| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the issuance of a permit by the commissioner of the |
|
|
General Land Office for a wind power facility on coastal public |
|
|
land; authorizing a fee; providing a civil penalty. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 33, Natural Resources Code, is amended |
|
|
by adding Subchapter J to read as follows: |
|
|
SUBCHAPTER J. COASTAL WIND POWER FACILITY PERMIT |
|
|
Sec. 33.801. DEFINITIONS. In this subchapter: |
|
|
(1) "Permittee" means the holder of a permit issued |
|
|
under this subchapter. |
|
|
(2) "Wind power facility" includes: |
|
|
(A) a wind turbine generator; and |
|
|
(B) a facility or equipment used to support the |
|
|
operation of a wind turbine generator, including an electrical |
|
|
transmission or communications line, an electric transformer, a |
|
|
battery storage facility, an energy storage facility, or |
|
|
telecommunications equipment. |
|
|
Sec. 33.802. PERMIT REQUIRED. (a) A person may not install |
|
|
or operate a wind power facility on coastal public land unless the |
|
|
person obtains a permit from the commissioner under this |
|
|
subchapter. |
|
|
(b) The commissioner by rule shall: |
|
|
(1) in collaboration with the Texas Department of |
|
|
Insurance and the Public Utility Commission of Texas, require that |
|
|
a permittee construct and maintain the permitted wind power |
|
|
facility to withstand: |
|
|
(A) a storm that would cause a flood in any area |
|
|
that is: |
|
|
(i) located less than 40 miles from the |
|
|
location of the proposed wind power facility; and |
|
|
(ii) subject to inundation by a flood that |
|
|
has a 0.1 percent or greater chance of occurring in any given year, |
|
|
as determined from maps or other data from the Federal Emergency |
|
|
Management Agency; and |
|
|
(B) a Category 5 hurricane on the Saffir-Simpson |
|
|
Hurricane Wind Scale; |
|
|
(2) prohibit a permittee from constructing or |
|
|
maintaining the permitted wind power facility in a manner that uses |
|
|
cables to secure the facility to coastal public land; |
|
|
(3) prohibit a permittee from connecting the permitted |
|
|
wind power facility to a transmission line that provides |
|
|
electricity to a location outside the ERCOT power region; |
|
|
(4) in collaboration with the Public Utility |
|
|
Commission of Texas, require the permittee to submit to the |
|
|
commissioner regular maintenance evaluations of the permitted wind |
|
|
power facility; and |
|
|
(5) require that a permittee guarantee that the |
|
|
facility carries sufficient thermal nonintermittent base load |
|
|
backup generation to ensure that the facility is generating power |
|
|
at 100 percent of installed capacity. |
|
|
(c) If a wind power facility permitted under this subchapter |
|
|
generates less than the installed capacity as required under |
|
|
Subsection (b)(5), the Public Utility Commission of Texas shall |
|
|
levy a per kilowatt hour intermittency penalty, which shall be the |
|
|
equivalent of the federal per kilowatt hour subsidy or tax credit |
|
|
for wind power described in Section 33.808. |
|
|
(d) The Texas Department of Insurance and the Public Utility |
|
|
Commission of Texas may adopt rules as needed to implement this |
|
|
subchapter. |
|
|
Sec. 33.803. APPLICATION FOR PERMIT. (a) An application |
|
|
for a permit under this subchapter must be made on a form prescribed |
|
|
by the commissioner. |
|
|
(b) An application for a permit under this subchapter must |
|
|
include: |
|
|
(1) a study on the potential environmental impacts of |
|
|
the proposed wind power facility on migratory birds, oceanic life, |
|
|
and soil and water in this state; |
|
|
(2) based on the study required by Subdivision (1): |
|
|
(A) an analysis created by the Texas Commission |
|
|
on Environmental Quality of potential negative impacts of the wind |
|
|
power facility on this state and, if any, recommendations for |
|
|
mitigation of those impacts; |
|
|
(B) an analysis created by the Parks and Wildlife |
|
|
Department of potential negative impacts of the wind power facility |
|
|
on this state and, if any, recommendations for mitigation of those |
|
|
impacts; and |
|
|
(C) an analysis created by the Public Utility |
|
|
Commission of Texas of potential negative impacts of the wind power |
|
|
facility on this state and, if any, recommendations for mitigation |
|
|
of those impacts; |
|
|
(3) a study on the potential economic impacts of the |
|
|
proposed wind power facility on commercial and recreational |
|
|
fishing, water tourism, the workforce, and ports in this state; |
|
|
(4) based on the study required by Subdivision (3): |
|
|
(A) an analysis created by the Texas Commission |
|
|
on Environmental Quality of potential negative impacts of the wind |
|
|
power facility on this state and, if any, recommendations for |
|
|
mitigation of those impacts; |
|
|
(B) an analysis created by the Parks and Wildlife |
|
|
Department of potential negative impacts of the wind power facility |
|
|
on this state and, if any, recommendations for mitigation of those |
|
|
impacts; and |
|
|
(C) an analysis created by the comptroller of |
|
|
public accounts of potential negative impacts of the wind power |
|
|
facility on this state and, if any, recommendations for mitigation |
|
|
of those impacts; |
|
|
(5) a study on the potential impacts of the proposed |
|
|
wind power facility on navigation and shipping lanes in this state; |
|
|
(6) based on the study required by Subdivision (5), an |
|
|
analysis created by the Texas Department of Transportation of |
|
|
potential negative impacts of the wind power facility on this state |
|
|
and, if any, recommendations for mitigation of those impacts; |
|
|
(7) a study on the potential impacts of the proposed |
|
|
wind power facility on infrastructure in this state associated with |
|
|
oil and gas pipelines, offshore production of oil and natural gas, |
|
|
roads, and bridges; |
|
|
(8) based on the study required by Subdivision (7): |
|
|
(A) an analysis created by the Texas Department |
|
|
of Transportation of potential negative impacts of the wind power |
|
|
facility on this state and, if any, recommendations for mitigation |
|
|
of those impacts; and |
|
|
(B) an analysis created by the Railroad |
|
|
Commission of Texas of potential negative impacts of the wind power |
|
|
facility on this state and, if any, recommendations for mitigation |
|
|
of those impacts; |
|
|
(9) an estimate of the electrical energy anticipated |
|
|
to be produced by the proposed wind power facility and provided to |
|
|
this state; |
|
|
(10) a copy of each notice provided by the applicant |
|
|
under Section 33.805; and |
|
|
(11) any additional information required by the |
|
|
commissioner. |
|
|
(c) The commissioner by rule shall adopt a process for an |
|
|
applicant to request the state agency analyses required by |
|
|
Subsection (b). A state agency named in Subsection (b) shall |
|
|
provide a requested analysis to the requestor in a reasonable time. |
|
|
Sec. 33.804. PERMIT APPROVAL CONDITIONS. (a) The |
|
|
commissioner may not approve an application for a permit under this |
|
|
subchapter unless the commissioner determines that the application |
|
|
complies with Sections 33.802 and 33.803. |
|
|
(b) Before approving an application for a permit under this |
|
|
subchapter, the commissioner must require the applicant to mitigate |
|
|
or plan to mitigate any negative impacts of the proposed wind power |
|
|
facility on this state based on the recommendations issued by state |
|
|
agencies under Section 33.803. |
|
|
(c) The commissioner shall deny a permit application if the |
|
|
commissioner determines, based on the application, that any |
|
|
negative impacts of the proposed wind power facility on this state |
|
|
cannot be mitigated. |
|
|
Sec. 33.805. NOTICE TO STATE AND LOCAL OFFICIALS; |
|
|
OBJECTION. (a) A person intending to apply for a permit under this |
|
|
subchapter shall mail notice of intent to obtain the permit to: |
|
|
(1) the governor and the attorney general; |
|
|
(2) each state senator and representative who |
|
|
represents an area located less than 40 miles from the location of |
|
|
the proposed wind power facility; |
|
|
(3) the mayor of each municipality located less than |
|
|
40 miles from the location of the proposed wind power facility; |
|
|
(4) the commissioners court of each county located |
|
|
less than 40 miles from the location of the proposed wind power |
|
|
facility; and |
|
|
(5) the board of each port authority or navigation |
|
|
district located less than 40 miles from the location of the |
|
|
proposed wind power facility. |
|
|
(b) A person who receives notice under Subsection (a) may |
|
|
submit a letter to the commissioner and the applicant notifying the |
|
|
commissioner and the applicant that the person objects to the |
|
|
approval of the permit. The letter must be submitted to the |
|
|
commissioner and the applicant not later than the 30th day after the |
|
|
date the person receives the notice. |
|
|
(c) If the commissioner determines that an objection |
|
|
received under Subsection (b) is based on a reasonable potential |
|
|
negative impact of the proposed wind power facility to this state, |
|
|
the commissioner may not grant the permit unless the applicant |
|
|
mitigates or plans to mitigate the potential negative impact. |
|
|
Sec. 33.806. AUTHORITY OF COMMISSIONER. (a) The |
|
|
commissioner: |
|
|
(1) as a condition of issuing a permit, may impose an |
|
|
application fee to recover the costs of administering this |
|
|
subchapter; |
|
|
(2) may require a permittee to provide to the |
|
|
commissioner copies of maps, plats, reports, data, and any other |
|
|
information in the possession of the permittee that relates to a |
|
|
permit; and |
|
|
(3) may make any rules relating to permits or |
|
|
permittees the commissioner considers appropriate. |
|
|
(b) If a permittee violates a rule of the commissioner or a |
|
|
term of a permit, the commissioner may cancel the permit. |
|
|
(c) If the commissioner acquires information under |
|
|
Subsection (a), the commissioner shall consider the information to |
|
|
be confidential and may not disclose it, except by authority of a |
|
|
court order, to the public or any other agency of this state. |
|
|
Sec. 33.807. UNPERMITTED WIND POWER FACILITIES. A state |
|
|
agency or political subdivision may not: |
|
|
(1) approve a permit related to a wind power facility |
|
|
for which a permit is required under this subchapter unless the |
|
|
commissioner has issued the permit under this subchapter; or |
|
|
(2) unless required by federal law, contract with or |
|
|
in any other manner provide assistance to a federal agency or |
|
|
official with respect to the construction of a wind power facility |
|
|
for which a permit is required under this subchapter unless the |
|
|
commissioner has issued the permit. |
|
|
Sec. 33.808. MARKET DISTORTION RESPONSE. (a) The Public |
|
|
Utility Commission of Texas and the ERCOT independent system |
|
|
operator shall adopt rules, operating procedures, and protocols to |
|
|
eliminate or compensate for any distortion in electricity pricing |
|
|
in the ERCOT power region caused by a federal tax credit provided |
|
|
under 26 U.S.C. Section 45 to a permittee. |
|
|
(b) Rules, operating procedures, and protocols adopted |
|
|
under this section must ensure that costs imposed on the system by |
|
|
the sale of electricity by a permittee that is eligible for a |
|
|
federal tax credit provided under 26 U.S.C. Section 45, including |
|
|
costs of maintaining sufficient capacity to serve load at peak |
|
|
demand caused by the loss of new investment from below-market |
|
|
prices, are paid by the parties that impose the costs. |
|
|
Sec. 33.809. ENFORCEMENT. (a) If a person violates or is |
|
|
threatening to violate this subchapter, a rule adopted under this |
|
|
subchapter, or a permit issued under this subchapter, the |
|
|
commissioner may have a civil suit brought in a district court for |
|
|
injunctive relief, for assessment and recovery of a civil penalty |
|
|
of $10,000 for each act of violation, or for both injunctive relief |
|
|
and a civil penalty. Each day of a continuing violation is a |
|
|
separate violation. |
|
|
(b) The attorney general shall bring a suit under this |
|
|
subchapter in the name of the commissioner. |
|
|
(c) In addition to the relief authorized under Subsection |
|
|
(a), the court may award reasonable attorney's fees, which must be |
|
|
used to reimburse the operating fund or account from which the |
|
|
expenditure occurred. |
|
|
SECTION 2. This Act takes effect September 1, 2023. |