81R2379 TRH-D

By: Patrick, Dan S.B. No. 361

A BILL TO BE ENTITLED

AN ACT

relating to the requirement that water and sewer service providers ensure operations 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) through (m) to read as follows:

(e) A retail public utility, exempt utility, or provider of wholesale sewer service or potable water service that furnishes water or sewer service to more than one customer shall:

(1) ensure the operation of its water and sewer systems during an extended power outage; and

(2) adopt and submit to the commission for its approval an emergency preparedness plan that demonstrates the entity's ability to continue to provide water and sewer services during an extended power outage.

(f) The commission shall review and approve or disapprove an emergency preparedness plan submitted under Subsection (e) and issue a notification of approval or a notification of the reasons for disapproval of the plan. An emergency preparedness plan may provide for:

(1) the maintenance of automatically starting auxiliary generators for that purpose;

(2) the sharing of auxiliary generator capacity with one or more retail public utilities, exempt utilities, or providers of wholesale sewer service or potable water service in accordance with commission rules that prescribe the circumstances under which that capacity may be shared;

(3) the negotiation of leasing and contracting agreements that ensure each entity's ability to meet minimum commission standards regarding water pressure and sewer service;

(4) the use of portable generators capable of serving multiple facilities equipped with quick-connect systems; or

(5) the use of lift station direct bypass systems.

(g) Each retail public utility, exempt utility, or provider of wholesale sewer service or potable water service required to submit an emergency preparedness plan under this section shall submit its plan to the commission by a date determined according to the following scheduled phases:

(1) for phase 1, an entity located less than 75 miles from the coast shall submit an emergency preparedness plan before September 1, 2011;

(2) for phase 2, an entity located at least 75 and less than 150 miles from the coast shall submit an emergency preparedness plan before September 1, 2013;

(3) for phase 3, an entity located at least 150 and less than 250 miles from the coast shall submit an emergency preparedness plan before March 1, 2015;

(4) for phase 4, an entity located at least 250 and less than 350 miles from the coast shall submit an emergency preparedness plan before September 1, 2016; and

(5) for phase 5, an entity located 350 or more miles from the coast shall submit an emergency preparedness plan before March 1, 2019.

(h) At the beginning of each phase specified by Subsection (g), the commission shall, for a period to be determined by the commission, provide an affected retail public utility, exempt utility, or provider of wholesale sewer service or potable water service with access to the commission's financial, managerial, and technical contractors to assist the entity in complying with the applicable emergency preparedness plan submission deadline. If the commission determines that an entity is capable of submitting an emergency preparedness plan at a time earlier than the entity's applicable phase deadline, the commission may require the entity to submit its emergency preparedness plan at an earlier date.

(i) The commission by rule shall create an emergency preparedness plan template for use by a retail public utility, exempt utility, or provider of wholesale sewer service or potable water service when submitting a plan under this section. The emergency preparedness plan template shall contain:

(1) a list and explanation of the preparations an entity may make under Subsection (f) for the commission to approve the entity's emergency preparedness plan; and

(2) a list of all commission rules and standards pertaining to emergency preparedness plans.

(j) An emergency generator used as part of an approved emergency preparedness plan under Subsection (f) must:

(1) comply with a design submitted and sealed by a registered professional engineer and approved by the commission; and

(2) be operated for at least six hours every three months for maintenance purposes.

(k) A retail public utility, exempt utility, or provider of wholesale sewer service or potable water service shall implement its emergency preparedness plan as approved by the commission. The commission shall inspect each entity to ensure that the entity complies with the approved plan.

(l) A retail public utility, exempt utility, or provider of wholesale sewer service or potable water service shall submit to the county judge and the office of emergency management of each county in which the entity has more than one customer a copy of:

(1) the emergency preparedness plan approved under Subsection (f); and

(2) the commission's notification that the plan is approved.

(m) The commission may not grant a waiver of the requirements of Subsections (e) and (k) to any retail public utility, exempt utility, or provider of wholesale sewer service or potable water service that provides water or sewer service to more than one customer.

SECTION 2. Not later than December 1, 2009, the Texas Commission on Environmental Quality shall adopt standards as required by Sections 13.139(e) through (m), Water Code, as added by this Act.

SECTION 3. 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.