Wind Farms Need Aviation And Military Sign-Off To Start Or Expand

The text as introduced · 272 words

89R7874 ANG-D

By: Patterson
H.B. No. 1895

A BILL TO BE ENTITLED

AN ACT

relating to the operation or expansion of a wind-powered generation

facility.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 35, Utilities Code, is

amended by adding Section 35.0024 to read as follows:

Sec. 35.0024. WIND-POWERED 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-powered 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-powered generation facility

installed on or after the effective date of this Act. A

wind-powered 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.