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A BILL TO BE ENTITLED
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AN ACT
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relating to the location of and light pollution mitigation for wind |
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turbine generators; authorizing an administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 35, Utilities Code, is |
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amended by adding Sections 35.0023 and 35.0024 to read as follows: |
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Sec. 35.0023. WIND TURBINE LIGHT POLLUTION MITIGATION. (a) |
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This section applies only to an electric cooperative, electric |
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utility, municipally owned utility, power generation company, or |
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exempt wholesale generator that: |
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(1) is required by the Federal Aviation Administration |
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to use aviation obstruction lighting; and |
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(2) sells at wholesale electric energy produced by a |
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wind turbine generator. |
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(b) The commission by rule shall require an electric |
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cooperative, electric utility, municipally owned utility, power |
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generation company, or exempt wholesale generator to apply to the |
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Federal Aviation Administration, or another applicable federal |
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entity, for authorization to install and operate technology to |
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mitigate light pollution from the wind turbine generator using a |
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light mitigation technology system. |
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(c) The rules adopted under Subsection (b) must require an |
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electric cooperative, electric utility, municipally owned utility, |
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power generation company, or exempt wholesale generator that: |
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(1) installs a wind turbine generator on or after |
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December 31, 2026, to: |
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(A) submit an application for approval of light |
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mitigation technology to the Federal Aviation Administration not |
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later than 180 days before the commercial operations date for the |
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wind turbine generator; |
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(B) install light mitigation technology on all |
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wind turbine generators not later than 18 months after receiving |
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approval of the technology from the Federal Aviation |
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Administration; and |
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(C) if installation of the light mitigation |
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technology is delayed due to forces outside of the control of the |
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cooperative, utility, company, or generator, make a quarterly |
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report to the commission detailing the reasons for the delay; or |
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(2) installs a wind turbine generator before December |
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31, 2026, to: |
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(A) on repowering or not later than the 180th day |
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after the execution of a newly signed long-term power purchase |
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agreement, submit an application for approval of light mitigation |
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technology to the Federal Aviation Administration; |
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(B) install light mitigation technology on all |
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wind turbine generators not later than 18 months after receiving |
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approval of the technology from the Federal Aviation |
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Administration; and |
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(C) if installation of the light mitigation |
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technology is delayed due to forces outside of the control of the |
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cooperative, utility, company, or generator, make a quarterly |
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report to the commission detailing the reasons for the delay. |
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(d) Subsection (c) applies only to a wind turbine generator |
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with a commercial operations date that occurs after December 31, |
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2008. |
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(e) Notwithstanding Section 15.023(b), the total amount of |
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an administrative penalty assessed for a violation continuing or |
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occurring on separate days under this section may not exceed $1 |
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million. |
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Sec. 35.0024. WIND TURBINE GENERATION FACILITY |
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DETERMINATION. (a) Before an electric cooperative, electric |
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utility, municipally owned utility, power generation company, or |
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other person required by commission rule to register with the |
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commission before generating electricity may begin operation of or |
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expand a wind turbine generation facility, the cooperative, |
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utility, company, or person must submit documentation to the |
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commission establishing that: |
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(1) the Federal Aviation Administration has |
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determined the facility will not be a hazard to air navigation; and |
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(2) the Military Aviation and Installation Assurance |
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Siting Clearinghouse, or its successor agency, has determined that: |
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(A) the facility will not have an adverse impact |
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on military operations or readiness; or |
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(B) a mitigation agreement has been executed to |
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overcome an adverse impact on military operations or readiness. |
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(b) The commission may impose an administrative penalty |
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under Section 15.023 on an electric cooperative or municipally |
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owned utility that violates Subsection (a). |
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SECTION 2. Section 35.0024, Utilities Code, as added by |
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this Act, applies only to a wind turbine generation facility |
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installed on or after the effective date of this Act. A generation |
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facility installed before the effective date of this Act is |
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governed by the law as it existed immediately before that date, and |
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the law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2025. |