Bill Text: TX HB2549 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to light pollution mitigation for wind turbine generators.
Spectrum: Moderate Partisan Bill (Republican 56-9)
Status: (Engrossed - Dead) 2023-05-19 - Left pending in committee [HB2549 Detail]
Download: Texas-2023-HB2549-Engrossed.html
| 88R23720 ANG-D | ||
| By: Rogers, Price, Spiller, King of Hemphill, | H.B. No. 2549 | |
| Patterson, et al. | ||
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| 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 35.0022 to read as follows: | ||
| Sec. 35.0022. 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 other 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, 2024, 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, 2024, 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, 2023. | ||
