HB560 - Relating to light pollution mitigation for wind turbine generators.

  89R581 ANG-D     By: Patterson H.B. No. 560       A BILL TO BE ENTITLED   AN ACT   relating to light pollution mitigation for wind turbine generators.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 35, Utilities Code, is   amended by adding Section 35.0023 to read as follows:           Sec.   35.0023.     WIND TURBINE LIGHT POLLUTION MITIGATION. (a)   This section applies only to an electric utility, power generation   company, or exempt wholesale generator that:                 (1)     is required by the Federal Aviation Administration   to use aviation obstruction lighting; and                 (2)     sells at wholesale electric energy produced by a   wind turbine generator.           (b)     The commission by rule shall require an electric   utility, power generation company, or exempt wholesale generator to   apply to the Federal Aviation Administration, or another applicable   federal entity, for authorization to install and operate technology   to mitigate light pollution from the wind turbine generator using a   light mitigation technology system.           (c)     The rules adopted under Subsection (b) must require an   electric utility, power generation company, or exempt wholesale   generator that:                 (1)     installs a wind turbine generator on or after   December 31, 2026, to:                       (A)     submit an application for approval of light   mitigation technology to the Federal Aviation Administration not   later than 180 days before the commercial operations date for the   wind turbine generator;                       (B)     install light mitigation technology on all   wind turbine generators not later than 18 months after receiving   approval of the technology from the Federal Aviation   Administration; and                       (C)     if installation of the light mitigation   technology is delayed due to forces outside of the control of the   utility, company, or generator, make a quarterly report to the   commission detailing the reasons for the delay; or                 (2)     installs a wind turbine generator before December   31, 2026, to:                       (A)     on repowering or not later than the 180th day   after the execution of a newly signed long-term power purchase   agreement, submit an application for approval of light mitigation   technology to the Federal Aviation Administration;                       (B)     install light mitigation technology on all   wind turbine generators not later than 18 months after receiving   approval of the technology from the Federal Aviation   Administration; and                       (C)     if installation of the light mitigation   technology is delayed due to forces outside of the control of the   utility, company, or generator, make a quarterly report to the   commission detailing the reasons for the delay.           (d)     Subsection (c) applies only to a wind turbine generator   with a commercial operations date that occurs after December 31,   2008.           (e)     Notwithstanding Section 15.023(b), the total amount of   an administrative penalty assessed for a violation continuing or   occurring on separate days under this section may not exceed $1   million.          SECTION 2.  This Act takes effect September 1, 2025.