By: Anchia H.B. No. 4562

A BILL TO BE ENTITLED

AN ACT

relating to the extreme weather emergency preparedness of facilities providing gas or fuel to be used in the production of an electric service; requiring reporting.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter C, Chapter 81, Natural Resources Code, is amended by adding Section 81.073 to read as follows:

Sec. 81.073. 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 16 days.

(b) The commission by rule shall require each provider of gas supply for generation in the ERCOT power region to:

(1) implement measures to prepare generation facilities, including weatherization protocols and standards, to provide adequate supply during an extreme weather emergency;

(2) make all reasonable efforts to prevent interruptions of gas supply during an extreme weather emergency;

(3) reestablish supply within the shortest possible time, should an interruption occur due to an extreme weather emergency; and

(4) make reasonable efforts to manage emergencies resulting from a failure of service caused by an extreme weather emergency, including issuing instructions to its employees on procedures to be followed in the event of an extreme weather emergency.

(c) The rules adopted under Subsection (b) may not neglect any local neighborhood or geographic area, including rural areas, communities of less than 1000 people, and low-income areas.

SECTION 2. Subchapter C, Chapter 81, Natural Resources Code, is amended by adding Section 81.074 to read as follows:

Sec. 81.074. REPORTING INCIDENTS. (a) In this section, "extreme weather emergency" has the meaning assigned by Section 81.073, Natural Resources Code.

(b) The commission by rule shall require each provider of gas producers providing supply intended for generation in the ERCOT power region to:

(1) Register with the Transmission Distribution Utility serving the power for the location of the gas wellhead, equipment or facility, as critical infrastructure.

(2) Contact the Transmission Distribution Utility providing the power to the gas wellhead, equipment or facility within 4 hours after power is lost during an extreme weather emergency.

(3) Report outages of power to gas wellheads, equipment or a facility providing gas for supply of electric generation in the ERCOT region within 4 hours of notification or knowledge of power loss and during an extreme weather emergency;

(c) The commission shall require incident reports for power outages that result in a loss of gas supply intended for electric generation in the ERCOT market.

(d) The commission shall develop an electronic process of filing all incident reports.

(e) The commission shall provide immediate and free access to the reporting of incidents. This shall be provided on the commission website for viewing as reports are made.

(f) The commission shall develop the electronic reporting system and provide the website access by November 1, 2021. The information included shall begin with incident reports filed with the commission beginning January 1, 2021.

SECTION 3. The Railroad Commission of Texas shall adopt rules as required by Sections 81.073 and 81.074, Natural Resources Code, as added by this Act, not later than November 1, 2020.

SECTION 4. 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.