87S10706 JXC-D     By: Rosenthal H.B. No. 279       A BILL TO BE ENTITLED   AN ACT   relating to electricity supply chain risk mitigation planning.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 86.044(d) and (e), Natural Resources   Code, as added by S.B. No. 3, Acts of the 87th Legislature, Regular   Session, 2021, are amended to read as follows:          (d)  The commission by rule shall require an operator of a   gas supply chain facility to provide to the commission:                (1)  a summary report of a criticality analysis of the   facility;                (2)  a plan to mitigate risk factors identified in the   criticality analysis; and                (3)  proof that the operator has implemented the plan   described by Subdivision (2) over a reasonable period, in a form   satisfactory to the commission, which may be in the form of   inspections or documents[:                [(1)  inspect gas supply chain facilities for   compliance with rules adopted under Subsection (c);                [(2)  provide the owner of a facility described by   Subdivision (1) with a reasonable period of time in which to remedy   any violation the commission discovers in an inspection; and                [(3)  report to the attorney general any violation that   is not remedied in a reasonable period of time].          (e)  The commission shall report to the attorney general any   violation of a rule adopted under Subsection (c) that is not   remedied in a reasonable period of time [prioritize inspections   conducted under Subsection (d)(1) based on risk level, as   determined by the commission].          SECTION 2.  Section 35.0021(c), Utilities Code, as added by   S.B. No. 3, Acts of the 87th Legislature, Regular Session, 2021, is   amended to read as follows:          (c)  The commission by rule shall require a provider of   electric generation service described by Subsection (a) to provide   to the commission:                (1)  a summary report of a criticality analysis of the   provider's generation assets;                (2)  a plan to mitigate risk factors identified in the   criticality analysis; and                (3)  proof that the provider has implemented the plan   described by Subdivision (2) over a reasonable period, in a form   satisfactory to the commission, which may be in the form of   inspections or documents [independent organization certified under   Section 39.151 for the ERCOT power region shall:                [(1)  inspect generation assets in the ERCOT power   region for compliance with the reliability standards;                [(2)  provide the owner of a generation asset with a   reasonable period of time in which to remedy any violation the   independent organization discovers in an inspection; and                [(3)  report to the commission any violation].          SECTION 3.  Section 38.075(b), Utilities Code, as added by   S.B. No. 3, Acts of the 87th Legislature, Regular Session, 2021, is   amended to read as follows:          (b)  The commission by rule shall require each electric   cooperative, municipally owned utility, and transmission and   distribution utility providing transmission service in the ERCOT   power region to provide to the commission:                (1)  a summary report of a criticality analysis of the   cooperative's or utility's facilities;                (2)  a plan to mitigate risk factors identified in the   criticality analysis; and                (3)  proof that the cooperative or utility has   implemented the plan described by Subdivision (2) over a reasonable   period, in a form satisfactory to the commission, which may be in   the form of inspections or documents [independent organization   certified under Section 39.151 for the ERCOT power region shall:                [(1)  inspect the facilities of each electric   cooperative, municipally owned utility, and transmission and   distribution utility providing transmission service in the ERCOT   power region for compliance with the reliability standards;                [(2)  provide the owner of a facility described by   Subdivision (1) with a reasonable period of time in which to remedy   any violation the independent organization discovers in an   inspection; and                [(3)  report to the commission any violation that is   not remedied in a reasonable period of time].          SECTION 4.  Sections 121.2015(c-1) and (c-2), Utilities   Code, as added by S.B. No. 3, Acts of the 87th Legislature, Regular   Session, 2021, are amended to read as follows:          (c-1)  The railroad commission by rule shall require an   operator of a gas pipeline facility described by Subsection (a)(3)   to provide to the railroad commission:                (1)  a summary report of a criticality analysis of the   facility;                (2)  a plan to mitigate risk factors identified in the   criticality analysis; and                (3)  proof that the operator has implemented the plan   described by Subdivision (2) over a reasonable period, in a form   satisfactory to the commission, which may be in the form of   inspections or documents [:                [(1)  inspect gas pipeline facilities described by   Subsection (a)(3) for compliance with rules adopted under   Subsection (a)(3);                [(2)  provide the owner of a facility described by   Subsection (a)(3) with a reasonable period of time in which to   remedy any violation the railroad commission discovers in an   inspection; and                [(3)  report to the attorney general any violation that   is not remedied in a reasonable period of time].          (c-2)  The railroad commission shall report to the attorney   general any violation of a rule adopted under Subsection (a)(3)   that is not remedied in a reasonable period of time [prioritize   inspections conducted under Subsection (c-1)(1) based on risk   level, as determined by the railroad commission].          SECTION 5.  Sections 35.0021(c-1) and 38.075(c), Utilities   Code, as added by S.B. No. 3, Acts of the 87th Legislature, Regular   Session, 2021, are repealed.          SECTION 6.  This Act takes effect on the 91st day after the   last day of the legislative session.