Texas 2023 - 88th Regular

Texas Senate Bill SB1303 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Middleton, CreightonKolkhorst
2	2	KolkhorstS.B. No. 1303S.B. No. 1303
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the issuance of a permit by the commissioner of the
8	8	General Land Office for a wind power facility on coastal public
9	9	land; authorizing a fee; providing a civil penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 33, Natural Resources Code, is amended
12	12	by adding Subchapter J to read as follows:
13	13	SUBCHAPTER J. COASTAL WIND POWER FACILITY PERMIT
14	14	Sec. 33.801. DEFINITIONS. In this subchapter:
15	15	(1) "Permittee" means the holder of a permit issued
16	16	under this subchapter.
17	17	(2) "Wind power facility" includes:
18	18	(A) a wind turbine generator; and
19	19	(B) a facility or equipment used to support the
20	20	operation of a wind turbine generator, including an electrical
21	21	transmission or communications line, an electric transformer, a
22	22	battery storage facility, an energy storage facility, or
23	23	telecommunications equipment.
24	24	Sec. 33.802. PERMIT REQUIRED. (a) A person may not install
25	25	or operate a wind power facility on coastal public land unless the
26	26	person obtains a permit from the commissioner under this
27	27	subchapter.
28	28	(b) The commissioner by rule shall:
29	29	(1) in collaboration with the Texas Department of
30	30	Insurance and the Public Utility Commission of Texas, require that
31	31	a permittee construct and maintain the permitted wind power
32	32	facility to withstand:
33	33	(A) a storm that would cause a flood in any area
34	34	that is:
35	35	(i) located less than 40 miles from the
36	36	location of the proposed wind power facility; and
37	37	(ii) subject to inundation by a flood that
38	38	has a 0.1 percent or greater chance of occurring in any given year,
39	39	as determined from maps or other data from the Federal Emergency
40	40	Management Agency; and
41	41	(B) a Category 5 hurricane on the Saffir-Simpson
42	42	Hurricane Wind Scale;
43	43	(2) prohibit a permittee from constructing or
44	44	maintaining the permitted wind power facility in a manner that uses
45	45	cables to secure the facility to coastal public land;
46	46	(3) prohibit a permittee from connecting the permitted
47	47	wind power facility to a transmission line that provides
48	48	electricity to a location outside the ERCOT power region;
49	49	(4) in collaboration with the Public Utility
50	50	Commission of Texas, require the permittee to submit to the
51	51	commissioner regular maintenance evaluations of the permitted wind
52	52	power facility; and
53	53	(5) require that a permittee guarantee that the
54	54	facility carries sufficient thermal nonintermittent base load
55	55	backup generation to ensure that the facility is generating power
56	56	at 100 percent of installed capacity.
57	57	(c) If a wind power facility permitted under this subchapter
58	58	generates less than the installed capacity as required under
59	59	Subsection (b)(5), the Public Utility Commission of Texas shall
60	60	levy a per kilowatt hour intermittency penalty, which shall be the
61	61	equivalent of the federal per kilowatt hour subsidy or tax credit
62	62	for wind power described in Section 33.808.
63	63	(d) The Texas Department of Insurance and the Public Utility
64	64	Commission of Texas may adopt rules as needed to implement this
65	65	subchapter.
66	66	Sec. 33.803. APPLICATION FOR PERMIT. (a) An application
67	67	for a permit under this subchapter must be made on a form prescribed
68	68	by the commissioner.
69	69	(b) An application for a permit under this subchapter must
70	70	include:
71	71	(1) a study on the potential environmental impacts of
72	72	the proposed wind power facility on migratory birds, oceanic life,
73	73	and soil and water in this state;
74	74	(2) based on the study required by Subdivision (1):
75	75	(A) an analysis created by the Texas Commission
76	76	on Environmental Quality of potential negative impacts of the wind
77	77	power facility on this state and, if any, recommendations for
78	78	mitigation of those impacts;
79	79	(B) an analysis created by the Parks and Wildlife
80	80	Department of potential negative impacts of the wind power facility
81	81	on this state and, if any, recommendations for mitigation of those
82	82	impacts; and
83	83	(C) an analysis created by the Public Utility
84	84	Commission of Texas of potential negative impacts of the wind power
85	85	facility on this state and, if any, recommendations for mitigation
86	86	of those impacts;
87	87	(3) a study on the potential economic impacts of the
88	88	proposed wind power facility on commercial and recreational
89	89	fishing, water tourism, the workforce, and ports in this state;
90	90	(4) based on the study required by Subdivision (3):
91	91	(A) an analysis created by the Texas Commission
92	92	on Environmental Quality of potential negative impacts of the wind
93	93	power facility on this state and, if any, recommendations for
94	94	mitigation of those impacts;
95	95	(B) an analysis created by the Parks and Wildlife
96	96	Department of potential negative impacts of the wind power facility
97	97	on this state and, if any, recommendations for mitigation of those
98	98	impacts; and
99	99	(C) an analysis created by the comptroller of
100	100	public accounts of potential negative impacts of the wind power
101	101	facility on this state and, if any, recommendations for mitigation
102	102	of those impacts;
103	103	(5) a study on the potential impacts of the proposed
104	104	wind power facility on navigation and shipping lanes in this state;
105	105	(6) based on the study required by Subdivision (5), an
106	106	analysis created by the Texas Department of Transportation of
107	107	potential negative impacts of the wind power facility on this state
108	108	and, if any, recommendations for mitigation of those impacts;
109	109	(7) a study on the potential impacts of the proposed
110	110	wind power facility on infrastructure in this state associated with
111	111	oil and gas pipelines, offshore production of oil and natural gas,
112	112	roads, and bridges;
113	113	(8) based on the study required by Subdivision (7):
114	114	(A) an analysis created by the Texas Department
115	115	of Transportation of potential negative impacts of the wind power
116	116	facility on this state and, if any, recommendations for mitigation
117	117	of those impacts; and
118	118	(B) an analysis created by the Railroad
119	119	Commission of Texas of potential negative impacts of the wind power
120	120	facility on this state and, if any, recommendations for mitigation
121	121	of those impacts;
122	122	(9) an estimate of the electrical energy anticipated
123	123	to be produced by the proposed wind power facility and provided to
124	124	this state;
125	125	(10) a copy of each notice provided by the applicant
126	126	under Section 33.805; and
127	127	(11) any additional information required by the
128	128	commissioner.
129	129	(c) The commissioner by rule shall adopt a process for an
130	130	applicant to request the state agency analyses required by
131	131	Subsection (b). A state agency named in Subsection (b) shall
132	132	provide a requested analysis to the requestor in a reasonable time.
133	133	Sec. 33.804. PERMIT APPROVAL CONDITIONS. (a) The
134	134	commissioner may not approve an application for a permit under this
135	135	subchapter unless the commissioner determines that the application
136	136	complies with Sections 33.802 and 33.803.
137	137	(b) Before approving an application for a permit under this
138	138	subchapter, the commissioner must require the applicant to mitigate
139	139	or plan to mitigate any negative impacts of the proposed wind power
140	140	facility on this state based on the recommendations issued by state
141	141	agencies under Section 33.803.
142	142	(c) The commissioner shall deny a permit application if the
143	143	commissioner determines, based on the application, that any
144	144	negative impacts of the proposed wind power facility on this state
145	145	cannot be mitigated.
146	146	Sec. 33.805. NOTICE TO STATE AND LOCAL OFFICIALS;
147	147	OBJECTION. (a) A person intending to apply for a permit under this
148	148	subchapter shall mail notice of intent to obtain the permit to:
149	149	(1) the governor and the attorney general;
150	150	(2) each state senator and representative who
151	151	represents an area located less than 40 miles from the location of
152	152	the proposed wind power facility;
153	153	(3) the mayor of each municipality located less than
154	154	40 miles from the location of the proposed wind power facility;
155	155	(4) the commissioners court of each county located
156	156	less than 40 miles from the location of the proposed wind power
157	157	facility; and
158	158	(5) the board of each port authority or navigation
159	159	district located less than 40 miles from the location of the
160	160	proposed wind power facility.
161	161	(b) A person who receives notice under Subsection (a) may
162	162	submit a letter to the commissioner and the applicant notifying the
163	163	commissioner and the applicant that the person objects to the
164	164	approval of the permit. The letter must be submitted to the
165	165	commissioner and the applicant not later than the 30th day after the
166	166	date the person receives the notice.
167	167	(c) If the commissioner determines that an objection
168	168	received under Subsection (b) is based on a reasonable potential
169	169	negative impact of the proposed wind power facility to this state,
170	170	the commissioner may not grant the permit unless the applicant
171	171	mitigates or plans to mitigate the potential negative impact.
172	172	Sec. 33.806. AUTHORITY OF COMMISSIONER. (a) The
173	173	commissioner:
174	174	(1) as a condition of issuing a permit, may impose an
175	175	application fee to recover the costs of administering this
176	176	subchapter;
177	177	(2) may require a permittee to provide to the
178	178	commissioner copies of maps, plats, reports, data, and any other
179	179	information in the possession of the permittee that relates to a
180	180	permit; and
181	181	(3) may make any rules relating to permits or
182	182	permittees the commissioner considers appropriate.
183	183	(b) If a permittee violates a rule of the commissioner or a
184	184	term of a permit, the commissioner may cancel the permit.
185	185	(c) If the commissioner acquires information under
186	186	Subsection (a), the commissioner shall consider the information to
187	187	be confidential and may not disclose it, except by authority of a
188	188	court order, to the public or any other agency of this state.
189	189	Sec. 33.807. UNPERMITTED WIND POWER FACILITIES. A state
190	190	agency or political subdivision may not:
191	191	(1) approve a permit related to a wind power facility
192	192	for which a permit is required under this subchapter unless the
193	193	commissioner has issued the permit under this subchapter; or
194	194	(2) unless required by federal law, contract with or
195	195	in any other manner provide assistance to a federal agency or
196	196	official with respect to the construction of a wind power facility
197	197	for which a permit is required under this subchapter unless the
198	198	commissioner has issued the permit.
199	199	Sec. 33.808. MARKET DISTORTION RESPONSE. (a) The Public
200	200	Utility Commission of Texas and the ERCOT independent system
201	201	operator shall adopt rules, operating procedures, and protocols to
202	202	eliminate or compensate for any distortion in electricity pricing
203	203	in the ERCOT power region caused by a federal tax credit provided
204	204	under 26 U.S.C. Section 45 to a permittee.
205	205	(b) Rules, operating procedures, and protocols adopted
206	206	under this section must ensure that costs imposed on the system by
207	207	the sale of electricity by a permittee that is eligible for a
208	208	federal tax credit provided under 26 U.S.C. Section 45, including
209	209	costs of maintaining sufficient capacity to serve load at peak
210	210	demand caused by the loss of new investment from below-market
211	211	prices, are paid by the parties that impose the costs.
212	212	Sec. 33.809. ENFORCEMENT. (a) If a person violates or is
213	213	threatening to violate this subchapter, a rule adopted under this
214	214	subchapter, or a permit issued under this subchapter, the
215	215	commissioner may have a civil suit brought in a district court for
216	216	injunctive relief, for assessment and recovery of a civil penalty
217	217	of $10,000 for each act of violation, or for both injunctive relief
218	218	and a civil penalty. Each day of a continuing violation is a
219	219	separate violation.
220	220	(b) The attorney general shall bring a suit under this
221	221	subchapter in the name of the commissioner.
222	222	(c) In addition to the relief authorized under Subsection
223	223	(a), the court may award reasonable attorney's fees, which must be
224	224	used to reimburse the operating fund or account from which the
225	225	expenditure occurred.
226	226	SECTION 2. This Act takes effect September 1, 2023.