HB 2169

This bill requires a local government utility that provides electric service to no less than 10,000 customers (" local electric system "") serving no less than the number of customers defined pursuant to rules promulgated by the Tennessee board of utility regulation ("" board "") to file with the board and publish in a publicly accessible location on the system's website an annual report. The report must include all of the following:  Systemwide electric reliability metrics .  Identification of repeat-outage circuits or geographic areas .  Restoration performance and use of mutual aid resources .  Emergency staffing and operational readiness summaries .  Information regarding major storm or weather events .  The system's consideration of protection of critical facilities and populations most impacted by prolonged outages in the system's planning. VEGETATION MANAGEMENT PLAN This bill requires a local electric system to publish in a publicly accessible location on the system's website an annual vegetation management plan no later than January 1, 2027, and each January 1 thereafter. The vegetation management plan must include (i) t rimming cycles by circuit type, ( ii ) p rioritization methodology for high-risk or outage-prone feeders, and ( iii ) i nspection and contractor oversight practices. GRID RESILIENCE PLAN No later than January 1, 2027, this bill requires a local electric system to publish in a publicly accessible location on the system's website a 10 -year grid resilience plan. The plan must be updated and republished no later than January 1 at the beginning of each 10 -year cycle to which the plan applies. The 10 -year grid resilience plan must meet all of the following criteria:  Identify grid hardening strategies, including selective undergrounding, covered conductor, automation, and other resilience measures .  Establish prioritization criteria, including repeat outages, critical infrastructure, population density, feasibility, and equity considerations .  Include mitigation strategies for areas in which repeat outages occur .  Include estimated cost ranges and anticipated funding approaches .  Require coordination with roadway, capital improvement, or infrastructure projects when feasible to reduce overall costs. However, the provisions above do not require a local electric system to conduct additional construction or make additions to system infrastructure. MAJOR OUTAGE AFTER-ACTION REPORT This bill requires a local electric system to publish in a publicly accessible location on the system's website an after-action report following a declared severe weather event or emergency involving power outages that exceed the threshold established pursuant to rule by the board. The report must address the (i) c auses of system failures, ( ii ) r estoration challenges and timelines, and ( iii ) c orrective actions or policy changes identified to improve restoration timelines and resource use for future power outages. EMERGENCY COMMUNICATIONS STANDARDS This bill requires a local electric system to maintain minimum public communication standards during declared emergencies, including severe weather events for which an executive order is issued by the governor, a mayor, or another executive officer of a local government. The standards must include all of the following:  Provision of warnings and updates regarding conditions, restoration efforts, and other information necessary for the safety of individuals residing within the local electric system's jurisdiction, not less than once every five hours during a declared emergency .  Explanation of the methodology used to estimate when restoration of services will be complete .  Designation of a liaison for coordination with local emergency management agencies. ENFORCEMENT AND CONSTRUCTION If an individual or entity reasonably believes that a local electric system has failed to comply with this bill, then this bill authorizes the individual or entity to submit a complaint to the board. If the board finds that a local electric system failed to comply with this bill, then the board must send the local electric system a notice of noncompliance indicating the report or plan that the system must publish to be in compliance with this bill . However, this bill (i) does not c reate a private cause o f action against a local electric system for failure to comply with this bill ; and ( ii ) does not a pply to or otherwise affect a federal agency or federal law or requirement. As used in such provision, a ""federal agency"" includes the United States, the president of the United States, the department of housing and urban development, the Tennessee valley authority, or any other similar agency, instrumentality, or corporation of the United States, that has been or may be created by o r pursuant to an act of the congress of the United States . If application of this bill affects or conflicts with a federal law or requirement, then the federal law or requirement controls. RULEMAKING This bill requires the board to promulgate rules to effectuate this bill in consultation with the Tennessee emergency management agency. The rules must include all of the following:  What constitutes a repeat outage area, using objective outage frequency and duration thresholds; provided, that separate thresholds may be established for different localities or regions based on population, geographic differences, and other relevant considerations .  The outage threshold after which a public after-action report is required pursuant to this bill.  Any other rules necessary to effectuate this bill."