| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the requirement that certain water service providers |
|
|
ensure emergency operations during an extended power outage. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter E, Chapter 13, Water Code, is amended |
|
|
by adding Sections 13.1395 and 13.1396 to read as follows: |
|
|
Sec. 13.1395. STANDARDS OF EMERGENCY OPERATIONS. (a) In |
|
|
this section: |
|
|
(1) "Affected utility" means a retail public utility, |
|
|
exempt utility, or provider or conveyor of potable or raw water |
|
|
service that furnishes water service to more than one customer in a |
|
|
county with a population of 3.3 million or more. |
|
|
(2) "Emergency operations" means the operation of a |
|
|
water system during an extended power outage at a minimum water |
|
|
pressure of 35 pounds per square inch. |
|
|
(3) "Extended power outage" means a power outage |
|
|
lasting for more than 24 hours. |
|
|
(b) An affected utility shall: |
|
|
(1) ensure the emergency operation of its water system |
|
|
during an extended power outage as soon as safe and practicable |
|
|
following the occurrence of a natural disaster; and |
|
|
(2) adopt and submit to the commission for its |
|
|
approval an emergency preparedness plan that demonstrates the |
|
|
utility's ability to provide emergency operations. |
|
|
(c) The commission shall review and approve or disapprove an |
|
|
emergency preparedness plan submitted under Subsection (b) and |
|
|
issue a notification of approval or a notification of the reasons |
|
|
for disapproval of the plan. In accordance with commission rules, |
|
|
an emergency preparedness plan shall provide for: |
|
|
(1) the maintenance of automatically starting |
|
|
auxiliary generators; |
|
|
(2) the sharing of auxiliary generator capacity with |
|
|
one or more affected utilities; |
|
|
(3) the negotiation of leasing and contracting |
|
|
agreements, including emergency mutual aid agreements with other |
|
|
retail public utilities, exempt utilities, or providers or |
|
|
conveyors of potable or raw water service, if the agreements |
|
|
provide for coordination with the division of emergency management |
|
|
in the governor's office; |
|
|
(4) the use of portable generators capable of serving |
|
|
multiple facilities equipped with quick-connect systems; |
|
|
(5) the use of on-site electrical generation or |
|
|
distributed generation facilities; |
|
|
(6) hardening the electric transmission and |
|
|
distribution system serving the water system; or |
|
|
(7) for existing facilities, the maintenance of direct |
|
|
engine or right angle drives. |
|
|
(d) Not later than June 1, 2011, each affected utility that |
|
|
supplies, provides, or conveys surface water shall include in its |
|
|
emergency preparedness plan under Subsection (b) provisions for the |
|
|
actual installation and maintenance of automatically starting |
|
|
auxiliary generators or distributive generation facilities for |
|
|
each raw water intake pump station, water treatment plant, pump |
|
|
station, and pressure facility necessary to provide water to its |
|
|
wholesale customers. |
|
|
(e) Each affected utility required to submit an emergency |
|
|
preparedness plan under this section shall submit its plan to the |
|
|
commission not later than June 1, 2011. |
|
|
(f) Not later than March 1, 2010, the commission shall adopt |
|
|
rules to implement this section as an alternative to any rule |
|
|
requiring elevated storage. |
|
|
(g) The commission shall provide an affected utility with |
|
|
access to the commission's financial, managerial, and technical |
|
|
contractors to assist the utility in complying with the applicable |
|
|
emergency preparedness plan submission deadline. |
|
|
(h) The commission by rule shall create an emergency |
|
|
preparedness plan template for use by an affected utility when |
|
|
submitting a plan under this section. The emergency preparedness |
|
|
plan template shall contain: |
|
|
(1) a list and explanation of the preparations an |
|
|
affected utility may make under Subsection (c) for the commission |
|
|
to approve the utility's emergency preparedness plan; and |
|
|
(2) a list of all commission rules and standards |
|
|
pertaining to emergency preparedness plans. |
|
|
(i) An emergency generator used as part of an approved |
|
|
emergency preparedness plan under Subsection (c) must be |
|
|
operated and maintained according to the manufacturer's |
|
|
specifications. |
|
|
(j) An affected utility shall implement its emergency |
|
|
preparedness plan as approved by the commission not later than June |
|
|
1, 2011. The commission shall inspect each utility to ensure that |
|
|
the utility complies with the approved plan. |
|
|
(k) The commission may not grant a waiver of the |
|
|
requirements of this section to any affected utility. |
|
|
(l) An affected utility may adopt and enforce limitations on |
|
|
water use while the utility is providing emergency operations. |
|
|
(m) Except as specifically required by this section, |
|
|
information provided by an affected utility under this section is |
|
|
confidential and is not subject to disclosure under Chapter 552, |
|
|
Government Code. |
|
|
Sec. 13.1396. COORDINATION OF EMERGENCY OPERATIONS. (a) In |
|
|
this section: |
|
|
(1) "Affected utility" has the meaning assigned by |
|
|
Section 13.1395. |
|
|
(2) "County judge" means a county judge or the person |
|
|
designated by a county judge. |
|
|
(3) "Electric utility" means the electric |
|
|
transmission and distribution utility providing electric service |
|
|
to the water and wastewater facilities of an affected utility. |
|
|
(b) An affected utility shall submit to the county judge, |
|
|
the office of emergency management of each county in which the |
|
|
utility has more than one customer, the Public Utility Commission |
|
|
of Texas, and the office of emergency management of the governor, a |
|
|
copy of: |
|
|
(1) the affected utility's emergency preparedness plan |
|
|
approved under Section 13.1395; and |
|
|
(2) the commission's notification to the affected |
|
|
utility that the plan is approved. |
|
|
(c) Not later than December 31, 2009, the affected utility |
|
|
shall submit to the county judge and the office of emergency |
|
|
management of each county in which the utility has water and |
|
|
wastewater facilities that qualify for critical load status under |
|
|
rules adopted by the Public Utility Commission of Texas, and to the |
|
|
Public Utility Commission of Texas and the division of emergency |
|
|
management of the governor: |
|
|
(1) information identifying the location and |
|
|
providing a general description of all water and wastewater |
|
|
facilities that qualify for critical load status; and |
|
|
(2) emergency contact information for the affected |
|
|
utility, including: |
|
|
(A) the person who will serve as a point of |
|
|
contact and the person's telephone number; |
|
|
(B) the person who will serve as an alternative |
|
|
point of contact and the person's telephone number; and |
|
|
(C) the affected utility's mailing address. |
|
|
(d) An affected utility shall immediately update the |
|
|
information provided under Subsection (c) as changes to the |
|
|
information occur. |
|
|
(e) Not later than March 1 of each year, the county judge of |
|
|
each county that receives the information required by Subsections |
|
|
(c) and (d) shall: |
|
|
(1) submit the information for each affected utility |
|
|
to relevant electric utilities; and |
|
|
(2) in cooperation with the affected utility, submit |
|
|
for each affected utility any forms reasonably required by an |
|
|
electric utility for determining critical load status, including a |
|
|
critical care eligibility determination form or similar form. |
|
|
(f) Not later than June 1 of each year, an electric utility |
|
|
that has received information relating to an affected utility under |
|
|
Subsection (e) shall determine whether the facilities of the |
|
|
affected utility qualify for critical load status under rules |
|
|
adopted by the Public Utility Commission of Texas. |
|
|
(g) If an electric utility determines that an affected |
|
|
utility's facilities do not qualify for critical load status, the |
|
|
electric utility, not later than the 30th day after the date the |
|
|
electric utility receives the information required by Subsections |
|
|
(c) and (d), shall provide a detailed explanation of the electric |
|
|
utility's determination to each county judge that submitted the |
|
|
information. |
|
|
(h) Except as specifically required by this section, |
|
|
information received under this section is confidential and is not |
|
|
subject to disclosure under Chapter 552, Government Code. |
|
|
SECTION 2. Not later than March 1, 2010, the Texas |
|
|
Commission on Environmental Quality shall adopt standards as |
|
|
required by Section 13.1395, 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. |
|
|
|
|
|
* * * * * |