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A BILL TO BE ENTITLED
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AN ACT
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relating to the protection of critical components of the electric |
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grid from damage from electromagnetic threats. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 2, Utilities Code, is amended |
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by adding Chapter 44 to read as follows: |
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CHAPTER 44. GRID RESILIENCE |
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Sec. 44.001. DEFINITION. In this chapter, "EMP Commission |
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reports" means all reports released by the Commission to Assess the |
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Threat to the United States from Electromagnetic Pulse (EMP) |
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Attack, including the July 2017 report titled "Recommended E3 HEMP |
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Heave Electric Field Waveform for the Critical Infrastructures." |
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Sec. 44.002. CRITICAL COMPONENT RESILIENCE. The commission |
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shall: |
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(1) identify critical components of the ERCOT electric |
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grid vulnerable to an electromagnetic pulse or a geomagnetic |
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disturbance, such as components of substations, control centers, |
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large power transformers, generators, high voltage breakers, or |
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downstream equipment; |
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(2) evaluate EMP Commission reports for potential |
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application to critical electric grid infrastructure in ERCOT; and |
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(3) by rule require that all high-capacity generation |
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substations and large power transformers in ERCOT constructed or |
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installed after September 1, 2025, be designed in accordance with |
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applicable standards proposed in EMP Commission reports, including |
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any applicable requirements for withstanding 50 kilovolts/meter E1 |
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electromagnetic pulses and 85 volts/kilometer E3 electromagnetic |
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pulses. |
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Sec. 44.003. GRANT PROGRAM FOR UPGRADES TO CRITICAL |
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COMPONENTS. (a) The commission shall establish a grant program for |
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the public purpose of funding protective upgrades to critical |
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components identified under Section 44.002(1) that are at risk of |
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failure in the event of electromagnetic threats to ensure the |
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components can withstand 50 kilovolts/meter E1 electromagnetic |
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pulses and 85 volts/kilometer E3 electromagnetic pulses. |
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(b) An entity that owns or operates a component identified |
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by the commission under Section 44.002(1) may apply to the |
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commission for a grant under this section. |
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(c) An entity that receives a grant under this section may |
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not recover under Section 38.078 costs paid by the grant. |
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Sec. 44.004. ELECTROMAGNETIC PULSE PROTECTION AND |
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RESILIENCE ACCOUNT. The electromagnetic pulse protection and |
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resilience account is created as an account in the general revenue |
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fund. The commission shall administer the account. Distributions |
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from the account may be used only for furthering the purposes of |
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this chapter and commission duties under this chapter. The account |
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is composed of: |
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(1) money the legislature appropriates to the account; |
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and |
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(2) gifts, grants, and other donations the commission |
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receives for the account. |
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Sec. 44.005. BIENNIAL REVIEW. Biennially, the commission |
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shall: |
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(1) conduct a review of the grant program established |
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under Section 44.003 to evaluate the cost of the program and the |
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benefits to the public of increased protection and resiliency of |
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the electric grid as a result of improvements to critical |
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components; and |
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(2) submit a report to the legislature on the |
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commission's findings after the review conducted under Subdivision |
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(1). |
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SECTION 2. Section 38.078(b), Utilities Code, as added by |
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Chapter 836 (H.B. 2555), Acts of the 88th Legislature, Regular |
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Session, 2023, is amended to read as follows: |
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(b) An electric utility may file, in a manner authorized by |
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commission rule, a plan to enhance the resiliency of the utility's |
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transmission and distribution system through at least one of the |
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following methods: |
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(1) hardening electrical transmission and |
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distribution facilities, including against electromagnetic |
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threats; |
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(2) modernizing electrical transmission and |
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distribution facilities; |
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(3) undergrounding certain electrical distribution |
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lines; |
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(4) lightning mitigation measures; |
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(5) flood mitigation measures; |
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(6) information technology; |
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(7) cybersecurity measures; |
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(8) physical security measures; |
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(9) vegetation management; or |
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(10) wildfire mitigation and response. |
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SECTION 3. This Act takes effect September 1, 2025. |