Relating to the operation of certain wind-powered devices near certain aviation facilities and the receipt of certain ad valorem tax incentives for property on which such devices are constructed or installed; authorizing an administrative penalty.
Impact
If enacted, HB 1443 would amend existing laws to prevent wind-powered generation facilities from being located near military aviation facilities, which could significantly impact the wind energy sector within Texas. The bill's provisions imply that any property where wind-powered devices are constructed would become ineligible for certain tax breaks if they fall within a specified distance from military installations. This restriction primarily targets developers in the renewable energy field, impacting future wind projects in Texas and potentially stifling advancements towards green energy solutions in favor of securing military operational capabilities.
Summary
House Bill 1443, known as the Fort Hood Airspace Protection Act, aims to regulate the operation of wind-powered generation facilities near military aviation facilities, particularly around Fort Hood. The bill prohibits the establishment of such facilities within 65 nautical miles of joint-use airports that are critical for military training and operations. This regulation seeks to ensure that military aircraft can operate safely and effectively without interference from wind power installations. Additionally, the bill outlines conditions related to ad valorem tax incentives that are available for properties affected by these regulations, emphasizing the need for a careful balance between renewable energy development and military readiness.
Sentiment
Sentiment around HB 1443 appears to be mixed. Supporters, including military representatives, argue that the bill is essential for safeguarding airspace necessary for training military personnel. They emphasize the critical nature of properly managing airspace to maintain military readiness and safety. On the opposing side, representatives of the wind energy industry expressed concern that such regulations could hinder clean energy initiatives and economic development in renewable sectors, arguing that existing federal and state measures already address safety concerns without the need for additional restrictions.
Contention
Notable points of contention include the balance between promoting renewable energy and protecting military operations. Critics of the bill have voiced that while protecting military training is crucial, excessive regulation on wind energy projects may infringe on broader efforts to increase reliance on sustainable energy sources. The pushback also highlights the ongoing debate concerning state versus local authority in land use and development decisions, especially regarding the siting of renewable energy projects.
Texas Constitutional Statutes Affected
Tax Code
Chapter 320. Miscellaneous Provisions
Section: New Section
Utilities Code
Chapter 39. Restructuring Of Electric Utility Industry
Relating to the applicability of the prohibition on certain ad valorem tax incentives relating to wind-powered energy devices located near a military aviation facility.
Relating to the applicability of the prohibition on certain ad valorem tax incentives relating to wind-powered energy devices located near a military aviation facility.
Relating to the eligibility of certain property for certain ad valorem tax incentives if certain renewable energy devices are installed or constructed on the property.
Relating to the eligibility of property for certain ad valorem tax incentives if a wind-powered energy device or a solar energy device has been installed or constructed on the property.
Relating to the continuation and functions of the Public Utility Commission of Texas and the Office of Public Utility Counsel, and the functions of the independent organization certified for the ERCOT power region; increasing an administrative penalty.
Relating to certain best management practices and to certain requirements for the design, construction, and operation of certain wind and solar power facilities in this state.