Texas 2019 - 86th Regular

Texas Senate Bill SB1372 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R10203 JXC-F
2	2	By: Campbell S.B. No. 1372
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requirements for maintaining and decommissioning
8	8	certain wind-powered generation facilities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 37, Utilities Code, is amended by adding
11	11	Subchapter E to read as follows:
12	12	SUBCHAPTER E. WIND-POWERED GENERATION FACILITIES
13	13	Sec. 37.201. DEFINITION. "Wind-powered generation
14	14	facility" means an electric generation facility consisting of one
15	15	or more wind turbines and associated substations, meteorological
16	16	data towers, electric transmission lines, transformers, control
17	17	systems, and other buildings or facilities used to support the
18	18	operation of the turbines.
19	19	Sec. 37.202. WIND GENERATION DECOMMISSIONING FUND. (a)
20	20	The wind generation decommissioning fund is created as an account
21	21	in the general revenue fund of the state treasury.
22	22	(b) Money in the wind generation decommissioning fund may be
23	23	used only by the commission or its employees or agents for the
24	24	purposes of this subchapter.
25	25	Sec. 37.203. MAINTENANCE AND DECOMMISSIONING OF WIND
26	26	GENERATION FACILITIES. The commission by rule shall require a
27	27	person who is issued a certificate that includes a wind-powered
28	28	generation facility, or an amendment of a certificate that includes
29	29	a wind-powered generation facility, to maintain and decommission
30	30	the wind-powered generation facility in a manner that protects the
31	31	environment and the interests of the owner of the property on which
32	32	the facility is located.
33	33	Sec. 37.204. BONDS; LETTERS OF CREDIT; CASH DEPOSITS. (a)
34	34	The commission shall require a person who is issued a certificate
35	35	that includes a wind-powered generation facility, or an amendment
36	36	of a certificate that includes a wind-powered generation facility,
37	37	to maintain on file with the commission, in an amount determined by
38	38	the commission sufficient for decommissioning the facility:
39	39	(1) an individual bond;
40	40	(2) a blanket bond; or
41	41	(3) a letter of credit or cash deposit.
42	42	(b) Each bond must be conditioned that the person will
43	43	maintain and decommission the wind-powered generation facility in a
44	44	manner that protects the environment and the interests of the owner
45	45	of the property on which the facility is located.
46	46	(c) Each bond must be executed by a corporate surety
47	47	authorized to do business in this state and must be renewed and
48	48	continued in effect until the conditions of Subsection (b) have
49	49	been met or release is authorized by the commission.
50	50	Sec. 37.205. DEPOSIT AND USE OF MONEY. (a) Subject to
51	51	Subsection (b), if applicable, the commission shall provide for the
52	52	proceeds from bonds, letters of credit, and cash deposits required
53	53	under Section 37.204 that are paid to the state to be deposited to
54	54	the credit of the wind generation decommissioning fund.
55	55	(b) The commission shall refund the proceeds from a bond,
56	56	letter of credit, or cash deposit required under this subchapter
57	57	if:
58	58	(1) the conditions that caused the proceeds to be
59	59	collected are corrected or no longer exist;
60	60	(2) all penalties relating to those conditions are
61	61	paid; and
62	62	(3) the commission has been reimbursed for all costs
63	63	and expenses incurred by the commission in relation to those
64	64	conditions.
65	65	Sec. 37.206. INVESTIGATION, ASSESSMENT, OR DECOMMISSIONING
66	66	BY COMMISSION. (a) The commission may use money in the wind
67	67	generation decommissioning fund to conduct a site investigation or
68	68	environmental assessment of a wind-powered generation facility for
69	69	which a certificate has been issued.
70	70	(b) The commission may use money in the wind generation
71	71	decommissioning fund to decommission a wind-powered generation
72	72	facility for which a certificate was issued if:
73	73	(1) the certificate holder has failed or refused to
74	74	decommission the wind-powered generation facility after notice and
75	75	opportunity for hearing; or
76	76	(2) the certificate holder cannot be found or has no
77	77	assets with which to decommission the wind-powered generation
78	78	facility.
79	79	(c) The commission and its employees are not liable for any
80	80	damages arising from an act or omission if the act or omission is
81	81	part of a good faith effort to carry out this section.
82	82	(d) The conducting of a site investigation, environmental
83	83	assessment, or decommissioning activities by the commission under
84	84	this section does not prevent the commission from seeking penalties
85	85	or other relief provided by law from any person who is required by
86	86	law, rules adopted by the commission, or a valid order of the
87	87	commission to decommission a wind-powered generation facility.
88	88	(e) If the commission decommissions a wind-powered
89	89	generation facility under this section, the commission may recover
90	90	all costs incurred by the commission from any person who was
91	91	required by law, rules adopted by the commission, or a valid order
92	92	of the commission to decommission the wind-powered generation
93	93	facility. The commission by order may require the person to
94	94	reimburse the commission for those costs or may request the
95	95	attorney general to file suit against the person to recover those
96	96	costs. At the request of the commission, the attorney general may
97	97	file suit to enforce an order issued by the commission under this
98	98	subsection. A suit under this subsection may be filed in any court
99	99	of competent jurisdiction in Travis County. The commission shall
100	100	provide for costs recovered under this subsection to be deposited
101	101	to the credit of the wind generation decommissioning fund.
102	102	SECTION 2. This Act takes effect September 1, 2019.