| (a) An affected utility shall adopt and submit to the
executive director for approval an emergency preparedness plan that
demonstrates the utility's ability to provide emergency operations
and a timeline for implementing the plan.
(b) The executive director shall review an emergency
preparedness plan submitted by an affected utility. If the executive
director determines that the plan is not acceptable, the executive
director shall request additional information or recommend changes
to the plan. The executive director shall communicate to the affected
utility the request for information or recommendations on or before
the 90th day after the executive director receives the plan.
(c) An emergency preparedness plan shall include 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 affected utilities, including through participation in
a statewide mutual aid program;
(3) the negotiation of leasing and contracting agreements,
including emergency mutual aid agreements with other retail public
utilities, exempt utilities, or providers or conveyors of potable
or raw water service, 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 water system;
(7) the maintenance of direct engine or right-angle
drives;
(8) designation of the water system as a critical load
facility or redundant, isolated, or dedicated electrical feeds;
(9) water storage capabilities;
(10) water supplies delivered from outside the service
area of the affected utility;
(11) the ability to provide water through artesian
flows;
(12) redundant interconnectivity between pressure zones;
(13) emergency water demand rules to maintain emergency
operations; or
(14) any other alternative determined by the executive
director to be acceptable.
(d) Each affected utility that supplies, provides,
or conveys raw surface water to wholesale customers shall include
in its emergency preparedness plan provisions for demonstrating the
capability of each raw water intake pump station, pump station, and
pressure facility necessary to provide water service to its wholesale
customers. This subsection does not apply to raw water services that
are unnecessary or otherwise subject to interruption or curtailment
during emergencies under a contract.
(e) The affected utility may use the template in Appendix
G1 of §290.47 of this title (relating to Appendices) to assist
in preparation of the plan.
(f) An emergency generator used as part of an approved
emergency preparedness plan must be inspected, operated, and maintained
according to the manufacturer's specifications and the requirements
listed in §290.46(m)(8) of this title (relating to Minimum Acceptable
Operating Practices for Public Drinking Water Systems).
(g) The executive director may grant a waiver of the
requirements of this section to an affected utility if the executive
director determines that compliance with this section will cause a
significant financial burden on customers of the affected utility.
The affected utility shall submit financial, managerial, and technical
information as requested by the executive director to demonstrate
the financial burden.
(h) An affected utility may adopt and is encouraged
to enforce limitations on water use while the utility is providing
emergency operations.
(i) Information provided by an affected utility under
this section is confidential and is not subject to disclosure under
Texas Government Code, Chapter 552.
(j) Affected utilities, established after December
31, 2022, must have emergency preparedness plans approved and implemented
prior to providing water to customers.
(k) If an affected utility fails to provide a minimum
of 20 psi, or a water pressure approved by the commission, throughout
the distribution system during emergency operations as soon as it
is safe and practicable following the occurrence of a natural disaster,
a revised emergency preparedness plan shall be submitted for review
and approval within 180 days of the date normal power is restored.
Based on the review of the revised emergency preparedness plan, the
executive director may require additional or alternative auxiliary
emergency facilities.
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