Bill Text: TX HB4150 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to safety and inspection requirements for certain utilities that provide electricity.
Spectrum: Moderate Partisan Bill (Republican 13-2)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB4150 Detail]
Download: Texas-2019-HB4150-Comm_Sub.html
Bill Title: Relating to safety and inspection requirements for certain utilities that provide electricity.
Spectrum: Moderate Partisan Bill (Republican 13-2)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB4150 Detail]
Download: Texas-2019-HB4150-Comm_Sub.html
86R25694 GRM-F | |||
By: Paddie, Dean | H.B. No. 4150 | ||
Substitute the following for H.B. No. 4150: | |||
By: Raymond | C.S.H.B. No. 4150 |
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relating to safety and inspection requirements for certain | ||
utilities that provide electricity. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 38.004, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 38.004. MINIMUM CLEARANCE STANDARD. (a) | ||
Notwithstanding any other law, a transmission or distribution line | ||
owned by an electric utility or an electric cooperative must be | ||
constructed, operated, and maintained, as to clearances, in the | ||
manner described by the National Electrical Safety Code Standard | ||
ANSI (c)(2), as adopted by the American National Safety Institute | ||
and in effect at the time of construction. | ||
(b) An electric utility, municipally owned utility, or | ||
electric cooperative shall meet the minimum clearance requirements | ||
specified in Rule 232 of the National Electrical Safety Code | ||
Standard ANSI (c)(2) in the construction of any transmission or | ||
distribution line over the following lakes: | ||
(1) Abilene; | ||
(2) Alan Henry; | ||
(3) Alvarado Park; | ||
(4) Amistad; | ||
(5) Amon G. Carter; | ||
(6) Aquilla; | ||
(7) Arlington; | ||
(8) Arrowhead; | ||
(9) Athens; | ||
(10) Austin; | ||
(11) Averhoff; | ||
(12) B. A. Steinhagen; | ||
(13) Bachman; | ||
(14) Balmorhea; | ||
(15) Bardwell; | ||
(16) Bastrop; | ||
(17) Baylor Creek; | ||
(18) Belton; | ||
(19) Benbrook; | ||
(20) Big Creek; | ||
(21) Bob Sandlin; | ||
(22) Bonham; | ||
(23) Bonham State Park; | ||
(24) Brady Creek; | ||
(25) Brandy Branch; | ||
(26) Braunig; | ||
(27) Brazos; | ||
(28) Bridgeport; | ||
(29) Brownwood; | ||
(30) Bryan; | ||
(31) Bryson; | ||
(32) Buchanan; | ||
(33) Buffalo Creek; | ||
(34) Buffalo Springs; | ||
(35) Caddo; | ||
(36) Calaveras; | ||
(37) Canyon; | ||
(38) Casa Blanca; | ||
(39) Cedar Creek; | ||
(40) Champion Creek; | ||
(41) Choke Canyon; | ||
(42) Cisco; | ||
(43) Cleburne State Park; | ||
(44) Clyde; | ||
(45) Coffee Mill; | ||
(46) Coleman; | ||
(47) Coleto Creek; | ||
(48) Colorado City; | ||
(49) Conroe; | ||
(50) Cooper; | ||
(51) Corpus Christi; | ||
(52) Crook; | ||
(53) Cypress Springs; | ||
(54) Daniel; | ||
(55) Davy Crockett; | ||
(56) Diversion; | ||
(57) Dunlap; | ||
(58) Eagle Mountain; | ||
(59) E. V. Spence; | ||
(60) Fairfield; | ||
(61) Falcon; | ||
(62) Fayette County; | ||
(63) Findley; | ||
(64) Fork; | ||
(65) Fort Parker State Park; | ||
(66) Fort Phantom Hill; | ||
(67) Fryer; | ||
(68) Georgetown; | ||
(69) Gibbons Creek; | ||
(70) Gilmer; | ||
(71) Gladewater; | ||
(72) Gonzales; | ||
(73) Graham; | ||
(74) Granbury; | ||
(75) Granger; | ||
(76) Grapevine; | ||
(77) Greenbelt; | ||
(78) Halbert; | ||
(79) Hawkins; | ||
(80) Holbrook; | ||
(81) Hords Creek; | ||
(82) Houston; | ||
(83) Houston County; | ||
(84) Hubbard Creek; | ||
(85) Inks; | ||
(86) Jacksboro; | ||
(87) Jacksonville; | ||
(88) J. B. Thomas; | ||
(89) Joe Pool; | ||
(90) Kemp; | ||
(91) Kickapoo; | ||
(92) Kirby; | ||
(93) Kurth; | ||
(94) Lady Bird; | ||
(95) Lake O' The Pines; | ||
(96) Lavon; | ||
(97) Leon; | ||
(98) Lewisville; | ||
(99) Limestone; | ||
(100) Livingston; | ||
(101) Lone Star; | ||
(102) Lost Creek; | ||
(103) Lyndon B. Johnson; | ||
(104) Mackenzie; | ||
(105) Marble Falls; | ||
(106) Marine Creek; | ||
(107) Martin Creek; | ||
(108) McClellan; | ||
(109) Medina; | ||
(110) Meredith; | ||
(111) Meridian State Park; | ||
(112) Mexia; | ||
(113) Mill Creek; | ||
(114) Millers Creek; | ||
(115) Mineral Wells; | ||
(116) Monticello; | ||
(117) Moss; | ||
(118) Mountain Creek; | ||
(119) Muenster; | ||
(120) Murvaul; | ||
(121) Nacogdoches; | ||
(122) Naconiche; | ||
(123) Nasworthy; | ||
(124) Navarro Mills; | ||
(125) New Ballinger; | ||
(126) Nocona; | ||
(127) Oak Creek; | ||
(128) O. C. Fisher; | ||
(129) O. H. Ivie; | ||
(130) Palestine; | ||
(131) Palo Duro; | ||
(132) Palo Pinto; | ||
(133) Pat Cleburne; | ||
(134) Pat Mayse; | ||
(135) Pinkston; | ||
(136) Placid; | ||
(137) Possum Kingdom; | ||
(138) Proctor; | ||
(139) Purtis Creek; | ||
(140) Quitman; | ||
(141) Raven; | ||
(142) Ray Hubbard; | ||
(143) Ray Roberts; | ||
(144) Red Bluff; | ||
(145) Richland-Chambers; | ||
(146) Sam Rayburn; | ||
(147) Sheldon; | ||
(148) Somerville; | ||
(149) Squaw Creek; | ||
(150) Stamford; | ||
(151) Stillhouse Hollow; | ||
(152) Striker; | ||
(153) Sulphur Springs; | ||
(154) Sweetwater; | ||
(155) Tawakoni; | ||
(156) Texana; | ||
(157) Texoma; | ||
(158) Timpson; | ||
(159) Toledo Bend; | ||
(160) Tradinghouse Creek; | ||
(161) Travis; | ||
(162) Twin Buttes; | ||
(163) Tyler; | ||
(164) Waco; | ||
(165) Walter E. Long; | ||
(166) Waxahachie; | ||
(167) Weatherford; | ||
(168) Welsh; | ||
(169) Wheeler Branch; | ||
(170) White River; | ||
(171) White Rock; | ||
(172) Whitney; | ||
(173) Wichita; | ||
(174) Winnsboro; | ||
(175) Winters-Elm Creek; | ||
(176) Wood; | ||
(177) Worth; and | ||
(178) Wright Patman. | ||
SECTION 2. Subchapter E, Chapter 38, Utilities Code, is | ||
amended by adding Section 38.102 to read as follows: | ||
Sec. 38.102. REPORTS ON SAFETY PROCESSES AND INSPECTION. | ||
(a) Each electric utility, municipally owned utility, and electric | ||
cooperative that owns or operates transmission or distribution | ||
assets shall submit to the commission a report that includes: | ||
(1) a summary description of hazard recognition | ||
training programs provided by the utility or electric cooperative | ||
to its employees and contractors related to transmission and | ||
distribution facilities; and | ||
(2) a summary description of training programs | ||
provided to employees and contractors by the utility or electric | ||
cooperative related to the National Electrical Safety Code and | ||
United States Army Corps of Engineers regulations and design | ||
requirements for the construction of electric transmission and | ||
distribution lines. | ||
(b) An electric utility, municipally owned utility, or | ||
electric cooperative shall submit an updated report not later than | ||
the 30th day after the date the utility or electric cooperative | ||
finalizes a change to a program included in a report submitted under | ||
Subsection (a). | ||
(c) Not later than May 1 of each year, each electric utility | ||
that owns or operates overhead transmission or distribution | ||
facilities greater than one kilovolt shall submit to the commission | ||
a report on the facilities for the preceding calendar year that | ||
includes: | ||
(1) identified occurrences of noncompliance with | ||
inspection criteria defined by commission rule, the date of | ||
discovery of the noncompliance, and the remedy or mitigation plan | ||
implemented by the utility; and | ||
(2) identified occurrences of noncompliance with any | ||
agreement with the United States Army Corps of Engineers, including | ||
an easement agreement, relating to the vertical clearance of a | ||
facility. | ||
(d) Not later than May 1 of each year, each municipally | ||
owned utility or electric cooperative that owns or operates | ||
transmission or distribution assets shall submit to the commission | ||
a report for the preceding 12-month period ending on March 31 that | ||
includes: | ||
(1) the percentage of the transmission or distribution | ||
system or assets inspected for compliance with the National | ||
Electrical Safety Code in the reporting period; and | ||
(2) the percentage of the transmission or distribution | ||
system or assets anticipated to be inspected for compliance with | ||
the National Electrical Safety Code during the year in which the | ||
report is submitted. | ||
(e) Not later than May 1 every five years, each electric | ||
utility that owns or operates overhead transmission facilities | ||
shall submit to the commission a report for the preceding five-year | ||
period ending on March 31 that includes: | ||
(1) the percentage of overhead transmission | ||
facilities inspected for compliance with the National Electrical | ||
Safety Code in the reporting period; and | ||
(2) the percentage of the overhead transmission | ||
facilities anticipated to be inspected for compliance with the | ||
National Electrical Safety Code during the five-year period | ||
beginning on March 31 of the year in which the report is submitted. | ||
(f) Subject to Subsection (g), not later than May 1 of each | ||
year, each electric utility, municipally owned utility, or electric | ||
cooperative that owns or operates transmission or distribution | ||
assets shall submit to the commission a report for the preceding | ||
12-month period ending on March 31 that includes: | ||
(1) the number of incidents reported by employees or | ||
the public regarding transmission and distribution assets that are | ||
not in compliance as of March 31 with the National Electrical Safety | ||
Code; | ||
(2) a statement of whether the utility or electric | ||
cooperative was aware on March 31 of the reporting period that any | ||
portion of the utility's or electric cooperative's transmission or | ||
distribution system was not in compliance with the National | ||
Electrical Safety Code; | ||
(3) a statement of whether the utility or electric | ||
cooperative was aware on March 31 of the reporting period of any | ||
violations of easement agreements on the basis of power line height | ||
requirements under Section 38.004, including easement agreements | ||
with the United States Army Corps of Engineers; | ||
(4) the number of fatalities or injuries of | ||
individuals other than employees resulting from transmission or | ||
distribution assets; and | ||
(5) a description of corrective actions taken or | ||
planned to prevent the reoccurrence of fatalities or injuries | ||
described by Subdivision (4). | ||
(g) Incidents, violations, fatalities, or injuries | ||
attributable to a natural disaster or weather event are not | ||
required to be included in the portions of the report required under | ||
Subsections (f)(1) through (4). | ||
(h) Not later than September 1, each year the commission | ||
shall make the reports publicly available on the commission's | ||
Internet website. | ||
(i) Reports made on incidents or violations under this | ||
section are not admissible in a civil action. The commission may | ||
otherwise take enforcement actions under the commission's | ||
authority. | ||
SECTION 3. Any electric utility, municipally owned utility, | ||
or electric cooperative that owns a transmission or distribution | ||
line over a lake listed in Section 38.004(b), Utilities Code, as | ||
added by this Act, that is not in compliance on the effective date | ||
of this Act with the clearance standards of Rule 232 of the National | ||
Electrical Safety Code Standard ANSI (c)(2) in effect at the time | ||
the line was constructed shall bring the line into compliance not | ||
later than December 31, 2021. Any line over a lake listed in | ||
Section 38.004(b), Utilities Code, as added by this Act, that must | ||
be rebuilt to comply with this section must be constructed in | ||
accordance with the clearance standards of Rule 232 of the National | ||
Electrical Safety Code Standard ANSI (c)(2) in effect on the | ||
effective date of this Act. | ||
SECTION 4. An electric utility, a municipally owned | ||
utility, or an electric cooperative required to submit a report | ||
under Section 38.102, Utilities Code, as added by this Act, is not | ||
required to submit the report until May 1, 2020. | ||
SECTION 5. This Act takes effect September 1, 2019. |