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A BILL TO BE ENTITLED
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AN ACT
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relating to the weather emergency preparedness of gas facilities |
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and facilities for providing electric service. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 86, Natural Resources |
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Code, is amended by adding Section 86.044 to read as follows: |
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Sec. 86.044. WEATHER EMERGENCY PREPAREDNESS. (a) The |
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commission by rule shall require an operator of a gas well to |
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implement measures to prepare the well to operate during a weather |
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emergency. |
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(b) The rules must be based on information from the National |
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Weather Service and the Office of the Texas State Climatologist |
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about: |
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(1) historic weather emergencies; |
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(2) climate variability; and |
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(3) projected changes in weather. |
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(c) The commission shall review and, if necessary, update |
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rules adopted under this section at least once every five years to |
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account for changes in the information described by Subsection (b). |
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(d) The rules must: |
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(1) require an operator of a gas well to implement the |
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required measures at the expense of the provider; and |
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(2) require the provider to submit to the commission |
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an annual report that shows the costs of implementing the required |
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measures and that the costs were paid out of the operator's net |
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profits. |
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SECTION 2. Subchapter A, Chapter 35, Utilities Code, is |
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amended by adding Section 35.0021 to read as follows: |
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Sec. 35.0021. WEATHER EMERGENCY PREPAREDNESS. (a) The |
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commission by rule shall require each provider of generation in the |
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ERCOT power region to implement measures to prepare generation |
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facilities to provide adequate electric generation service during a |
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weather emergency. |
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(b) The rules must be based on information from the National |
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Weather Service and the Office of the Texas State Climatologist |
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about: |
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(1) historic weather emergencies; |
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(2) climate variability; and |
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(3) projected changes in weather. |
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(c) The commission shall review and update rules adopted |
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under this section at least once every five years to account for |
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changes in the information described by Subsection (b). |
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(d) The rules must: |
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(1) require a provider of generation to implement the |
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required measures at the expense of the provider; and |
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(2) require the provider to submit to the commission |
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an annual report that shows the costs of implementing the required |
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measures and that the costs were paid out of the provider's net |
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profits. |
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SECTION 3. Subchapter D, Chapter 38, Utilities Code, is |
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amended by adding Section 38.074 to read as follows: |
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Sec. 38.074. WEATHER EMERGENCY PREPAREDNESS. (a) The |
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commission by rule shall require each electric cooperative, |
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municipally owned utility, and transmission and distribution |
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utility providing transmission or distribution service in the ERCOT |
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power region to implement measures to prepare facilities to |
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maintain service quality and reliability during a weather |
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emergency. |
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(b) The rules must be based on information from the National |
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Weather Service and the Office of the Texas State Climatologist |
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about: |
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(1) historic weather emergencies; |
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(2) climate variability; and |
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(3) projected changes in weather. |
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(c) The commission shall review and update rules adopted |
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under this section at least once every five years to account for |
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changes in the information described by Subsection (b). |
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(d) The commission shall conduct a study on possible ways to |
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provide funding for the measures required by the rules for |
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transmission and distribution utilities so that the cost of the |
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measures is not paid by retail customers. The commission shall |
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submit the results of the study to the legislature not later than |
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September 1, 2022. This subsection expires September 1, 2023. |
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SECTION 4. Section 121.2015, Utilities Code, is amended by |
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amending Subsection (a) and adding Subsections (d), (e), and (f) to |
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read as follows: |
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(a) The railroad commission shall adopt rules regarding: |
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(1) public education and awareness relating to gas |
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pipeline facilities; [and] |
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(2) community liaison for responding to an emergency |
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relating to a gas pipeline facility; and |
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(3) measures gas pipeline facility operators must |
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implement to prepare gas pipeline facilities to maintain service |
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quality and reliability during a weather emergency. |
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(d) The rules adopted under Subsection (a)(3) must be based |
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on information from the National Weather Service and the Office of |
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the Texas State Climatologist about: |
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(1) historic weather emergencies; |
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(2) climate variability; and |
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(3) projected changes in weather. |
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(e) The commission shall review and, if necessary, update |
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rules adopted under Subsection (a)(3) at least once every five |
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years to account for changes in the information described by |
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Subsection (d). |
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(f) The commission shall conduct a study on possible ways to |
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provide funding for the measures required by the rules adopted |
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under Subsection (a)(3) so that the cost of the measures is not paid |
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by retail customers. The commission shall submit the results of the |
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study to the legislature not later than September 1, 2022. This |
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subsection expires September 1, 2023. |
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SECTION 5. The Public Utility Commission of Texas and the |
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Railroad Commission of Texas shall adopt the rules required by this |
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Act not later than January 1, 2022. |
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SECTION 6. 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, 2021. |