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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirements for granting a certificate of |
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convenience and necessity that includes the construction of an |
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electric generating facility that uses wind power. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The legislature finds that: |
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(1) the development of wind power in this state is |
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important to this state; |
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(2) wind-powered electric generating facilities, or |
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wind farms, are expensive to build, represent multimillion-dollar |
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investments, and necessarily have large footprints; |
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(3) there is not currently in this state a regulatory |
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or permitting structure that ensures that wind farms do not damage |
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any of the ecologically sensitive areas of this state; and |
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(4) there is a need for this state to implement some |
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regulation and permitting of wind farms to protect the resources of |
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this state and preserve property rights in this state without |
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unnecessarily impinging on or delaying the development of wind |
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power. |
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SECTION 2. Subchapter B, Chapter 37, Utilities Code, is |
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amended by adding Section 37.0565 to read as follows: |
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Sec. 37.0565. REQUIREMENTS FOR GRANTING CERTIFICATE FOR |
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CERTAIN GENERATING FACILITIES. (a) This section applies only to an |
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application for a certificate or an amendment of a certificate that |
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includes the construction of an electric generating facility that |
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uses wind power. |
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(b) Notwithstanding Section 37.056, the commission may not |
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approve an application and grant a certificate or amendment that |
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includes the construction of a generating facility described by |
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Subsection (a) unless: |
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(1) the Texas Commission on Environmental Quality |
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issues a certification for the facility to the applicant; and |
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(2) the applicant attaches a copy of the certification |
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to the application. |
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(c) To obtain a certification described by Subsection |
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(b)(1), a person must submit an application to the Texas Commission |
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on Environmental Quality. The application must be on a form adopted |
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by rule by the Texas Commission on Environmental Quality. The form |
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must require the applicant to provide the information necessary to |
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enable the commission to determine whether to issue the |
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certification. |
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(d) The Texas Commission on Environmental Quality shall |
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adopt rules providing for notice, the submission of public |
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comments, and an opportunity for a public hearing on the |
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application. |
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(e) The Texas Commission on Environmental Quality may issue |
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the certification only if the commission determines that the |
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facility will not present an unacceptable risk to the resources of |
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this state or unreasonably interfere with the rights of property |
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owners in the vicinity of the facility. In making the |
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determination, the commission shall consider whether: |
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(1) the facility will be located in an officially |
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designated wildlife area; |
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(2) the facility will be located in an officially |
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designated wildlife preserve; |
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(3) the facility will affect threatened or endangered |
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species or designated critical habitats; |
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(4) the facility will affect districts, sites, |
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buildings, structures, or objects significant in American or Texas |
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history, architecture, archaeology, engineering, or culture that |
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are listed, or are eligible for listing, in the National Register of |
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Historic Places; |
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(5) the facility will affect Indian religious sites; |
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(6) the facility will be located in a floodplain, |
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hurricane, or tornado zone; |
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(7) the facility will involve a significant change in |
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surface features, such as filling in of wetlands, deforestation, or |
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water diversion; |
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(8) the facility will be located in close proximity to |
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property of an adjacent property owner; and |
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(9) the facility will have an effect on migratory |
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wildlife. |
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(f) The Texas Commission on Environmental Quality shall |
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consult with the Parks and Wildlife Department in adopting rules |
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under this section. |
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SECTION 3. This Act applies only to an application for a |
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certificate of convenience and necessity that is filed with the |
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Public Utility Commission of Texas on or after the effective date of |
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this Act. An application for a certificate of convenience and |
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necessity that was filed with the commission before the effective |
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date of this Act is governed by the law in effect on the date the |
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application was filed, and that law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect September 1, 2007. |