Texas 2025 - 89th Regular

Texas House Bill HB560 Compare Versions

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11 89R581 ANG-D
22 By: Patterson H.B. No. 560
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to light pollution mitigation for wind turbine generators.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Subchapter A, Chapter 35, Utilities Code, is
1212 amended by adding Section 35.0023 to read as follows:
1313 Sec. 35.0023. WIND TURBINE LIGHT POLLUTION MITIGATION. (a)
1414 This section applies only to an electric utility, power generation
1515 company, or exempt wholesale generator that:
1616 (1) is required by the Federal Aviation Administration
1717 to use aviation obstruction lighting; and
1818 (2) sells at wholesale electric energy produced by a
1919 wind turbine generator.
2020 (b) The commission by rule shall require an electric
2121 utility, power generation company, or exempt wholesale generator to
2222 apply to the Federal Aviation Administration, or another applicable
2323 federal entity, for authorization to install and operate technology
2424 to mitigate light pollution from the wind turbine generator using a
2525 light mitigation technology system.
2626 (c) The rules adopted under Subsection (b) must require an
2727 electric utility, power generation company, or exempt wholesale
2828 generator that:
2929 (1) installs a wind turbine generator on or after
3030 December 31, 2026, to:
3131 (A) submit an application for approval of light
3232 mitigation technology to the Federal Aviation Administration not
3333 later than 180 days before the commercial operations date for the
3434 wind turbine generator;
3535 (B) install light mitigation technology on all
3636 wind turbine generators not later than 18 months after receiving
3737 approval of the technology from the Federal Aviation
3838 Administration; and
3939 (C) if installation of the light mitigation
4040 technology is delayed due to forces outside of the control of the
4141 utility, company, or generator, make a quarterly report to the
4242 commission detailing the reasons for the delay; or
4343 (2) installs a wind turbine generator before December
4444 31, 2026, to:
4545 (A) on repowering or not later than the 180th day
4646 after the execution of a newly signed long-term power purchase
4747 agreement, submit an application for approval of light mitigation
4848 technology to the Federal Aviation Administration;
4949 (B) install light mitigation technology on all
5050 wind turbine generators not later than 18 months after receiving
5151 approval of the technology from the Federal Aviation
5252 Administration; and
5353 (C) if installation of the light mitigation
5454 technology is delayed due to forces outside of the control of the
5555 utility, company, or generator, make a quarterly report to the
5656 commission detailing the reasons for the delay.
5757 (d) Subsection (c) applies only to a wind turbine generator
5858 with a commercial operations date that occurs after December 31,
5959 2008.
6060 (e) Notwithstanding Section 15.023(b), the total amount of
6161 an administrative penalty assessed for a violation continuing or
6262 occurring on separate days under this section may not exceed $1
6363 million.
6464 SECTION 2. This Act takes effect September 1, 2025.