81R1557 TRH-D
 
  By: Nichols S.B. No. 221
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the requirement that retail water and utility services
  maintain auxiliary generators for use during an extended power
  outage.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 13.139, Water Code, is amended by adding
  Subsections (e) and (f) to read as follows:
         (e)  A retail public utility required to possess a
  certificate of public convenience and necessity and a district or
  affected county that furnishes retail water or sewer utility
  service shall incorporate and maintain on-site automatically
  starting auxiliary generators capable of ensuring the operation of
  the utility's water and sewer systems during an extended power
  outage.
         (f)  The commission by rule shall establish the minimum
  operating standards for auxiliary generators required by
  Subsection (e). The standards must include the minimum length of
  time and minimum operating capacity auxiliary generators must
  maintain during an extended power outage.
         SECTION 2.  Not later than December 1, 2009, the Texas
  Commission on Environmental Quality shall adopt standards as
  required by Sections 13.139(e) and (f), Water Code, as added by this
  Act.
         SECTION 3.  A retail public utility, district, or affected
  county required to incorporate and maintain an auxiliary generator
  under Sections 13.139(e) and (f), Water Code, as added by this Act,
  shall comply with Texas Commission on Environmental Quality rules
  adopted under those sections not later than January 31, 2010.
         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, 2009.