Texas 2025 - 89th Regular

Texas House Bill HB3244 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R12258 ANG-D
2	2	By: Patterson H.B. No. 3244
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the location of and light pollution mitigation for wind
10	10	turbine generators; authorizing an administrative penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter A, Chapter 35, Utilities Code, is
13	13	amended by adding Sections 35.0023 and 35.0024 to read as follows:
14	14	Sec. 35.0023. WIND TURBINE LIGHT POLLUTION MITIGATION. (a)
15	15	This section applies only to an electric cooperative, electric
16	16	utility, municipally owned utility, power generation company, or
17	17	exempt wholesale generator that:
18	18	(1) is required by the Federal Aviation Administration
19	19	to use aviation obstruction lighting; and
20	20	(2) sells at wholesale electric energy produced by a
21	21	wind turbine generator.
22	22	(b) The commission by rule shall require an electric
23	23	cooperative, electric utility, municipally owned utility, power
24	24	generation company, or exempt wholesale generator to apply to the
25	25	Federal Aviation Administration, or another applicable federal
26	26	entity, for authorization to install and operate technology to
27	27	mitigate light pollution from the wind turbine generator using a
28	28	light mitigation technology system.
29	29	(c) The rules adopted under Subsection (b) must require an
30	30	electric cooperative, electric utility, municipally owned utility,
31	31	power generation company, or exempt wholesale generator that:
32	32	(1) installs a wind turbine generator on or after
33	33	December 31, 2026, to:
34	34	(A) submit an application for approval of light
35	35	mitigation technology to the Federal Aviation Administration not
36	36	later than 180 days before the commercial operations date for the
37	37	wind turbine generator;
38	38	(B) install light mitigation technology on all
39	39	wind turbine generators not later than 18 months after receiving
40	40	approval of the technology from the Federal Aviation
41	41	Administration; and
42	42	(C) if installation of the light mitigation
43	43	technology is delayed due to forces outside of the control of the
44	44	cooperative, utility, company, or generator, make a quarterly
45	45	report to the commission detailing the reasons for the delay; or
46	46	(2) installs a wind turbine generator before December
47	47	31, 2026, to:
48	48	(A) on repowering or not later than the 180th day
49	49	after the execution of a newly signed long-term power purchase
50	50	agreement, submit an application for approval of light mitigation
51	51	technology to the Federal Aviation Administration;
52	52	(B) install light mitigation technology on all
53	53	wind turbine generators not later than 18 months after receiving
54	54	approval of the technology from the Federal Aviation
55	55	Administration; and
56	56	(C) if installation of the light mitigation
57	57	technology is delayed due to forces outside of the control of the
58	58	cooperative, utility, company, or generator, make a quarterly
59	59	report to the commission detailing the reasons for the delay.
60	60	(d) Subsection (c) applies only to a wind turbine generator
61	61	with a commercial operations date that occurs after December 31,
62	62	2008.
63	63	(e) Notwithstanding Section 15.023(b), the total amount of
64	64	an administrative penalty assessed for a violation continuing or
65	65	occurring on separate days under this section may not exceed $1
66	66	million.
67	67	Sec. 35.0024. WIND TURBINE GENERATION FACILITY
68	68	DETERMINATION. (a) Before an electric cooperative, electric
69	69	utility, municipally owned utility, power generation company, or
70	70	other person required by commission rule to register with the
71	71	commission before generating electricity may begin operation of or
72	72	expand a wind turbine generation facility, the cooperative,
73	73	utility, company, or person must submit documentation to the
74	74	commission establishing that:
75	75	(1) the Federal Aviation Administration has
76	76	determined the facility will not be a hazard to air navigation; and
77	77	(2) the Military Aviation and Installation Assurance
78	78	Siting Clearinghouse, or its successor agency, has determined that:
79	79	(A) the facility will not have an adverse impact
80	80	on military operations or readiness; or
81	81	(B) a mitigation agreement has been executed to
82	82	overcome an adverse impact on military operations or readiness.
83	83	(b) The commission may impose an administrative penalty
84	84	under Section 15.023 on an electric cooperative or municipally
85	85	owned utility that violates Subsection (a).
86	86	SECTION 2. Section 35.0024, Utilities Code, as added by
87	87	this Act, applies only to a wind turbine generation facility
88	88	installed on or after the effective date of this Act. A generation
89	89	facility installed before the effective date of this Act is
90	90	governed by the law as it existed immediately before that date, and
91	91	the law is continued in effect for that purpose.
92	92	SECTION 3. This Act takes effect September 1, 2025.