Bill Text: TX HB4007 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to siting requirements for the construction of a wind turbine.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-29 - Referred to State Affairs [HB4007 Detail]
Download: Texas-2021-HB4007-Introduced.html
87R11008 SGM-D | ||
By: Spiller | H.B. No. 4007 |
|
||
|
||
relating to siting requirements for the construction of a wind | ||
turbine. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 6, Utilities Code, is amended by adding | ||
Chapter 302 to read as follows: | ||
CHAPTER 302. WIND TURBINE SITING | ||
Sec. 302.0001. SITING. (a) A person may not construct at a | ||
site a wind turbine for electric generation unless the site | ||
complies with the minimum setback requirements provided by this | ||
section. | ||
(b) The minimum setback for a wind turbine is the greater | ||
of: | ||
(1) a distance equal to 10 times the maximum blade tip | ||
height of the proposed turbine, measured from the closest structure | ||
on each property that borders the property on which the site is | ||
located; or | ||
(2) 5,280 feet, measured from the property line of | ||
each property that borders the property on which the site is | ||
located. | ||
(c) The setback distances described by Subsection (b) must | ||
be measured as a straight line from the vertical centerline of the | ||
proposed wind turbine to the nearest point on the permanent | ||
foundation of a structure or the nearest point on the property line, | ||
as applicable. | ||
(d) This section does not create an offense. | ||
Sec. 302.0002. SITING WAIVER. (a) A person may begin | ||
construction of a wind turbine at a site that does not comply with | ||
the requirements of Section 302.0001 if the person obtains a | ||
signed, written waiver from the owner of the property that is the | ||
source of the noncompliance. | ||
(b) A waiver may not be made effective for a period of more | ||
than one year after the date the owner signs the waiver. A waiver | ||
may be retroactive for any period of time. | ||
Sec. 302.0003. INJUNCTION. (a) A county or district court | ||
by injunction may prevent, restrain, abate, or otherwise remedy a | ||
violation of this chapter. | ||
(b) Except as provided by Subsection (c), a person affected | ||
or who may be affected by a violation or threatened violation of | ||
this chapter may bring suit under Subsection (a). | ||
(c) A person may not bring suit under Subsection (a) if the | ||
sole alleged violation relates to a structure on an adjacent | ||
property as described by Section 302.0001(b)(1) that was | ||
constructed less than one year before the date the wind turbine | ||
construction is proposed to begin. | ||
SECTION 2. Chapter 302, Utilities Code, as added by this | ||
Act, applies only to a wind turbine the construction of which begins | ||
on or after the effective date of this Act. Construction of a wind | ||
turbine that began before the effective date of this Act is governed | ||
by the law as it existed immediately before the effective date of | ||
this Act, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 3. This Act takes effect September 1, 2021. |