BILL ANALYSIS

Senate Research Center	H.B. 2549
88R23720 ANG-D	By: Rogers et al. (Johnson)
	Business & Commerce
	5/12/2023
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

There have been complaints in rural communities about the light pollution caused by wind turbines. Wind turbines have a red flashing light at the top of the turbine to prevent aircraft collision. These lights are required by the Federal Aviation Administration

Recent advancements in technology have created aircraft detection lighting systems (ADLS), which are warning light systems that are only activated when aircraft are nearby. If these systems are used on wind turbines, the warning lights will only activate when an aircraft is within three miles of the wind project.

H.B. 2549 would require that light-mitigating ADL Systems are used in any wind project tall enough to need warning lights. This would reduce light pollution in rural communities while still following FAA regulations. This will allow Texas to continue producing efficient and sustainable wind energy while still serving the needs of its rural communities.

H.B. 2549 amends current law relating to light pollution mitigation for wind turbine generators.

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Public Utility Commission of Texas in SECTION 1 (Section 35.0022, Utilities Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter A, Chapter 35, Utilities Code, by adding Section 35.0022, as follows:

Sec. 35.0022. WIND TURBINE LIGHT POLLUTION MITIGATION. (a) Provides that this section applies only to an electric utility, power generation company, or exempt wholesale generator that:

(1) is required by the Federal Aviation Administration to use aviation obstruction lighting; and

(2) sells at wholesale electric energy produced by a wind turbine generator.

(b) Requires the Public Utility Commission of Texas (PUC) by rule to require an electric utility, power generation company, or exempt wholesale generator to apply to the Federal Aviation Administration, or other applicable federal entity, for authorization to install and operate technology to mitigate light pollution from the wind turbine generator using a light mitigation technology system.

(c) Requires that the rules adopted under Subsection (b) require an electric utility, power generation company, or exempt wholesale generator that:

(1) installs a wind turbine generator on or after December 31, 2024, to:

(A) submit an application for approval of light mitigation technology to the Federal Aviation Administration not later than 180 days before the commercial operations date for the wind turbine generator;

(B) install light mitigation technology on all wind turbine generators not later than 18 months after receiving approval of the technology from the Federal Aviation Administration; and

(C) if installation of the light mitigation technology is delayed due to forces outside of the control of the utility, company, or generator, make a quarterly report to the PUC detailing the reasons for the delay; or

(2) installs a wind turbine generator before December 31, 2024, to:

(A) on repowering or not later than the 180th day after the execution of a newly signed long-term power purchase agreement, submit an application for approval of light mitigation technology to the Federal Aviation Administration;

(B) install light mitigation technology on all wind turbine generators not later than 18 months after receiving approval of the technology from the Federal Aviation Administration; and

(C) if installation of the light mitigation technology is delayed due to forces outside of the control of the utility, company, or generator, make a quarterly report to the PUC detailing the reasons for the delay.

(d) Provides that Subsection (c) applies only to a wind turbine generator with a commercial operations date that occurs after December 31, 2008.

(e) Prohibits the total amount of an administrative penalty assessed for a violation continuing or occurring on separate days under this section, notwithstanding Section 15.023(b) (relating to authorizing the penalty for a violation of a rule or order under Title 2 (Public Utility Regulatory Act) to be in an amount not to exceed $25,000), from exceeding $1 million.

SECTION 2. Effective date: September 1, 2023.