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A BILL TO BE ENTITLED
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AN ACT
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relating to light pollution mitigation for wind turbine generators. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 35, Utilities Code, is |
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amended by adding Section 35.0022 to read as follows: |
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Sec. 35.0022. WIND TURBINE LIGHT POLLUTION MITIGATION. (a) |
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This section applies only to an electric utility, power generation |
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company, or exempt wholesale generator that: |
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(1) is required by the Federal Aviation Administration |
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to use aviation obstruction lighting; and |
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(2) sells at wholesale electric energy produced by a |
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wind turbine generator. |
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(b) The commission by rule shall require an electric |
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utility, power generation company, or exempt wholesale generator to |
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apply to the Federal Aviation Administration, or other applicable |
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federal entity, for authorization to install and operate technology |
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to mitigate light pollution from the wind turbine generator using a |
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light mitigation technology system. |
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(c) The rules adopted under Subsection (b) must require an |
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electric utility, power generation company, or exempt wholesale |
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generator that: |
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(1) installs a wind turbine generator on or after |
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December 31, 2024, to: |
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(A) submit an application for approval of light |
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mitigation technology to the Federal Aviation Administration not |
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later than 180 days before the commercial operations date for the |
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wind turbine generator; |
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(B) install light mitigation technology on all |
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wind turbine generators not later than 18 months after receiving |
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approval of the technology from the Federal Aviation |
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Administration; and |
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(C) if installation of the light mitigation |
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technology is delayed due to forces outside of the control of the |
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utility, company, or generator, make a quarterly report to the |
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commission detailing the reasons for the delay; or |
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(2) installs a wind turbine generator before December |
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31, 2024, to: |
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(A) on repowering or not later than the 180th day |
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after the execution of a newly signed long-term power purchase |
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agreement, submit an application for approval of light mitigation |
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technology to the Federal Aviation Administration; |
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(B) install light mitigation technology on all |
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wind turbine generators not later than 18 months after receiving |
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approval of the technology from the Federal Aviation |
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Administration; and |
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(C) if installation of the light mitigation |
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technology is delayed due to forces outside of the control of the |
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utility, company, or generator, make a quarterly report to the |
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commission detailing the reasons for the delay. |
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(d) Subsection (c) applies only to a wind turbine generator |
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with a commercial operations date that occurs after December 31, |
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2008. |
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(e) Notwithstanding Section 15.023(b), the total amount of |
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an administrative penalty assessed for a violation continuing or |
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occurring on separate days under this section may not exceed $1 |
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million. |
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SECTION 2. This Act takes effect September 1, 2023. |