86R10203 JXC-F
By: Campbell S.B. No. 1372
A BILL TO BE ENTITLED
AN ACT
relating to requirements for maintaining and decommissioning
certain wind-powered generation facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 37, Utilities Code, is amended by adding
Subchapter E to read as follows:
SUBCHAPTER E. WIND-POWERED GENERATION FACILITIES
Sec. 37.201. DEFINITION. "Wind-powered generation
facility" means an electric generation facility consisting of one
or more wind turbines and associated substations, meteorological
data towers, electric transmission lines, transformers, control
systems, and other buildings or facilities used to support the
operation of the turbines.
Sec. 37.202. WIND GENERATION DECOMMISSIONING FUND. (a)
The wind generation decommissioning fund is created as an account
in the general revenue fund of the state treasury.
(b) Money in the wind generation decommissioning fund may be
used only by the commission or its employees or agents for the
purposes of this subchapter.
Sec. 37.203. MAINTENANCE AND DECOMMISSIONING OF WIND
GENERATION FACILITIES. The commission by rule shall require a
person who is issued a certificate that includes a wind-powered
generation facility, or an amendment of a certificate that includes
a wind-powered generation facility, to maintain and decommission
the wind-powered generation facility in a manner that protects the
environment and the interests of the owner of the property on which
the facility is located.
Sec. 37.204. BONDS; LETTERS OF CREDIT; CASH DEPOSITS. (a)
The commission shall require a person who is issued a certificate
that includes a wind-powered generation facility, or an amendment
of a certificate that includes a wind-powered generation facility,
to maintain on file with the commission, in an amount determined by
the commission sufficient for decommissioning the facility:
(1) an individual bond;
(2) a blanket bond; or
(3) a letter of credit or cash deposit.
(b) Each bond must be conditioned that the person will
maintain and decommission the wind-powered generation facility in a
manner that protects the environment and the interests of the owner
of the property on which the facility is located.
(c) Each bond must be executed by a corporate surety
authorized to do business in this state and must be renewed and
continued in effect until the conditions of Subsection (b) have
been met or release is authorized by the commission.
Sec. 37.205. DEPOSIT AND USE OF MONEY. (a) Subject to
Subsection (b), if applicable, the commission shall provide for the
proceeds from bonds, letters of credit, and cash deposits required
under Section 37.204 that are paid to the state to be deposited to
the credit of the wind generation decommissioning fund.
(b) The commission shall refund the proceeds from a bond,
letter of credit, or cash deposit required under this subchapter
if:
(1) the conditions that caused the proceeds to be
collected are corrected or no longer exist;
(2) all penalties relating to those conditions are
paid; and
(3) the commission has been reimbursed for all costs
and expenses incurred by the commission in relation to those
conditions.
Sec. 37.206. INVESTIGATION, ASSESSMENT, OR DECOMMISSIONING
BY COMMISSION. (a) The commission may use money in the wind
generation decommissioning fund to conduct a site investigation or
environmental assessment of a wind-powered generation facility for
which a certificate has been issued.
(b) The commission may use money in the wind generation
decommissioning fund to decommission a wind-powered generation
facility for which a certificate was issued if:
(1) the certificate holder has failed or refused to
decommission the wind-powered generation facility after notice and
opportunity for hearing; or
(2) the certificate holder cannot be found or has no
assets with which to decommission the wind-powered generation
facility.
(c) The commission and its employees are not liable for any
damages arising from an act or omission if the act or omission is
part of a good faith effort to carry out this section.
(d) The conducting of a site investigation, environmental
assessment, or decommissioning activities by the commission under
this section does not prevent the commission from seeking penalties
or other relief provided by law from any person who is required by
law, rules adopted by the commission, or a valid order of the
commission to decommission a wind-powered generation facility.
(e) If the commission decommissions a wind-powered
generation facility under this section, the commission may recover
all costs incurred by the commission from any person who was
required by law, rules adopted by the commission, or a valid order
of the commission to decommission the wind-powered generation
facility. The commission by order may require the person to
reimburse the commission for those costs or may request the
attorney general to file suit against the person to recover those
costs. At the request of the commission, the attorney general may
file suit to enforce an order issued by the commission under this
subsection. A suit under this subsection may be filed in any court
of competent jurisdiction in Travis County. The commission shall
provide for costs recovered under this subsection to be deposited
to the credit of the wind generation decommissioning fund.
SECTION 2. This Act takes effect September 1, 2019.