Bill Text: TX SB497 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Comm_Sub.html
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-Comm_Sub.html
82R22646 JXC-F | ||
By: Jackson, et al. | S.B. No. 497 | |
(Pickett) | ||
Substitute the following for S.B. No. 497: No. |
|
||
|
||
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. | ||
(d) The commission may establish an expedited process to | ||
allow a person who provides written notice to the commission of a | ||
construction or expansion project under this section to alter the | ||
notice to reflect a change in the information required to be | ||
included in the notice. | ||
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. FEDERAL AVIATION ADMINISTRATION DETERMINATION | ||
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 copy of a | ||
Determination of No Hazard to Air Navigation issued by the Federal | ||
Aviation Administration under 14 C.F.R. Part 77 for the proposed | ||
construction or expansion. | ||
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 copy of the determination | ||
required by Section 44.151 in a manner determined by the | ||
commission. | ||
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. As soon as practicable after the effective date | ||
of this Act and 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. |