1 | 1 | | 89R581 ANG-D |
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2 | 2 | | By: Patterson H.B. No. 560 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to light pollution mitigation for wind turbine generators. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Subchapter A, Chapter 35, Utilities Code, is |
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12 | 12 | | amended by adding Section 35.0023 to read as follows: |
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13 | 13 | | Sec. 35.0023. WIND TURBINE LIGHT POLLUTION MITIGATION. (a) |
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14 | 14 | | This section applies only to an electric utility, power generation |
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15 | 15 | | company, or exempt wholesale generator that: |
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16 | 16 | | (1) is required by the Federal Aviation Administration |
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17 | 17 | | to use aviation obstruction lighting; and |
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18 | 18 | | (2) sells at wholesale electric energy produced by a |
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19 | 19 | | wind turbine generator. |
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20 | 20 | | (b) The commission by rule shall require an electric |
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21 | 21 | | utility, power generation company, or exempt wholesale generator to |
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22 | 22 | | apply to the Federal Aviation Administration, or another applicable |
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23 | 23 | | federal entity, for authorization to install and operate technology |
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24 | 24 | | to mitigate light pollution from the wind turbine generator using a |
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25 | 25 | | light mitigation technology system. |
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26 | 26 | | (c) The rules adopted under Subsection (b) must require an |
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27 | 27 | | electric utility, power generation company, or exempt wholesale |
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28 | 28 | | generator that: |
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29 | 29 | | (1) installs a wind turbine generator on or after |
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30 | 30 | | December 31, 2026, to: |
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31 | 31 | | (A) submit an application for approval of light |
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32 | 32 | | mitigation technology to the Federal Aviation Administration not |
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33 | 33 | | later than 180 days before the commercial operations date for the |
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34 | 34 | | wind turbine generator; |
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35 | 35 | | (B) install light mitigation technology on all |
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36 | 36 | | wind turbine generators not later than 18 months after receiving |
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37 | 37 | | approval of the technology from the Federal Aviation |
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38 | 38 | | Administration; and |
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39 | 39 | | (C) if installation of the light mitigation |
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40 | 40 | | technology is delayed due to forces outside of the control of the |
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41 | 41 | | utility, company, or generator, make a quarterly report to the |
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42 | 42 | | commission detailing the reasons for the delay; or |
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43 | 43 | | (2) installs a wind turbine generator before December |
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44 | 44 | | 31, 2026, to: |
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45 | 45 | | (A) on repowering or not later than the 180th day |
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46 | 46 | | after the execution of a newly signed long-term power purchase |
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47 | 47 | | agreement, submit an application for approval of light mitigation |
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48 | 48 | | technology to the Federal Aviation Administration; |
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49 | 49 | | (B) install light mitigation technology on all |
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50 | 50 | | wind turbine generators not later than 18 months after receiving |
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51 | 51 | | approval of the technology from the Federal Aviation |
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52 | 52 | | Administration; and |
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53 | 53 | | (C) if installation of the light mitigation |
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54 | 54 | | technology is delayed due to forces outside of the control of the |
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55 | 55 | | utility, company, or generator, make a quarterly report to the |
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56 | 56 | | commission detailing the reasons for the delay. |
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57 | 57 | | (d) Subsection (c) applies only to a wind turbine generator |
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58 | 58 | | with a commercial operations date that occurs after December 31, |
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59 | 59 | | 2008. |
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60 | 60 | | (e) Notwithstanding Section 15.023(b), the total amount of |
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61 | 61 | | an administrative penalty assessed for a violation continuing or |
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62 | 62 | | occurring on separate days under this section may not exceed $1 |
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63 | 63 | | million. |
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64 | 64 | | SECTION 2. This Act takes effect September 1, 2025. |
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