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A BILL TO BE ENTITLED
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AN ACT
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relating to notice of and issuance of a permit for the construction |
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or expansion of a wind-powered electric generation facility located |
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near a federally owned or operated radar installation or military |
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installation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 5, Utilities Code, is amended by adding |
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Chapter 252 to read as follows: |
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CHAPTER 252. CONSTRUCTION OR EXPANSION OF CERTAIN WIND-POWERED |
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ELECTRIC GENERATION FACILITIES |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 252.001. DEFINITION. In this chapter, "commission" |
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means the Texas Commission on Environmental Quality. |
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Sec. 252.002. APPLICABILITY OF CHAPTER. This chapter |
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applies only to construction or expansion of any part of a |
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wind-powered electric generation facility within 25 miles of the |
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boundaries of a federally owned or operated radar installation or |
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military installation. |
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Sec. 252.003. CONSULTATION CONCERNING RULES. The |
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commission shall consult with the office of the governor, the Texas |
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Military Preparedness Commission, the office of the comptroller of |
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public accounts, and the State Energy Conservation Office in |
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developing and amending rules to implement and administer this |
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chapter. |
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[Sections 252.004-252.050 reserved for expansion] |
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SUBCHAPTER B. REQUEST FOR NOTIFICATION |
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Sec. 252.051. REQUEST FOR NOTIFICATION. A federally owned |
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or operated radar installation or military installation may request |
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that the commission notify the installation of a planned |
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construction or expansion project if any part of the construction |
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or expansion will occur within 25 miles of the boundaries of the |
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installation. |
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Sec. 252.052. NOTIFICATION LIST. (a) The commission shall |
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create and maintain a list of federally owned or operated radar |
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installations and military installations that have requested |
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notification from the commission under Section 252.051. |
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(b) The commission shall publish the notification list |
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required by this section on its Internet website and provide a copy |
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of the list to each person who requests a copy. |
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Sec. 252.053. RULES RELATING TO LIST. The commission may |
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adopt rules as necessary to enable federally owned or operated |
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radar installations and military installations to request |
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notification and to be included on the notification list required |
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by Section 252.052, including rules relating to the information an |
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installation must provide to the commission. |
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[Sections 252.054-252.100 reserved for expansion] |
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SUBCHAPTER C. NOTIFICATION OF CONSTRUCTION OR EXPANSION |
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Sec. 252.101. NOTIFICATION OF PROPOSED CONSTRUCTION TO |
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COMMISSION. (a) A person who intends to begin a construction or |
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expansion project to which this chapter applies shall provide |
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written notice to the commission of the planned construction or |
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expansion. The commission by rule shall set a deadline by which the |
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notification required by this section must be provided. |
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(b) The notice required under Subsection (a) must include: |
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(1) the name of the person planning the construction |
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or expansion; |
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(2) the location of the planned construction or |
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expansion; |
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(3) a detailed description of any construction or |
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expansion that will extend 200 feet or higher above ground level, |
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including the final proposed height of that construction or |
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expansion; and |
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(4) the name and location of each federally owned or |
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operated radar installation or military installation whose |
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boundaries are within 25 miles of any part of the planned |
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construction or expansion and whether the installation is included |
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on the notification list described by Section 252.052. |
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Sec. 252.102. NOTIFICATION OF PROPOSED CONSTRUCTION BY |
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COMMISSION. Not later than the 25th day after the date the |
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commission receives notice of a proposed construction or expansion |
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project under Section 252.101, the commission shall provide a copy |
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of the notice to: |
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(1) any federally owned or operated radar installation |
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or military installation that the commission determines is included |
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on the notification list described by Section 252.052 and that has |
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boundaries within 25 miles of the proposed project; |
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(2) each county or municipality that the commission |
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determines has boundaries within 25 miles of a federally owned or |
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operated radar installation or military installation described by |
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Subdivision (1); |
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(3) the office of the governor; |
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(4) the Texas Military Preparedness Commission; |
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(5) the office of the comptroller of public accounts; |
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and |
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(6) the State Energy Conservation Office. |
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Sec. 252.103. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires April 1, 2012. |
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[Sections 252.104-252.150 reserved for expansion] |
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SUBCHAPTER D. PERMIT FOR CONSTRUCTION OR EXPANSION |
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Sec. 252.151. PERMIT OR PERMIT AMENDMENT REQUIRED. Before |
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work is begun on the construction of a new wind-powered electric |
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generation facility to which this chapter applies or the expansion |
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of an existing facility to which this chapter applies, the person |
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planning the construction or expansion must obtain a permit or |
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permit amendment from the commission. |
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Sec. 252.152. APPLICATION. (a) To obtain a permit or |
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permit amendment described by Section 252.151, a person must submit |
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an application to the commission. |
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(b) An application must be on a form adopted by rule by the |
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commission. The form must require the applicant to provide the |
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information necessary to enable the commission to determine whether |
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to issue the permit or permit amendment. |
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Sec. 252.153. PROCEDURES FOR ACTING ON APPLICATIONS. |
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(a) The commission shall adopt rules providing for notice, the |
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submission of public comments, and an opportunity for a public |
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hearing on an application. |
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(b) At the time an application is administratively |
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complete, the commission shall provide a copy of the application |
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to: |
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(1) any federally owned or operated radar installation |
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or military installation that the commission determines is included |
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on the notification list described by Section 252.052 and that has |
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boundaries within 25 miles of the proposed project; |
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(2) each county or municipality that the commission |
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determines has boundaries within 25 miles of a federally owned or |
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operated radar installation or military installation described by |
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Subdivision (1); |
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(3) the office of the governor; |
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(4) the Texas Military Preparedness Commission; |
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(5) the office of the comptroller of public accounts; |
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and |
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(6) the State Energy Conservation Office. |
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(c) The commission shall provide notice of a public meeting |
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held under this chapter to: |
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(1) the entities listed in Subsection (b); and |
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(2) a municipality or county that the commission |
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determines could be affected by the permit application. |
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(d) After the office of the comptroller of public accounts |
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receives notice under Subsection (b) of an application, the |
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comptroller shall prepare an economic impact analysis of the |
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proposed construction or expansion and submit the analysis to the |
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commission. |
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Sec. 252.154. ISSUANCE OF PERMIT OR PERMIT AMENDMENT. |
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(a) The commission may not issue a permit or permit amendment for |
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construction or expansion of a wind-powered electric generation |
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facility to which this chapter applies if the commission determines |
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that the construction or expansion will unreasonably interfere with |
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the activities of a federally owned or operated radar installation |
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or military installation whose boundaries are within 25 miles of |
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any part of the planned construction or expansion. |
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(b) If the commission determines that the commission is not |
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prohibited under Subsection (a) from issuing a permit or permit |
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amendment, the commission shall consider the following factors in |
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deciding whether to issue the permit or permit amendment: |
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(1) the mission of any federally owned or operated |
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radar installation or military installation that the commission |
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determines has boundaries within 25 miles of the proposed |
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construction or expansion; |
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(2) the economic impact of the proposed construction |
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or expansion on affected municipalities and counties and on this |
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state, using the analysis submitted by the comptroller under |
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Section 252.153(d); and |
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(3) any other information the commission determines is |
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relevant. |
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(c) The commission shall adopt rules for making the |
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determination under this section. |
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Sec. 252.155. FEES. The commission shall charge a fee in an |
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amount provided by commission rule to a person who applies for a |
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permit or permit amendment for a construction or expansion project. |
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The amount of the fee may not exceed an amount reasonably necessary |
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to recover the cost of administering this chapter. |
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Sec. 252.156. APPLICABILITY OF OTHER LAW. Subchapter M, |
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Chapter 5, Water Code, does not apply to a permit issued under this |
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chapter. |
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SECTION 2. (a) Except as provided by Subsection (b) of |
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this section, this Act applies only to a wind-powered electric |
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generation facility for which construction or expansion begins on |
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or after the effective date of this Act. A facility for which |
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construction or expansion began before the effective date of this |
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Act is governed by the law in effect on the date the construction or |
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expansion began, and that law is continued in effect for that |
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purpose. |
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(b) Subchapter D, Chapter 252, Utilities Code, as added by |
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this Act, applies only to construction or expansion of a |
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wind-powered electric generation facility that begins on or after |
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April 1, 2012. Construction or expansion of a wind-powered electric |
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generation facility that begins before April 1, 2012, is governed |
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by the law in effect before the effective date of this Act, and that |
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law is continued in effect for that purpose. |
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SECTION 3. Not later than January 1, 2012, the Texas |
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Commission on Environmental Quality shall adopt rules to implement |
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Chapter 252, Utilities Code, as added by this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |