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A BILL TO BE ENTITLED
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AN ACT
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relating to the location of wind energy electric generating |
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facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 39, Utilities Code, is amended by adding |
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Subchapter K to read as follows: |
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SUBCHAPTER K. WIND ENERGY PLANNING AND EXECUTION |
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Sec. 39.501. STATE POLICY FOR WIND ENERGY. It is the policy |
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of this state to encourage that wind energy electric generating |
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facilities constructed in this state be constructed in competitive |
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renewable energy zones established under Section 39.904(g). |
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Sec. 39.502. COUNTIES OPPOSED TO CONSTRUCTION OF WIND |
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ENERGY ELECTRIC GENERATING FACILITIES. (a) The commissioners |
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court of a county may file with the commission a resolution that |
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states that the county is opposed to the construction of wind energy |
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electric generating facilities in the county. |
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(b) The commission by rule shall establish and maintain a |
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list of all counties that file a resolution with the commission |
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under Subsection (a). The commission shall provide for the list to |
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be posted prominently on a publicly accessible Internet website. |
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(c) Before a person begins construction of a wind energy |
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electric generating facility, the person must: |
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(1) review the list of counties opposed to the |
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construction of wind energy electric generating facilities; and |
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(2) acknowledge, in a manner prescribed by the |
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commission, that the person has reviewed the list of counties |
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opposed to the construction of wind energy electric generating |
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facilities. |
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(d) Construction of a wind energy electric generating |
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facility in a county listed as being opposed to such construction is |
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prohibited unless: |
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(1) not later than the 90th day before any lease, |
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acquisition, or option is executed for the construction of the |
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facility, the person proposing construction of the facility holds a |
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public meeting in conjunction with the commissioners court of the |
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county regarding the proposed construction; and |
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(2) before the construction of the facility, the |
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equity owner of the facility posts with the commissioners court of |
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the county a bond or letter of credit in an amount sufficient to pay |
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for the decommissioning of the facility. |
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(e) The commissioners court, by resolution, may require |
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that specific information be presented by the person proposing |
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construction of the wind energy electric generating facility at a |
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public meeting required under Subsection (d)(1). |
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Sec. 39.503. EMERGENCY SHUTDOWN OF CERTAIN WIND ENERGY |
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ELECTRIC GENERATING FACILITIES. If an independent organization |
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certified under Section 39.151 determines that a reduction in the |
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amount of energy generated is necessary to maintain the stability |
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and safety of the transmission system the organization oversees, |
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the organization shall begin the reduction by first ordering to |
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shut down: |
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(1) wind energy electric generating facilities |
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constructed outside of competitive renewable energy zones on or |
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after September 1, 2009; and |
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(2) wind energy electric generating facilities |
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constructed without complying with Section 39.502(c). |
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SECTION 2. (a) Not later than the 90th day after the |
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effective date of this Act, the Public Utility Commission of Texas |
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shall begin accepting for filing resolutions of counties opposed to |
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the construction of wind energy electric generating facilities and |
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shall begin listing those counties as required by Section 39.502, |
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Utilities Code, as added by this Act. |
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(b) The changes in law made by Section 39.503, Utilities |
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Code, as added by this Act, apply only to a wind energy electric |
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generating facility for which construction begins on or after |
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October 2, 2009. A wind energy electric generating facility |
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constructed before October 2, 2009, is subject to the law in effect |
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on the date construction begins, and that law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |