bill orders substation attack drills every two years

The text as introduced · 566 words

89R9041 ANG-D

By: Slawson
H.B. No. 4851

A BILL TO BE ENTITLED

AN ACT

relating to the reliability of the electricity supply chain.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 38.077, Utilities Code, is amended to

read as follows:

Sec. 38.077. RELIABILITY [ LOAD SHEDDING ] EXERCISES. (a)

In this section, "critical facility" means a transmission

substation and any associated control centers that, if rendered

inoperable or damaged because of a physical attack, could cause

widespread instability, uncontrolled separation, or cascading

outages within an interconnection.

(b) The commission and the independent organization

certified for the ERCOT power region under Section 39.151 shall

conduct simulated or tabletop load shedding exercises with

providers of electric generation service and transmission and

distribution service in the ERCOT power region.

[ (b) ] The commission shall ensure that each year at least

one simulated or tabletop load shedding exercise is conducted

during a summer month and one simulated or tabletop load shedding

exercise is conducted during a winter month.

(c) The commission and the independent organization

certified for the ERCOT power region under Section 39.151 shall

conduct simulated or tabletop exercises with providers of electric

generation service and transmission and distribution service in the

ERCOT power region to mitigate and prepare for a threat of an attack

or an actual physical attack on a critical facility. The exercises

required by this subsection are in addition to the exercises

required by Subsection (b) and any requirements of the North

American Electric Reliability Corporation Critical Infrastructure

Protection plan standards. The commission and the independent

organization shall conduct the exercises under this subsection at

least once every two years.

(d) A simulated or tabletop exercise conducted under

Subsection (c) must identify the roles and responsibilities of the

following in the event of a threat of an attack or an actual

physical attack on a critical facility:

(1) transmission and distribution service providers;

(2) providers of electric generation service;

(3) law enforcement;

(4) the independent organization certified for the

ERCOT power region under Section 39.151; and

(5) the commission.

(e) A transmission and distribution service provider is not

required to disclose the specific location of the provider's

critical substations to the commission or the independent

organization certified for the ERCOT power region under Section

39.151 for the purposes of a simulated or tabletop exercise

conducted under Subsection (c).

(f) Each provider of electric generation service and of

transmission and distribution service that participates in a

simulated or tabletop exercise conducted under Subsection (c) shall

provide to the independent organization certified for the ERCOT

power region under Section 39.151 a written attestation that the

provider has coordinated with law enforcement when identifying

roles and responsibilities under Subsection (d).

SECTION 2. Not later than December 31, 2026, the Public

Utility Commission of Texas and the independent organization

certified under Section 39.151, Utilities Code, for the ERCOT power

region shall conduct a simulated or tabletop exercise with each

provider of electric generation service and of transmission and

distribution service as required by Section 38.077(c), Utilities

Code, as added by this Act.

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, 2025.