89R12258 ANG-D
By: Patterson H.B. No. 3244
A BILL TO BE ENTITLED
AN ACT
relating to the location of and light pollution mitigation for wind
turbine generators; authorizing an administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 35, Utilities Code, is
amended by adding Sections 35.0023 and 35.0024 to read as follows:
Sec. 35.0023. WIND TURBINE LIGHT POLLUTION MITIGATION. (a)
This section applies only to an electric cooperative, electric
utility, municipally owned utility, power generation company, or
exempt wholesale generator that:
(1) is required by the Federal Aviation Administration
to use aviation obstruction lighting; and
(2) sells at wholesale electric energy produced by a
wind turbine generator.
(b) The commission by rule shall require an electric
cooperative, electric utility, municipally owned utility, power
generation company, or exempt wholesale generator to apply to the
Federal Aviation Administration, or another applicable federal
entity, for authorization to install and operate technology to
mitigate light pollution from the wind turbine generator using a
light mitigation technology system.
(c) The rules adopted under Subsection (b) must require an
electric cooperative, electric utility, municipally owned utility,
power generation company, or exempt wholesale generator that:
(1) installs a wind turbine generator on or after
December 31, 2026, to:
(A) submit an application for approval of light
mitigation technology to the Federal Aviation Administration not
later than 180 days before the commercial operations date for the
wind turbine generator;
(B) install light mitigation technology on all
wind turbine generators not later than 18 months after receiving
approval of the technology from the Federal Aviation
Administration; and
(C) if installation of the light mitigation
technology is delayed due to forces outside of the control of the
cooperative, utility, company, or generator, make a quarterly
report to the commission detailing the reasons for the delay; or
(2) installs a wind turbine generator before December
31, 2026, to:
(A) on repowering or not later than the 180th day
after the execution of a newly signed long-term power purchase
agreement, submit an application for approval of light mitigation
technology to the Federal Aviation Administration;
(B) install light mitigation technology on all
wind turbine generators not later than 18 months after receiving
approval of the technology from the Federal Aviation
Administration; and
(C) if installation of the light mitigation
technology is delayed due to forces outside of the control of the
cooperative, utility, company, or generator, make a quarterly
report to the commission detailing the reasons for the delay.
(d) Subsection (c) applies only to a wind turbine generator
with a commercial operations date that occurs after December 31,
2008.
(e) Notwithstanding Section 15.023(b), the total amount of
an administrative penalty assessed for a violation continuing or
occurring on separate days under this section may not exceed $1
million.
Sec. 35.0024. WIND TURBINE 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 turbine 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 turbine generation facility
installed on or after the effective date of this Act. A 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.