HB3535 - Relating to requiring backup generation at certain wastewater treatment facilities.

  89R9777 DRS-D     By: Harris Davila H.B. No. 3535       A BILL TO BE ENTITLED   AN ACT   relating to requiring backup generation at certain wastewater   treatment facilities.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 26, Water Code, is amended   by adding Section 26.054 to read as follows:           Sec.   26.054.     STANDARDS OF EMERGENCY OPERATIONS FOR PACKAGE   PLANT. (a) In this section:                 (1)     "Emergency operations" means the operation of a   package plant during an extended power outage that impacts the   package plant.                 (2)     "Extended power outage" means a power outage   lasting for more than 24 hours.                 (3)     "Package plant" means a pre-manufactured   wastewater treatment facility with a capacity of less than 500,000   gallons per day. The term includes an extended aeration plant,   sequencing batch reactor, or oxidation ditch.           (b)  The operator of a package plant shall:                 (1)     ensure the emergency operation of the package   plant 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:                       (A)     an emergency preparedness plan that   demonstrates the operator's ability to provide the emergency   operations described by Subdivision (1); and                       (B)     a timeline for implementing the plan   described by Paragraph (A).           (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 date the commission receives the   plan. In accordance with commission rules, an emergency   preparedness plan for a package plant shall provide for one or more   of the following:                 (1)     the maintenance of automatically starting   auxiliary generators;                 (2)     the sharing of auxiliary generator capacity with   one or more operators of wastewater treatment facilities affected   by an extended power outage, including through participation in a   statewide mutual aid program;                 (3)     the negotiation of leasing and contracting   agreements, including emergency mutual aid agreements with other   operators of wastewater treatment facilities, 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 package plant;                 (7)     emergency wastewater treatment service capacity   rules to maintain emergency operations; or                 (8)     any other alternative determined by the commission   to be acceptable.           (d)     Each operator of a package plant shall include in the   package plant's emergency preparedness plan under Subsection (b)   provisions for demonstrating the capability of the package plant to   provide wastewater treatment service to its customers during   emergencies. This subsection does not apply to wastewater   treatment services that are unnecessary or otherwise subject to   interruption or curtailment during emergencies under a contract.           (e)     The commission shall adopt rules to implement this   section.           (f)     The commission shall provide an operator of a package   plant with access to the commission's financial, managerial, and   technical contractors to assist the operator 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 operator of a package plant   when submitting a plan under this section. The emergency   preparedness plan template shall contain:                 (1)     a list and explanation of the preparations an   operator of a package plant may make under Subsection (c) for the   commission to approve the package plant'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 package plant to   ensure that the operator of the package plant complies with the   approved plan.           (j)     The commission shall consider whether compliance with   this section will cause a significant financial burden on customers   of an operator of a package plant.           (k)     An operator of a package plant may adopt and enforce   limitations on wastewater treatment service while the package plant   is providing emergency operations.           (l)     Except as specifically required by this section,   information provided by an operator of a package plant under this   section is confidential and is not subject to disclosure under   Chapter 552, Government Code.           (m)     The commission shall coordinate with the Public Utility   Commission of Texas in the administration of this section.          SECTION 2.  (a) Not later than January 1, 2026, the Texas   Commission on Environmental Quality shall adopt rules necessary to   implement Section 26.054, Water Code, as added by this Act.          (b)  Not later than May 1, 2026, each operator of a package   plant shall submit to the Texas Commission on Environmental Quality   the emergency preparedness plan required by Section 26.054, Water   Code, as added by this Act.          (c)  Not later than September 1, 2026, or upon final approval   by the Texas Commission on Environmental Quality, each operator of   a package plant shall implement the emergency preparedness plan   required by Section 26.054, Water Code, as added by this Act.          SECTION 3.  This Act takes effect September 1, 2025.