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A BILL TO BE ENTITLED
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AN ACT
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relating to the reliability of the electricity supply chain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 38.077, Utilities Code, is amended to |
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read as follows: |
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Sec. 38.077. RELIABILITY [LOAD SHEDDING] EXERCISES. (a) |
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In this section, "critical facility" means a transmission |
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substation and any associated control centers that, if rendered |
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inoperable or damaged because of a physical attack, could cause |
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widespread instability, uncontrolled separation, or cascading |
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outages within an interconnection. |
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(b) The commission and the independent organization |
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certified for the ERCOT power region under Section 39.151 shall |
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conduct simulated or tabletop load shedding exercises with |
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providers of electric generation service and transmission and |
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distribution service in the ERCOT power region. |
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[(b)] The commission shall ensure that each year at least |
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one simulated or tabletop load shedding exercise is conducted |
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during a summer month and one simulated or tabletop load shedding |
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exercise is conducted during a winter month. |
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(c) The commission and the independent organization |
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certified for the ERCOT power region under Section 39.151 shall |
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conduct simulated or tabletop exercises with providers of electric |
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generation service and transmission and distribution service in the |
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ERCOT power region to mitigate and prepare for a threat of an attack |
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or an actual physical attack on a critical facility. The exercises |
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required by this subsection are in addition to the exercises |
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required by Subsection (b) and any requirements of the North |
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American Electric Reliability Corporation Critical Infrastructure |
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Protection plan standards. The commission and the independent |
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organization shall conduct the exercises under this subsection at |
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least once every two years. |
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(d) A simulated or tabletop exercise conducted under |
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Subsection (c) must identify the roles and responsibilities of the |
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following in the event of a threat of an attack or an actual |
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physical attack on a critical facility: |
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(1) transmission and distribution service providers; |
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(2) providers of electric generation service; |
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(3) law enforcement; |
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(4) the independent organization certified for the |
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ERCOT power region under Section 39.151; and |
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(5) the commission. |
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(e) A transmission and distribution service provider is not |
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required to disclose the specific location of the provider's |
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critical substations to the commission or the independent |
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organization certified for the ERCOT power region under Section |
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39.151 for the purposes of a simulated or tabletop exercise |
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conducted under Subsection (c). |
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(f) Each provider of electric generation service and of |
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transmission and distribution service that participates in a |
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simulated or tabletop exercise conducted under Subsection (c) shall |
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provide to the independent organization certified for the ERCOT |
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power region under Section 39.151 a written attestation that the |
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provider has coordinated with law enforcement when identifying |
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roles and responsibilities under Subsection (d). |
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SECTION 2. Not later than December 31, 2024, the Public |
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Utility Commission of Texas and the independent organization |
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certified under Section 39.151, Utilities Code, for the ERCOT power |
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region shall conduct a simulated or tabletop exercise with each |
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provider of electric generation service and of transmission and |
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distribution service as required by Section 38.077(c), Utilities |
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Code, as added by this Act. |
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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, 2023. |
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