S.B. No. 361
 
 
 
 
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:
                     (A)  in a county with a population of 3.3 million
  or more; or
                     (B)  in a county with a population of 400,000 or
  more adjacent to 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 an emergency preparedness
  plan submitted under Subsection (b). If the commission determines
  that the plan is not acceptable, the commission shall recommend
  changes to the plan.  The commission must make its recommendations
  on or before the 90th day after the commission receives the plan.  
  In accordance with commission rules, an emergency preparedness plan
  shall provide for one of the following:
               (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;
               (7)  for existing facilities, the maintenance of direct
  engine or right angle drives; or
               (8)  any other alternative determined by the commission
  to be acceptable.
         (d)  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)  The commission shall adopt rules to implement this
  section as an alternative to any rule requiring elevated storage.
         (f)  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.
         (g)  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.
         (h)  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.
         (i)  The commission shall inspect each utility to ensure that
  the utility complies with the approved plan.
         (j)  The commission may grant a waiver of the requirements of
  this section to an affected utility if the commission determines
  that compliance with this section will cause a significant
  financial burden on customers of the affected utility.
         (k)  An affected utility may adopt and enforce limitations on
  water use while the utility is providing emergency operations.
         (l)  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.
               (4)  "Retail electric provider" has the meaning
  assigned by Section 31.002, Utilities Code.
         (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 accepted.
         (c)  Each 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 February 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 each retail electric provider that sells electric power to an
  affected utility and each electric utility that provides
  transmission and distribution service to an affected utility; and
               (2)  in cooperation with the affected utility, submit
  for each affected utility any forms reasonably required by an
  electric utility or retail electric provider for determining
  critical load status, including a critical care eligibility
  determination form or similar form.
         (f)  Not later than May 1 of each year, each electric utility
  and each retail electric provider 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 and the retail electric provider, not later than
  the 30th day after the date the electric utility or retail electric
  provider 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.
         SECTION 2.  (a)  Not later than December 1, 2009, the Texas
  Commission on Environmental Quality shall adopt standards as
  required by Section 13.1395, Water Code, as added by this Act.  As
  part of the rulemaking process, the commission shall conduct at
  least two public hearings in Harris County.  The commission shall
  issue a report to the governor, lieutenant governor, and speaker of
  the house of representatives if the commission is unable to adopt
  the standards by the time provided by this subsection.
         (b)  Not later than November 1, 2009, each affected utility
  shall submit the information required by Section 13.1396, Water
  Code, as added by this Act, to:
               (1)  each appropriate county judge and office of
  emergency management;
               (2)  the Public Utility Commission of Texas; and
               (3)  the office of emergency management of the
  governor.
         (c)  Not later than March 1, 2010, each affected utility
  shall submit to the Texas Commission on Environmental Quality the
  emergency preparedness plan required by Section 13.1395, Water
  Code, as added by this Act.
         (d)  Not later than July 1, 2010, each affected utility shall
  implement the emergency preparedness plan approved by the Texas
  Commission on Environmental Quality under Section 13.1395, Water
  Code, as added by this Act.
         (e)  An affected utility may file with the Texas Commission
  on Environmental Quality a written request for an extension, not to
  exceed 90 days, of the date by which the affected utility is
  required under Subsection (c) of this section to submit the
  affected utility's emergency preparedness plan or of the date by
  which the affected utility is required under Subsection (d) of this
  section to implement the affected utility's emergency preparedness
  plan. The Texas Commission on Environmental Quality shall approve
  the requested extension for good cause shown.
         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.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 361 passed the Senate on April
  8, 2009, by the following vote: Yeas 30, Nays 1; and that the
  Senate concurred in House amendments on May 30, 2009, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 361 passed the House, with
  amendments, on May 26, 2009, by the following vote: Yeas 146,
  Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor