Bill Text: TX SB1053 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to notice of and issuance of a permit for the construction or expansion of a wind-powered electric generation facility located near a federally owned or operated radar installation or military installation.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-03-16 - Referred to Natural Resources [SB1053 Detail]
Download: Texas-2011-SB1053-Introduced.html
| 2011S0540-1 03/01/11 | ||
| By: Hinojosa | S.B. No. 1053 | |
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| relating to notice of and issuance of a permit for 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. 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 only to construction or expansion of any part of a | ||
| wind-powered electric generation facility within 25 miles of the | ||
| boundaries of a federally owned or operated radar installation or | ||
| military installation. | ||
| Sec. 252.003. 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. | ||
| [Sections 252.004-252.050 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 OF PROPOSED CONSTRUCTION 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 whose | ||
| boundaries are within 25 miles of any part of the planned | ||
| construction or expansion and whether the installation is included | ||
| on the notification list described by Section 252.052. | ||
| Sec. 252.102. NOTIFICATION OF PROPOSED CONSTRUCTION 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. | ||
| Sec. 252.103. EXPIRATION OF SUBCHAPTER. This subchapter | ||
| expires April 1, 2012. | ||
| [Sections 252.104-252.150 reserved for expansion] | ||
| SUBCHAPTER D. PERMIT FOR CONSTRUCTION OR EXPANSION | ||
| Sec. 252.151. PERMIT OR PERMIT AMENDMENT REQUIRED. Before | ||
| work is begun on the construction of a new wind-powered electric | ||
| generation facility to which this chapter applies or the expansion | ||
| of an existing facility to which this chapter applies, the person | ||
| planning the construction or expansion must obtain a permit or | ||
| permit amendment from the commission. | ||
| Sec. 252.152. APPLICATION. (a) To obtain a permit or | ||
| permit amendment described by Section 252.151, a person must submit | ||
| an application to the commission. | ||
| (b) An application must be on a form adopted by rule by the | ||
| commission. The form must require the applicant to provide the | ||
| information necessary to enable the commission to determine whether | ||
| to issue the permit or permit amendment. | ||
| Sec. 252.153. PROCEDURES FOR ACTING ON APPLICATIONS. | ||
| (a) The commission shall adopt rules providing for notice, the | ||
| submission of public comments, and an opportunity for a public | ||
| hearing on an application. | ||
| (b) At the time an application is administratively | ||
| complete, the commission shall provide a copy of the application | ||
| 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. | ||
| (c) The commission shall provide notice of a public meeting | ||
| held under this chapter to: | ||
| (1) the entities listed in Subsection (b); and | ||
| (2) a municipality or county that the commission | ||
| determines could be affected by the permit application. | ||
| (d) After the office of the comptroller of public accounts | ||
| receives notice under Subsection (b) of an application, the | ||
| comptroller shall prepare an economic impact analysis of the | ||
| proposed construction or expansion and submit the analysis to the | ||
| commission. | ||
| Sec. 252.154. ISSUANCE OF PERMIT OR PERMIT AMENDMENT. | ||
| (a) The commission may not issue a permit or permit amendment for | ||
| construction or expansion of a wind-powered electric generation | ||
| facility to which this chapter applies if the commission determines | ||
| that the construction or expansion will unreasonably interfere with | ||
| the activities of a federally owned or operated radar installation | ||
| or military installation whose boundaries are within 25 miles of | ||
| any part of the planned construction or expansion. | ||
| (b) If the commission determines that the commission is not | ||
| prohibited under Subsection (a) from issuing a permit or permit | ||
| amendment, the commission shall consider the following factors in | ||
| deciding whether to issue the permit or permit amendment: | ||
| (1) the mission of any federally owned or operated | ||
| radar installation or military installation that the commission | ||
| determines has boundaries within 25 miles of the proposed | ||
| construction or expansion; | ||
| (2) the economic impact of the proposed construction | ||
| or expansion on affected municipalities and counties and on this | ||
| state, using the analysis submitted by the comptroller under | ||
| Section 252.153(d); and | ||
| (3) any other information the commission determines is | ||
| relevant. | ||
| (c) The commission shall adopt rules for making the | ||
| determination under this section. | ||
| Sec. 252.155. FEES. The commission shall charge a fee in an | ||
| amount provided by commission rule to a person who applies for a | ||
| permit or permit amendment for a construction or expansion project. | ||
| The amount of the fee may not exceed an amount reasonably necessary | ||
| to recover the cost of administering this chapter. | ||
| Sec. 252.156. APPLICABILITY OF OTHER LAW. Subchapter M, | ||
| Chapter 5, Water Code, does not apply to a permit issued under this | ||
| chapter. | ||
| SECTION 2. (a) Except as provided by Subsection (b) of | ||
| this section, this Act applies only to a wind-powered electric | ||
| generation facility for which construction or expansion begins on | ||
| or after the effective date of this Act. A facility for which | ||
| construction or expansion 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. | ||
| (b) Subchapter D, Chapter 252, Utilities Code, as added by | ||
| this Act, applies only to construction or expansion of a | ||
| wind-powered electric generation facility that begins on or after | ||
| April 1, 2012. Construction or expansion of a wind-powered electric | ||
| generation facility that begins before April 1, 2012, is governed | ||
| by the law in effect before the effective date of this Act, and that | ||
| law is continued in effect for that purpose. | ||
| SECTION 3. Not later than January 1, 2012, the Texas | ||
| Commission on Environmental Quality shall adopt rules to implement | ||
| Chapter 252, Utilities Code, as added by this Act. | ||
| 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. | ||
