HB3244 - Relating to the location of and light pollution mitigation for wind turbine generators; authorizing an administrative penalty.

  89R12258 ANG-D     By: Patterson H.B. No. 3244       A BILL TO BE ENTITLED   AN ACT   relating to the location of and light pollution mitigation for wind   turbine generators; authorizing an administrative penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 35, Utilities Code, is   amended by adding Sections 35.0023 and 35.0024 to read as follows:           Sec.   35.0023.     WIND TURBINE LIGHT POLLUTION MITIGATION. (a)   This section applies only to an electric cooperative, electric   utility, municipally owned 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   cooperative, electric utility, municipally owned 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 cooperative, electric utility, municipally owned 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   cooperative, 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   cooperative, 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.           Sec.   35.0024.     WIND TURBINE GENERATION FACILITY   DETERMINATION.   (a)   Before an electric cooperative, electric   utility, municipally owned utility, power generation company, or   other person required by commission rule to register with the   commission before generating electricity may begin operation of or   expand a wind turbine generation facility, the cooperative,   utility, company, or person must submit documentation to the   commission establishing that:                 (1)     the Federal Aviation Administration has   determined the facility will not be a hazard to air navigation; and                 (2)     the Military Aviation and Installation Assurance   Siting Clearinghouse, or its successor agency, has determined that:                       (A)     the facility will not have an adverse impact   on military operations or readiness; or                       (B)     a mitigation agreement has been executed to   overcome an adverse impact on military operations or readiness.           (b)     The commission may impose an administrative penalty   under Section 15.023 on an electric cooperative or municipally   owned utility that violates Subsection (a).          SECTION 2.  Section 35.0024, Utilities Code, as added by   this Act, applies only to a wind turbine generation facility   installed on or after the effective date of this Act.  A generation   facility installed before the effective date of this Act is   governed by the law as it existed immediately before that date, and   the law is continued in effect for that purpose.          SECTION 3.  This Act takes effect September 1, 2025.