Bill Text: TX SB154 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to location requirements for the construction of certain wind-powered energy devices.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-02-15 - Referred to Business & Commerce [SB154 Detail]
Download: Texas-2023-SB154-Introduced.html
88R2515 DIO-D | ||
By: Springer | S.B. No. 154 |
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relating to location requirements for the construction of certain | ||
wind-powered energy devices. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Title 6, Utilities Code, is | ||
amended to read as follows: | ||
TITLE 6. PRIVATELY ENFORCEABLE RENEWABLE GENERATION PROVISIONS | ||
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SECTION 2. Title 6, Utilities Code, is amended by adding | ||
Chapter 303 to read as follows: | ||
CHAPTER 303. WIND TURBINE GENERATOR SITING | ||
Sec. 303.0101. SITING. (a) A person may not construct at a | ||
site a wind turbine generator unless the site complies with the | ||
minimum setback requirements provided by this section. | ||
(b) The minimum setback for a wind turbine generator is | ||
3,000 feet measured from the property line of each property that | ||
borders the property on which the site is located. | ||
(c) The setback distance described by Subsection (b) must be | ||
measured as a straight line from the vertical centerline of the | ||
proposed wind turbine generator to the nearest point on the | ||
property line. | ||
(d) This section does not create an offense. | ||
Sec. 303.0102. SITING WAIVER. (a) A person may begin | ||
construction of a wind turbine generator at a site that does not | ||
comply with the requirements of Section 303.0101 if the person | ||
obtains a signed, written waiver from the owner of the property that | ||
is the source of the noncompliance. | ||
(b) A waiver may not be made effective for a period of more | ||
than one year after the date the owner signs the waiver. A waiver | ||
may be retroactive for any period of time. | ||
Sec. 303.0103. INJUNCTION. (a) A county or district court | ||
by injunction may prevent, restrain, abate, or otherwise remedy a | ||
violation of this chapter. | ||
(b) A person affected or who may be affected by a violation | ||
or threatened violation of this chapter may bring suit under | ||
Subsection (a). | ||
SECTION 3. Chapter 240, Local Government Code, is amended | ||
by adding Subchapter F to read as follows: | ||
SUBCHAPTER F. WIND-POWERED ENERGY DEVICES | ||
Sec. 240.101. DEFINITIONS. In this subchapter: | ||
(1) "Air navigation facility" and "airport" have the | ||
meanings assigned by Section 22.001, Transportation Code. | ||
(2) "Wind-powered energy device" means an apparatus | ||
designed or adapted to: | ||
(A) convert the energy available in the wind into | ||
thermal, mechanical, or electrical energy; | ||
(B) store the energy converted under Paragraph | ||
(A), either in the form to which originally converted or another | ||
form; or | ||
(C) distribute the energy converted under | ||
Paragraph (A). | ||
Sec. 240.102. DESIGNATION OF CONSTRUCTION AREAS. (a) The | ||
commissioners court of a county in which an air navigation facility | ||
or airport is located by order may, in collaboration with the owner | ||
or operator of the facility or airport: | ||
(1) designate one or more appropriate locations for a | ||
person to install a wind-powered energy device in the | ||
unincorporated area of the county in accordance with this section; | ||
and | ||
(2) prohibit the installation of a wind-powered energy | ||
device in the county in an area other than a designated area. | ||
(b) An order under Subsection (a) may not apply to a | ||
wind-powered energy device installed before the effective date of | ||
the order. | ||
(c) Areas designated by a county under Subsection (a) must | ||
maintain compatibility with the activities of the air navigation | ||
facility or airport. | ||
SECTION 4. Chapter 303, Utilities Code, as added by this | ||
Act, applies only to a wind turbine generator the construction of | ||
which begins on or after the effective date of this Act. | ||
Construction of a wind turbine generator that began before the | ||
effective date of this Act is governed by the law as it existed | ||
immediately before the effective date of this Act, and the former | ||
law is continued in effect for that purpose. | ||
SECTION 5. This Act takes effect September 1, 2023. |