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AN ACT
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relating to the requirement that certain water service providers |
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ensure emergency operations during an 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 Sections 13.1395 and 13.1396 to read as follows: |
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Sec. 13.1395. STANDARDS OF EMERGENCY OPERATIONS. (a) In |
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this section: |
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(1) "Affected utility" means a retail public utility, |
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exempt utility, or provider or conveyor of potable or raw water |
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service that furnishes water service to more than one customer: |
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(A) in a county with a population of 3.3 million |
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or more; or |
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(B) in a county with a population of 400,000 or |
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more adjacent to a county with a population of 3.3 million or more. |
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(2) "Emergency operations" means the operation of a |
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water system during an extended power outage at a minimum water |
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pressure of 35 pounds per square inch. |
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(3) "Extended power outage" means a power outage |
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lasting for more than 24 hours. |
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(b) An affected utility shall: |
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(1) ensure the emergency operation of its water system |
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during an extended power outage as soon as safe and practicable |
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following the occurrence of a natural disaster; and |
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(2) adopt and submit to the commission for its |
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approval an emergency preparedness plan that demonstrates the |
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utility's ability to provide emergency operations. |
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(c) The commission shall review an emergency preparedness |
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plan submitted under Subsection (b). If the commission determines |
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that the plan is not acceptable, the commission shall recommend |
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changes to the plan. The commission must make its recommendations |
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on or before the 90th day after the commission receives the plan. |
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In accordance with commission rules, an emergency preparedness plan |
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shall provide for one of the following: |
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(1) the maintenance of automatically starting |
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auxiliary generators; |
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(2) the sharing of auxiliary generator capacity with |
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one or more affected utilities; |
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(3) the negotiation of leasing and contracting |
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agreements, including emergency mutual aid agreements with other |
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retail public utilities, exempt utilities, or providers or |
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conveyors of potable or raw water service, if the agreements |
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provide for coordination with the division of emergency management |
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in the governor's office; |
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(4) the use of portable generators capable of serving |
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multiple facilities equipped with quick-connect systems; |
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(5) the use of on-site electrical generation or |
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distributed generation facilities; |
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(6) hardening the electric transmission and |
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distribution system serving the water system; |
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(7) for existing facilities, the maintenance of direct |
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engine or right angle drives; or |
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(8) any other alternative determined by the commission |
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to be acceptable. |
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(d) Each affected utility that supplies, provides, or |
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conveys surface water shall include in its emergency preparedness |
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plan under Subsection (b) provisions for the actual installation |
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and maintenance of automatically starting auxiliary generators or |
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distributive generation facilities for each raw water intake pump |
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station, water treatment plant, pump station, and pressure facility |
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necessary to provide water to its wholesale customers. |
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(e) The commission shall adopt rules to implement this |
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section as an alternative to any rule requiring elevated storage. |
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(f) The commission shall provide an affected utility with |
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access to the commission's financial, managerial, and technical |
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contractors to assist the utility in complying with the applicable |
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emergency preparedness plan submission deadline. |
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(g) The commission by rule shall create an emergency |
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preparedness plan template for use by an affected utility when |
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submitting a plan under this section. The emergency preparedness |
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plan template shall contain: |
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(1) a list and explanation of the preparations an |
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affected utility may make under Subsection (c) for the commission |
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to approve the utility's emergency preparedness plan; and |
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(2) a list of all commission rules and standards |
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pertaining to emergency preparedness plans. |
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(h) An emergency generator used as part of an approved |
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emergency preparedness plan under Subsection (c) must be operated |
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and maintained according to the manufacturer's specifications. |
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(i) The commission shall inspect each utility to ensure that |
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the utility complies with the approved plan. |
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(j) The commission may grant a waiver of the requirements of |
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this section to an affected utility if the commission determines |
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that compliance with this section will cause a significant |
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financial burden on customers of the affected utility. |
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(k) An affected utility may adopt and enforce limitations on |
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water use while the utility is providing emergency operations. |
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(l) Except as specifically required by this section, |
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information provided by an affected utility under this section is |
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confidential and is not subject to disclosure under Chapter 552, |
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Government Code. |
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Sec. 13.1396. COORDINATION OF EMERGENCY OPERATIONS. |
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(a) In this section: |
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(1) "Affected utility" has the meaning assigned by |
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Section 13.1395. |
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(2) "County judge" means a county judge or the person |
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designated by a county judge. |
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(3) "Electric utility" means the electric |
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transmission and distribution utility providing electric service |
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to the water and wastewater facilities of an affected utility. |
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(4) "Retail electric provider" has the meaning |
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assigned by Section 31.002, Utilities Code. |
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(b) An affected utility shall submit to the county judge, |
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the office of emergency management of each county in which the |
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utility has more than one customer, the Public Utility Commission |
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of Texas, and the office of emergency management of the governor, a |
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copy of: |
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(1) the affected utility's emergency preparedness plan |
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approved under Section 13.1395; and |
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(2) the commission's notification to the affected |
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utility that the plan is accepted. |
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(c) Each affected utility shall submit to the county judge |
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and the office of emergency management of each county in which the |
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utility has water and wastewater facilities that qualify for |
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critical load status under rules adopted by the Public Utility |
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Commission of Texas, and to the Public Utility Commission of Texas |
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and the division of emergency management of the governor: |
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(1) information identifying the location and |
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providing a general description of all water and wastewater |
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facilities that qualify for critical load status; and |
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(2) emergency contact information for the affected |
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utility, including: |
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(A) the person who will serve as a point of |
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contact and the person's telephone number; |
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(B) the person who will serve as an alternative |
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point of contact and the person's telephone number; and |
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(C) the affected utility's mailing address. |
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(d) An affected utility shall immediately update the |
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information provided under Subsection (c) as changes to the |
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information occur. |
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(e) Not later than February 1 of each year, the county judge |
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of each county that receives the information required by |
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Subsections (c) and (d) shall: |
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(1) submit the information for each affected utility |
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to each retail electric provider that sells electric power to an |
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affected utility and each electric utility that provides |
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transmission and distribution service to an affected utility; and |
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(2) in cooperation with the affected utility, submit |
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for each affected utility any forms reasonably required by an |
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electric utility or retail electric provider for determining |
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critical load status, including a critical care eligibility |
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determination form or similar form. |
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(f) Not later than May 1 of each year, each electric utility |
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and each retail electric provider shall determine whether the |
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facilities of the affected utility qualify for critical load status |
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under rules adopted by the Public Utility Commission of Texas. |
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(g) If an electric utility determines that an affected |
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utility's facilities do not qualify for critical load status, the |
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electric utility and the retail electric provider, not later than |
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the 30th day after the date the electric utility or retail electric |
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provider receives the information required by Subsections (c) and |
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(d), shall provide a detailed explanation of the electric utility's |
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determination to each county judge that submitted the information. |
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SECTION 2. (a) Not later than December 1, 2009, the Texas |
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Commission on Environmental Quality shall adopt standards as |
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required by Section 13.1395, Water Code, as added by this Act. As |
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part of the rulemaking process, the commission shall conduct at |
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least two public hearings in Harris County. The commission shall |
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issue a report to the governor, lieutenant governor, and speaker of |
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the house of representatives if the commission is unable to adopt |
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the standards by the time provided by this subsection. |
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(b) Not later than November 1, 2009, each affected utility |
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shall submit the information required by Section 13.1396, Water |
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Code, as added by this Act, to: |
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(1) each appropriate county judge and office of |
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emergency management; |
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(2) the Public Utility Commission of Texas; and |
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(3) the office of emergency management of the |
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governor. |
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(c) Not later than March 1, 2010, each affected utility |
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shall submit to the Texas Commission on Environmental Quality the |
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emergency preparedness plan required by Section 13.1395, Water |
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Code, as added by this Act. |
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(d) Not later than July 1, 2010, each affected utility shall |
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implement the emergency preparedness plan approved by the Texas |
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Commission on Environmental Quality under Section 13.1395, Water |
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Code, as added by this Act. |
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(e) An affected utility may file with the Texas Commission |
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on Environmental Quality a written request for an extension, not to |
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exceed 90 days, of the date by which the affected utility is |
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required under Subsection (c) of this section to submit the |
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affected utility's emergency preparedness plan or of the date by |
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which the affected utility is required under Subsection (d) of this |
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section to implement the affected utility's emergency preparedness |
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plan. The Texas Commission on Environmental Quality shall approve |
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the requested extension for good cause shown. |
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SECTION 3. 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. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 361 passed the Senate on April |
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8, 2009, by the following vote: Yeas 30, Nays 1; and that the |
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Senate concurred in House amendments on May 30, 2009, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 361 passed the House, with |
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amendments, on May 26, 2009, by the following vote: Yeas 146, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |