Bill Text: TX SB845 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the establishment and enforcement of weatherization standards by the Public Utilities Commission for electric utilities, transmission and distribution utilities, electric cooperatives, municipally owned utilities, and generation providers; establishing an administrative penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-11 - Referred to Business & Commerce [SB845 Detail]
Download: Texas-2021-SB845-Introduced.html
| By: Zaffirini | S.B. No. 845 | |
|
|
||
|
|
||
| relating to the establishment and enforcement of weatherization | ||
| standards by the Public Utilities Commission for electric | ||
| utilities, transmission and distribution utilities, electric | ||
| cooperatives, municipally owned utilities, and generation | ||
| providers; establishing an administrative penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 38.005, Utilities Code, is amended by | ||
| adding subsection (g) to read as follows: | ||
| (g) The commission shall adopt minimum weatherization | ||
| standards for electric utilities, transmission and distribution | ||
| utilities, electric cooperatives, municipally owned utilities, and | ||
| generation providers that ensure services remain reasonably | ||
| reliable in extreme weather conditions. To ensure compliance with | ||
| this subsection, the commission shall: | ||
| (1) Develop rules requiring each electric utility, | ||
| transmission and distribution utility, electric cooperative, | ||
| municipally owned utility, and generation provider to file annual | ||
| reports regarding weatherization measures it implemented pursuant | ||
| to the standards established pursuant to this subsection; and | ||
| (2) Conduct periodic in-person inspections to verify | ||
| electric utilities, transmission and distribution utilities, | ||
| electric cooperatives, municipally owned utilities, and generation | ||
| providers have implemented minimum weatherization standards. | ||
| SECTION 2. Chapter 15, Utilities Code, is amended to add a | ||
| Section 15.023A to read as follows: | ||
| Sec. 15.023A. ADMINISTRATIVE PENALTIES FOR FAILURE TO | ||
| COMPLY WITH WEATHERIZATION STANDARDS. (a) Notwithstanding Section | ||
| 15.023 of this chapter, the commission shall impose administrative | ||
| penalties for a violation of Section 38.005(g), Utilities Code, as | ||
| follows: | ||
| (1) 30 days after a violator is notified that a | ||
| violation has been identified, the commission shall impose of a | ||
| penalty of not less than $25,000, unless: | ||
| (A) the violator has requested a second | ||
| inspection by the commission during which they demonstrate the | ||
| violation was remedied; or | ||
| (B) the violator has submitted a plan regarding | ||
| how the violation will be cured, including a date by which the | ||
| corrective measures will be complete, that is approved by the | ||
| commission. Violators shall be permitted to apply for additional | ||
| time to complete the project if they can demonstrate due cause for a | ||
| delay. Failure to cure the violation by the date set forth in the | ||
| commission approved plan shall result in the imposition of all back | ||
| penalties that would have accrued from the date the violation was | ||
| identified. | ||
| (2) 31 days after a violator is notified that a | ||
| violation has been identified, the commission shall impose a | ||
| minimum administrative penalty of not less than $2,500 for each day | ||
| it continues. | ||
| (3) 91 days after a violator is notified that a | ||
| violation has been identified, the commission shall impose a | ||
| minimum administrative penalty of not less than $5,000, but not to | ||
| exceed $25,000, per day for each day it continues. | ||
| (b) The imposition of administrative penalties for a | ||
| violation of 38.005(g), Utilities Code, will cease upon the | ||
| completion of a second inspection conducted by the commission | ||
| during which they find the violation was remedied. Any penalties | ||
| assessed between the date a successful follow-up inspection is | ||
| requested and when it is completed shall be waived. | ||
| (c) The cost of any subsequent inspections required to | ||
| demonstrate a violation is cured shall be paid by the violator. | ||
| (d) Administrative penalties collected pursuant to this | ||
| section shall be used to finance periodic weatherization | ||
| inspections conducted by the commission. | ||
| SECTION 3. The commission shall adopt rules regarding | ||
| weatherization standards within six months of the effective date of | ||
| this Act. | ||
| SECTION 4. Electric utilities, transmission and | ||
| distribution utilities, electric cooperatives, municipally owned | ||
| utilities, and generation providers shall have 18 months from the | ||
| date the commission adopts weatherization standards to come into | ||
| compliance with them. | ||
| SECTION 5. This Act takes effect September 1, 2021. | ||
