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A BILL TO BE ENTITLED
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AN ACT
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relating to the construction or expansion of a wind-powered |
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electric generation facility located near a federally owned or |
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operated radar installation or military installation; providing an |
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administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 2, Utilities Code, is amended |
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by adding Chapter 44 to read as follows: |
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CHAPTER 44. CERTAIN WIND-POWERED ELECTRIC GENERATION FACILITIES |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 44.001. APPLICABILITY OF CHAPTER. This chapter |
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applies to the construction or expansion of a wind-powered electric |
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generation facility if: |
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(1) the construction or expansion includes a |
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meteorological tower or a structure that will extend 200 feet or |
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higher above ground level; and |
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(2) any part of the construction or expansion will |
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occur within 25 miles of the boundaries of a federally owned or |
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operated radar installation or military installation included on |
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the notification list described by Section 44.052. |
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[Sections 44.002-44.050 reserved for expansion] |
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SUBCHAPTER B. REQUEST FOR NOTIFICATION |
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Sec. 44.051. REQUEST FOR NOTIFICATION. A federally owned or |
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operated radar installation or military installation may request |
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that the commission notify the installation of a planned |
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construction or expansion project if any part of the construction |
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or expansion will occur within 25 miles of the boundaries of the |
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installation. |
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Sec. 44.052. NOTIFICATION LIST. (a) The commission shall |
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create and maintain a list of federally owned or operated radar |
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installations and military installations that have requested |
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notification from the commission under Section 44.051. |
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(b) The commission shall publish the notification list |
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required by this section on its Internet website and provide a copy |
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of the list to each person who requests a copy. |
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Sec. 44.053. PROCEDURES RELATING TO LIST. The commission |
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may establish procedures to enable federally owned or operated |
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radar installations and military installations to request |
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notification and to be included on the notification list required |
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by Section 44.052, including procedures relating to the information |
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an installation must provide to the commission. |
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[Sections 44.054-44.100 reserved for expansion] |
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SUBCHAPTER C. NOTIFICATION OF CONSTRUCTION OR EXPANSION |
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Sec. 44.101. NOTIFICATION TO COMMISSION. (a) A person who |
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intends to begin a construction or expansion project to which this |
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chapter applies shall provide written notice to the commission of |
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the planned construction or expansion not later than the 120th day |
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before the date the construction or expansion begins. |
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(b) The notice required under Subsection (a) must include: |
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(1) the name of the person planning the construction |
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or expansion; |
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(2) the location of the planned construction or |
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expansion; |
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(3) a detailed description of any construction or |
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expansion that will extend 200 feet or higher above ground level, |
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including the final proposed height of that construction or |
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expansion; and |
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(4) the name and location of each federally owned or |
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operated radar installation or military installation included on |
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the notification list described by Section 44.052 and whose |
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boundaries are within 25 miles of any part of the planned |
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construction or expansion. |
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(c) The commission may charge a fee in an amount provided by |
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commission rule to a person who provides written notice of a |
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construction or expansion project to the commission under this |
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section. The amount of the fee may not exceed an amount reasonably |
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necessary to recover the cost of administering this chapter. |
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(d) The commission may establish an expedited process to |
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allow a person who provides written notice to the commission of a |
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construction or expansion project under this section to alter the |
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notice to reflect a change in the information required to be |
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included in the notice. |
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Sec. 44.102. NOTIFICATION BY COMMISSION. Not later than |
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the 25th day after the date the commission receives notice of a |
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proposed construction or expansion project under Section 44.101, |
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the commission shall provide a copy of the notice to: |
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(1) any federally owned or operated radar installation |
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or military installation that the commission determines is included |
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on the notification list described by Section 44.052 and that has |
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boundaries within 25 miles of the proposed project; |
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(2) each county or municipality that the commission |
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determines has boundaries within 25 miles of a federally owned or |
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operated radar installation or military installation described by |
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Subdivision (1); |
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(3) the office of the governor; |
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(4) the Texas Military Preparedness Commission; |
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(5) the office of the comptroller of public accounts; |
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(6) the State Energy Conservation Office; |
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(7) the General Land Office; and |
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(8) the Energy Siting Clearinghouse of the United |
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States Department of Defense. |
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Sec. 44.103. ELECTRONIC REPORTING TO COMMISSION; |
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ELECTRONIC TRANSMISSION OF INFORMATION BY COMMISSION. (a) The |
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commission shall encourage the use of electronic submission through |
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the Internet, to the extent practicable, for submitting the notice |
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required by Section 44.101. The commission may adjust fees |
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assessed under this chapter as necessary to encourage electronic |
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submission. An electronic report must be submitted in a format |
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prescribed by the commission. |
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(b) The commission may transmit electronically the notice |
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required by Section 44.102. |
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[Sections 44.104-44.150 reserved for expansion] |
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SUBCHAPTER D. FEDERAL AVIATION ADMINISTRATION DETERMINATION |
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Sec. 44.151. FEDERAL AVIATION ADMINISTRATION |
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DETERMINATION. A person may not begin construction or expansion of |
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a wind-powered electric generation facility to which this chapter |
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applies until the person files with the commission a copy of a |
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Determination of No Hazard to Air Navigation issued by the Federal |
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Aviation Administration under 14 C.F.R. Part 77 for the proposed |
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construction or expansion. |
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Sec. 44.152. EXCEPTION IN CASE OF EMERGENCY. (a) Section |
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44.151 does not apply to the emergency construction or expansion of |
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a wind-powered electric generation facility to which this chapter |
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applies that is prompted by an emergency involving essential public |
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services, public health, or public safety. |
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(b) A person who begins emergency construction or expansion |
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under Subsection (a) shall file the copy of the determination |
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required by Section 44.151 in a manner determined by the |
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commission. |
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Sec. 44.153. ADMINISTRATIVE PENALTY. The commission may |
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implement penalties and other enforcement actions under Chapter 15 |
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against a person who does not comply with this subchapter or a rule |
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or order adopted under this subchapter. |
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Sec. 44.154. RULES. The commission may adopt rules and |
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conduct proceedings necessary to administer and enforce this |
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subchapter. |
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[Sections 44.155-44.200 reserved for expansion] |
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SUBCHAPTER E. PROCEDURES AND DELEGATION |
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Sec. 44.201. CONSULTATION CONCERNING PROCEDURES. The |
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commission shall consult with the office of the governor, the Texas |
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Military Preparedness Commission, the office of the comptroller of |
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public accounts, the State Energy Conservation Office, and the |
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General Land Office in developing and amending procedures to |
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implement and administer this chapter. |
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Sec. 44.202. DELEGATION. (a) For an area in the Electric |
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Reliability Council of Texas power region, the commission may |
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delegate a duty assigned to the commission under this chapter to an |
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independent organization certified under Section 39.151. |
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(b) For an area in this state outside the Electric |
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Reliability Council of Texas power region, the commission may |
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delegate a duty assigned to the commission under this chapter to an |
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appropriate electric utility that provides electric service to a |
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wind-powered electric generation facility or to the area in which |
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construction of a wind-powered electric generation facility is |
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planned. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act and not later than January 1, 2012, the Public Utility |
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Commission of Texas shall adopt procedures necessary to implement |
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Chapter 44, Utilities Code, as added by this Act. |
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SECTION 3. This Act applies only to construction or |
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expansion of a wind-powered electric generation facility that |
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begins on or after the effective date of this Act. Construction or |
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expansion of a wind-powered electric generation facility that began |
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before the effective date of this Act is governed by the law in |
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effect on the date the construction or expansion began, and that law |
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is continued in effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |