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By: Springer |
S.B. No. 1003 |
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(In the Senate - Filed March 4, 2021; March 18, 2021, read |
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first time and referred to Committee on Business & Commerce; |
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May 12, 2021, reported adversely, with favorable Committee |
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Substitute by the following vote: Yeas 5, Nays 1; May 12, 2021, |
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sent to printer.) |
| Click here to see the committee vote |
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COMMITTEE SUBSTITUTE FOR S.B. No. 1003 |
By: Hancock |
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A BILL TO BE ENTITLED
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AN ACT
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relating to siting requirements for the construction of a wind |
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turbine. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 6, Utilities Code, is amended by adding |
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Chapter 302 to read as follows: |
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CHAPTER 302. WIND TURBINE SITING |
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Sec. 302.0001. SITING. (a) A person may not construct at a |
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site a wind turbine for electric generation unless the site |
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complies with the minimum setback requirements provided by this |
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section. |
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(b) The minimum setback for a wind turbine is 3,000 feet |
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measured from the property line of each property that borders the |
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property on which the site is located. |
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(c) The setback distance described by Subsection (b) must be |
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measured as a straight line from the vertical centerline of the |
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proposed wind turbine to the nearest point on the property line. |
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(d) This section does not create an offense. |
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Sec. 302.0002. SITING WAIVER. (a) A person may begin |
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construction of a wind turbine at a site that does not comply with |
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the requirements of Section 302.0001 if the person obtains a |
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signed, written waiver from the owner of the property that is the |
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source of the noncompliance. |
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(b) A waiver may not be made effective for a period of more |
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than one year after the date the owner signs the waiver. A waiver |
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may be retroactive for any period of time. |
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Sec. 302.0003. INJUNCTION. (a) A county or district court |
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by injunction may prevent, restrain, abate, or otherwise remedy a |
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violation of this chapter. |
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(b) A person affected or who may be affected by a violation |
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or threatened violation of this chapter may bring suit under |
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Subsection (a). |
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SECTION 2. Chapter 302, Utilities Code, as added by this |
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Act, applies only to a wind turbine the construction of which begins |
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on or after the effective date of this Act. Construction of a wind |
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turbine that began before the effective date of this Act is governed |
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by the law as it existed immediately before the effective date of |
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this Act, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |
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* * * * * |