By: Jackson, Van de Putte, Lucio  S.B. No. 497
         (In the Senate - Filed February 1, 2011; February 14, 2011,
  read first time and referred to Committee on Natural Resources;
  March 28, 2011, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 7, Nays 0; March 28, 2011,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 497 By:  Jackson
 
 
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 Public Utility Commission of Texas.
         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.  PROCEDURES RELATING TO LIST.  The commission
  may establish procedures 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 procedures relating to the
  information and 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 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 may 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;
               (6)  the State Energy Conservation Office; and
               (7)  the General Land Office.
         Sec. 252.103.  ELECTRONIC REPORTING TO COMMISSION;
  ELECTRONIC TRANSMISSION OF INFORMATION BY COMMISSION.  (a)  The
  commission shall encourage the use of electronic submission through
  the Internet, to the extent practicable, for submitting the notice
  required by Section 252.101.  The commission may adjust fees
  assessed under this chapter as necessary to encourage electronic
  submission.  An electronic report must be submitted in a format
  prescribed by the commission.
         (b)  The commission may transmit electronically the notice
  required by Section 252.102.
  [Sections 252.104-252.150 reserved for expansion]
  SUBCHAPTER D.  PROCEDURES
         Sec. 252.151.  CONSULTATION CONCERNING PROCEDURES.  The
  commission shall consult with the office of the governor, the Texas
  Military Preparedness Commission, the office of the comptroller of
  public accounts, the State Energy Conservation Office, and the
  General Land Office in developing and amending procedures to
  implement and administer this chapter.
         SECTION 2.  Not later than January 1, 2012, the Public
  Utility Commission of Texas shall adopt 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.
 
  * * * * *