Bill Text: TX SB497 | 2011-2012 | 82nd Legislature | Engrossed


Bill Title: Relating to the construction or expansion of a wind-powered electric generation facility located near a federally owned or operated radar installation or military installation; providing an administrative penalty.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Engrossed - Dead) 2011-05-24 - Placed on General State Calendar [SB497 Detail]

Download: Texas-2011-SB497-Engrossed.html
 
 
  By: Jackson, et al. S.B. No. 497
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the construction or expansion of a wind-powered
  electric generation facility located near a federally owned or
  operated radar installation or military installation; providing an
  administrative penalty.
  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle B, Title 2, Utilities Code, is amended
  by adding Chapter 44 to read as follows:
  CHAPTER 44.  CERTAIN WIND-POWERED ELECTRIC GENERATION FACILITIES
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 44.001.  APPLICABILITY OF CHAPTER.  This chapter
  applies to the construction or expansion of a wind-powered electric
  generation facility if:
               (1)  the construction or expansion includes a
  meteorological tower or a structure that will extend 200 feet or
  higher above ground level; and
               (2)  any part of the construction or expansion will
  occur within 25 miles of the boundaries of a federally owned or
  operated radar installation or military installation included on
  the notification list described by Section 44.052.
  [Sections 44.002-44.050 reserved for expansion]
  SUBCHAPTER B.  REQUEST FOR NOTIFICATION
         Sec. 44.051.  REQUEST FOR NOTIFICATION.  A federally owned or
  operated radar installation or military installation may request
  that the commission notify the installation of a planned
  construction or expansion project if any part of the construction
  or expansion will occur within 25 miles of the boundaries of the
  installation.
         Sec. 44.052.  NOTIFICATION LIST.  (a)  The commission shall
  create and maintain a list of federally owned or operated radar
  installations and military installations that have requested
  notification from the commission under Section 44.051.
         (b)  The commission shall publish the notification list
  required by this section on its Internet website and provide a copy
  of the list to each person who requests a copy.
         Sec. 44.053.  PROCEDURES RELATING TO LIST.  The commission
  may establish procedures to enable federally owned or operated
  radar installations and military installations to request
  notification and to be included on the notification list required
  by Section 44.052, including procedures relating to the information
  an installation must provide to the commission.
  [Sections 44.054-44.100 reserved for expansion]
  SUBCHAPTER C.  NOTIFICATION OF CONSTRUCTION OR EXPANSION
         Sec. 44.101.  NOTIFICATION TO COMMISSION.  (a)  A person who
  intends to begin a construction or expansion project to which this
  chapter applies shall provide written notice to the commission of
  the planned construction or expansion not later than the 120th day
  before the date the construction or expansion begins.
         (b)  The notice required under Subsection (a) must include:
               (1)  the name of the person planning the construction
  or expansion;
               (2)  the location of the planned construction or
  expansion;
               (3)  a detailed description of any construction or
  expansion that will extend 200 feet or higher above ground level,
  including the final proposed height of that construction or
  expansion; and
               (4)  the name and location of each federally owned or
  operated radar installation or military installation included on
  the notification list described by Section 44.052 and whose
  boundaries are within 25 miles of any part of the planned
  construction or expansion.
         (c)  The commission may charge a fee in an amount provided by
  commission rule to a person who provides written notice of a
  construction or expansion project to the commission under this
  section.  The amount of the fee may not exceed an amount reasonably
  necessary to recover the cost of administering this chapter.
         Sec. 44.102.  NOTIFICATION BY COMMISSION.  Not later than
  the 25th day after the date the commission receives notice of a
  proposed construction or expansion project under Section 44.101,
  the commission shall provide a copy of the notice to:
               (1)  any federally owned or operated radar installation
  or military installation that the commission determines is included
  on the notification list described by Section 44.052 and that has
  boundaries within 25 miles of the proposed project;
               (2)  each county or municipality that the commission
  determines has boundaries within 25 miles of a federally owned or
  operated radar installation or military installation described by
  Subdivision (1);
               (3)  the office of the governor;
               (4)  the Texas Military Preparedness Commission;
               (5)  the office of the comptroller of public accounts;
               (6)  the State Energy Conservation Office;
               (7)  the General Land Office; and
               (8)  the Energy Siting Clearinghouse of the United
  States Department of Defense.
         Sec. 44.103.  ELECTRONIC REPORTING TO COMMISSION;
  ELECTRONIC TRANSMISSION OF INFORMATION BY COMMISSION.  (a)  The
  commission shall encourage the use of electronic submission through
  the Internet, to the extent practicable, for submitting the notice
  required by Section 44.101.  The commission may adjust fees
  assessed under this chapter as necessary to encourage electronic
  submission.  An electronic report must be submitted in a format
  prescribed by the commission.
         (b)  The commission may transmit electronically the notice
  required by Section 44.102.
  [Sections 44.104-44.150 reserved for expansion]
  SUBCHAPTER D.  HAZARD TO AIR NAVIGATION
         Sec. 44.151.  FEDERAL AVIATION ADMINISTRATION
  DETERMINATION. A person may not begin construction or expansion of
  a wind-powered electric generation facility to which this chapter
  applies until the person files with the commission a determination
  issued by the Federal Aviation Administration under 14 C.F.R.
  Section 77.31 regarding whether the proposed construction or
  expansion would be a hazard to air navigation.
         Sec. 44.152.  EXCEPTION IN CASE OF EMERGENCY. (a)  Section
  44.151 does not apply to the emergency construction or expansion of
  a wind-powered electric generation facility to which this chapter
  applies that is prompted by an emergency involving essential public
  services, public health, or public safety.
         (b)  A person who begins emergency construction or expansion
  under Subsection (a) shall file the determination required by
  Section 44.151 not later than the fifth day after the date the
  person begins the construction or expansion.
         Sec. 44.153.  ADMINISTRATIVE PENALTY. The commission may
  implement penalties and other enforcement actions under Chapter 15
  against a person who does not comply with this subchapter or a rule
  or order adopted under this subchapter.
         Sec. 44.154.  RULES. The commission may adopt rules and
  conduct proceedings necessary to administer and enforce this
  subchapter.
  [Sections 44.155-44.200 reserved for expansion]
  SUBCHAPTER E.  PROCEDURES AND DELEGATION
         Sec. 44.201.  CONSULTATION CONCERNING PROCEDURES.  The
  commission shall consult with the office of the governor, the Texas
  Military Preparedness Commission, the office of the comptroller of
  public accounts, the State Energy Conservation Office, and the
  General Land Office in developing and amending procedures to
  implement and administer this chapter.
         Sec. 44.202.  DELEGATION. (a)  For an area in the Electric
  Reliability Council of Texas power region, the commission may
  delegate a duty assigned to the commission under this chapter to an
  independent organization certified under Section 39.151.
         (b)  For an area in this state outside the Electric
  Reliability Council of Texas power region, the commission may
  delegate a duty assigned to the commission under this chapter to an
  appropriate electric utility that provides electric service to a
  wind-powered electric generation facility or to the area in which
  construction of a wind-powered electric generation facility is
  planned.
         SECTION 2.  Not later than January 1, 2012, the Public
  Utility Commission of Texas shall adopt procedures necessary to
  implement Chapter 44, Utilities Code, as added by this Act.
         SECTION 3.  This Act applies only to construction or
  expansion of a wind-powered electric generation facility that
  begins on or after the effective date of this Act.  Construction or
  expansion of a wind-powered electric generation facility that began
  before the effective date of this Act is governed by the law in
  effect on the date the construction or expansion began, and that law
  is continued in effect for that purpose.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.
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