| 1 | 1 | | 89R7874 ANG-D |
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| 2 | 2 | | By: Patterson H.B. No. 1895 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the operation or expansion of a wind-powered generation |
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| 10 | 10 | | facility. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter A, Chapter 35, Utilities Code, is |
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| 13 | 13 | | amended by adding Section 35.0024 to read as follows: |
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| 14 | 14 | | Sec. 35.0024. WIND-POWERED GENERATION FACILITY |
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| 15 | 15 | | DETERMINATION. (a) Before an electric cooperative, electric |
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| 16 | 16 | | utility, municipally owned utility, power generation company, or |
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| 17 | 17 | | other person required by commission rule to register with the |
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| 18 | 18 | | commission before generating electricity may begin operation of or |
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| 19 | 19 | | expand a wind-powered generation facility, the cooperative, |
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| 20 | 20 | | utility, company, or person must submit documentation to the |
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| 21 | 21 | | commission establishing that: |
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| 22 | 22 | | (1) the Federal Aviation Administration has |
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| 23 | 23 | | determined the facility will not be a hazard to air navigation; and |
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| 24 | 24 | | (2) the Military Aviation and Installation Assurance |
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| 25 | 25 | | Siting Clearinghouse, or its successor agency, has determined that: |
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| 26 | 26 | | (A) the facility will not have an adverse impact |
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| 27 | 27 | | on military operations or readiness; or |
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| 28 | 28 | | (B) a mitigation agreement has been executed to |
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| 29 | 29 | | overcome an adverse impact on military operations or readiness. |
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| 30 | 30 | | (b) The commission may impose an administrative penalty |
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| 31 | 31 | | under Section 15.023 on an electric cooperative or municipally |
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| 32 | 32 | | owned utility that violates Subsection (a). |
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| 33 | 33 | | SECTION 2. Section 35.0024, Utilities Code, as added by |
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| 34 | 34 | | this Act, applies only to a wind-powered generation facility |
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| 35 | 35 | | installed on or after the effective date of this Act. A |
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| 36 | 36 | | wind-powered generation facility installed before the effective |
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| 37 | 37 | | date of this Act is governed by the law as it existed immediately |
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| 38 | 38 | | before that date, and the law is continued in effect for that |
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| 39 | 39 | | purpose. |
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| 40 | 40 | | SECTION 3. This Act takes effect September 1, 2025. |
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