Texas 2023 - 88th Regular

Texas House Bill HB4573 Compare Versions

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1	1	By: Goldman H.B. No. 4573
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the issuance of a permit by the commissioner of the
7	7	General Land Office for a wind power facility on coastal public
8	8	land; authorizing a fee; providing a civil penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 33, Natural Resources Code, is amended
11	11	by adding Subchapter J to read as follows:
12	12	SUBCHAPTER J. COASTAL WIND POWER FACILITY PERMIT
13	13	Sec. 33.801. DEFINITIONS. In this subchapter:
14	14	(1) "Permittee" means the holder of a permit issued
15	15	under this subchapter.
16	16	(2) "Wind power facility" includes:
17	17	(A) a wind turbine generator; and
18	18	(B) a facility or equipment used to support the
19	19	operation of a wind turbine generator, including an electrical
20	20	transmission or communications line, an electric transformer, a
21	21	battery storage facility, an energy storage facility, or
22	22	telecommunications equipment.
23	23	Sec. 33.802. PERMIT REQUIRED. (a) A person may not install
24	24	or operate a wind power facility on coastal public land unless the
25	25	person obtains a permit from the commissioner under this
26	26	subchapter.
27	27	(b) The commissioner by rule shall:
28	28	(1) in collaboration with the Texas Department of
29	29	Insurance and the Public Utility Commission of Texas, require that
30	30	a permittee construct and maintain the permitted wind power
31	31	facility to withstand:
32	32	(A) a storm that would cause a flood in any area
33	33	that is:
34	34	(i) located less than 40 miles from the
35	35	location of the proposed wind power facility; and
36	36	(ii) subject to inundation by a flood that
37	37	has a 0.1 percent or greater chance of occurring in any given year,
38	38	as determined from maps or other data from the Federal Emergency
39	39	Management Agency; and
40	40	(B) a Category 5 hurricane on the Saffir-Simpson
41	41	Hurricane Wind Scale;
42	42	(2) prohibit a permittee from constructing or
43	43	maintaining the permitted wind power facility in a manner that uses
44	44	cables to secure the facility to coastal public land;
45	45	(3) prohibit a permittee from connecting the permitted
46	46	wind power facility to a transmission line that provides
47	47	electricity to a location outside the ERCOT power region;
48	48	(4) in collaboration with the Public Utility
49	49	Commission of Texas, require the permittee to submit to the
50	50	commissioner regular maintenance evaluations of the permitted wind
51	51	power facility; and
52	52	(5) require that a permittee guarantee that the
53	53	facility carries sufficient thermal nonintermittent base load
54	54	backup generation to ensure that the facility is generating power
55	55	at 100 percent of installed capacity.
56	56	(c) If a wind power facility permitted under this subchapter
57	57	generates less than the installed capacity as required under
58	58	Subsection (b)(5), the Public Utility Commission of Texas shall
59	59	levy a per kilowatt hour intermittency penalty, which shall be the
60	60	equivalent of the federal per kilowatt hour subsidy or tax credit
61	61	for wind power described in Section 33.808.
62	62	(d) The Texas Department of Insurance and the Public Utility
63	63	Commission of Texas may adopt rules as needed to implement this
64	64	subchapter.
65	65	Sec. 33.803. APPLICATION FOR PERMIT. (a) An application
66	66	for a permit under this subchapter must be made on a form prescribed
67	67	by the commissioner.
68	68	(b) An application for a permit under this subchapter must
69	69	include:
70	70	(1) a study on the potential environmental impacts of
71	71	the proposed wind power facility on migratory birds, oceanic life,
72	72	and soil and water in this state;
73	73	(2) based on the study required by Subdivision (1):
74	74	(A) an analysis created by the Texas Commission
75	75	on Environmental Quality of potential negative impacts of the wind
76	76	power facility on this state and, if any, recommendations for
77	77	mitigation of those impacts;
78	78	(B) an analysis created by the Parks and Wildlife
79	79	Department of potential negative impacts of the wind power facility
80	80	on this state and, if any, recommendations for mitigation of those
81	81	impacts; and
82	82	(C) an analysis created by the Public Utility
83	83	Commission of Texas of potential negative impacts of the wind power
84	84	facility on this state and, if any, recommendations for mitigation
85	85	of those impacts;
86	86	(3) a study on the potential economic impacts of the
87	87	proposed wind power facility on commercial and recreational
88	88	fishing, water tourism, the workforce, and ports in this state;
89	89	(4) based on the study required by Subdivision (3):
90	90	(A) an analysis created by the Texas Commission
91	91	on Environmental Quality of potential negative impacts of the wind
92	92	power facility on this state and, if any, recommendations for
93	93	mitigation of those impacts;
94	94	(B) an analysis created by the Parks and Wildlife
95	95	Department of potential negative impacts of the wind power facility
96	96	on this state and, if any, recommendations for mitigation of those
97	97	impacts; and
98	98	(C) an analysis created by the comptroller of
99	99	public accounts of potential negative impacts of the wind power
100	100	facility on this state and, if any, recommendations for mitigation
101	101	of those impacts;
102	102	(5) a study on the potential impacts of the proposed
103	103	wind power facility on navigation and shipping lanes in this state;
104	104	(6) based on the study required by Subdivision (5), an
105	105	analysis created by the Texas Department of Transportation of
106	106	potential negative impacts of the wind power facility on this state
107	107	and, if any, recommendations for mitigation of those impacts;
108	108	(7) a study on the potential impacts of the proposed
109	109	wind power facility on infrastructure in this state associated with
110	110	oil and gas pipelines, offshore production of oil and natural gas,
111	111	roads, and bridges;
112	112	(8) based on the study required by Subdivision (7):
113	113	(A) an analysis created by the Texas Department
114	114	of Transportation of potential negative impacts of the wind power
115	115	facility on this state and, if any, recommendations for mitigation
116	116	of those impacts; and
117	117	(B) an analysis created by the Railroad
118	118	Commission of Texas of potential negative impacts of the wind power
119	119	facility on this state and, if any, recommendations for mitigation
120	120	of those impacts;
121	121	(9) an estimate of the electrical energy anticipated
122	122	to be produced by the proposed wind power facility and provided to
123	123	this state;
124	124	(10) a copy of each notice provided by the applicant
125	125	under Section 33.805; and
126	126	(11) any additional information required by the
127	127	commissioner.
128	128	(c) The commissioner by rule shall adopt a process for an
129	129	applicant to request the state agency analyses required by
130	130	Subsection (b). A state agency named in Subsection (b) shall
131	131	provide a requested analysis to the requestor in a reasonable time.
132	132	Sec. 33.804. PERMIT APPROVAL CONDITIONS. (a) The
133	133	commissioner may not approve an application for a permit under this
134	134	subchapter unless the commissioner determines that the application
135	135	complies with Sections 33.802 and 33.803.
136	136	(b) Before approving an application for a permit under this
137	137	subchapter, the commissioner must require the applicant to mitigate
138	138	or plan to mitigate any negative impacts of the proposed wind power
139	139	facility on this state based on the recommendations issued by state
140	140	agencies under Section 33.803.
141	141	(c) The commissioner shall deny a permit application if the
142	142	commissioner determines, based on the application, that any
143	143	negative impacts of the proposed wind power facility on this state
144	144	cannot be mitigated.
145	145	Sec. 33.805. NOTICE TO STATE AND LOCAL OFFICIALS;
146	146	OBJECTION. (a) A person intending to apply for a permit under this
147	147	subchapter shall mail notice of intent to obtain the permit to:
148	148	(1) the governor and the attorney general;
149	149	(2) each state senator and representative who
150	150	represents an area located less than 40 miles from the location of
151	151	the proposed wind power facility;
152	152	(3) the mayor of each municipality located less than
153	153	40 miles from the location of the proposed wind power facility;
154	154	(4) the commissioners court of each county located
155	155	less than 40 miles from the location of the proposed wind power
156	156	facility; and
157	157	(5) the board of each port authority or navigation
158	158	district located less than 40 miles from the location of the
159	159	proposed wind power facility.
160	160	(b) A person who receives notice under Subsection (a) may
161	161	submit a letter to the commissioner and the applicant notifying the
162	162	commissioner and the applicant that the person objects to the
163	163	approval of the permit. The letter must be submitted to the
164	164	commissioner and the applicant not later than the 30th day after the
165	165	date the person receives the notice.
166	166	(c) If the commissioner determines that an objection
167	167	received under Subsection (b) is based on a reasonable potential
168	168	negative impact of the proposed wind power facility to this state,
169	169	the commissioner may not grant the permit unless the applicant
170	170	mitigates or plans to mitigate the potential negative impact.
171	171	Sec. 33.806. AUTHORITY OF COMMISSIONER. (a) The
172	172	commissioner:
173	173	(1) as a condition of issuing a permit, may impose an
174	174	application fee to recover the costs of administering this
175	175	subchapter;
176	176	(2) may require a permittee to provide to the
177	177	commissioner copies of maps, plats, reports, data, and any other
178	178	information in the possession of the permittee that relates to a
179	179	permit; and
180	180	(3) may make any rules relating to permits or
181	181	permittees the commissioner considers appropriate.
182	182	(b) If a permittee violates a rule of the commissioner or a
183	183	term of a permit, the commissioner may cancel the permit.
184	184	(c) If the commissioner acquires information under
185	185	Subsection (a), the commissioner shall consider the information to
186	186	be confidential and may not disclose it, except by authority of a
187	187	court order, to the public or any other agency of this state.
188	188	Sec. 33.807. UNPERMITTED WIND POWER FACILITIES. A state
189	189	agency or political subdivision may not:
190	190	(1) approve a permit related to a wind power facility
191	191	for which a permit is required under this subchapter unless the
192	192	commissioner has issued the permit under this subchapter; or
193	193	(2) unless required by federal law, contract with or
194	194	in any other manner provide assistance to a federal agency or
195	195	official with respect to the construction of a wind power facility
196	196	for which a permit is required under this subchapter unless the
197	197	commissioner has issued the permit.
198	198	Sec. 33.808. MARKET DISTORTION RESPONSE. (a) The Public
199	199	Utility Commission of Texas and the ERCOT independent system
200	200	operator shall adopt rules, operating procedures, and protocols to
201	201	eliminate or compensate for any distortion in electricity pricing
202	202	in the ERCOT power region caused by a federal tax credit provided
203	203	under 26 U.S.C. Section 45 to a permittee.
204	204	(b) Rules, operating procedures, and protocols adopted
205	205	under this section must ensure that costs imposed on the system by
206	206	the sale of electricity by a permittee that is eligible for a
207	207	federal tax credit provided under 26 U.S.C. Section 45, including
208	208	costs of maintaining sufficient capacity to serve load at peak
209	209	demand caused by the loss of new investment from below-market
210	210	prices, are paid by the parties that impose the costs.
211	211	Sec. 33.809. ENFORCEMENT. (a) If a person violates or is
212	212	threatening to violate this subchapter, a rule adopted under this
213	213	subchapter, or a permit issued under this subchapter, the
214	214	commissioner may have a civil suit brought in a district court for
215	215	injunctive relief, for assessment and recovery of a civil penalty
216	216	of $10,000 for each act of violation, or for both injunctive relief
217	217	and a civil penalty. Each day of a continuing violation is a
218	218	separate violation.
219	219	(b) The attorney general shall bring a suit under this
220	220	subchapter in the name of the commissioner.
221	221	(c) In addition to the relief authorized under Subsection
222	222	(a), the court may award reasonable attorney's fees, which must be
223	223	used to reimburse the operating fund or account from which the
224	224	expenditure occurred.
225	225	SECTION 2. This Act takes effect September 1, 2023.