81R12858 SMH-F
By: Geren H.B. No. 3664
A BILL TO BE ENTITLED
AN ACT
relating to a requirement of a permit or permit amendment from the
Texas Commission on Environmental Quality for the construction or
modification of an electric generating facility in the coastal zone
of this state that uses wind power.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The legislature finds that:
(1) the development of wind power in this state is
important to this state;
(2) wind-powered electric generating facilities, or
wind farms, are expensive to build, represent multimillion-dollar
investments, and necessarily have large footprints;
(3) there is not currently in this state a regulatory
or permitting structure that ensures that wind farms do not damage
the ecologically sensitive coastal zone of this state; and
(4) there is a need for this state to implement some
regulation and permitting of wind farms to protect the coastal
resources of this state and preserve property rights in this state
without unnecessarily impinging on or delaying the development of
wind power.
SECTION 2. Chapter 33, Natural Resources Code, is amended
by adding Subchapter J to read as follows:
SUBCHAPTER J. WIND-POWERED ELECTRIC GENERATING FACILITIES
Sec. 33.701. DEFINITION. In this section, "commission"
means the Texas Commission on Environmental Quality.
Sec. 33.702. APPLICABILITY. This section applies only to
an electric generating facility located or proposed to be located
in the coastal zone that uses wind power.
Sec. 33.703. PERMIT OR PERMIT AMENDMENT REQUIRED. Before
work is begun on the construction of a new facility or the
modification of an existing facility, the person planning the
construction or modification must obtain a permit or permit
amendment from the commission.
Sec. 33.704. APPLICATION. (a) To obtain a permit or permit
amendment described by Section 33.703, a person must submit an
application to the commission.
(b) An application must be on a form adopted by rule by the
commission. The form must require the applicant to provide the
information necessary to enable the commission to determine whether
to issue the permit or permit amendment.
Sec. 33.705. PROCEDURES FOR ACTING ON APPLICATIONS. (a)
The commission shall adopt rules providing for notice, the
submission of public comments, and an opportunity for a public
hearing on an application.
(b) An owner of land adjacent to a facility or proposed
facility or a nonprofit organization formed with the goal of
protection or enjoyment of natural resources, including a fishing,
conservation, bird-watching, or similar organization, is presumed
to have a justiciable interest sufficient to confer standing to
participate in a public hearing on an application.
Sec. 33.706. ISSUANCE OF PERMIT OR PERMIT AMENDMENT. (a)
The commission may issue a permit or permit amendment for a facility
or proposed facility only if the commission determines that the
facility or proposed facility will not present an unacceptable risk
to the resources of the coastal zone or unreasonably interfere with
the rights of property owners in the vicinity of the facility or
proposed facility.
(b) In making a determination under this section, the
commission shall consider whether the location of the facility or
proposed facility is consistent with the goals and policies of the
management program.
(c) The commission shall adopt rules for making
determinations under this section. Rules adopted under this
section must provide for the consideration and protection of:
(1) officially designated wildlife areas;
(2) officially designated wildlife preserves;
(3) threatened or endangered species or designated
critical habitats;
(4) districts, sites, buildings, structures, or
objects significant in American or Texas history, architecture,
archaeology, engineering, or culture that are listed, or are
eligible for listing, in the National Register of Historic Places;
(5) Indian religious sites;
(6) floodplain, hurricane, or tornado zones;
(7) wetlands, native vegetation, and surface water and
groundwater flow;
(8) adjacent property owners; and
(9) migratory wildlife and migration corridors.
Sec. 33.707. CONSULTATION WITH PARKS AND WILDLIFE
DEPARTMENT. The commission shall consult with the Parks and
Wildlife Department in adopting rules under this subchapter.
SECTION 3. Section 33.2053(f), Natural Resources Code, is
amended to read as follows:
(f) The Texas [Natural Resource Conservation] Commission on
Environmental Quality shall comply with Sections 33.205(a) and (b)
when issuing or approving:
(1) a wastewater discharge permit;
(2) a permit for a new concentrated animal feeding
operation located one mile or less from a critical area or coastal
waters;
(3) a permit for solid or hazardous waste treatment,
storage, or disposal;
(4) creation of a special purpose district or approval
of bonds for the purpose of construction of infrastructure on
coastal barriers;
(5) levee improvement or flood control projects;
(6) a certification of a federal permit for the
discharge of dredge or fill material;
(7) a declaration of an emergency and request for an
emergency release of water;
(8) a new permit for an annual appropriation of:
(A) 5,000 or more acre-feet of water within the
program boundary; or
(B) 10,000 or more acre-feet of water outside the
program boundary but within 200 stream miles of the coast;
(9) an amendment to a water permit for an increase in
an annual appropriation of:
(A) 5,000 or more acre-feet of water within the
program boundary; or
(B) 10,000 or more acre-feet of water outside the
program boundary but within 200 stream miles of the coast; [or]
(10) a change in the purpose of use of an annual
appropriation of water to a more consumptive use of:
(A) 5,000 or more acre-feet of water within the
program boundary; or
(B) 10,000 or more acre-feet of water outside the
program boundary but within 200 stream miles of the coast; or
(11) a permit or permit amendment for an electric
generating facility that uses wind power.
SECTION 4. This Act applies only to an electric generating
facility that uses wind power for which construction or
modification begins on or after the effective date of this Act. A
facility for which construction or modification began before the
effective date of this Act is governed by the law in effect on the
date the construction or modification began, and that law is
continued in effect for that purpose.
SECTION 5. This Act takes effect June 1, 2009, if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for effect on that
date, this Act takes effect September 1, 2009.