Bill Text: TX HB1509 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to notice of the construction or expansion of a wind-powered electric generation facility located near a federally owned or operated radar installation or military installation.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-04-14 - Companion considered in lieu of in committee [HB1509 Detail]
Download: Texas-2011-HB1509-Introduced.html
| 82R4899 JXC-D | ||
| By: Pickett | H.B. No. 1509 | |
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| relating to notice of the construction or expansion of a | ||
| wind-powered electric generation facility located near a federally | ||
| owned or operated radar installation or military installation. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Title 5, Utilities Code, is amended by adding | ||
| Chapter 252 to read as follows: | ||
| CHAPTER 252. NOTIFICATION OF CONSTRUCTION OR EXPANSION OF CERTAIN | ||
| WIND-POWERED ELECTRIC GENERATION FACILITIES | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 252.001. DEFINITION. In this chapter, "commission" | ||
| means the Texas Commission on Environmental Quality. | ||
| Sec. 252.002. APPLICABILITY OF CHAPTER. This chapter | ||
| applies to the construction or expansion of a wind-powered electric | ||
| generation facility if: | ||
| (1) the construction or expansion is estimated to cost | ||
| at least $10,000; and | ||
| (2) any part of the construction or expansion will | ||
| occur within 25 miles of the boundaries of a federally owned or | ||
| operated radar installation or military installation included on | ||
| the notification list described by Section 252.052. | ||
| [Sections 252.003-252.050 reserved for expansion] | ||
| SUBCHAPTER B. REQUEST FOR NOTIFICATION | ||
| Sec. 252.051. REQUEST FOR NOTIFICATION. A federally owned | ||
| or operated radar installation or military installation may request | ||
| that the commission notify the installation of a planned | ||
| construction or expansion project if any part of the construction | ||
| or expansion will occur within 25 miles of the boundaries of the | ||
| installation. | ||
| Sec. 252.052. NOTIFICATION LIST. (a) The commission shall | ||
| create and maintain a list of federally owned or operated radar | ||
| installations and military installations that have requested | ||
| notification from the commission under Section 252.051. | ||
| (b) The commission shall publish the notification list | ||
| required by this section on its Internet website and provide a copy | ||
| of the list to each person who requests a copy. | ||
| Sec. 252.053. RULES RELATING TO LIST. The commission may | ||
| adopt rules as necessary to enable federally owned or operated | ||
| radar installations and military installations to request | ||
| notification and to be included on the notification list required | ||
| by Section 252.052, including rules relating to the information an | ||
| installation must provide to the commission. | ||
| [Sections 252.054-252.100 reserved for expansion] | ||
| SUBCHAPTER C. NOTIFICATION OF CONSTRUCTION OR EXPANSION | ||
| Sec. 252.101. NOTIFICATION TO COMMISSION. (a) A person who | ||
| intends to begin a construction or expansion project to which this | ||
| chapter applies shall provide written notice to the commission of | ||
| the planned construction or expansion. The commission by rule | ||
| shall set a deadline by which the notification required by this | ||
| section must be provided. | ||
| (b) The notice required under Subsection (a) must include: | ||
| (1) the name of the person planning the construction | ||
| or expansion; | ||
| (2) the location of the planned construction or | ||
| expansion; | ||
| (3) a detailed description of any construction or | ||
| expansion that will extend 200 feet or higher above ground level, | ||
| including the final proposed height of that construction or | ||
| expansion; and | ||
| (4) the name and location of each federally owned or | ||
| operated radar installation or military installation included on | ||
| the notification list described by Section 252.052 and whose | ||
| boundaries are within 25 miles of any part of the planned | ||
| construction or expansion. | ||
| (c) The commission shall charge a fee in an amount provided | ||
| by commission rule to a person who provides written notice of a | ||
| construction or expansion project to the commission under this | ||
| section. The amount of the fee may not exceed an amount reasonably | ||
| necessary to recover the cost of administering this chapter. | ||
| Sec. 252.102. NOTIFICATION BY COMMISSION. Not later than | ||
| the 25th day after the date the commission receives notice of a | ||
| proposed construction or expansion project under Section 252.101, | ||
| the commission shall provide a copy of the notice to: | ||
| (1) any federally owned or operated radar installation | ||
| or military installation that the commission determines is included | ||
| on the notification list described by Section 252.052 and that has | ||
| boundaries within 25 miles of the proposed project; | ||
| (2) each county or municipality that the commission | ||
| determines has boundaries within 25 miles of a federally owned or | ||
| operated radar installation or military installation described by | ||
| Subdivision (1); | ||
| (3) the office of the governor; | ||
| (4) the Texas Military Preparedness Commission; | ||
| (5) the office of the comptroller of public accounts; | ||
| and | ||
| (6) the State Energy Conservation Office. | ||
| [Sections 252.103-252.150 reserved for expansion] | ||
| SUBCHAPTER D. RULES | ||
| Sec. 252.151. CONSULTATION CONCERNING RULES. The | ||
| commission shall consult with the office of the governor, the Texas | ||
| Military Preparedness Commission, the office of the comptroller of | ||
| public accounts, and the State Energy Conservation Office in | ||
| developing and amending rules to implement and administer this | ||
| chapter. | ||
| SECTION 2. Not later than January 1, 2012, the Texas | ||
| Commission on Environmental Quality shall adopt rules and | ||
| procedures necessary to implement Chapter 252, Utilities Code, as | ||
| added by this Act. | ||
| SECTION 3. This Act applies only to construction or | ||
| expansion of a wind-powered electric generation facility that | ||
| begins on or after the effective date of this Act. Construction or | ||
| expansion of a wind-powered electric generation facility that began | ||
| before the effective date of this Act is governed by the law in | ||
| effect on the date the construction or expansion began, and that law | ||
| is continued in effect for that purpose. | ||
| SECTION 4. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2011. | ||
