2011S0540-1 03/01/11
By: Hinojosa S.B. No. 1053
A BILL TO BE ENTITLED
AN ACT
relating to notice of and issuance of a permit for the construction
or expansion of a wind-powered electric generation facility located
near a federally owned or operated radar installation or military
installation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 5, Utilities Code, is amended by adding
Chapter 252 to read as follows:
CHAPTER 252. CONSTRUCTION OR EXPANSION OF CERTAIN WIND-POWERED
ELECTRIC GENERATION FACILITIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 252.001. DEFINITION. In this chapter, "commission"
means the Texas Commission on Environmental Quality.
Sec. 252.002. APPLICABILITY OF CHAPTER. This chapter
applies only to construction or expansion of any part of a
wind-powered electric generation facility within 25 miles of the
boundaries of a federally owned or operated radar installation or
military installation.
Sec. 252.003. CONSULTATION CONCERNING RULES. The
commission shall consult with the office of the governor, the Texas
Military Preparedness Commission, the office of the comptroller of
public accounts, and the State Energy Conservation Office in
developing and amending rules to implement and administer this
chapter.
[Sections 252.004-252.050 reserved for expansion]
SUBCHAPTER B. REQUEST FOR NOTIFICATION
Sec. 252.051. REQUEST FOR NOTIFICATION. A federally owned
or operated radar installation or military installation may request
that the commission notify the installation of a planned
construction or expansion project if any part of the construction
or expansion will occur within 25 miles of the boundaries of the
installation.
Sec. 252.052. NOTIFICATION LIST. (a) The commission shall
create and maintain a list of federally owned or operated radar
installations and military installations that have requested
notification from the commission under Section 252.051.
(b) The commission shall publish the notification list
required by this section on its Internet website and provide a copy
of the list to each person who requests a copy.
Sec. 252.053. RULES RELATING TO LIST. The commission may
adopt rules as necessary to enable federally owned or operated
radar installations and military installations to request
notification and to be included on the notification list required
by Section 252.052, including rules relating to the information an
installation must provide to the commission.
[Sections 252.054-252.100 reserved for expansion]
SUBCHAPTER C. NOTIFICATION OF CONSTRUCTION OR EXPANSION
Sec. 252.101. NOTIFICATION OF PROPOSED CONSTRUCTION TO
COMMISSION. (a) A person who intends to begin a construction or
expansion project to which this chapter applies shall provide
written notice to the commission of the planned construction or
expansion. The commission by rule shall set a deadline by which the
notification required by this section must be provided.
(b) The notice required under Subsection (a) must include:
(1) the name of the person planning the construction
or expansion;
(2) the location of the planned construction or
expansion;
(3) a detailed description of any construction or
expansion that will extend 200 feet or higher above ground level,
including the final proposed height of that construction or
expansion; and
(4) the name and location of each federally owned or
operated radar installation or military installation whose
boundaries are within 25 miles of any part of the planned
construction or expansion and whether the installation is included
on the notification list described by Section 252.052.
Sec. 252.102. NOTIFICATION OF PROPOSED CONSTRUCTION BY
COMMISSION. Not later than the 25th day after the date the
commission receives notice of a proposed construction or expansion
project under Section 252.101, the commission shall provide a copy
of the notice to:
(1) any federally owned or operated radar installation
or military installation that the commission determines is included
on the notification list described by Section 252.052 and that has
boundaries within 25 miles of the proposed project;
(2) each county or municipality that the commission
determines has boundaries within 25 miles of a federally owned or
operated radar installation or military installation described by
Subdivision (1);
(3) the office of the governor;
(4) the Texas Military Preparedness Commission;
(5) the office of the comptroller of public accounts;
and
(6) the State Energy Conservation Office.
Sec. 252.103. EXPIRATION OF SUBCHAPTER. This subchapter
expires April 1, 2012.
[Sections 252.104-252.150 reserved for expansion]
SUBCHAPTER D. PERMIT FOR CONSTRUCTION OR EXPANSION
Sec. 252.151. PERMIT OR PERMIT AMENDMENT REQUIRED. Before
work is begun on the construction of a new wind-powered electric
generation facility to which this chapter applies or the expansion
of an existing facility to which this chapter applies, the person
planning the construction or expansion must obtain a permit or
permit amendment from the commission.
Sec. 252.152. APPLICATION. (a) To obtain a permit or
permit amendment described by Section 252.151, 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. 252.153. 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) At the time an application is administratively
complete, the commission shall provide a copy of the application
to:
(1) any federally owned or operated radar installation
or military installation that the commission determines is included
on the notification list described by Section 252.052 and that has
boundaries within 25 miles of the proposed project;
(2) each county or municipality that the commission
determines has boundaries within 25 miles of a federally owned or
operated radar installation or military installation described by
Subdivision (1);
(3) the office of the governor;
(4) the Texas Military Preparedness Commission;
(5) the office of the comptroller of public accounts;
and
(6) the State Energy Conservation Office.
(c) The commission shall provide notice of a public meeting
held under this chapter to:
(1) the entities listed in Subsection (b); and
(2) a municipality or county that the commission
determines could be affected by the permit application.
(d) After the office of the comptroller of public accounts
receives notice under Subsection (b) of an application, the
comptroller shall prepare an economic impact analysis of the
proposed construction or expansion and submit the analysis to the
commission.
Sec. 252.154. ISSUANCE OF PERMIT OR PERMIT AMENDMENT.
(a) The commission may not issue a permit or permit amendment for
construction or expansion of a wind-powered electric generation
facility to which this chapter applies if the commission determines
that the construction or expansion will unreasonably interfere with
the activities of a federally owned or operated radar installation
or military installation whose boundaries are within 25 miles of
any part of the planned construction or expansion.
(b) If the commission determines that the commission is not
prohibited under Subsection (a) from issuing a permit or permit
amendment, the commission shall consider the following factors in
deciding whether to issue the permit or permit amendment:
(1) the mission of any federally owned or operated
radar installation or military installation that the commission
determines has boundaries within 25 miles of the proposed
construction or expansion;
(2) the economic impact of the proposed construction
or expansion on affected municipalities and counties and on this
state, using the analysis submitted by the comptroller under
Section 252.153(d); and
(3) any other information the commission determines is
relevant.
(c) The commission shall adopt rules for making the
determination under this section.
Sec. 252.155. FEES. The commission shall charge a fee in an
amount provided by commission rule to a person who applies for a
permit or permit amendment for a construction or expansion project.
The amount of the fee may not exceed an amount reasonably necessary
to recover the cost of administering this chapter.
Sec. 252.156. APPLICABILITY OF OTHER LAW. Subchapter M,
Chapter 5, Water Code, does not apply to a permit issued under this
chapter.
SECTION 2. (a) Except as provided by Subsection (b) of
this section, this Act applies only to a wind-powered electric
generation facility for which construction or expansion begins on
or after the effective date of this Act. A facility for which
construction or expansion began before the effective date of this
Act is governed by the law in effect on the date the construction or
expansion began, and that law is continued in effect for that
purpose.
(b) Subchapter D, Chapter 252, Utilities Code, as added by
this Act, applies only to construction or expansion of a
wind-powered electric generation facility that begins on or after
April 1, 2012. Construction or expansion of a wind-powered electric
generation facility that begins before April 1, 2012, is governed
by the law in effect before the effective date of this Act, and that
law is continued in effect for that purpose.
SECTION 3. Not later than January 1, 2012, the Texas
Commission on Environmental Quality shall adopt rules to implement
Chapter 252, Utilities Code, as added by this Act.
SECTION 4. This Act takes effect immediately 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 immediate effect, this
Act takes effect September 1, 2011.