82R22646 JXC-F
By: Jackson, et al. S.B. No. 497
(Pickett)
Substitute the following for S.B. No. 497: No.
A BILL TO BE ENTITLED
AN ACT
relating to the construction or expansion of a wind-powered
electric generation facility located near a federally owned or
operated radar installation or military installation; providing an
administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 2, Utilities Code, is amended
by adding Chapter 44 to read as follows:
CHAPTER 44. CERTAIN WIND-POWERED ELECTRIC GENERATION FACILITIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 44.001. APPLICABILITY OF CHAPTER. This chapter
applies to the construction or expansion of a wind-powered electric
generation facility if:
(1) the construction or expansion includes a
meteorological tower or a structure that will extend 200 feet or
higher above ground level; 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 44.052.
[Sections 44.002-44.050 reserved for expansion]
SUBCHAPTER B. REQUEST FOR NOTIFICATION
Sec. 44.051. 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. 44.052. 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 44.051.
(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. 44.053. PROCEDURES RELATING TO LIST. The commission
may establish procedures 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 44.052, including procedures relating to the information
an installation must provide to the commission.
[Sections 44.054-44.100 reserved for expansion]
SUBCHAPTER C. NOTIFICATION OF CONSTRUCTION OR EXPANSION
Sec. 44.101. 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 not later than the 120th day
before the date the construction or expansion begins.
(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 44.052 and whose
boundaries are within 25 miles of any part of the planned
construction or expansion.
(c) The commission may 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.
(d) The commission may establish an expedited process to
allow a person who provides written notice to the commission of a
construction or expansion project under this section to alter the
notice to reflect a change in the information required to be
included in the notice.
Sec. 44.102. 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 44.101,
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 44.052 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;
(6) the State Energy Conservation Office;
(7) the General Land Office; and
(8) the Energy Siting Clearinghouse of the United
States Department of Defense.
Sec. 44.103. ELECTRONIC REPORTING TO COMMISSION;
ELECTRONIC TRANSMISSION OF INFORMATION BY COMMISSION. (a) The
commission shall encourage the use of electronic submission through
the Internet, to the extent practicable, for submitting the notice
required by Section 44.101. The commission may adjust fees
assessed under this chapter as necessary to encourage electronic
submission. An electronic report must be submitted in a format
prescribed by the commission.
(b) The commission may transmit electronically the notice
required by Section 44.102.
[Sections 44.104-44.150 reserved for expansion]
SUBCHAPTER D. FEDERAL AVIATION ADMINISTRATION DETERMINATION
Sec. 44.151. FEDERAL AVIATION ADMINISTRATION
DETERMINATION. A person may not begin construction or expansion of
a wind-powered electric generation facility to which this chapter
applies until the person files with the commission a copy of a
Determination of No Hazard to Air Navigation issued by the Federal
Aviation Administration under 14 C.F.R. Part 77 for the proposed
construction or expansion.
Sec. 44.152. EXCEPTION IN CASE OF EMERGENCY. (a) Section
44.151 does not apply to the emergency construction or expansion of
a wind-powered electric generation facility to which this chapter
applies that is prompted by an emergency involving essential public
services, public health, or public safety.
(b) A person who begins emergency construction or expansion
under Subsection (a) shall file the copy of the determination
required by Section 44.151 in a manner determined by the
commission.
Sec. 44.153. ADMINISTRATIVE PENALTY. The commission may
implement penalties and other enforcement actions under Chapter 15
against a person who does not comply with this subchapter or a rule
or order adopted under this subchapter.
Sec. 44.154. RULES. The commission may adopt rules and
conduct proceedings necessary to administer and enforce this
subchapter.
[Sections 44.155-44.200 reserved for expansion]
SUBCHAPTER E. PROCEDURES AND DELEGATION
Sec. 44.201. CONSULTATION CONCERNING PROCEDURES. The
commission shall consult with the office of the governor, the Texas
Military Preparedness Commission, the office of the comptroller of
public accounts, the State Energy Conservation Office, and the
General Land Office in developing and amending procedures to
implement and administer this chapter.
Sec. 44.202. DELEGATION. (a) For an area in the Electric
Reliability Council of Texas power region, the commission may
delegate a duty assigned to the commission under this chapter to an
independent organization certified under Section 39.151.
(b) For an area in this state outside the Electric
Reliability Council of Texas power region, the commission may
delegate a duty assigned to the commission under this chapter to an
appropriate electric utility that provides electric service to a
wind-powered electric generation facility or to the area in which
construction of a wind-powered electric generation facility is
planned.
SECTION 2. As soon as practicable after the effective date
of this Act and not later than January 1, 2012, the Public Utility
Commission of Texas shall adopt procedures necessary to implement
Chapter 44, 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.