89R5773 JXC-F
By: Patterson H.B. No. 1897
A BILL TO BE ENTITLED
AN ACT
relating to requirements for the approval by the Public Utility
Commission of Texas of certain coastal facilities for the provision
of electric service.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 37, Utilities Code, is
amended by adding Section 37.0561 to read as follows:
Sec. 37.0561. COASTAL WIND POWER FACILITY. (a) In this
section, "wind power facility" includes:
(1) a wind turbine generator; and
(2) a facility or equipment used to support the
operation of a wind turbine generator, including an electrical
transmission or communications line, an electric transformer, a
battery storage facility, an energy storage facility, or
telecommunications equipment.
(b) In addition to any applicable requirements of Section
33.2053(b), Natural Resources Code, the commission shall comply
with the requirements of this section when considering an
application for a certificate of convenience and necessity related
to installing or operating:
(1) a wind power facility located in the area in the
Gulf of Mexico seaward of the coast that is within three marine
leagues of the coast, as set under Section 11.0111, Natural
Resources Code; or
(2) a transmission or distribution facility that
directly interconnects to a wind power facility located in the area
in the Gulf of Mexico seaward of the coast that is within three
marine leagues of the coast, as set under Section 11.0111, Natural
Resources Code.
(c) The commission may not grant a certificate described by
Subsection (b) if the commission finds that:
(1) the wind power facility or interconnected
transmission facility:
(A) may negatively affect established industries
or community values based on established industries, including:
(i) shipping routes;
(ii) general tourism; or
(iii) recreational and commercial fishing;
(B) may negatively affect the environment, such
as by negatively affecting the general welfare of wildlife or
disrupting migratory patterns; or
(C) may create risks for the safety of coastal
residents, industries, or wildlife due to the facility's location
in an area historically susceptible to natural disasters; or
(2) the public convenience and necessity does not
require and will not require the installation or operation of the
facility because electricity service is adequate in the areas that
would be served by the facility.
SECTION 2. This Act applies only to an application for a
certificate of convenience and necessity for which the Public
Utility Commission of Texas has not issued a final order before the
effective date of this Act.
SECTION 3. This Act takes effect September 1, 2025.