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