| 1 | 1 | | 88R2515 DIO-D |
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| 2 | 2 | | By: Spiller H.B. No. 171 |
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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 location requirements for the construction of certain |
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| 8 | 8 | | wind-powered energy devices. |
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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. The heading to Title 6, Utilities Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | TITLE 6. PRIVATELY ENFORCEABLE RENEWABLE GENERATION PROVISIONS |
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| 13 | 13 | | [PRIVATE POWER AGREEMENTS] |
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| 14 | 14 | | SECTION 2. Title 6, Utilities Code, is amended by adding |
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| 15 | 15 | | Chapter 303 to read as follows: |
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| 16 | 16 | | CHAPTER 303. WIND TURBINE GENERATOR SITING |
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| 17 | 17 | | Sec. 303.0101. SITING. (a) A person may not construct at a |
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| 18 | 18 | | site a wind turbine generator unless the site complies with the |
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| 19 | 19 | | minimum setback requirements provided by this section. |
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| 20 | 20 | | (b) The minimum setback for a wind turbine generator is |
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| 21 | 21 | | 3,000 feet measured from the property line of each property that |
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| 22 | 22 | | borders the property on which the site is located. |
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| 23 | 23 | | (c) The setback distance described by Subsection (b) must be |
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| 24 | 24 | | measured as a straight line from the vertical centerline of the |
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| 25 | 25 | | proposed wind turbine generator to the nearest point on the |
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| 26 | 26 | | property line. |
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| 27 | 27 | | (d) This section does not create an offense. |
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| 28 | 28 | | Sec. 303.0102. SITING WAIVER. (a) A person may begin |
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| 29 | 29 | | construction of a wind turbine generator at a site that does not |
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| 30 | 30 | | comply with the requirements of Section 303.0101 if the person |
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| 31 | 31 | | obtains a signed, written waiver from the owner of the property that |
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| 32 | 32 | | is the source of the noncompliance. |
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| 33 | 33 | | (b) A waiver may not be made effective for a period of more |
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| 34 | 34 | | than one year after the date the owner signs the waiver. A waiver |
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| 35 | 35 | | may be retroactive for any period of time. |
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| 36 | 36 | | Sec. 303.0103. INJUNCTION. (a) A county or district court |
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| 37 | 37 | | by injunction may prevent, restrain, abate, or otherwise remedy a |
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| 38 | 38 | | violation of this chapter. |
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| 39 | 39 | | (b) A person affected or who may be affected by a violation |
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| 40 | 40 | | or threatened violation of this chapter may bring suit under |
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| 41 | 41 | | Subsection (a). |
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| 42 | 42 | | SECTION 3. Chapter 240, Local Government Code, is amended |
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| 43 | 43 | | by adding Subchapter F to read as follows: |
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| 44 | 44 | | SUBCHAPTER F. WIND-POWERED ENERGY DEVICES |
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| 45 | 45 | | Sec. 240.101. DEFINITIONS. In this subchapter: |
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| 46 | 46 | | (1) "Air navigation facility" and "airport" have the |
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| 47 | 47 | | meanings assigned by Section 22.001, Transportation Code. |
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| 48 | 48 | | (2) "Wind-powered energy device" means an apparatus |
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| 49 | 49 | | designed or adapted to: |
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| 50 | 50 | | (A) convert the energy available in the wind into |
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| 51 | 51 | | thermal, mechanical, or electrical energy; |
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| 52 | 52 | | (B) store the energy converted under Paragraph |
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| 53 | 53 | | (A), either in the form to which originally converted or another |
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| 54 | 54 | | form; or |
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| 55 | 55 | | (C) distribute the energy converted under |
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| 56 | 56 | | Paragraph (A). |
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| 57 | 57 | | Sec. 240.102. DESIGNATION OF CONSTRUCTION AREAS. (a) The |
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| 58 | 58 | | commissioners court of a county in which an air navigation facility |
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| 59 | 59 | | or airport is located by order may, in collaboration with the owner |
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| 60 | 60 | | or operator of the facility or airport: |
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| 61 | 61 | | (1) designate one or more appropriate locations for a |
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| 62 | 62 | | person to install a wind-powered energy device in the |
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| 63 | 63 | | unincorporated area of the county in accordance with this section; |
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| 64 | 64 | | and |
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| 65 | 65 | | (2) prohibit the installation of a wind-powered energy |
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| 66 | 66 | | device in the county in an area other than a designated area. |
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| 67 | 67 | | (b) An order under Subsection (a) may not apply to a |
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| 68 | 68 | | wind-powered energy device installed before the effective date of |
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| 69 | 69 | | the order. |
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| 70 | 70 | | (c) Areas designated by a county under Subsection (a) must |
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| 71 | 71 | | maintain compatibility with the activities of the air navigation |
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| 72 | 72 | | facility or airport. |
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| 73 | 73 | | SECTION 4. Chapter 303, Utilities Code, as added by this |
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| 74 | 74 | | Act, applies only to a wind turbine generator the construction of |
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| 75 | 75 | | which begins on or after the effective date of this Act. |
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| 76 | 76 | | Construction of a wind turbine generator that began before the |
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| 77 | 77 | | effective date of this Act is governed by the law as it existed |
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| 78 | 78 | | immediately before the effective date of this Act, and the former |
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| 79 | 79 | | law is continued in effect for that purpose. |
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| 80 | 80 | | SECTION 5. This Act takes effect September 1, 2023. |
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