| 1 | 1 | | 89R5773 JXC-F |
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| 2 | 2 | | By: Patterson H.B. No. 1897 |
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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 requirements for the approval by the Public Utility |
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| 10 | 10 | | Commission of Texas of certain coastal facilities for the provision |
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| 11 | 11 | | of electric service. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subchapter B, Chapter 37, Utilities Code, is |
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| 14 | 14 | | amended by adding Section 37.0561 to read as follows: |
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| 15 | 15 | | Sec. 37.0561. COASTAL WIND POWER FACILITY. (a) In this |
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| 16 | 16 | | section, "wind power facility" includes: |
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| 17 | 17 | | (1) a wind turbine generator; and |
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| 18 | 18 | | (2) a facility or equipment used to support the |
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| 19 | 19 | | operation of a wind turbine generator, including an electrical |
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| 20 | 20 | | transmission or communications line, an electric transformer, a |
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| 21 | 21 | | battery storage facility, an energy storage facility, or |
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| 22 | 22 | | telecommunications equipment. |
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| 23 | 23 | | (b) In addition to any applicable requirements of Section |
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| 24 | 24 | | 33.2053(b), Natural Resources Code, the commission shall comply |
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| 25 | 25 | | with the requirements of this section when considering an |
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| 26 | 26 | | application for a certificate of convenience and necessity related |
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| 27 | 27 | | to installing or operating: |
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| 28 | 28 | | (1) a wind power facility located in the area in the |
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| 29 | 29 | | Gulf of Mexico seaward of the coast that is within three marine |
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| 30 | 30 | | leagues of the coast, as set under Section 11.0111, Natural |
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| 31 | 31 | | Resources Code; or |
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| 32 | 32 | | (2) a transmission or distribution facility that |
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| 33 | 33 | | directly interconnects to a wind power facility located in the area |
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| 34 | 34 | | in the Gulf of Mexico seaward of the coast that is within three |
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| 35 | 35 | | marine leagues of the coast, as set under Section 11.0111, Natural |
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| 36 | 36 | | Resources Code. |
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| 37 | 37 | | (c) The commission may not grant a certificate described by |
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| 38 | 38 | | Subsection (b) if the commission finds that: |
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| 39 | 39 | | (1) the wind power facility or interconnected |
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| 40 | 40 | | transmission facility: |
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| 41 | 41 | | (A) may negatively affect established industries |
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| 42 | 42 | | or community values based on established industries, including: |
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| 43 | 43 | | (i) shipping routes; |
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| 44 | 44 | | (ii) general tourism; or |
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| 45 | 45 | | (iii) recreational and commercial fishing; |
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| 46 | 46 | | (B) may negatively affect the environment, such |
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| 47 | 47 | | as by negatively affecting the general welfare of wildlife or |
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| 48 | 48 | | disrupting migratory patterns; or |
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| 49 | 49 | | (C) may create risks for the safety of coastal |
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| 50 | 50 | | residents, industries, or wildlife due to the facility's location |
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| 51 | 51 | | in an area historically susceptible to natural disasters; or |
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| 52 | 52 | | (2) the public convenience and necessity does not |
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| 53 | 53 | | require and will not require the installation or operation of the |
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| 54 | 54 | | facility because electricity service is adequate in the areas that |
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| 55 | 55 | | would be served by the facility. |
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| 56 | 56 | | SECTION 2. This Act applies only to an application for a |
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| 57 | 57 | | certificate of convenience and necessity for which the Public |
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| 58 | 58 | | Utility Commission of Texas has not issued a final order before the |
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| 59 | 59 | | effective date of this Act. |
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| 60 | 60 | | SECTION 3. This Act takes effect September 1, 2025. |
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