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SECTION 2. Title 11, Natural
Resources Code, is amended by adding Chapter 212 to read as follows:
CHAPTER 212. WIND ENERGY
FACILITIES
Sec. 212.001.
DEFINITIONS. In this chapter:
(1) "Commencement of
construction":
(A) means beginning
excavation of wind turbine foundations or other actions relating to the
actual erection and installation of a wind tower or turbine; and
(B) does not include
erecting meteorological towers, conducting environmental assessments,
conducting surveys, or conducting preliminary engineering or other
activities associated with assessment of development of wind resources.
(2) "Wind energy
conversion system" means a system that converts wind energy into
electric energy through the use of a wind turbine generator and includes a
turbine, blade, tower, base, and pad transformer, if any.
(3) "Wind energy
facility" means an electric generating facility that consists of one
or more wind energy conversion systems under common ownership or operating
control and the substations, meteorological data towers, aboveground and
underground electric transmission lines, transformers, control systems, and
other buildings or facilities used to support the operation of the
facility.
Sec. 212.002.
APPLICABILITY. This chapter applies only to a wind energy conversion
system or wind energy facility:
(1) the primary purpose
of which is to supply electric energy to an off-site customer; and
(2) that is not located
entirely on property held in fee simple by the owner of the wind energy
facility.
Sec. 212.003. INSURANCE.
(a) An owner or operator of a wind energy conversion system or wind energy
facility consisting of one or more wind towers and turbines any of which
has a total nameplate generating capacity of 500 kilowatts or more shall
obtain before the commencement of construction of the system or facility
and shall keep in effect:
(1) a commercial general
liability insurance policy with a limit consistent with prevailing industry
standards; or
(2) a combination of
self-insurance and an excess liability insurance policy.
(b) The owner or operator
shall cause the owner of the land where the wind energy conversion system
or wind energy facility is located to be named as an additional insured in
the policy.
(c) The owner or operator
shall deliver to the landowner a certificate of insurance evidencing the
policy.
(d) Not later than the
30th day before the date the owner or operator modifies, cancels, or
terminates the insurance policy, the owner or operator shall give notice to
the landowner of the modification, cancellation, or termination.
Sec. 212.004. RIGHTS OF
LANDOWNER. (a) An owner or operator of a wind energy conversion system or
wind energy facility who pays a landowner for the use of the landowner's
property to generate electric energy from the conversion of wind energy
based on the amount of electric energy produced from the conversion of wind
energy shall:
(1) provide to the landowner not later than 10 business
days after each date the owner or operator pays the landowner a statement
that includes the information reasonably necessary to provide the landowner
an understanding of the basis for the payment to the landowner and a means
of confirming the accuracy of the payment; and
(2) allow the landowner to inspect the records
of the owner or operator relating to the wind energy conversion system or
wind energy facility for the purpose of confirming the accuracy of a
payment made to the landowner in the 24
months preceding the date of the inspection.
(b) Not more frequently
than once each year, a landowner described by Subsection (a) may request
that the owner or operator of a wind energy conversion system or wind
energy facility on the landowner's property make
available in this state all records necessary for the landowner to conduct the inspection described by Subsection
(a)(2), including documents, data, and other information, or copies
of the records, documents, data, or information. The records are subject to
any confidentiality requirements in a lease agreement between the landowner
and the owner or operator of the system or facility.
(c) The owner or operator
shall comply with the landowner's request to make
the records available within a reasonable time.
(d) The owner or operator
shall:
(1) make the records available in a location and
manner that affords the landowner reasonable access to the records during
normal business hours; and
(2) allow the landowner a
reasonable period of time to complete the
inspection.
(e) A landowner may not
cause undue disruption to the operations of an owner or operator during an inspection described by Subsection
(a)(2).
(f) Before entering into
a lease agreement with a landowner, an owner of a wind energy conversion
system or wind energy facility must send to the landowner, by first class
mail or otherwise, a wind energy generation
landowner bill of rights statement prepared under Section 402.0311,
Government Code. The statement must be printed in an easily readable font
and type size.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
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SECTION 1. Title 11, Natural
Resources Code, is amended by adding Chapter 212 to read as follows:
CHAPTER 212. WIND ENERGY
FACILITIES
Sec. 212.001.
DEFINITIONS. In this chapter:
No
equivalent provision.
(1) "Wind energy
conversion system" means a system that converts wind energy into
electric energy through the use of a wind turbine generator and includes a
turbine, blade, tower, base, and pad transformer, if any.
(2) "Wind energy
facility" means an electric generating facility that consists of one
or more wind energy conversion systems under common ownership or operating
control and the substations, meteorological data towers, aboveground and
underground electric transmission lines, transformers, control systems, and
other buildings or facilities used to support the operation of the
facility.
Sec. 212.002.
APPLICABILITY. This chapter applies only to a wind energy conversion
system or wind energy facility:
(1) the primary purpose
of which is to supply electric energy to an off-site customer; and
(2) that is not located
entirely on property held in fee simple by the owner of the wind energy
facility.
No
equivalent provision.
Sec. 212.003. RIGHTS OF
LANDOWNER. (a) An owner or operator of a wind energy conversion system or
wind energy facility who pays a landowner for the use of the landowner's
property to generate electric energy from the conversion of wind energy
based on the amount of electric energy produced from the conversion of wind
energy shall,
on request from the landowner, provide the landowner access to the
records of the owner or operator relating to the wind energy conversion
system or wind energy facility for the purpose of confirming the accuracy
of payments made to the landowner.
A landowner may not
request access to the records more frequently than once each year.
(b) An owner or operator
that receives a request under Subsection (a) shall
provide the landowner access to all records necessary for the
landowner to confirm the accuracy of payments
made to the landowner, including documents, data, and other
information, or copies of the records, documents, data, or information. The
records are subject to any confidentiality requirements in a lease
agreement between the landowner and the owner or operator.
(c) The owner or operator
shall comply with the landowner's request to access
the records within a reasonable time.
(d) The owner or operator
shall:
(1) provide access to the records in a reasonable location and manner that affords the
landowner reasonable access to the records during normal business hours;
and
(2) allow the landowner a
reasonable period of time to examine the
records.
(e) A landowner may not
cause undue disruption to the operations of an owner or operator when examining records under this section.
(f) Not later than the 10th day before the date
an owner of a wind energy conversion system or wind energy facility enters
into a lease agreement with a landowner that
allows the owner to operate the system or facility on the landowner's
property, the owner must send to the landowner, by first class mail
or otherwise:
(1) a written disclosure that the landowner will be entitled to
access the records of the owner for the purpose of confirming the accuracy
of payments made to the landowner; and
(2) a written insurance disclosure that states that the owner:
(A) will not maintain insurance applicable to the system or
facility; or
(B) will maintain an insurance policy applicable to the system or
facility or will maintain a self-insurance plan applicable to the system or
facility.
(g) The disclosure
required by Subsection (f) must be made in a document that is separate from
the lease.
(h) If an owner notifies
a landowner under Subsection (f)(2) that the owner will maintain an
insurance policy and the policy allows the landowner to be named as an
additional insured on the policy, the owner must include with the notice a
statement that the landowner may be named as an additional insured on the
policy.
Sec. 212.004. ENFORCEMENT
BY ATTORNEY GENERAL. The attorney general may enforce the provisions of
this chapter.
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SECTION 4. (a) The changes
in law made by this Act apply to an owner or operator of a wind energy
conversion system or a wind energy facility, as those terms are defined by
Section 212.001, Natural Resources Code, as added by this Act, the
construction or installation of which began before or begins on or after
the effective date of this Act.
(b) An owner or operator of
a wind energy conversion system or a wind energy facility as those terms
are defined by Section 212.001, Natural Resources Code, as added by this
Act, the construction or installation of which began before the effective
date of this Act is not required to comply with the provisions of Chapter
212, Natural Resources Code, as added by this Act, until September 1, 2018.
(c) An owner or operator of
a wind energy conversion system or a wind energy facility, as those terms
are defined by Section 212.001, Natural Resources Code, as added by this
Act, the construction or installation of which begins on or after the
effective date of this Act is not required to comply with Section
212.004(f), Natural Resources Code, as added by this Act, until October 1,
2014.
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No
equivalent provision.
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