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 | |
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| 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. | ||
