89R581 ANG-D
By: Patterson H.B. No. 560
A BILL TO BE ENTITLED
AN ACT
relating to light pollution mitigation for wind turbine generators.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 35, Utilities Code, is
amended by adding Section 35.0023 to read as follows:
Sec. 35.0023. WIND TURBINE LIGHT POLLUTION MITIGATION. (a)
This section applies only to an electric 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
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 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
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
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.
SECTION 2. This Act takes effect September 1, 2025.