| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to location requirements for the construction of certain |
|
|
wind-powered energy devices. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The heading to Title 6, Utilities Code, is |
|
|
amended to read as follows: |
|
|
TITLE 6. PRIVATELY ENFORCEABLE RENEWABLE GENERATION PROVISIONS |
|
|
[PRIVATE POWER AGREEMENTS] |
|
|
SECTION 2. Title 6, Utilities Code, is amended by adding |
|
|
Chapter 303 to read as follows: |
|
|
CHAPTER 303. WIND TURBINE GENERATOR SITING |
|
|
Sec. 303.0101. SITING. (a) A person may not construct at a |
|
|
site a wind turbine generator unless the site complies with the |
|
|
minimum setback requirements provided by this section. |
|
|
(b) The minimum setback for a wind turbine generator is |
|
|
3,000 feet measured from the property line of each property that |
|
|
borders the property on which the site is located. |
|
|
(c) The setback distance described by Subsection (b) must be |
|
|
measured as a straight line from the vertical centerline of the |
|
|
proposed wind turbine generator to the nearest point on the |
|
|
property line. |
|
|
(d) This section does not create an offense. |
|
|
Sec. 303.0102. SITING WAIVER. (a) A person may begin |
|
|
construction of a wind turbine generator at a site that does not |
|
|
comply with the requirements of Section 303.0101 if the person |
|
|
obtains a signed, written waiver from the owner of the property that |
|
|
is the source of the noncompliance. |
|
|
(b) A waiver may not be made effective for a period of more |
|
|
than one year after the date the owner signs the waiver. A waiver |
|
|
may be retroactive for any period of time. |
|
|
Sec. 303.0103. INJUNCTION. (a) A county or district court |
|
|
by injunction may prevent, restrain, abate, or otherwise remedy a |
|
|
violation of this chapter. |
|
|
(b) A person affected or who may be affected by a violation |
|
|
or threatened violation of this chapter may bring suit under |
|
|
Subsection (a). |
|
|
SECTION 3. Chapter 240, Local Government Code, is amended |
|
|
by adding Subchapter F to read as follows: |
|
|
SUBCHAPTER F. WIND-POWERED ENERGY DEVICES |
|
|
Sec. 240.101. DEFINITIONS. In this subchapter: |
|
|
(1) "Air navigation facility" and "airport" have the |
|
|
meanings assigned by Section 22.001, Transportation Code. |
|
|
(2) "Wind-powered energy device" means an apparatus |
|
|
designed or adapted to: |
|
|
(A) convert the energy available in the wind into |
|
|
thermal, mechanical, or electrical energy; |
|
|
(B) store the energy converted under Paragraph |
|
|
(A), either in the form to which originally converted or another |
|
|
form; or |
|
|
(C) distribute the energy converted under |
|
|
Paragraph (A). |
|
|
Sec. 240.102. DESIGNATION OF CONSTRUCTION AREAS. (a) The |
|
|
commissioners court of a county in which an air navigation facility |
|
|
or airport is located by order may, in collaboration with the owner |
|
|
or operator of the facility or airport: |
|
|
(1) designate one or more appropriate locations for a |
|
|
person to install a wind-powered energy device in the |
|
|
unincorporated area of the county in accordance with this section; |
|
|
and |
|
|
(2) prohibit the installation of a wind-powered energy |
|
|
device in the county in an area other than a designated area. |
|
|
(b) An order under Subsection (a) may not apply to a |
|
|
wind-powered energy device installed before the effective date of |
|
|
the order. |
|
|
(c) Areas designated by a county under Subsection (a) must |
|
|
maintain compatibility with the activities of the air navigation |
|
|
facility or airport. |
|
|
SECTION 4. Chapter 303, Utilities Code, as added by this |
|
|
Act, applies only to a wind turbine generator the construction of |
|
|
which begins on or after the effective date of this Act. |
|
|
Construction of a wind turbine generator that began before the |
|
|
effective date of this Act is governed by the law as it existed |
|
|
immediately before the effective date of this Act, and the former |
|
|
law is continued in effect for that purpose. |
|
|
SECTION 5. This Act takes effect September 1, 2023. |