87R11008 SGM-D
By: Springer S.B. No. 1003
A BILL TO BE ENTITLED
AN ACT
relating to siting requirements for the construction of a wind
turbine.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 6, Utilities Code, is amended by adding
Chapter 302 to read as follows:
CHAPTER 302. WIND TURBINE SITING
Sec. 302.0001. SITING. (a) A person may not construct at a
site a wind turbine for electric generation unless the site
complies with the minimum setback requirements provided by this
section.
(b) The minimum setback for a wind turbine is the greater
of:
(1) a distance equal to 10 times the maximum blade tip
height of the proposed turbine, measured from the closest structure
on each property that borders the property on which the site is
located; or
(2) 5,280 feet, measured from the property line of
each property that borders the property on which the site is
located.
(c) The setback distances described by Subsection (b) must
be measured as a straight line from the vertical centerline of the
proposed wind turbine to the nearest point on the permanent
foundation of a structure or the nearest point on the property line,
as applicable.
(d) This section does not create an offense.
Sec. 302.0002. SITING WAIVER. (a) A person may begin
construction of a wind turbine at a site that does not comply with
the requirements of Section 302.0001 if the person obtains a
signed, written waiver from the owner of the property that is the
source of the noncompliance.
(b) A waiver may not be made effective for a period of more
than one year after the date the owner signs the waiver. A waiver
may be retroactive for any period of time.
Sec. 302.0003. INJUNCTION. (a) A county or district court
by injunction may prevent, restrain, abate, or otherwise remedy a
violation of this chapter.
(b) Except as provided by Subsection (c), a person affected
or who may be affected by a violation or threatened violation of
this chapter may bring suit under Subsection (a).
(c) A person may not bring suit under Subsection (a) if the
sole alleged violation relates to a structure on an adjacent
property as described by Section 302.0001(b)(1) that was
constructed less than one year before the date the wind turbine
construction is proposed to begin.
SECTION 2. Chapter 302, Utilities Code, as added by this
Act, applies only to a wind turbine the construction of which begins
on or after the effective date of this Act. Construction of a wind
turbine that began before the effective date of this Act is governed
by the law as it existed immediately before the effective date of
this Act, and the former law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2021.