88R2515 DIO-D
By: Spiller H.B. No. 171
A BILL TO BE ENTITLED
AN ACT
relating to location requirements for the construction of certain
wind-powered energy devices.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Title 6, Utilities Code, is
amended to read as follows:
TITLE 6. PRIVATELY ENFORCEABLE RENEWABLE GENERATION PROVISIONS
[PRIVATE POWER AGREEMENTS]
SECTION 2. Title 6, Utilities Code, is amended by adding
Chapter 303 to read as follows:
CHAPTER 303. WIND TURBINE GENERATOR SITING
Sec. 303.0101. SITING. (a) A person may not construct at a
site a wind turbine generator unless the site complies with the
minimum setback requirements provided by this section.
(b) The minimum setback for a wind turbine generator is
3,000 feet measured from the property line of each property that
borders the property on which the site is located.
(c) The setback distance described by Subsection (b) must be
measured as a straight line from the vertical centerline of the
proposed wind turbine generator to the nearest point on the
property line.
(d) This section does not create an offense.
Sec. 303.0102. SITING WAIVER. (a) A person may begin
construction of a wind turbine generator at a site that does not
comply with the requirements of Section 303.0101 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. 303.0103. INJUNCTION. (a) A county or district court
by injunction may prevent, restrain, abate, or otherwise remedy a
violation of this chapter.
(b) A person affected or who may be affected by a violation
or threatened violation of this chapter may bring suit under
Subsection (a).
SECTION 3. Chapter 240, Local Government Code, is amended
by adding Subchapter F to read as follows:
SUBCHAPTER F. WIND-POWERED ENERGY DEVICES
Sec. 240.101. DEFINITIONS. In this subchapter:
(1) "Air navigation facility" and "airport" have the
meanings assigned by Section 22.001, Transportation Code.
(2) "Wind-powered energy device" means an apparatus
designed or adapted to:
(A) convert the energy available in the wind into
thermal, mechanical, or electrical energy;
(B) store the energy converted under Paragraph
(A), either in the form to which originally converted or another
form; or
(C) distribute the energy converted under
Paragraph (A).
Sec. 240.102. DESIGNATION OF CONSTRUCTION AREAS. (a) The
commissioners court of a county in which an air navigation facility
or airport is located by order may, in collaboration with the owner
or operator of the facility or airport:
(1) designate one or more appropriate locations for a
person to install a wind-powered energy device in the
unincorporated area of the county in accordance with this section;
and
(2) prohibit the installation of a wind-powered energy
device in the county in an area other than a designated area.
(b) An order under Subsection (a) may not apply to a
wind-powered energy device installed before the effective date of
the order.
(c) Areas designated by a county under Subsection (a) must
maintain compatibility with the activities of the air navigation
facility or airport.
SECTION 4. Chapter 303, Utilities Code, as added by this
Act, applies only to a wind turbine generator the construction of
which begins on or after the effective date of this Act.
Construction of a wind turbine generator 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 5. This Act takes effect September 1, 2023.