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A BILL TO BE ENTITLED
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AN ACT
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relating to siting requirements for the construction of a wind |
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turbine. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 6, Utilities Code, is amended by adding |
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Chapter 302 to read as follows: |
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CHAPTER 302. WIND TURBINE SITING |
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Sec. 302.0001. SITING. (a) A person may not construct at a |
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site a wind turbine for electric generation unless the site |
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complies with the minimum setback requirements provided by this |
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section. |
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(b) The minimum setback for a wind turbine is the greater |
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of: |
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(1) a distance equal to 10 times the maximum blade tip |
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height of the proposed turbine, measured from the closest structure |
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on each property that borders the property on which the site is |
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located; or |
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(2) 5,280 feet, measured from the property line of |
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each property that borders the property on which the site is |
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located. |
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(c) The setback distances described by Subsection (b) must |
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be measured as a straight line from the vertical centerline of the |
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proposed wind turbine to the nearest point on the permanent |
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foundation of a structure or the nearest point on the property line, |
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as applicable. |
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(d) This section does not create an offense. |
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Sec. 302.0002. SITING WAIVER. (a) A person may begin |
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construction of a wind turbine at a site that does not comply with |
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the requirements of Section 302.0001 if the person obtains a |
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signed, written waiver from the owner of the property that is the |
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source of the noncompliance. |
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(b) A waiver may not be made effective for a period of more |
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than one year after the date the owner signs the waiver. A waiver |
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may be retroactive for any period of time. |
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Sec. 302.0003. INJUNCTION. (a) A county or district court |
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by injunction may prevent, restrain, abate, or otherwise remedy a |
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violation of this chapter. |
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(b) Except as provided by Subsection (c), a person affected |
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or who may be affected by a violation or threatened violation of |
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this chapter may bring suit under Subsection (a). |
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(c) A person may not bring suit under Subsection (a) if the |
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sole alleged violation relates to a structure on an adjacent |
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property as described by Section 302.0001(b)(1) that was |
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constructed less than one year before the date the wind turbine |
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construction is proposed to begin. |
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SECTION 2. Chapter 302, Utilities Code, as added by this |
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Act, applies only to a wind turbine the construction of which begins |
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on or after the effective date of this Act. Construction of a wind |
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turbine that began before the effective date of this Act is governed |
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by the law as it existed immediately before the effective date of |
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this Act, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |