Page 1 - SB 3_Neat

WEATHERIZATION & RESILIENCY OF UTILITY FACILITIES

Senate Bill 3 by Sen. Charles Schwertner / Rep. Chris Paddie
Effective 6/8/21

SB 3 was the priority bill calling for hardening of utility facilities and prevention of
extended power outages. While the majority of the bill focused on electric utilities, SB 3
included two mandates for water service providers, including water districts. The
summary below focuses on the provisions applicable to water districts.

Emergency Preparedness Plans
• In 2009, following Hurricane Ike, Sen. Dan Patrick and Rep. Bill Callegari passed
SB 361 requiring wholesale and retail water utilities in Harris and Fort Bend
counties to ensure emergency operations during an extended power outage by:
o adopting and implementing a TCEQ-approved emergency preparedness
plan; and
o coordinating with counties and electric utilities to identify a utility’s water
and wastewater facilities that qualify for “critical load status” for
prioritizing restoration of electricity service.
• SB 3 makes minor changes to the 2009 requirements for surface water providers
in Harris and Fort Bend counties by providing that, as an alternative to utilizing
auxiliary generators or on-site electrical generation, providers may demonstrate
the capability of each raw water intake pump station, water treatment plant,
pump station, and pressure facility to provide water during emergencies through
alternative means acceptable to the TCEQ.
• SB 3 also imposes similar requirements for emergency preparedness plans and
critical load coordination to all other water providers that are not subject to the
2009 requirements. In other words, SB 3 generally extends statewide the 2009
requirements of SB 361.
• The emergency preparedness plan requirements for wholesale and retail public
utilities in counties other than Harris and Fort Bend are summarized below.
o Requires a utility to maintain “emergency operation” (a minimum water
pressure of 20 psi, or a pressure level approved by the TCEQ) of its water
system during an “extended power outage” (more than 24 hours) as soon
and safe as practicable following the occurrence of a natural disaster.
o Provides that emergency operation may be achieved by one or more of the
following: (i) auxiliary generators; (ii) sharing of auxiliary generator
capacity between utilities if the agreements provide for coordination with
the Governor’s emergency management office; (iii) leases and agreements,
including emergency mutual aid agreements; (iv) portable generators
equipped with quick-connects; (v) on-site electric generation; (vi)
hardened electric transmission and distribution systems; (vii) for existing
facilities, direct engine or right angle drives; (viii) designation as a critical
load facility or redundant, isolated, or dedicated electrical feeds; (ix) water
storage capabilities; (x) water supplies delivered from outside the service
area; (xi) provision of water through artesian flows; (xii) redundant