82R4899 JXC-D

By: Pickett H.B. No. 1509

A BILL TO BE ENTITLED

AN ACT

relating to notice of the construction or expansion of a wind-powered electric generation facility located near a federally owned or operated radar installation or military installation.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Title 5, Utilities Code, is amended by adding Chapter 252 to read as follows:

CHAPTER 252. NOTIFICATION OF CONSTRUCTION OR EXPANSION OF CERTAIN

WIND-POWERED ELECTRIC GENERATION FACILITIES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 252.001. DEFINITION. In this chapter, "commission" means the Texas Commission on Environmental Quality.

Sec. 252.002. APPLICABILITY OF CHAPTER. This chapter applies to the construction or expansion of a wind-powered electric generation facility if:

(1) the construction or expansion is estimated to cost at least $10,000; and

(2) any part of the construction or expansion will occur within 25 miles of the boundaries of a federally owned or operated radar installation or military installation included on the notification list described by Section 252.052.

[Sections 252.003-252.050 reserved for expansion]

SUBCHAPTER B. REQUEST FOR NOTIFICATION

Sec. 252.051. REQUEST FOR NOTIFICATION. A federally owned or operated radar installation or military installation may request that the commission notify the installation of a planned construction or expansion project if any part of the construction or expansion will occur within 25 miles of the boundaries of the installation.

Sec. 252.052. NOTIFICATION LIST. (a) The commission shall create and maintain a list of federally owned or operated radar installations and military installations that have requested notification from the commission under Section 252.051.

(b) The commission shall publish the notification list required by this section on its Internet website and provide a copy of the list to each person who requests a copy.

Sec. 252.053. RULES RELATING TO LIST. The commission may adopt rules as necessary to enable federally owned or operated radar installations and military installations to request notification and to be included on the notification list required by Section 252.052, including rules relating to the information an installation must provide to the commission.

[Sections 252.054-252.100 reserved for expansion]

SUBCHAPTER C. NOTIFICATION OF CONSTRUCTION OR EXPANSION

Sec. 252.101. NOTIFICATION TO COMMISSION. (a) A person who intends to begin a construction or expansion project to which this chapter applies shall provide written notice to the commission of the planned construction or expansion. The commission by rule shall set a deadline by which the notification required by this section must be provided.

(b) The notice required under Subsection (a) must include:

(1) the name of the person planning the construction or expansion;

(2) the location of the planned construction or expansion;

(3) a detailed description of any construction or expansion that will extend 200 feet or higher above ground level, including the final proposed height of that construction or expansion; and

(4) the name and location of each federally owned or operated radar installation or military installation included on the notification list described by Section 252.052 and whose boundaries are within 25 miles of any part of the planned construction or expansion.

(c) The commission shall charge a fee in an amount provided by commission rule to a person who provides written notice of a construction or expansion project to the commission under this section. The amount of the fee may not exceed an amount reasonably necessary to recover the cost of administering this chapter.

Sec. 252.102. NOTIFICATION BY COMMISSION. Not later than the 25th day after the date the commission receives notice of a proposed construction or expansion project under Section 252.101, the commission shall provide a copy of the notice to:

(1) any federally owned or operated radar installation or military installation that the commission determines is included on the notification list described by Section 252.052 and that has boundaries within 25 miles of the proposed project;

(2) each county or municipality that the commission determines has boundaries within 25 miles of a federally owned or operated radar installation or military installation described by Subdivision (1);

(3) the office of the governor;

(4) the Texas Military Preparedness Commission;

(5) the office of the comptroller of public accounts; and

(6) the State Energy Conservation Office.

[Sections 252.103-252.150 reserved for expansion]

SUBCHAPTER D. RULES

Sec. 252.151. CONSULTATION CONCERNING RULES. The commission shall consult with the office of the governor, the Texas Military Preparedness Commission, the office of the comptroller of public accounts, and the State Energy Conservation Office in developing and amending rules to implement and administer this chapter.

SECTION 2. Not later than January 1, 2012, the Texas Commission on Environmental Quality shall adopt rules and procedures necessary to implement Chapter 252, Utilities Code, as added by this Act.

SECTION 3. This Act applies only to construction or expansion of a wind-powered electric generation facility that begins on or after the effective date of this Act. Construction or expansion of a wind-powered electric generation facility that began before the effective date of this Act is governed by the law in effect on the date the construction or expansion began, and that law is continued in effect for that purpose.

SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011.