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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirement that certain retail water and sewer |
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utility services maintain auxiliary generators for use during an |
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extended power outage. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 13, Water Code, is amended |
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by adding Section 13.1395 to read as follows: |
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Sec. 13.1395. AUXILIARY EMERGENCY GENERATORS. (a) This |
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section applies only to a retail public utility required to possess |
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a certificate of convenience and necessity, and a district or |
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affected county, that provide retail water or sewer utility service |
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to more than 1,000 customers in a county that is assigned a risk |
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designation of "high" or "very high" under Subsection (b). |
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(b) The commission by rule shall assign each county in this |
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state a level of risk of "low," "moderate," "high," or "very high" |
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according to that county's likelihood of experiencing a major |
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disaster, based on historical information regarding the number of |
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federal disaster declarations that have been declared for the |
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county. |
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(c) A retail public utility, district, or affected county to |
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which this section applies shall incorporate and maintain on-site |
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automatically starting auxiliary generators capable of ensuring |
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the operation of the utility's water and sewer systems in a county |
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that is assigned a risk designation of "high" or "very high" under |
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Subsection (b) during an extended power outage caused by a major |
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disaster. |
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(d) The commission by rule shall establish the minimum |
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operating standards for auxiliary generators required by |
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Subsection (c), which must include the minimum length of time and |
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minimum operating capacity auxiliary generators must maintain |
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during an extended power outage. |
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SECTION 2. Not later than December 1, 2009, the Texas |
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Commission on Environmental Quality by rule shall adopt standards |
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as required by Section 13.1395, Water Code, as added by this Act. |
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SECTION 3. A retail public utility, district, or affected |
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county required to incorporate and maintain an auxiliary generator |
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under Section 13.1395, Water Code, as added by this Act, shall |
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comply with Texas Commission on Environmental Quality rules adopted |
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under that section not later than January 31, 2010. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |