82R4899 JXC-D
By: Jackson S.B. No. 497
A BILL TO BE ENTITLED
AN ACT
relating to notice of 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. NOTIFICATION OF 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 to the construction or expansion of a wind-powered electric
generation facility if:
(1) the construction or expansion is estimated to cost
at least $10,000; and
(2) any part of the construction or expansion will
occur within 25 miles of the boundaries of a federally owned or
operated radar installation or military installation included on
the notification list described by Section 252.052.
[Sections 252.003-252.050 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 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 included on
the notification list described by Section 252.052 and whose
boundaries are within 25 miles of any part of the planned
construction or expansion.
(c) The commission shall charge a fee in an amount provided
by commission rule to a person who provides written notice of a
construction or expansion project to the commission under this
section. The amount of the fee may not exceed an amount reasonably
necessary to recover the cost of administering this chapter.
Sec. 252.102. NOTIFICATION 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.
[Sections 252.103-252.150 reserved for expansion]
SUBCHAPTER D. RULES
Sec. 252.151. 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.
SECTION 2. Not later than January 1, 2012, the Texas
Commission on Environmental Quality shall adopt rules and
procedures necessary to implement Chapter 252, Utilities Code, as
added by this Act.
SECTION 3. This Act applies only to construction or
expansion of a wind-powered electric generation facility that
begins on or after the effective date of this Act. Construction or
expansion of a wind-powered electric generation facility that 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.
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.