88R2515 DIO-D
 
  By: Springer S.B. No. 154
 
 
 
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.