86R10203 JXC-F
 
  By: Campbell S.B. No. 1372
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requirements for maintaining and decommissioning
  certain wind-powered generation facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 37, Utilities Code, is amended by adding
  Subchapter E to read as follows:
  SUBCHAPTER E. WIND-POWERED GENERATION FACILITIES
         Sec. 37.201.  DEFINITION. "Wind-powered generation
  facility" means an electric generation facility consisting of one
  or more wind turbines and associated substations, meteorological
  data towers, electric transmission lines, transformers, control
  systems, and other buildings or facilities used to support the
  operation of the turbines.
         Sec. 37.202.  WIND GENERATION DECOMMISSIONING FUND. (a)
  The wind generation decommissioning fund is created as an account
  in the general revenue fund of the state treasury.
         (b)  Money in the wind generation decommissioning fund may be
  used only by the commission or its employees or agents for the
  purposes of this subchapter.
         Sec. 37.203.  MAINTENANCE AND DECOMMISSIONING OF WIND
  GENERATION FACILITIES. The commission by rule shall require a
  person who is issued a certificate that includes a wind-powered
  generation facility, or an amendment of a certificate that includes
  a wind-powered generation facility, to maintain and decommission
  the wind-powered generation facility in a manner that protects the
  environment and the interests of the owner of the property on which
  the facility is located.
         Sec. 37.204.  BONDS; LETTERS OF CREDIT; CASH DEPOSITS.  (a)
  The commission shall require a person who is issued a certificate
  that includes a wind-powered generation facility, or an amendment
  of a certificate that includes a wind-powered generation facility,
  to maintain on file with the commission, in an amount determined by
  the commission sufficient for decommissioning the facility:
               (1)  an individual bond;
               (2)  a blanket bond; or
               (3)  a letter of credit or cash deposit.
         (b)  Each bond must be conditioned that the person will
  maintain and decommission the wind-powered generation facility in a
  manner that protects the environment and the interests of the owner
  of the property on which the facility is located.
         (c)  Each bond must be executed by a corporate surety
  authorized to do business in this state and must be renewed and
  continued in effect until the conditions of Subsection (b) have
  been met or release is authorized by the commission.
         Sec. 37.205.  DEPOSIT AND USE OF MONEY. (a)  Subject to
  Subsection (b), if applicable, the commission shall provide for the
  proceeds from bonds, letters of credit, and cash deposits required
  under Section 37.204 that are paid to the state to be deposited to
  the credit of the wind generation decommissioning fund. 
         (b)  The commission shall refund the proceeds from a bond,
  letter of credit, or cash deposit required under this subchapter
  if:
               (1)  the conditions that caused the proceeds to be
  collected are corrected or no longer exist;
               (2)  all penalties relating to those conditions are
  paid; and
               (3)  the commission has been reimbursed for all costs
  and expenses incurred by the commission in relation to those
  conditions.
         Sec. 37.206.  INVESTIGATION, ASSESSMENT, OR DECOMMISSIONING
  BY COMMISSION.  (a)  The commission may use money in the wind
  generation decommissioning fund to conduct a site investigation or
  environmental assessment of a wind-powered generation facility for
  which a certificate has been issued. 
         (b)  The commission may use money in the wind generation
  decommissioning fund to decommission a wind-powered generation
  facility for which a certificate was issued if:
               (1)  the certificate holder has failed or refused to
  decommission the wind-powered generation facility after notice and
  opportunity for hearing; or
               (2)  the certificate holder cannot be found or has no
  assets with which to decommission the wind-powered generation
  facility.
         (c)  The commission and its employees are not liable for any
  damages arising from an act or omission if the act or omission is
  part of a good faith effort to carry out this section.
         (d)  The conducting of a site investigation, environmental
  assessment, or decommissioning activities by the commission under
  this section does not prevent the commission from seeking penalties
  or other relief provided by law from any person who is required by
  law, rules adopted by the commission, or a valid order of the
  commission to decommission a wind-powered generation facility.
         (e)  If the commission decommissions a wind-powered
  generation facility under this section, the commission may recover
  all costs incurred by the commission from any person who was
  required by law, rules adopted by the commission, or a valid order
  of the commission to decommission the wind-powered generation
  facility. The commission by order may require the person to
  reimburse the commission for those costs or may request the
  attorney general to file suit against the person to recover those
  costs.  At the request of the commission, the attorney general may
  file suit to enforce an order issued by the commission under this
  subsection. A suit under this subsection may be filed in any court
  of competent jurisdiction in Travis County.  The commission shall
  provide for costs recovered under this subsection to be deposited
  to the credit of the wind generation decommissioning fund.
         SECTION 2.  This Act takes effect September 1, 2019.