Emergency plans for small prefabricated wastewater plants

The text as introduced · 871 words

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.