87R10682 JXC-D
 
  By: Rosenthal H.B. No. 3182
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the weather emergency preparedness of gas pipeline
  facilities and facilities for providing electric service.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 35, Utilities Code, is
  amended by adding Section 35.0021 to read as follows:
         Sec. 35.0021.  WEATHER EMERGENCY PREPAREDNESS. (a) The
  commission by rule shall require each provider of generation in the
  ERCOT power region to:
               (1)  prepare, submit to the commission, and update as
  necessary an emergency operations plan for providing adequate
  electric generation service during a weather emergency; and
               (2)  implement measures to prepare generation
  facilities to provide adequate electric generation service during a
  weather emergency.
         (b)  An emergency operations plan is public information
  except for the portions of the plan considered confidential under
  Chapter 552, Government Code, or other state or federal law. If
  portions of a plan are designated as confidential, the plan shall be
  provided to the commission in a redacted form for public inspection
  with the confidential portions removed.
         (c)  Each provider of generation shall submit the provider's
  plan in its entirety to the independent organization certified
  under Section 39.151.
         SECTION 2.  Subchapter D, Chapter 38, Utilities Code, is
  amended by adding Section 38.074 to read as follows:
         Sec. 38.074.  WEATHER EMERGENCY PREPAREDNESS. (a) The
  commission by rule shall require each electric cooperative,
  municipally owned utility, and transmission and distribution
  utility providing transmission or distribution service in the ERCOT
  power region to:
               (1)  prepare, submit to the commission, and update as
  necessary an emergency operations plan for maintaining service
  quality and reliability during a weather emergency; and
               (2)  implement measures to prepare facilities to
  maintain service quality and reliability during a weather
  emergency.
         (b)  An emergency operations plan is public information
  except for the portions of the plan considered confidential under
  Chapter 552, Government Code, or other state or federal law. If
  portions of a plan are designated as confidential, the plan shall be
  provided to the commission in a redacted form for public inspection
  with the confidential portions removed.
         (c)  Each electric cooperative, municipally owned utility,
  and transmission and distribution utility shall provide the
  cooperative's or utility's plan in its entirety to the independent
  organization certified under Section 39.151.
         SECTION 3.  Section 121.2015(a), Utilities Code, is amended
  to read as follows:
         (a)  The railroad commission shall adopt rules regarding:
               (1)  public education and awareness relating to gas
  pipeline facilities; [and]
               (2)  community liaison for responding to an emergency
  relating to a gas pipeline facility; and
               (3)  measures gas pipeline facility operators must
  implement to prepare gas pipeline facilities to maintain service
  quality and reliability during a weather emergency.
         SECTION 4.  Section 186.007, Utilities Code, is transferred
  to Subchapter A, Chapter 31, Utilities Code, redesignated as
  Section 31.006, Utilities Code, and amended to read as follows:
         Sec. 31.006 [186.007].  WEATHER EMERGENCY PREPAREDNESS
  REPORT. (a) [In this section, "commission" means the Public
  Utility Commission of Texas.
         [(a-1)]  The commission shall analyze emergency operations
  plans developed under Sections 35.0021 and 38.074 [by electric
  utilities as defined by Section 31.002, power generation companies,
  municipally owned utilities, and electric cooperatives that
  operate generation facilities in this state] and prepare an annual
  [a] weather emergency preparedness report on power generation,
  transmission, and distribution weatherization in this state
  [preparedness]. In preparing the report, the commission shall:
               (1)  review the emergency operations plans currently on
  file with the commission;
               (2)  analyze and determine the ability of the electric
  grid to withstand extreme weather events in the upcoming year;
               (3)  consider the anticipated weather patterns for the
  upcoming year as forecasted by the National Weather Service or any
  similar state or national agency; and
               (4)  make recommendations on improving emergency
  operations plans and procedures in order to ensure the continuity
  of electric service.
         (b)  The commission may require an [electric generation]
  entity subject to Section 35.0021 or 38.074 [this section] to file
  an updated emergency operations plan if it finds that an emergency
  operations plan on file does not contain adequate information to
  determine whether the entity [electric generation entity] can
  provide adequate service during a weather emergency [electric
  generation services].
         (c)  The commission may adopt rules relating to the
  implementation of the report [described by Subsection (a-1)].
         (d)  The commission shall submit each [the] report
  [described by Subsection (a-1)] to the lieutenant governor, the
  speaker of the house of representatives, and the members of the
  legislature [not later than September 30, 2012].
         (e)  The commission shall [may] submit supplemental 
  [subsequent] weather emergency preparedness reports to the
  lieutenant governor, the speaker of the house of representatives,
  and the members of the legislature if the commission finds that
  significant changes to weatherization techniques have occurred or
  are necessary to protect consumers or vital services, or if there
  have been changes to statutes or rules relating to weatherization
  requirements. A report under this subsection must be submitted not
  later than:
               (1)  March 1 for a summer weather emergency
  preparedness report; and
               (2)  September 1 for a winter weather emergency
  preparedness report.
         [(f)  The emergency operations plans submitted for the
  report described by Subsection (a-1) and any subsequent plans
  submitted under Subsection (e) are public information except for
  the portions of the plan considered confidential under Chapter 552,
  Government Code, or other state or federal law. If portions of a
  plan are designated as confidential, the plan shall be provided to
  the commission in a redacted form for public inspection with the
  confidential portions removed. An electric generation entity
  within the ERCOT power region shall provide the entity's plan to
  ERCOT in its entirety.]
         SECTION 5.  This Act takes effect September 1, 2021.