| 1 | 1 | | 87R11008 SGM-D |
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| 2 | 2 | | By: Spiller H.B. No. 4007 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to siting requirements for the construction of a wind |
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| 8 | 8 | | turbine. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Title 6, Utilities Code, is amended by adding |
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| 11 | 11 | | Chapter 302 to read as follows: |
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| 12 | 12 | | CHAPTER 302. WIND TURBINE SITING |
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| 13 | 13 | | Sec. 302.0001. SITING. (a) A person may not construct at a |
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| 14 | 14 | | site a wind turbine for electric generation unless the site |
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| 15 | 15 | | complies with the minimum setback requirements provided by this |
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| 16 | 16 | | section. |
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| 17 | 17 | | (b) The minimum setback for a wind turbine is the greater |
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| 18 | 18 | | of: |
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| 19 | 19 | | (1) a distance equal to 10 times the maximum blade tip |
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| 20 | 20 | | height of the proposed turbine, measured from the closest structure |
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| 21 | 21 | | on each property that borders the property on which the site is |
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| 22 | 22 | | located; or |
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| 23 | 23 | | (2) 5,280 feet, measured from the property line of |
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| 24 | 24 | | each property that borders the property on which the site is |
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| 25 | 25 | | located. |
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| 26 | 26 | | (c) The setback distances described by Subsection (b) must |
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| 27 | 27 | | be measured as a straight line from the vertical centerline of the |
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| 28 | 28 | | proposed wind turbine to the nearest point on the permanent |
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| 29 | 29 | | foundation of a structure or the nearest point on the property line, |
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| 30 | 30 | | as applicable. |
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| 31 | 31 | | (d) This section does not create an offense. |
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| 32 | 32 | | Sec. 302.0002. SITING WAIVER. (a) A person may begin |
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| 33 | 33 | | construction of a wind turbine at a site that does not comply with |
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| 34 | 34 | | the requirements of Section 302.0001 if the person obtains a |
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| 35 | 35 | | signed, written waiver from the owner of the property that is the |
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| 36 | 36 | | source of the noncompliance. |
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| 37 | 37 | | (b) A waiver may not be made effective for a period of more |
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| 38 | 38 | | than one year after the date the owner signs the waiver. A waiver |
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| 39 | 39 | | may be retroactive for any period of time. |
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| 40 | 40 | | Sec. 302.0003. INJUNCTION. (a) A county or district court |
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| 41 | 41 | | by injunction may prevent, restrain, abate, or otherwise remedy a |
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| 42 | 42 | | violation of this chapter. |
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| 43 | 43 | | (b) Except as provided by Subsection (c), a person affected |
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| 44 | 44 | | or who may be affected by a violation or threatened violation of |
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| 45 | 45 | | this chapter may bring suit under Subsection (a). |
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| 46 | 46 | | (c) A person may not bring suit under Subsection (a) if the |
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| 47 | 47 | | sole alleged violation relates to a structure on an adjacent |
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| 48 | 48 | | property as described by Section 302.0001(b)(1) that was |
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| 49 | 49 | | constructed less than one year before the date the wind turbine |
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| 50 | 50 | | construction is proposed to begin. |
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| 51 | 51 | | SECTION 2. Chapter 302, Utilities Code, as added by this |
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| 52 | 52 | | Act, applies only to a wind turbine the construction of which begins |
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| 53 | 53 | | on or after the effective date of this Act. Construction of a wind |
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| 54 | 54 | | turbine that began before the effective date of this Act is governed |
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| 55 | 55 | | by the law as it existed immediately before the effective date of |
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| 56 | 56 | | this Act, and the former law is continued in effect for that |
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| 57 | 57 | | purpose. |
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| 58 | 58 | | SECTION 3. This Act takes effect September 1, 2021. |
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