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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements for maintaining and decommissioning |
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certain wind-powered generation facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 37, Utilities Code, is amended by adding |
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Subchapter E to read as follows: |
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SUBCHAPTER E. WIND-POWERED GENERATION FACILITIES |
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Sec. 37.201. DEFINITION. "Wind-powered generation |
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facility" means an electric generation facility consisting of one |
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or more wind turbines and associated substations, meteorological |
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data towers, electric transmission lines, transformers, control |
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systems, and other buildings or facilities used to support the |
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operation of the turbines. |
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Sec. 37.202. WIND GENERATION DECOMMISSIONING FUND. (a) |
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The wind generation decommissioning fund is created as an account |
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in the general revenue fund of the state treasury. |
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(b) Money in the wind generation decommissioning fund may be |
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used only by the commission or its employees or agents for the |
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purposes of this subchapter. |
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Sec. 37.203. MAINTENANCE AND DECOMMISSIONING OF WIND |
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GENERATION FACILITIES. The commission by rule shall require a |
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person who is issued a certificate that includes a wind-powered |
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generation facility, or an amendment of a certificate that includes |
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a wind-powered generation facility, to maintain and decommission |
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the wind-powered generation facility in a manner that protects the |
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environment and the interests of the owner of the property on which |
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the facility is located. |
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Sec. 37.204. BONDS; LETTERS OF CREDIT; CASH DEPOSITS. (a) |
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The commission shall require a person who is issued a certificate |
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that includes a wind-powered generation facility, or an amendment |
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of a certificate that includes a wind-powered generation facility, |
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to maintain on file with the commission, in an amount determined by |
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the commission sufficient for decommissioning the facility: |
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(1) an individual bond; |
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(2) a blanket bond; or |
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(3) a letter of credit or cash deposit. |
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(b) Each bond must be conditioned that the person will |
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maintain and decommission the wind-powered generation facility in a |
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manner that protects the environment and the interests of the owner |
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of the property on which the facility is located. |
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(c) Each bond must be executed by a corporate surety |
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authorized to do business in this state and must be renewed and |
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continued in effect until the conditions of Subsection (b) have |
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been met or release is authorized by the commission. |
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Sec. 37.205. DEPOSIT AND USE OF MONEY. (a) Subject to |
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Subsection (b), if applicable, the commission shall provide for the |
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proceeds from bonds, letters of credit, and cash deposits required |
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under Section 37.204 that are paid to the state to be deposited to |
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the credit of the wind generation decommissioning fund. |
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(b) The commission shall refund the proceeds from a bond, |
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letter of credit, or cash deposit required under this subchapter |
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if: |
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(1) the conditions that caused the proceeds to be |
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collected are corrected or no longer exist; |
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(2) all penalties relating to those conditions are |
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paid; and |
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(3) the commission has been reimbursed for all costs |
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and expenses incurred by the commission in relation to those |
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conditions. |
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Sec. 37.206. INVESTIGATION, ASSESSMENT, OR DECOMMISSIONING |
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BY COMMISSION. (a) The commission may use money in the wind |
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generation decommissioning fund to conduct a site investigation or |
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environmental assessment of a wind-powered generation facility for |
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which a certificate has been issued. |
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(b) The commission may use money in the wind generation |
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decommissioning fund to decommission a wind-powered generation |
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facility for which a certificate was issued if: |
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(1) the certificate holder has failed or refused to |
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decommission the wind-powered generation facility after notice and |
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opportunity for hearing; or |
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(2) the certificate holder cannot be found or has no |
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assets with which to decommission the wind-powered generation |
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facility. |
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(c) The commission and its employees are not liable for any |
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damages arising from an act or omission if the act or omission is |
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part of a good faith effort to carry out this section. |
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(d) The conducting of a site investigation, environmental |
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assessment, or decommissioning activities by the commission under |
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this section does not prevent the commission from seeking penalties |
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or other relief provided by law from any person who is required by |
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law, rules adopted by the commission, or a valid order of the |
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commission to decommission a wind-powered generation facility. |
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(e) If the commission decommissions a wind-powered |
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generation facility under this section, the commission may recover |
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all costs incurred by the commission from any person who was |
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required by law, rules adopted by the commission, or a valid order |
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of the commission to decommission the wind-powered generation |
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facility. The commission by order may require the person to |
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reimburse the commission for those costs or may request the |
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attorney general to file suit against the person to recover those |
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costs. At the request of the commission, the attorney general may |
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file suit to enforce an order issued by the commission under this |
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subsection. A suit under this subsection may be filed in any court |
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of competent jurisdiction in Travis County. The commission shall |
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provide for costs recovered under this subsection to be deposited |
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to the credit of the wind generation decommissioning fund. |
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SECTION 2. This Act takes effect September 1, 2019. |