BILL ANALYSIS

C.S.H.B. 2549

By: Rogers

State Affairs

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Constituents, especially those living in rural areas, have raised concerns that the red flashing lights affixed to wind turbines are a disruptive form of light pollution. C.S.H.B. 2549 seeks to reduce light pollution caused by wind turbines by requiring certain wind turbine generators to utilize light mitigation technology approved by the Federal Aviation Administration.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the Public Utility Commission of Texas in SECTION 1 of this bill.

ANALYSIS

C.S.H.B. 2549 amends the Utilities Code to require the Public Utility Commission of Texas (PUC) to adopt rules requiring an electric utility, power generation company, or exempt wholesale generator that is required by the Federal Aviation Administration (FAA) to use aviation obstruction lighting and that sells at wholesale electric energy produced by a wind turbine generator to apply to the FAA, 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. The rules must require such an entity that installs a wind turbine generator with a commercial operations date that occurs after December 31, 2008, to do the following:

· if the entity installs the generator on or after December 31, 2024, submit an application for approval of light mitigation technology to the FAA not later than 180 days before the commercial operations date for the generator;

· if the entity installs the generator before December 31, 2024, submit an application for approval of light mitigation technology to the FAA on repowering or not later than the 180th day after the execution of a newly signed long-term power purchase agreement;

· install light mitigation technology on all wind turbine generators not later than 18 months after receiving approval of the technology from the FAA; and

· make a quarterly report to the PUC detailing the reasons for any delay in the installation of the light mitigation technology due to forces outside of the entity's control, if applicable.

The bill caps at $1 million the total amount of an administrative penalty assessed for a violation of the bill's provisions continuing or occurring on separate days.

EFFECTIVE DATE

September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 2549 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

Both the introduced and the substitute pertain to light pollution mitigation for wind turbine generators. However, whereas the introduced required the PUC by rule to require an electric utility, power generation company, or exempt wholesale generator that sells at wholesale electric energy product by a wind turbine generator to mitigate light pollution from the generator using a light mitigation technology system that complies with FAA regulations, the substitute requires the PUC instead to require by rule that such a utility, company, or generator, if required by the FAA to use aviation obstruction lighting, to apply to the FAA, or other applicable federal entity, for authorization to install and operate technology to mitigate light pollution using such a system. The substitute revises the requirements for the contents of the rules adopted by omitting the requirement for the rules to include service and maintenance requirements, safety standards, and lighting system requirements and requiring that the rules instead require an applicable utility, company, or generator that installs a wind turbine generator with a commercial operations date that occurs after December 31, 2008, to do the following:

· install light mitigation technology on all wind turbine generators not later than 18 months after receiving approval of the technology from FAA; and

· make a quarterly report to the PUC detailing the reasons for any delay in the installation of the light mitigation technology due to forces outside of the control of the utility, company, or generator, if applicable.

The substitute replaces an authorization in the introduced for the PUC to impose an administrative penalty on an entity, including a municipally owned utility or an electric cooperative, that violates the bill's rules with a provision capping at $1 million the total amount of administrative penalty assessed for a violation of the bill's provisions continuing or occurring on separate days.