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A BILL TO BE ENTITLED
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AN ACT
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relating to a requirement of a permit or permit amendment from the |
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Texas Commission on Environmental Quality for the construction or |
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modification of an electric generating facility in the coastal zone |
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of this state 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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the ecologically sensitive coastal zone 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 coastal |
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resources of this state and preserve property rights in this state |
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without unnecessarily impinging on or delaying the development of |
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wind power. |
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SECTION 2. Chapter 33, Natural Resources Code, is amended |
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by adding Subchapter J to read as follows: |
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SUBCHAPTER J. WIND-POWERED ELECTRIC GENERATING FACILITIES |
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Sec. 33.701. DEFINITION. In this section, "commission" |
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means the Texas Commission on Environmental Quality. |
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Sec. 33.702. APPLICABILITY. This section applies only to |
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an electric generating facility located or proposed to be located |
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in the coastal zone that uses wind power. |
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Sec. 33.703. PERMIT OR PERMIT AMENDMENT REQUIRED. Before |
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work is begun on the construction of a new facility or the |
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modification of an existing facility, the person planning the |
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construction or modification must obtain a permit or permit |
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amendment from the commission. |
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Sec. 33.704. APPLICATION. (a) To obtain a permit or permit |
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amendment described by Section 33.703, a person must submit an |
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application to the commission. |
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(b) An application must be on a form adopted by rule by the |
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commission. The form must require the applicant to provide the |
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information necessary to enable the commission to determine whether |
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to issue the permit or permit amendment. |
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Sec. 33.705. PROCEDURES FOR ACTING ON APPLICATIONS. (a) |
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The commission shall adopt rules providing for notice, the |
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submission of public comments, and an opportunity for a public |
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hearing on an application. |
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(b) An owner of land adjacent to a facility or proposed |
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facility or a nonprofit organization formed with the goal of |
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protection or enjoyment of natural resources, including a fishing, |
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conservation, bird-watching, or similar organization, is presumed |
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to have a justiciable interest sufficient to confer standing to |
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participate in a public hearing on an application. |
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Sec. 33.706. ISSUANCE OF PERMIT OR PERMIT AMENDMENT. (a) |
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The commission may issue a permit or permit amendment for a facility |
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or proposed facility only if the commission determines that the |
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facility or proposed facility will not present an unacceptable risk |
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to the resources of the coastal zone or unreasonably interfere with |
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the rights of property owners in the vicinity of the facility or |
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proposed facility. |
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(b) In making a determination under this section, the |
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commission shall consider whether the location of the facility or |
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proposed facility is consistent with the goals and policies of the |
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management program. |
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(c) The commission shall adopt rules for making |
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determinations under this section. Rules adopted under this |
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section must provide for the consideration and protection of: |
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(1) officially designated wildlife areas; |
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(2) officially designated wildlife preserves; |
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(3) threatened or endangered species or designated |
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critical habitats; |
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(4) districts, sites, buildings, structures, or |
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objects significant in American or Texas history, architecture, |
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archaeology, engineering, or culture that are listed, or are |
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eligible for listing, in the National Register of Historic Places; |
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(5) Indian religious sites; |
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(6) floodplain, hurricane, or tornado zones; |
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(7) wetlands, native vegetation, and surface water and |
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groundwater flow; |
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(8) adjacent property owners; and |
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(9) migratory wildlife and migration corridors. |
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Sec. 33.707. CONSULTATION WITH PARKS AND WILDLIFE |
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DEPARTMENT. The commission shall consult with the Parks and |
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Wildlife Department in adopting rules under this subchapter. |
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SECTION 3. Section 33.2053(f), Natural Resources Code, is |
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amended to read as follows: |
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(f) The Texas [Natural Resource Conservation] Commission on |
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Environmental Quality shall comply with Sections 33.205(a) and (b) |
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when issuing or approving: |
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(1) a wastewater discharge permit; |
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(2) a permit for a new concentrated animal feeding |
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operation located one mile or less from a critical area or coastal |
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waters; |
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(3) a permit for solid or hazardous waste treatment, |
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storage, or disposal; |
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(4) creation of a special purpose district or approval |
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of bonds for the purpose of construction of infrastructure on |
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coastal barriers; |
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(5) levee improvement or flood control projects; |
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(6) a certification of a federal permit for the |
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discharge of dredge or fill material; |
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(7) a declaration of an emergency and request for an |
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emergency release of water; |
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(8) a new permit for an annual appropriation of: |
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(A) 5,000 or more acre-feet of water within the |
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program boundary; or |
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(B) 10,000 or more acre-feet of water outside the |
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program boundary but within 200 stream miles of the coast; |
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(9) an amendment to a water permit for an increase in |
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an annual appropriation of: |
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(A) 5,000 or more acre-feet of water within the |
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program boundary; or |
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(B) 10,000 or more acre-feet of water outside the |
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program boundary but within 200 stream miles of the coast; [or] |
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(10) a change in the purpose of use of an annual |
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appropriation of water to a more consumptive use of: |
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(A) 5,000 or more acre-feet of water within the |
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program boundary; or |
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(B) 10,000 or more acre-feet of water outside the |
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program boundary but within 200 stream miles of the coast; or |
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(11) a permit or permit amendment for an electric |
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generating facility that uses wind power. |
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SECTION 4. This Act applies only to an electric generating |
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facility that uses wind power for which construction or |
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modification begins on or after the effective date of this Act. A |
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facility for which construction or modification began before the |
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effective date of this Act is governed by the law in effect on the |
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date the construction or modification began, and that law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect June 1, 2009, if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for effect on that |
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date, this Act takes effect September 1, 2009. |