas
utility service in this state that occurs because of a violation of
this subchapter.
(g) The commission shall adopt rules necessary to implement
this section.
SECTION 3. 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 September 1, 2021.