The bill, H.B. No. 3535, mandates that operators of certain wastewater treatment facilities, specifically package plants with a capacity of less than 500,000 gallons per day, develop and implement emergency preparedness plans to ensure continued operations during extended power outages. The new Section 26.054 of the Water Code outlines definitions related to emergency operations, including what constitutes an "extended power outage" and the responsibilities of package plant operators. These operators must ensure emergency operations are initiated promptly after a natural disaster, submit their emergency preparedness plans for approval to the Texas Commission on Environmental Quality (TCEQ), and include provisions for maintaining wastewater treatment services during emergencies.

The bill also requires the TCEQ to adopt rules for implementing these requirements and to provide support to operators in meeting compliance deadlines. Operators must submit their plans by May 1, 2026, and implement them by September 1, 2026, or upon TCEQ approval. Additionally, the bill emphasizes the confidentiality of information provided by operators and mandates coordination between the TCEQ and the Public Utility Commission of Texas. The act is set to take effect on September 1, 2025.

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