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A BILL TO BE ENTITLED
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AN ACT
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relating to electricity supply chain risk mitigation planning. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 86.044(d) and (e), Natural Resources |
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Code, as added by S.B. No. 3, Acts of the 87th Legislature, Regular |
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Session, 2021, are amended to read as follows: |
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(d) The commission by rule shall require an operator of a |
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gas supply chain facility to provide to the commission: |
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(1) a summary report of a criticality analysis of the |
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facility; |
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(2) a plan to mitigate risk factors identified in the |
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criticality analysis; and |
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(3) proof that the operator has implemented the plan |
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described by Subdivision (2) over a reasonable period, in a form |
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satisfactory to the commission, which may be in the form of |
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inspections or documents[: |
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[(1) inspect gas supply chain facilities for |
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compliance with rules adopted under Subsection (c); |
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[(2) provide the owner of a facility described by |
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Subdivision (1) with a reasonable period of time in which to remedy |
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any violation the commission discovers in an inspection; and |
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[(3) report to the attorney general any violation that |
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is not remedied in a reasonable period of time]. |
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(e) The commission shall report to the attorney general any |
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violation of a rule adopted under Subsection (c) that is not |
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remedied in a reasonable period of time [prioritize inspections |
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conducted under Subsection (d)(1) based on risk level, as |
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determined by the commission]. |
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SECTION 2. Section 35.0021(c), Utilities Code, as added by |
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S.B. No. 3, Acts of the 87th Legislature, Regular Session, 2021, is |
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amended to read as follows: |
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(c) The commission by rule shall require a provider of |
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electric generation service described by Subsection (a) to provide |
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to the commission: |
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(1) a summary report of a criticality analysis of the |
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provider's generation assets; |
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(2) a plan to mitigate risk factors identified in the |
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criticality analysis; and |
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(3) proof that the provider has implemented the plan |
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described by Subdivision (2) over a reasonable period, in a form |
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satisfactory to the commission, which may be in the form of |
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inspections or documents [independent organization certified under |
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Section 39.151 for the ERCOT power region shall: |
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[(1) inspect generation assets in the ERCOT power |
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region for compliance with the reliability standards; |
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[(2) provide the owner of a generation asset with a |
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reasonable period of time in which to remedy any violation the |
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independent organization discovers in an inspection; and |
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[(3) report to the commission any violation]. |
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SECTION 3. Section 38.075(b), Utilities Code, as added by |
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S.B. No. 3, Acts of the 87th Legislature, Regular Session, 2021, is |
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amended to read as follows: |
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(b) The commission by rule shall require each electric |
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cooperative, municipally owned utility, and transmission and |
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distribution utility providing transmission service in the ERCOT |
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power region to provide to the commission: |
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(1) a summary report of a criticality analysis of the |
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cooperative's or utility's facilities; |
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(2) a plan to mitigate risk factors identified in the |
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criticality analysis; and |
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(3) proof that the cooperative or utility has |
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implemented the plan described by Subdivision (2) over a reasonable |
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period, in a form satisfactory to the commission, which may be in |
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the form of inspections or documents [independent organization |
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certified under Section 39.151 for the ERCOT power region shall: |
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[(1) inspect the facilities of each electric |
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cooperative, municipally owned utility, and transmission and |
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distribution utility providing transmission service in the ERCOT |
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power region for compliance with the reliability standards; |
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[(2) provide the owner of a facility described by |
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Subdivision (1) with a reasonable period of time in which to remedy |
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any violation the independent organization discovers in an |
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inspection; and |
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[(3) report to the commission any violation that is |
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not remedied in a reasonable period of time]. |
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SECTION 4. Sections 121.2015(c-1) and (c-2), Utilities |
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Code, as added by S.B. No. 3, Acts of the 87th Legislature, Regular |
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Session, 2021, are amended to read as follows: |
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(c-1) The railroad commission by rule shall require an |
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operator of a gas pipeline facility described by Subsection (a)(3) |
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to provide to the railroad commission: |
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(1) a summary report of a criticality analysis of the |
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facility; |
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(2) a plan to mitigate risk factors identified in the |
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criticality analysis; and |
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(3) proof that the operator has implemented the plan |
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described by Subdivision (2) over a reasonable period, in a form |
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satisfactory to the commission, which may be in the form of |
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inspections or documents [: |
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[(1) inspect gas pipeline facilities described by |
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Subsection (a)(3) for compliance with rules adopted under |
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Subsection (a)(3); |
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[(2) provide the owner of a facility described by |
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Subsection (a)(3) with a reasonable period of time in which to |
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remedy any violation the railroad commission discovers in an |
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inspection; and |
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[(3) report to the attorney general any violation that |
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is not remedied in a reasonable period of time]. |
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(c-2) The railroad commission shall report to the attorney |
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general any violation of a rule adopted under Subsection (a)(3) |
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that is not remedied in a reasonable period of time [prioritize |
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inspections conducted under Subsection (c-1)(1) based on risk |
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level, as determined by the railroad commission]. |
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SECTION 5. Sections 35.0021(c-1) and 38.075(c), Utilities |
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Code, as added by S.B. No. 3, Acts of the 87th Legislature, Regular |
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Session, 2021, are repealed. |
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SECTION 6. This Act takes effect on the 91st day after the |
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last day of the legislative session. |